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HomeMy WebLinkAbout2024-06-18 City Council Agenda PacketCITY COUNCIL Special Meeting Tuesday, June 18, 2024 CITY O F Council Chambers & Hybrid PALO 4:00 PM ALTO Palo Alto City Council meetings will be held as "hybrid" meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone: 1(669)900-6833 PUBLIC COMMENTS General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff's presentation or as determined by the Chair. Written public comments can be submitted in advance to city.council(CityofPaloAlto.org and will be provided to the Council and available for inspection on the City's website. Please clearly indicate which agenda item you are referencing in your subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB's or other physical electronic storage devices are not accepted. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. TIME ESTIMATES Listed times are estimates only and are subiect to chance at any time. includine while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. June 18, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CALL TO ORDER AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (4:00 - 4:30 PM) Members of the public may speak in -person ONLY to any item NOT on the agenda. 1-3 minutes depending on # of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (4:30 - 4:35 PM) Members of the public may not speak to the item(s). STUDY SESSION (4:35 - 5:35 PM) Members of the public may speak in -person ONLY to Study Session Agenda Item Number 1. 1. Study Session: Report from the Human Relations Commission regarding their Research on the Lived Experience of Asian American, Native Hawaiians and Pacific Islanders; CEQA status — not a project CONSENT CALENDAR (5:35 - 5:40 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 2. Approval of 1) Construction Contract No. C24190876 with Valentine Corporation in the Amount of $667,369 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not -to -Exceed Amount of $100,105; and 2) Amendment No. 1 to Contract No. S24189099 with H.T. Harvey & Associates in an Amount Not to Exceed $131,732, for Biological Compliance and Post Construction Monitoring and Restoration, for the Baylands Boardwalk Pilings Repair Project Capital Improvement Program PE -24000; CEQA status — exempt under CEQA Guidelines Section 15301 3. Approval of Amendment No. 3 to Contract Number C21180324 with Canopy in the Amount of $376,550 and to Extend Contract Term for One Year for Continued Implementation of Urban Forest Master Plan Programs, and Approval of a Budget Amendment in the General Fund; CEQA Status - Exempt Under CEQA Guidelines Section 15308 4. Approval of Amendment Number 5 to Contract Number C20176363 With Magellan in the Amount of $1,122,121 to Incorporate Additional Design and Technical Services for the Fiber -to -the -Premises (FTTP) Pilot Project for a Revised Total Not -to -Exceed of $6,807,412 Over a Five -and -a -Half -Year Term; CEQA Status — Not a Project June 18, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. 5. Approval of General Services Contract Number C25188309 with Cintas Corporation in the Amount of $2,124,293 to Provide for Rental and Laundering of Work Uniforms and Miscellaneous Items for a Period of Five Years; CEQA Status — Not a Project. 6. Approval of Contract Number C25190507 with OverDrive in an Amount Not to Exceed $200,000 to Provide Library Electronic Content ("E -Content") for a Period of Two Years; CEQA status — not a project. 7. Approval of Professional Service Contract Number C25191000 with Grassroots Ecology in an Amount Not -to -Exceed $612,027 for Land Stewardship Services at Pearson- Arastradero Preserve for a period of Five Years; CEQA status — categorically exempt. 8. Approval of a Memorandum of Understanding for a Countywide Food Recovery Program; CEQA Status — Exempt under CEQA Guidelines Section 15308 CITY MANAGER COMMENTS (5:40 - 5:55 PM) BREAK (15 MINUTES) ACTION ITEMS (Item 9: 6:10 - 7:00 PM, Item 10: 7:00 - 8:30 PM, Item 11: 8:30 - 10:00 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 9. Adoption of the Community Development Block Grant (CDBG) FY 2024-25 Annual Action Plan and the Adoption of a Resolution Approving Use of CDBG and CDBG CARES Act (CDBG-CV) Funds for FY 2024-25, and Approval of a Budget Amendment in the Community Development Block Grant Fund. 10. PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 EI Camino Real [24PLN-00041]: Provide Direction on Applicant's Request for Amendments to the Existing Regulatory Agreement and Proposed Application for a Streamlined Housing Development Review to Allow the Redevelopment of the Buena Vista Village Mobile Home Park. The Proposed Development Would Result in Two Parcels, One Featuring a new 61 -Unit, 100% Affordable Housing, Multi -Family Apartment Building and Associated Work Within the Right -of -Way; and the Second Parcel Featuring a Renovated 44 -Unit Mobile Home Park, Which is Under State Jurisdictional Authority. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In -fill Development). Zoning District: RM-20. 11. PUBLIC HEARING: Adoption of a Resolution Implementing the North Ventura Coordinated Area Plan (NVCAP), Amending the City's Comprehensive Plan and Certifying the Supplemental Environmental Impact Report, Including a Statement of June 18, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. Overriding Considerations; and FIRST READING: an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, and 16.65 in the Palo Alto Municipal Code as Well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area. CEQA Status -- Supplemental Environmental Impact Report SCH #2023020691. ADJOURNMENT OTHER INFORMATION Standing Committee Meetings this week Rail Committee June 18, 2024 CANCELED Finance Committee June 18, 2024 CANCELED Retail Committee June 19, 2024 CANCELED City/Schools Liaison Committee June 20, 2024 Public Comment Letters Schedule of Meetings June 18, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom -based meeting. Please read the following instructions carefully. o You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. o You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. o When you wish to speak on an Agenda Item, click on "raise hand." The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. o When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362-027-238 Phone: 1-669-900-6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City's ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. June 18, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. Item 1 Item 1 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: STUDY SESSION Lead Department: Community Services Meeting Date: June 18, 2024 Report #:2406-3124 TITLE Study Session: Report from the Human Relations Commission regarding their Research on the Lived Experience of Asian American, Native Hawaiians and Pacific Islanders; CEQA status — not a project RECOMMENDATION Staff recommends that the Council receive a report from the Human Relations Commission on the results of their research on the Lived Experience of Asian American, Native Hawaiians and Pacific Islanders. This is a Study Session, therefore there will be no recommended actions; however, the Commission will be requesting Council feedback on the Commission's possible next steps. BACKGROUND The Human Relations Commission (HRC) has prepared a report on the Lived Experience of Asian American, Native Hawaiians and Pacific Islanders (Attachment A). This research is in response to input by the Council and Policy and Services Committee, as well as the HRC's ongoing work on Inclusion and Belonging, including exploring and implementing avenues to decrease hate crimes/hate based incidences in the community. A summary of this work is described below. • Council Meeting - January 19, 2021. The HRC presented a report to Council titled "Black & Brown Lives — History and Current Experience." Stemming from this report, the HRC committed to completing a project to partner with community leaders to lead up to 100 small group community conversations on diversity, inclusion, equity, and belonging, followed by a presentation of findings to Council and the community. That effort was completed in 2021. t City Council, January 19, 2021; Agenda Item 3; SR #11911, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- c m rs/yea r -a rc h ive/2021/i d-11911. pdf Item 1: Staff Report Pg. 1 Packet Pg. 6 of 692 Item 1 Item 1 Staff Report • Council Meeting —January 24, 2022. The HRC presented their report on "100 Community Conversations on Race and the Lived Experience in Palo Alto."2 There was low participation from Asian Americans and Council members felt that it was a "missed opportunity" to hear from this community. It was recommended, though no formal Council action was taken, that the HRC explore the lived experience of Asian Americans, including hate crimes/hate incidences. • Policy & Services Committee - February 8, 2022. During an update on the City's Race & Equity work,4 there was a motion passed5 to "Request the Human Relations Commission research the lived experience of Asian American and Pacific Islanders and suggest related workplan items as desired." • HRC Hosted Meeting with the Federal Bureau of Investigation (FBI) - September 21, 2022 FBI members met with representatives of the HRC and City staff to share recent hate crime statistics. Thereafter, in the spring of 2022, an Adhoc subcommittee (subcommittee) of the HRC began work on a report on the Lived Experiences of Asian American and Pacific Islanders. In keeping with the naming of the annual heritage month celebrated each year in May, the scope of the report was changed by staff to include Native Hawaiians. The subcommittee created and distributed a survey6 and targeted outreach was done in the Asian American, Native Hawaiian and Pacific Islander (AANHPI) community to anyone who lived, worked, worshipped, or went to school in Palo Alto. The survey was translated into Traditional and Simplified Chinese. The survey was open to the public in Spring/early Summer of 2023 and 100 responses were submitted. The subcommittee analyzed the survey results, as well as demographics collected from the American Communities Survey and they presented their initial results to the HRC on October 12, 2023,7 at which time members of the AANHPI community were also invited to share their experiences in Palo Alto. The subcommittee became aware that results of the City's Annual Community Survey would be available in late Fall of 2023 and requested to receive the responses from the AANHPI community to 2 City Council, January 24, 2022; Agenda Item 1; SR #13841, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=22O5 3 City Council, January 24, 2022; Summary Minutes; Agenda Item 1, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=42842 4 Policy and Services Committee, February 8, 2022; Agenda Item 1; SR #13997, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=8475 5 Policy and Services Committee, February 8, 2022; Summary Minutes; Agenda Item 1, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=40546 6 Human Relations Commission Asian American, Native Hawaiian, and Pacific Islander (AANHPIO Lived Experience Survey; https://www.cityofpaloalto.org/files/assets/public/v/5/community-services/human-relations- commission/aanhpi-survey/hrc-aanhpi-survey.pdf Human Relations Commission, October 12, 2023; Agenda Item 2; Attachment 1, https://www.cityofpa Ioa Ito.org/fi les/assets/pu bl is/v/1/comm u nits-services/hu man-relations- com m ission/agendas/10-12-23/10-12-23-hrc-agenda. pdf Item 1: Staff Report Pg. 2 Packet Pg. 7 of 692 Item 1 Item 1 Staff Report incorporate into their finding and report. The updated report was presented to the HRC on March 14, 2024.8 ANALYSIS See Attachment A: Memo from the Human Relations Commission titled: Report from the Human Relations Commission regarding their Research on the Lived Experience of Asian American, Native Hawaiians and Pacific Islanders. FISCAL/RESOURCE IMPACT The HRC will be further investigating a series of next steps in response to this report in collaboration with staff. If the Commission wishes to go forward and engage with staff on any of the next steps identified that do not already align with City programming or services, staff will need to evaluate staff capacity or identify a funding source which may include requesting additional funds. STAKEHOLDER ENGAGEMENT The HRC discussed the AANHPI survey and project at the following commission meetings: February 9, 2023, March 16, 2023, April 27, 2023, June 8, 2023, October 12, 2023 (which included a listening session of the experiences of local AANHPI individuals), and a presentation of the final report on March 14, 2024. All meetings were open to the public. ENVIRONMENTAL REVIEW This is not a project as defined by CEQA. ATTACHMENTS Attachment A: Human Relations Committee Memo to Council & Slide Presentation APPROVED BY: Kristen O'Kane, Community Services Director 8 Human Relations Commission, March 14, 2024; Agenda Item 4; Attachment 1, https://www.cityofpaloalto.org/files/assets/public/v/2/community-services/human-relations- commission/agendas/3-14-24/hrc-agenda-3-14-24.pdf Item 1: Staff Report Pg. 3 Packet Pg. 8 of 692 TO: FROM: DATE: RE: City Council Item 1 Attachment A - Human Relations Committee Memo to Council and Slide Presentation Adriana Eberle (Chair), Amy Hsieh, Mary Kate Stimmler, Human Relations Commission Inclusion & Belonging Adhoc Subcommittee March 22, 2023 Report from the Human Relations Commission regarding their Research on the Lived Experience of Asian American, Native Hawaiians and Pacific Islanders. Background This report on the lived experiences of Palo Alto's Asian American, Native Hawaiian, and Pacific Islander (AANHPI) residents was motivated by two factors. First, there is a large and growing population of AAHNPI residents in Palo Alto: According to the US Census, 34.8% of Palo Alto's population is Asian, which has been increasing steadily over the past decade. There is significant diversity within the Asian population, with the top five ethnicities being Chinese (20.3%), Indian (6.4%), Korean (3.1%), Japanese (1.5%), and Filipino (1%). Second, during the pandemic, anti -Asian hate crimes increased significantly across the country. In March 2023, the FBI released a Supplemental Hate Crimes Statistics report that showed the number of anti -Asian reported incidents increased 167 percent from 279 in 2020 to 746 in 2021. For these reasons, along with input received from the Council and the Policy and Services Committee, the Human Relations Commission (HRC) completed a report on the "Lived experience of Asian Americans, Native Hawaiians and Pacific Islanders." Methodology The HRC Inclusion & Belonging ad hoc Subcommittee (subcommittee) used the following sources to understand the lived experiences of AAHNPI residents better: • Human Relations Commission AAHNPI Survey: (Spring 2023) o The Commission created a survey to understand these lived experiences and distributed it across the community through community leaders, cultural centers, school forums and groups, and in -person canvassing. One hundred responses were received, including six translated from Chinese. • Listening Session/ Public Comment: o The HRC held a listening session on October 12, 2023. • Palo Alto Community Survey: o The Palo Alto Community Survey's results were analyzed to compare them with Item 1: Staff Report Pg. 4 Packet Pg. 9 of 692 Item 1 AttachmentA- - Human Relations Committee Memo to Council and those of the HRC's own survey. The survey had 190 respons Slide Presentation Asian -Indian, and Pacific Islander" residents. • American Communities Survey Data from the US Census Bureau: o The American Communities Survey (US Census Bureau) was analyzed to supplement these analyses. It is important to note that racial/ethnic categories varied by source; see footnote below. Key Themes Five key themes emerged from HRC's survey. These were (in order of frequency): appreciation and gratitude for living in Palo Alto, the need for greater visibility and civic representation for AANHPI cultures, experiences of racism and discrimination recent and historical, a need for greater recognition of the diversity within AANHPI cultures, and cultural tensions within Palo Alto Unified School District (PAUSD). These are all described in detail below: Appreciation and gratitude for living in Palo Alto Many AANHPI residents mentioned appreciation and gratitude for living in Palo Alto, with 27 out of 81 responses mentioning it. Comments like "Enjoy being part of the community" and "Great place to live and see family thrive" suggest that many residents appreciate life in our city. Similarly, in the Palo Alto Community Survey, 93% of Asian, Asian Indian, and Pacific Islander residents said they would recommend the city as a place to live, and 85% would recommend the city as a place to live if someone asked (both of these responses are more favorable for Asian populations than for non -Asian populations). Need for greater visibility and civic representation Many AANHPI residents mentioned the need for greater visibility and civic representation (17 out of 81 comments). The feeling of being under -represented in local city cultural events was similarly reflected in the Palo Alto Community Survey, where Asian, Asian Indian, and Pacific Islander residents reported lower satisfaction with recreation programs and classes (52% favorable, -17% vs. white residents), city -sponsored special events (43% favorable, -14% vs. white respondents), opportunities to attend cultural/arts/music activities (63% favorable, -9% vs. white respondents), and arts programs and theater (52% favorable, -8% vs white respondents). In the Palo Alto Community Survey, the most significant gap between Asian and white responses is in the rating of adult educational opportunities (40% favorable, -19% vs white respondents). In their HRC Survey comments, residents asked for the following: • Greater representation in government (4 comments) o "We need more local leaders to represent our community! Equality!" Item 1: Staff Report Pg. 5 Packet Pg. 10 of 692 Item 1 Attachment A - Human Relations Committee Memo to Council and • More community resources, especially in the libraries (e.g., Slide Presentation)(4 comments) o "Would like to hear more about supportive resources for Asian Americans/Pacific Islanders." • More cultural representation in community events (2 comments) o "35% of our city events are not Asian themed/focused. We would love to help our kids experience our parents' culture, but that is hard when most events are Turkey Trots and Chili Cookoffs." • Greater representation within school staff/teachers/libraries (2 comments) o "Provide more Chinese newspapers/magazines/videos at Rinconada library or online." Experiences of racism and discrimination, recent and past Several AANHPI respondents (14 out of 81 comments) shared concerns about anti-AANHPI racist attitudes and experiences, including recent and past, first-hand experiences and second-hand experiences. Concerns about inclusion were similarly reflected in the Palo Alto Community Survey. For example, only 52% of Asian, Asian Indian, and Pacific Islanders rated the openness and acceptance of the community toward people of different backgrounds favorably, compared to 61% of white respondents (although in some similar inclusion -related survey items, AANHPI residents were at similar or more favorable levels of satisfaction compared to white residents). In the open text in the HRC survey, respondents shared personal reflections on their experiences of racism: • The general existence of racist attitudes (10 comments) o "Racism against Asians is still a reality in Palo Alto." • Specific examples of recent discrimination (5 comments) o "There is a columnist for the Palo Alto Online News who has written things that are very hurtful to African Americans, Asians, and other people of color. " o Specific examples of past discrimination (3 comments) o "I have seen a lot of changes in my 68 years. When I was going to Walter Hays, my brother and I were the only Asians at the school. I remember while climbing on a jungle gym at Eleanor Park a boy pulled the corners of his eyes and made noises mimicking the Chinese language. " Need for a greater recognition of diversity within AANHPI cultures. One minor (8 out of 81 comments) but notable theme in the HRC survey was the need to recognize the diversity within AANHPI cultures. Some respondents criticized the survey's attempt to understand the AANHPI community as a singular culture: • "Any attempt to understand this as a group will fail as they comprise very Item 1: Staff Report Pg. 6 Packet Pg. 11 of 692 Item 1 Attachment A - Human Relations Committee Memo to Council and different cultures, world -views, and political leanings." Slide Presentation • "Asian is not a monolithic homogeneous group. There are wild differences in culture, values, beliefs and norms. It's frustrating to be lumped into one category AANHPI community is very diverse, however it is stereotyped to be a homogenous group." Comments on this theme serve as an important reminder that as we act on the feedback, we must appreciate the differences within the AANHPI community and appeal to several cultures. Cultural tensions within PAUSD The final minor theme (5 out of 81 comments) we heard in both the HRC survey and in public comment was a concern about cultural tensions within PAUSD, especially related to debates around the mathematics curriculum. For example, • As a white passing person, I often hear people speaking negatively about Asian parents and kids as if they don't 'belong' or somehow ruin their children's educational experience. • They want to take away opportunities for students to excel in STEM subjects and it feels like Asian students are targeted by their new policies. • There is an assumption by the school district leadership that if an Asian student is feeling any stress or depression (not necessarily associated with academics), it must be caused by academic pressure from their Asian Tiger parents. As these tensions within PAUSD are within the school district's jurisdiction, we have not addressed them directly in our recommendations for the HRC work plan but have included them as part of the lived AANHPI experiences within our City. Next Steps Based on the feedback in the survey, the HRC is considering updating our work plan to include the following five action areas: 1. Create a plan to increase AANHPI representation on city government boards, commission, and staff. 2. Create additional Asian -centered cultural events, potentially working with new hired staff DEl and special events experts. 3. Investigate the potential inclusion of more multilingual and multicultural library and other cultural resources, and creating awareness around resources that exist. Item 1: Staff Report Pg. 7 Packet Pg. 12 of 692 Item 1 Attachment A- Human Relations Committee Memo to Council and 4. Research the possibility of multilingual wayfaring signage, especial) Slide Presentation cultural resources. The prioritization of these action items will be balanced along with other priorities and city needs during our work plan re -organization in May 2024. Footnote on Racial/ethnic categories: * indicates the group used to compare to the respondents of the HRC survey. • The HRC survey had a blank text "write-in" option asking people "How do you identify yourself?" • Data from the Palo Alto Community Survey had data available for following: o White o Asian, Asian -Indian, Pacific Islander* o Multiracial/Other o Note that Black was combined with Multi -racial and Other due to low number of responses to protect anonymity • The American Communities Survey includes data on the following: o American Indian and Alaska Native o Asian* o Black or African American o Hispanic or Latino o Native Hawaiian and Other Pacific Islander o Not Hispanic or Latino o Some Other Race o Two or More Races o White Item 1: Staff Report Pg. 8 Packet Pg. 13 of 692 Item 1 Attachment A - Human Relations Committee Memo to Council and Slide Presentation Palo Alto I Asian American, Native Hawaiian, Pacific Islander (AANHPI) Human Relations Commission March 2024 Lived Experiences Survey Item 1: Staff Report Pg. 9 1 Packet Pg. 14 of 692 Item 1 Contents Attachment A - Human Relations Committee Memo to Council and Slide Presentation • Introduction/Context • Top concerns for AANHPI Residents (Findings from Palo Alto Community Survey and HRC Survey) • HRC Survey Respondent Characteristics • Cross Race Comparisons (Palo Alto Community Survey) Item 1: Staff Report Pg. 10 Packet Pg. 15 of 692 Context Introduction Survey Goals This survey was conducted by the Human Relations Commission to more fully understand the lived experiences of Asian American, Native Hawaiian, and Pacific Islander residents. Part of the motivation of this project was to understand whether the spike in anti -Asian hate crimes seen nationally was having an impact on the lived experiences of Palo Alto Residents. Timing This survey was conducted between May and July 2023. 1000 750 500 250 Item 1 Attachment A - Human Relations Committee Memo to Council and Slide Presentation Anti -Asian Hate Crimes 1991-2022 (Source: FBI) 1995 2000 2005 2010 2015 2020 Method The survey was shared using word-of-mouth, social media posts, flyers, City enews and community cultural groups/events. There were 100 responses to the survey. • To address the small number of responses, we supplemented where possible with two additional data sources: the American Communities Survey from the US Census Bureau (using race/ethnicity category "Asian") and the 2023 Palo Altc Community Survey (using 190 responses in the "Asian, Asian Indian, and Pacific Islander" race/ethnicity category). Item 1: Staff Report Pg. 11 1 Packet Pg. 16 of 692 Context - Item 1 Attach In 2022, 34.8% of Palo Alto was Asian*; the majority of Asian res [Committee eeMemotoCouncint A - Human lans iese Committee Memo to Council and Slide Presentation (20.7% of all residents). American Communities Survey Data Chinese Asian Indian Korean Japanese Filipino Vietnamese Other Asian Native Hawaiian 0 5 10 15 20 25 Percent of all Palo Alto Residents Only includes people who identified as one race. L. Item 1: staff Report Pg. 12 vv` M Packet Pg. 17 of 692 Context The Asian population has been steadily growing in Palo Alto. 100 75 50 25 0 American Communities Survey Data 17,079 residents 20,977 residents 23,647 residents 2012-2016 2013-2017 2018-2022 % Asian Population in Palo Alto (ACS 5 year estimates) Item 1: Staff Report Pg. 13 Item 1 Attachment A - Human Relations Committee Memo to Council and Slide Presentation Packet Pg. 18 of 692 Findings What should we know about your experience as an AANHPI There were five recurring themes within responses: Appreciation and gratitude for living in Palo Alto. Need for greater visibility and civic representation of AANHPI cultures. Experiences of racism and discrimination, recent and past. Need for a greater recognition of diversity within AANHPI cultures. Cultural tensions within PAUSD. Item 1 Attachment A - Human Relations Committee Memo to Council and i n d i Slide Presentation 0 10 20 30 han 1 theme) Item 1: Staff Report Pg. 14 Packet Pg. 19 of 692 Findings • Item 1 A - 1. HRC Survey shows many AANHPI residents have appreciat committeeMemotHumanCouncil a for Committee Memo to Council and Slide Presentation living in Palo Alto. The most common theme expressed by AANHPI residents was a general sense of gratitude for living in Palo Alto. feel comfortable in the community. I feel safe and comfortable living and walking in Palo Alto, I didn't realize the proportion of Asians was so high. Its gone up since we moved here in 1986. It's great Love the diversity Overall it is great Enjoy being part of the community Great place to live and see family thrive!! I have enjoyed living in Palo Alto and have been treated well. I feel satisfied so far. Palo Alto is a great place to live and raise children. We plan to continue to live here after our retirement. 27 out of 81 comments Item 1: Staff Report Pg. 15 1 Packet Pg. 20 of 692 Findings 1. Community Survey results similarly show that AANHPI levels of appreciation for the city. Item 1 Attachment A - Human Relations resliCommittee Memo to Council and Slide Presentation 0% 25% 50% 75% 100% % of Asian Respondents to City-wide Survey Due to low n -counts for other races/ethnicities, ra availahla fr IItem 1: Staff Report Pg. 16 Packet Pg. 21 of 692 Findings 2. HRC Survey shows a greater visibility and civic cultures. The second most common theme was a need for greater visibility and appreciation for AANHPI residents and their culture, including: • Greater representation in government (4 comments) • More community resources, especially in the libraries (e.g. books in Chinese) (4 comments) • More cultural representation in community events (2 comments) • Greater representation within school staff/teachers/libraries. (2 comments) Item 1 Attachment A - Human Relations representaCommittee Memo to Council and Slide Presentation We need more local leaders to represent our community! Equality! It would be nice to see representation in different places of city government and school admissions. We do not have enough representation in the government. Sometimes feel like we don't see enough cultural events or representation in media at Paly. Would like to hear more about supportive resources for Asian Americans/Pacific Islanders. 35% of our city events are not Asian themed/focused. We would love to help our kids experience our parents culture but that is hard when most events are Turkey Trots and Chili Cookoffs. Provide more Chinese newspaper/magazines/videos at Rinconada library or online. Palo Alto is not very diverse. Suggest adding more cultural programs, more communication to decrease AAPHI hate problem. 17 out of 81 I think the community can provide more Chinese signs for Senior Chinese comments Item 1: Staff Report Pg. 17 Packet Pg. 22 of 692 Findings 2. The Community Survey also shows a need for representation of AANHPI cultures. Recreation programs or classes -17% vs white respondents City -sponsored special evens -14% vs white respondents Opportunities to attend cultural/arts/music -9% vs white respondents Art programs and theater -8% vs white respondents Adult education opportunities -19% vs white respondents Item 1 Attachment A - Human Relations greatervisi b Committee Memo to Council and Slide Presentation 0% 20% 40% 60% % of Asian Respondents rating item as Excellent or Good 80% Due to low n -counts for other races/ethnicities, ra availahla fr IItem 1: Staff Report Pg. 18 Packet Pg. 23 of 692 Findings • Item 1 t A - 3. The HRC Survey shows experiences of racism and discrimina CommitteeMemotHumanouncilans 1 past. Committee Memo to Council and Slide Presentation Respondents mentioned the general existence of racist attitudes (10 comments), specific recent incidents (5 comments) and some past incidents (3). There is still some racial discrimination against (immigrant) Chinese people. Racism against Asians is still a reality in Palo Alto. Enjoy the cultural diversity and open-mindedness of most people but there are always some who don't appreciate it and those who aren't open to sharing. There is a columnist for the Palo Alto Online News that has written things that are very hurtful to African Americans, Asians, and other people of color. It feels like the Southeast Asian community and Islander community are largely viewed as "the help". I don't think there is any inherent racial bias, but the economic entry point to the city pretty much guarantee that Palo Altans are only learning about their wealthy neighbors instead of other Asian cultures. My experience has not resulted in any ethnic prejudices, but I was upset when I heard about the Asian mailman that was verbally accosted a few years ago on Ross Road. I have seen a lot of changes in my 68 years. When I was going to Walter Hays, my brother and I were the only Asians at the school. I remember while climbing on a jungle gym at Eleanore Park a boy pulled the corners of his eyes and made noises mimicking the Chinese language. I was probably 10 or so. But that's the only negative experience th I 14 out of 81 remember while growing up in PA. comments Item 1: Staff Report Pg. 19 1 Packet Pg. 24 of 692 Findings 3. Feedback in the Community Survey also shows some discrimination among Asian, Asian Indian and Pacific Ratings of Community Openness and acceptance of the community toward people of diverse backgrounds -9% vs White respondents Valuing/respecting residents from diverse backgrounds +10/ vs White respondents Ratings of City Govt Treating residents with respect +5% vs White respondents Treating all residents fairly +8% vs White respondents Item 1 Attachment A - Human Relations e\ndE Committee Memo to Council and Slide Presentation Islanc er resi en s. 0% 20% 40% 60% % of Asian Respondents rating item as Excellent or Good 80% Item 1: Staff Report Pg. 20 Packet Pg. 25 of 692 Due to low n -counts for other raceslethniciti I. Findings 4. HRC Survey Shows the need for a greater recognition of AANHPI cultures. Some residents mentioned the need for a greater appreciation of the diversity within AANHPI cultures. 8 out of 81 comments Item 1 d I Attachment A - Human Relations Committee Memo to Council and Slide Presentation Firstly, the term AANHPI is offensive. It attempts to reduce the rich diversity of all the communities defined by the term as if they were a homogenous group. Any attempt to understand this as a group will fail as they comprise very different cultures, world -views, and political leanings. Asian is not a monolithic homogeneous group. There are wild differences in culture, values, beliefs and norms. It's frustrating to be lumped into one category AANHPI community is very diverse, however it is stereotyped to be a homogenous group. Within AANHPI not only there are cultural differences, but there are inequities experienced between the populations based on the group they represent, class, education, immigration status, generation (how many years lived in US), and darkness of skin There should be more voices in the world for mixed people. Item 1: Staff Report Pg. 21 Packet Pg. 26 of 692 I I Findings 5. Finally, the HRC Survey included feedback on cultural Respondents noted that there are cultural tensions within PAUSD and different cultural standards for public education, particularly around parenting styles (2 comments) and STEM education (2 comments). i out of 81 comments Item 1 Attachment A - Human Relations tensilCommittee Memo to Council and SD• Slide Presentation As a white passing person, I often hear people speaking negatively about Asian parents and kids as if they don't 'belong' or somehow ruin their children's educational experience. The concept of 'forever foreigner' is alive and well in Palo Alto. Schools in PA feel less welcoming to Asians with the current district leadership. They want to take away opportunities for students to excel in STEM subjects and it feels like Asian students are targeted by their new policies. I feel that the PAUSD school district demonizes Asian Americans as two-dimensional and as creating academic pressure not only on their own children, but the children of the entire community. There is an assumption by the school district leadership that if an Asian student is feeling any stress or depression (not necessarily associated with academics), it must be caused by academic pressure from their Asian Tiger parents. We have experienced a very hostile school board that did not take us as parents' feedback when making decisions. There is an anti -STEM vibe flowing through the PAUSD administration that disproportionately affects Asian kids. The current kerfuffle over multivariable calculus and linear algebra is an example. These are courses primarily taken by Asian kids and the administration decided to initially drop them, and after a big fight has allowed them back in a less than ideal manner. Item 1: Staff Report Pg. 22 Packet Pg. 27 of 692 Recommendations / Item 1 Attachment A - Human Relations Four key ways to build a more inclusive community for Asian Committee Memo to Council and Slide Presentation To be considered for future inclusion in the HRC workplace in Q2 2024 Greater representation in city government boards, commissions, and staff Additional Asian -centered cultural events •11 More non -multilingual or multi -cultural library and other resources; or greater awareness of existing resources II ■ Multilingual wayfaring signage Item 1: Staff Report Pg. 23 Packet Pg. 28 of 692 Respondent Characteristics There were a wide -range of ways that respondents identified. anlerican 9 Years- -- immi rent■ chinese1dent;fr°a s i a n tla 4s i a n 4� identlf nlI buck round eren difft— r° /I r identlfl ! g • asians ,�a{ep ... ., �,�..��"�, �f'rhn,� a�faa s I a n identify„ urn »years �' Identify"• different �l � �� speak w born .�'� awhite M� S I 0 south ImmgranI //■■�� : background speak m�,+ background lmmi9 ant south identify a a rue nr i C a n , indian . Y it Y ( , �itfer nr , ny ., • v G. ... can tp _ asians can d' �■+ I I y south hire borne yes r� ::, ro Indian aas �r �jS`j r✓ imm r�t�G grant )identsians ify white 5 /' '� ✓C n.h indianCi pal 'ors In(ioan fired Srpeak.:. � yes /�paople - e r ea y�' `identify people �' born t ereamc o a� d :ferentasians alto `�, '"� �� :nna RC r iaii3 y N, rtsr. k yes a born P� pie qre o y tD whited 1 a Paia yes yes asians re identifta� SpeakPr�'�ar`:1T°' narc L-- • nb'tan v e;;� People ➢d naae�Rnc iPa"�•,t"r.. 1 ears mm diffgnt + ` white" ".,..�� 'dwhitebac 9�vund v whites 11tH background Years _ r. aa„ white Identif' yes ;, /z - V •- syears �nvn■ Years. !30„Uth . / o area dn�,#ihese­" r r torn in different n. �o alto" foray aidentify mmi reM�nmiw�■bockgro... tY- Q ic3'CW, i4r5oti$nm $Du �+ �nese g ndaemud}fferen Vh * ara�► -� chi,nee o. aalto polo asians i assns a car u area white �..{'� W�I I I I e I ca In �e intlian LA N "I! m I intlian~'`ChlneSe speak mmigrantw. �/� � i1 Q �american Item 1 Attachment A - Human Relations Committee Memo to Council and Slide Presentation The most common ways that respondents identified where: • Asian (24) • Asian American (8) • Indian (8) • Chinese American (8) • Chinese (8) • South Asian (3) • American (3) Some of the unique ways that respondents identified were: 1OO% Vietnamese immigrant, Burmese Chinese, British -Born Chinese, East Asian American, American Born Chinese, Filipino -American, AAPI, mixed.Taiwanese and Chinese American. Item 1: Staff Report Pg. 24 Packet Pg. 29 of 692 Respondent Characteristics - Item 1 Monolingual English was the most common language of respon ComchtteeMemott A - Con uncilans Committee Memo to Council and ra I Slide Presentation other languages were also spoken. Language(s) According to American Communities Survey (US English only 34 Census), 33% of Palo Alto residents speak a language English + other language(s) 58 Chinese* 33 Chinese only 7 Indian Language other than Hindi* 10 Japanese* 8 Spanish* 8 Hindi* 6 Vietnamese* 4 French* 3 other than English at home. % of all residents who speak a language other than English at home who speak Spanish 4% Indo-European language 11% Asian or Pacific Islander language 18% *Most speakers also spoke English. Item 1: Staff Report Pg. 25 vv Packet Pg. 30 of 692 Languages only spoken by one respondent inc r..._, __. Respondent Characteristics • - A large majority of respondents were either young -middle or seniors (55+) (44%). According to 2022 American Communities Survey (US Census), 38.5% of Palo Alto was 25-54 and 29% were 37.6% were over 55%, suggesting that the demographics of respondents roughly matched those of the city. 60 GDS 20 0 What is your age range? Under 12 12-24 25-54 55-74 75+ Item 1 Attachment A - Human Relations a(39%)ge Committee Memo to Council and Slide Presentation Item 1: Staff Report Pg. 26 Packet Pg. 31 of 692 Respondent Characteristics - Item 1 A - A large majority of respondents have lived in Palo Alto 10+ year CommitteeMernotHumanCouncil Committee Memo to Council and Slide Presentation How long have you lived in Palo Alto? 50 40 30 20 10 0 Under 5 yrs 5-10 yrs 10-20 yrs 20+ yrs NA/No response Item 1: Staff Report Pg. 27 Packet Pg. 32 of 692 • '. - • •. • Source: Palo Alto Community Survey In the Palo Alto Community Survey, "Black, Multi -Racial, and Ot CommitteeMemott a ouncilans have a Committee Memo to Council and de generally less positive experience compared to White and Asian resiaesntats, Overall distribution of Palo Alto City Survey items by race # of survey items more than 5% below "overall" rating Asian, Asian Indian, Pacific Islander n=190 Black, Multi -racial and Other nags # of survey items more than 5% above "overall" city rating W 7 1a 25 Item 1: Staff Report Pg. 28 Packet Pg. 33 of 692 Cross Race Comparison - . • • Item 1 In the Community Survey, there is general consensus across racial grow Attachment A -Human Relations of our Committee Memo to Council and city that need the most attention. Gray boxes indicate that item was not in low Slide Presentation Lowest ranked items on Community Survey Asian, Asian Indian, Black, Multi -Racial, across all respondents All Residents White Pacific Islander "Other" Cost of living in Palo Alto 8% 7% 8% 14% Availability of affordable quality housing 10% 7% 14% 9% Availability of affordable quality mental health 17% 17% 15% 21/° ° care Building and planning application processing 20% 14% 29% 32% services Availability of affordable quality 20% 16% 26% 28/° ° childcare/preschool Ease of travel by public transportation in Palo Alto 23% 25% 19% 19% Variety of housing options 24% 20% 31% 22% Land use, planning, and zoning 32% 28% 41% 26% Affordable high-speed internet access 35% 36% 35% 30% Taking care of vulnerable residents 39% 38% 45% 25% Code enforcement 40% 36% 45% 44% Working hard to keep utilities prices competitive 41% 46% 33% 41% Item 1: Staff Report Pg. 29 Packet Pg. 34 of 692 • '. - • •. • Source: Palo Alto Community Survey Unique areas of concern for each racial group: Items were ranke ComchtteeMemott Councilans p, Committee Memo to Council and U S Slide Presentation bottom 12 but not in the bottom 12 for all residents combined. Items that were in the racial • Employment • Opportunities to learn • Treating all residents group's bottom 12, but not in opportunities. about City services fairly bottom 12 for the city through social media • Value of services for overall. such as Twitter, taxes paid to Palo Alto Facebook, and • Overall direction Palo Nextdoor Alto is taking • Adult educational • Being open and opportunities transparent to the public Item 1: Staff Report Pg. 30 1 Packet Pg. 35 of 692 Item 2 Item 2 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Public Works ALTO Meeting Date: June 18, 2024 Report #:2403-2820 TITLE Approval of 1) Construction Contract No. C24190876 with Valentine Corporation in the Amount of $667,369 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not -to -Exceed Amount of $100,105; and 2) Amendment No. 1 to Contract No. S24189099 with H.T. Harvey & Associates in an Amount Not to Exceed $131,732, for Biological Compliance and Post Construction Monitoring and Restoration, for the Baylands Boardwalk Pilings Repair Project Capital Improvement Program PE -24000; CEQA status — exempt under CEQA Guidelines Section 15301 RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or their designee to execute Construction Contract No. C24190876 with Valentine Corporation in the amount of $667,369 for the Baylands Boardwalk Piling Repair project (PE -24000); 2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Valentine Corporation for related, additional, and unforeseen work that may develop during the project, the total value of which shall not exceed $100,105; and 3. Approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. S24189099 with H.T. Harvey & Associates for biological compliance and post construction monitoring and restoration in an amount not -to -exceed $131,731.60 and extend the term of the contract through June 30, 2026. This amendment results in a revised total contract not -to -exceed amount of $181,166.60. EXECUTIVE SUMMARY In January 2019, the City replaced the old Baylands Boardwalk located at the Lucy Evans Baylands Nature Interpretive Center (Interpretive Center) with a new accessible boardwalk of the same length and on the same alignment as the old boardwalk. The replacement boardwalk's pilings were constructed of Alaskan Yellow Cedar (AYC), a naturally durable, decay - resistant, non -pressure treated wood in compliance with the project permits. In fall 2022, the City observed substantial degradation of the boardwalk's vertical pilings under the observation Item 2: Staff Report Pg. 1 Packet Pg. 36 of 692 Item 2 Item 2 Staff Report platform caused by aquatic invertebrates. The damage is most severe where pilings are typically under water. The City temporarily repaired a few damaged piles while a long-term repair solution was identified. The City then retained a consulting team to help develop a long- term repair solution and a permitting approach. The repair solution identified includes installation of a fiber reinforced polymer (FRP) wrap around the pilings and grouting the internal spaces between the pilings and the FRP wrap. All required regulatory permits have been obtained except the formal amendment to the San Francisco Bay Conservation and Development Commission permit, which is anticipated in June 2024. Upon Council approval of the contracts, construction is anticipated to begin in September 2024 and be completed by December 2024. BACKGROUND The Baylands Boardwalk located at the Interpretive Center was replaced in January 20191. The replacement boardwalk was constructed of various types of timber materials to match the old structure style and character. The boardwalk is approximately 850 feet long and 5 feet wide with four intermediate overlooks and an observation platform in the San Francisco Bay. The pilings of the old boardwalk were constructed of pressure treated wood. In order to protect the special status species, the regulatory permits required that the pilings and other wood structures of the replacement boardwalk not be pressure treated with creosote to prevent the leaching of toxic chemicals into the marsh. Therefore, the replacement boardwalk's piles were constructed of AYC, a naturally durable, decay -resistant, non -pressure treated wood. In fall 2022, the City observed at low tide that substantial degradation of the boardwalk's pilings had occurred under the boardwalk's observation platform. A biologist from the Smithsonian Ecological Research Center visited the boardwalk during the winter of 2022-23 and identified the aquatic invertebrates causing the damage as non-native species. The damage is most severe where pilings are typically under water, specifically, beneath the observation platform at the end of the boardwalk and at locations where pilings extend into the tidal channel. Damage has not yet observed to pilings that are not regularly exposed to bay water because pilings are encased in bay mud up to the elevation of the tidal marsh plain. The damage is progressing and has affected numerous pilings. Public Works staff consulted with the City Attorney's Office to assess liability of the boardwalk designer for the specification of AYC wood, and we determined that it would be difficult to pursue a claim for defective design given the regulatory restrictions and the conventional knowledge about AYC's water-resistant qualities. In December 2022, the City temporarily restored the four most damaged pilings by securing new wood along the damaged sections. Staff has been conducting periodic inspections of the 1 City Council, June 25, 2018; Agenda Item #13; SR #9301 https://www.cityofpaloalto.org/files/assets/public/v/1/id.-9301-award-of-baylands-boardwalk-improvements- construction-project.pdf Item 2: Staff Report Pg. 2 Packet Pg. 37 of 692 Item 2 Item 2 Staff Report pilings while a long-term repair solution was being developed and coordinated with the regulatory agencies. Because all pilings are occasionally exposed to bay water during high tides, staff decided that all 157 pilings are susceptible to damage by the aquatic invertebrates and that all pilings should be repaired or protected. In May 2023, the City retained a consulting team consisting of H.T. Harvey & Associates and Biggs Cardosa Associates to help develop a long-term repair solution concept, determine a permitting approach with the relevant regulatory agencies, and characterize impacts to jurisdictional habitats. In August 2023, the City entered into separate professional services agreements with H.T. Harvey & Associates and Biggs Cardosa Associates to prepare regulatory permit applications, and design and bid documents, respectively. The repair consists of applying a pilings restoration system consisting of installing a columnar FRP sheet around the portion of the pilings, placing spacers to separate the pilings from the FRP sheet, installing FRP reinforcement, and filling the FRP sheet with grout. This would restore piling strength and provide a barrier to future degradation. The vertical length of the repair would be 4 feet along most of the boardwalk. Where the tidal channel beneath the boardwalk deepens to 3-5 feet, the vertical length of the repair may be up to 8 feet on a case -by -case basis. The repair methods are customized to avoid and minimize impacts to tidal marsh vegetation and associated wildlife. The project required consultation with and permits from the following regulatory agencies prior to construction: • United States Army Corps of Engineers (USACE) Section 404 Nationwide Permit • California Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification • San Francisco Bay Conservation and Development Commission (BCDC) Permit Amendment • United States Fish and Wildlife Service (USFWS) Biological Opinion • National Marine Fisheries Services, Section 7 Letter of Concurrence The formal Amendment to the BCDC permit is anticipated in June 2024 but all other regulatory permits listed above have been obtained. During the permitting process, staff and the consulting team advised the regulatory agencies of the problems that resulted from their restriction on the use of pressure treated wood. Work in the Baylands can occur between September 1 and January 31, outside of the California Ridgway's rail breeding season. The permits have been obtained for up to two such 5 month- long work windows, but the City anticipates completing repairs to all 157 pilings in one work window as part of this construction contract. The project permits require biological monitoring and compliance during construction and monitoring and reporting related to recovery of marsh vegetation post construction. Item 2: Staff Report Pg. 3 Packet Pg. 38 of 692 Item 2 Item 2 Staff Report ANALYSIS Per Palo Alto Municipal Code (PAMC) 2.30.360(i), the City retained HT Harvey & Associates (and Biggs Cardosa Associates) to help develop a long-term repair solution. Both Professional Services Agreements were under $50,000. Since H.T. Harvey & Associates is familiar with the project and has qualified staff available, an exemption to competitive solicitation pursuant to PAMC section 2.30.360(b) was approved by the City Manager for this Amendment No. 1. Staff considered conducting an expedited RFP solicitation, but determined it would be impractical to do so, since any delays would potentially result in further degradation of the piles and threaten the structure. Staff recommends approval of Amendment No. 1 to Contract S24189099 (Attachment A) with H.T Harvey & Associates to provide biological monitoring and regulatory permit compliance services. Staff is also amending Contract No. S24189098 with Biggs Cardosa Associates to provide construction support services. The resulting total contract not -to -exceed amount of $76,747 is within the City Manager's contract approval authority. Bid Process On April 3, 2024, a notice inviting formal bids for the Baylands Boardwalk Pilings Repair Project was posted on OpenGov, the City's eProcurement System. The bidding period was 28 calendar days. On May 1, 2024, one bid was received from a qualified contractor as listed in the attached Bid Summary (Attachment B). The table below includes a brief summary of the bid process. Project Bid Name/Number Baylands Boardwalk Pilings Repair Project/IFB190876 Proposed Length of Project 169 days Number of Bid Packages Downloaded by Contractors 26 Number of Bid Packages Downloaded by Builder's Exchanges 1 Total Days to Respond to Bid 28 Mandatory Pre -Bid Meeting Yes (non -mandatory) Number of Company Attendees at Pre -Bid Meeting 4 Number of Bids Received 1 Base Bid Price Range $587,094 Bid Alternates Price $80,275 Public Link to Solicitation https://procurement.opengov.com/portal/palo-alto- ca/projects/88561 The engineer's estimate is $456,825 for the base bid and $64,375 for the bid alternates. The bid price from the sole bidder is $587,094 for base bid items and $80,275 for additive bid alternates. The base bid price is approximately 29% above the engineer's estimate and the Item 2: Staff Report Pg. 4 Packet Pg. 39 of 692 Item 2 Item 2 Staff Report additive bid alternates price is approximately 25% above the engineer's estimate. The total base bid and alternates bid pricing is approximately 28% above the engineer's estimate. The additive bid alternate items include repairs to 22 pilings between the Interpretive Center and first overlook. No damage has been observed in these piles yet, apparently because they are primarily encased into the marsh soil and dense vegetation and are relatively less exposed to the Bay water for a prolonged time. Staff recommends awarding all additive bid items due to the potential of future degradation of these piles. Should the City need to repair these piles in the future, there could be significant cost implications with construction and permitting. Staff has reviewed the bid submitted and recommends the base bid and additive bid alternates totaling $667,369 submitted by Valentine Corporation be accepted, and Valentine Corporation be declared the lowest responsible bidder. Staff recommends approval of Construction Contract No. C241908762. The construction contingency amount of $100,105, which equals fifteen percent of the total contract, is requested for related, additional, but unforeseen work which may develop during the project. Staff checked references provided by Valentine Corporation for other similar projects completed by the bidder and received very positive feedback about their work performance. Staff also checked the contractor's license with the Contractor's State License Board and confirmed that Valentine Corporation has an active and current license. Staff reached out to potential responsive bidders to understand why they did not submit a bid. The reasons noted by the bidders were that they did not have the crew available to complete the work within the project timeline and the engineer's estimate was lower than they thought appropriate. Upon Council approval and the execution of the contract, the contractor may begin preparatory work such as ordering materials and preparing submittals. Onsite construction is expected to begin in September 2024 and be completed by December 2024. FISCAL/RESOURCE IMPACT Funding for the recommendations in this report is available in the Baylands Boardwalk Pilings Repair project (PE -24000) pending Council's approval of the Fiscal Year 2025 Capital Budget on June 17, 2024. STAKEHOLDER ENGAGEMENT Per the BCDC requirements, a Notice of Permit Application was posted at the Interpretive Center in December 2023 notifying the community of the permit application for the proposed repairs. It is assumed that the contractor would be able to repair 4-5 piles in one work shift. The Contractor will maintain as much of the Boardwalk available to public access as is practical and safe throughout construction. The location of intermittent closure of portions of boardwalk will 2 Valentine Corporation Construction Contract for Boardwalk Pilings Repair Project C24190876; www.cityofpaloalto.org/files/assets/pu b l is/v/1/pu bl ic-works/engi neeri ng-services/c24190876-va lenti ne- corp cc staff-report.pdf Item 2: Staff Report Pg. 5 Packet Pg. 40 of 692 Item 2 Item 2 Staff Report depend on the specific work site within the boardwalk being addressed on a given work shift. In general, the portion of the boardwalk closed on a work shift to address repairs is anticipated to be opened for public access after end of the work shift as appropriate. However, due to the narrow width of the boardwalk, it is unsafe for the public to try to pass the contractor's work area and the segment of the boardwalk north of the contractor's work zone may be closed during each work shift. Appropriate signage will be posted, and intermittent temporary closures will be implemented during construction. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Repair of existing facilities). ATTACHMENTS Attachment A: S24189099 H.T. Harvey Associates — Amendment No. 1 Attachment B: Bid Summary APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Item 2: Staff Report Pg. 6 Packet Pg. 41 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment AMENDMENT NO. 1 TO CONTRACT NO. S24189099 No. 1 BETWEEN THE CITY OF PALO ALTO AND TRIPLE HS, INC. dba H.T. HARVEY & ASSOCIATES This Amendment No. 1 (this "Amendment") to Contract No. S24189099 (the "Contract" as defined below) is entered into as of June 17, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and TRIPLE HS, INC. dba H.T. HARVEY & ASSOCIATES, a California corporation, located at 983 University Avenue Building D, Los Gatos, CA 95032 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RECITALS A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing permit Application Coordination and Preparation Services — for the Lucy Evans Nature Center's Baylands Boardwalk repair project (project) , as detailed therein. B. The Parties now wish to amend the Contract in order to (1) provide compliance assistance for the Baylands Boardwalk Pilings Repair project; (2) extend the contract term by six months through June 30, 2026; (3) update rate schedule; and (4) increase compensation by One Hundred Thirty -One Thousand Seven Hundred Thirty -One Dollars and Sixty Cents ($131,731.60), from Forty -Nine Thousand Four Hundred Thirty -Five Dollars ($49,435) to a new not -to -exceed total compensation of One Hundred Eighty -One Thousand One Hundred Sixty -Seven Dollars and Sixty Cents ($181,166.60), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: Contract. The term "Contract" shall mean Contract No. S24189099 between CONSULTANT and CITY. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2 "TERM" Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement." SECTION 3. Section 4 "NOT TO EXCEED COMPENSATION" of the Contract is hereby amended to read as follows: Vers.: Aug. 5, 2019 Page 1 of 15 Item 2: Staff Report Pg. 7 Packet Pg. 42 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment No. 1 "CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Sixty -Four Thousand Six Hundred Ninety -Seven Dollars ($164,697.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. ® Optional Additional Services Provision (This provision applies only if checked and a not -to - exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not -to -exceed compensation specified above, CITY has set aside the not -to - exceed compensation amount of Sixteen Thousand Four Hundred Sixty -Nine Dollars and Sixty Cents ($16,469.60) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Hundred Eighty -One Thousand One Hundred Sixty -Six Dollars and Sixty Cents ($181,166.60), as detailed in Exhibit C. "Additional Services" means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth forAdditional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY's Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled "PROFESSIONAL SERVICES TASK ORDER". Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY's Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation setforth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement." Vers.: Aug. 5, 2019 Page 2 of 15 Item 2: Staff Report Pg. 8 Packet Pg. 43 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226O692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment SECTION 4. The following exhibit(s) to the Contract is/are hereby a No 1 , as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit "A" entitled "SCOPE OF SERVICES, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS. b. Exhibit "B" entitled "SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS. c. Exhibit "C" entitled "COMPENSATION, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS. d. Exhibit "C-2" entitled "SCHEDULE OF RATES, AMENDMENT NO. 1", ADDED. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 3 of 15 Item 2: Staff Report Pg. 9 Packet Pg. 44 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment No. 1 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee TRIPLE HS, INC. dba H.T. HARVEY & ASSOCIATES Officer 1 DocuSigned by: LI aln it l Vc,, pmsid,t,Vt By: FFrnnonF rARasn Daniel Duke, President Name: Title: President Officer 2 DocuSigned by: By: EF9C786579D5F47D Karin Hunsicker CEO Title: Attachments: Exhibit "A" entitled "EXHIBIT A, SCOPE OF SERVICES, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS. Exhibit "B" entitled "SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS. Exhibit "C" entitled "COMPENSATION, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS. Exhibit "C-2" entitled "SCHEDULE OF RATES, AMENDMENT NO. 1", ADDED. Vers.: Aug. 5, 2019 Page 4 of 15 Item 2: Staff Report Pg. 10 Packet Pg. 45 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 *:Cll jlt>rd SCOPE OF SERVICES, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment No. 1 CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". Notwithstanding any provision herein to the contrary, CONSULTANT's duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. CONSULTANT shall provide permitting coordination and prepare applications for a Clean Water Act Section 404 Permit from U.S. Army Corps of Engineers (USACE), a Clean Water Act Section 401 Water Quality Certification from the San Francisco Bay Regional Water Quality Control Board (RWQCB), and a permit from the San Francisco Bay Conservation and Development Commission (BCDC), as well as prepare a Biological Assessment addressing the potential impacts to the local species, regulated by the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). The following tasks 1 through 6 were part of the original scope of services in Contract No. S24189099: Task 1. Prepare USACE Section 404 Nationwide Permit Application Package Based upon the project description, this task assumes that the proposed work qualifies for a USACE Nationwide Permit. The CONSULTANT shall assemble a Nationwide Permit application package (USACE Package) that includes Engineering Form 4345, a project description, summary of previous environmental studies, and an assessment of impacts and discussion of suitable mitigation measures. The CONSULTANT shall submit a first -review administrative draft USACE Package to the project team for review and comment. After incorporation of any minor changes that may be necessary, the USACE Package shall be submitted to the USACE. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the USACE during processing of the USACE Package. Task 2. Prepare RWQCB Section 401 Certification Application Package The CONSULTANT shall prepare a water quality certification application to submit to the RWQCB (RWQCB Package). The complete RWQCB Package includes much of the same information that is submitted to the USACE Package, as described above, but shall also include Form R2C502-E and several additional materials. In addition, the RWQCB requires an analysis of potential alternatives to the proposed action, so the CONSULTANT shall prepare a brief summary of such alternatives. The submittal shall include all copies of California Environmental Quality Act (CEQA) documents (or confirmation that this activity is categorically exempt from CEQA in either case to be provided by the CITY), all correspondence with USACE and RWQCB staff, an impact assessment, a proposed post -impact site monitoring plan, and project drawings. In addition, the RWQCB requires a processing fee for handling the application, to be paid by the CITY. Vers.: Aug. 5, 2019 Page 5 of 15 Item 2: Staff Report Pg. 11 Packet Pg. 46 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment As required by Section 404/401 permitting policies, the CONSULTANT shall coord No.1 pre - application meeting with the RWQCB to discuss the project prior to submitting the application; CONSULTANT assumes that the USACE will also attend this meeting. The CONSULTANT shall submit a first -review administrative draft RWQCB Package to the project team for review and comment. After incorporation of any minor changes that may be necessary, the RWQCB Package shall be submitted to the RWQCB. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the RWQCB during processing of the RWQCB Package. Task 3. Prepare BCDC Permit Application Package The CONSULTANT shall prepare a permit application for submittal to BCDC (BCDC Package). Based on coordination with BCDC, BCDC will likely amend the permit for the prior boardwalk replacement project. The BCDC Package shall include an application, the project description, a description of impacts/fill acreage, and avoidance and minimization measures. The CONSULTANT shall submit a first -review, administrative draft BCDC Package to the project team. After incorporation of any minor changes that may be necessary, the BCDC Package shall be submitted to the BCDC. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the BCDC during processing of the BCDC Package. Task 4. Prepare Biological Assessment The CONSULTANT shall prepare a Biological Assessment (BA) to facilitate Federal Endangered Species Act Section 7 consultation between the USACE and the USFWS/N MFS. A single BA covering potential impacts on species regulated by both the USFWS and NMFS will be compiled, drawing heavilyfrom the BA prepared for the original boardwalk replacement project. No field and land survey work will be involved. The CONSULTANT shall submit a first -review, administrative draft BA to the project team. After incorporation of any minor changes that may be necessary, the BA shall be submitted to the USACE along with the 404 application. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the USFWS and NMFS during the Section 7 consultation. It is assumed that the USFWS will need to issue a Biological Opinion providing incidental take authorization, whereas NMFS will likely issue a letter of concurrence stating that no take of NMFS-regulated species will occur. Task 5. Prepare Wetland Impact Monitoring Plan The CONSULTANT shall prepare a brief plan describing the monitoring that will occur to ensure that temporary impacts on wetlands resulting from the repair project self -restore. The monitoring plan will describe monitoring methods and success criteria, as well as reporting that will occur. This plan shall be provided to the resource agencies along with permit applications. Task 6. Design Engineer Coordination This task includes four (4) hours for the CONSULTANT to collaborate with the design engineer on the approach to working in tidal marsh and repairing tidal marsh impacts, including reviewing the portions of the sixty-five percent (65%) and one hundred percent (100%) design plans that describe actions to restore and avoid tidal marsh impacts. Limitations/Assumptions: • Due to budget constraints, the permitting scope of work only includes preparing basic permit application materials. Except as explicitly indicated in the scope of work, CONSULTANT shall not participate in meetings or coordination with the CITY and permitting agencies, or respond to agency questions, information Vers.: Aug. 5, 2019 Page 6 of 15 Item 2: Staff Report Pg. 12 Packet Pg. 47 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment requests, and incomplete letters beyond the budget proposed herein. Please not No.1 ften send "application incomplete" letters as the vehicle for requesting additional project information; for example, it is CONSULTANT's experience that BCDC virtually always sends such letters to request more information. Thus, the issuance of such letters is not indicative of submittal of an incomplete application package based on the design information provided for use in the applications. If CONSULTANT exhausts the proposed budget and the CITY desires additional assistance, CONSULTANT shall provide such assistance after receiving additional budget authorization. CONSULTANT cannot guarantee that these agencies' permits and approvals will be issued without additional budget authorization, or unless the CITY provides any additional agency -requested materials itself. Nevertheless, this scope and budget are adequate to prepare applications for agency submittal. • No focused surveys for any species are included in the proposed scope of work (or will be necessary for the project's permitting). • The wetland delineation performed for the original boardwalk replacement project will be adequate for the purpose of permitting these repairs, and no additional delineation of wetlands or other waters will be necessary. • No CEQA evaluation is included as part of this scope of work. • If resource agencies require compensatory mitigation for permanent impacts, the CITY may be able to provide this mitigation via purchase of credits in the San Francisco Bay Wetland Mitigation Bank. Alternatively, mitigation for permanent impacts could be provided through the design of a new, small scale wetland restoration project at Palo Alto Baylands. The current scope does not include designing compensatory mitigation. • This scope does not include time to assist the CITY with permit condition compliance, such as agency work start notifications, updating the project in EcoAtlas for the RWQCB, final plan submittals, required construction monitoring or surveys, etc. • Additional ecological consulting services are likely to be needed during project construction. For example, the CITY will likely need to provide a biological monitoring to avoid impacts to special status wildlife species during project activities and periodic guidance and oversite of the CITY's selected contractor to ensure that temporary impacts to marsh habitats are minimized. In addition, the CITY will likely be required by project permits to perform a minimum of one (1) year of habitat monitoring of temporary impacts and prepare a Year 1 report documenting both the as -built and Year -1 habitat condition. Coordination regarding these tasks is not included in CONSULTANT's scope of work. The following tasks 7 through 9 have been added to the scope of services in Contract No. 524189099 with this Amendment #1: Task 7. WEAP and Wildlife Construction Monitoring Per Biological Opinion (BO) Conservation Measure 7 and CWA Section 401 Certification and Order Condition 6, prior to project commencement, a Worker Environmental Awareness Training (WEAP) shall be provided by a U.S. Fish and Wildlife Service (Service) approved biologist to educate all construction personnel of the area's environmental concerns and conditions. These personnel shall be informed of the presence of listed species (e.g., salt marsh harvest mice, Reithrodontomys raviventris, and California Ridgway's rails, Rallus obsoletus obsoletus) and habitat associated with the species and that unlawful take of the animal or destruction of its habitat is a violation of the Federal Endangered Species Act and California Endangered Species Act. Prior to construction activities, a qualified biologist shall instruct all construction personnel about: (1) the description and status of the Vers.: Aug. 5, 2019 Page 7 of 15 Item 2: Staff Report Pg. 13 Packet Pg. 48 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 species; (2) the importance of their associated habitats Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment and (3) a list of me .- 1 to reduce impacts on these species during project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the construction crew and anyone else who enters the project site. Per BO Conservation Measure 9, a Service -approved biologist shall be present during on -the -ground work activities within the marsh to look for individuals that may be impacted by construction. For example, when construction personnel need to temporarily stand in the marsh on either side of each bent, the Service -approved biologist shall first inspect the marsh to determine whether any California Ridgway's rails or salt marsh harvest mice are present. If any animals are present, they will be allowed to leave on their own, or the location of the in -marsh work will be adjusted slightly to ensure that no impacts to individual California Ridgway's rails or salt marsh harvest mice occur. If a nest of any mouse species is detected by the Service -approved biologist or repair personnel, all work that could affect the nest shall immediately stop. The Service -approved biologist shall immediately attempt to determine whether pups are present (without excessive physical disturbance of the nest itself) and shall then return the nest and vegetation around and over the nest to its pre -disturbance, natural condition, ensuring that the nest is concealed by vegetation. If no pups are present, the monitor shall establish a 10 -foot buffer around the nest if feasible. The location and perimeter of that buffer shall be flagged and communicated to all repair personnel, and during all on -the -groundwork in the vicinity of that buffer, the Service -approved biologist shall ensure that no personnel access or other project activities. If a 10 -foot buffer between on -the - ground repair activities and the nest is infeasible, the monitor shall contact the service to identify appropriate means of minimizing impacts to the nest while repair work occurs. If pups are present in the nest, the monitor shall establish a 20 -foot buffer around the nest. The location and perimeter of that buffer shall be flagged and communicated to all repair personnel, and during all on -the - groundwork in the vicinity of that buffer, the Service -approved biologist shall ensure that no personnel access or other project activities. The 20 -foot buffer shall be maintained for at least 30 days to allow the pups to mature to independence and disperse; this 30 -day period can be reduced with Service approval if the pups were large and well -developed when the nest was initially detected. The Service -approved biologist shall monitorthe placement ofthe mat and all activities conducted by personnel on the mat. The Service -approved biologist shall have stop -work authority if an individual that could be a California Ridgway's rail, salt marsh harvest mouse, or other listed species is detected in an area where it may be injured or killed by construction activities. Per BO Conservation Measure 10, the Service -approved biologist shall monitor the vegetation removal and make specific recommendations with respect to the rate of vegetation removal (to ensure that any mice or rails present are able to escape to cover that will not be impacted) as appropriate. Task 7Assumptions For the purpose of estimating an appropriate budget for this task, it is assumed that up to 39 days Vers.: Aug. 5, 2019 Page 8 of 15 Item 2: Staff Report Pg. 14 Packet Pg. 49 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment (390 hours) for worker environmental awareness training and construction "o. 1 be needed for the project to repair all 157 piles at a rate of 4 piles per day. This task also includes a total of 32 hours for project management support, which may be needed particularly if listed species are detected. Task 8. Habitat Construction Monitoring and Reporting The project's Regional Water Quality Control Board (RWQCB) permit and BO, and the 2023 Restoration Monitoring Plan (RMP) prepared by H. T. Harvey, describe the required habitat monitoring to be performed. To meet these requirements, H. T. Harvey's restoration ecologists shall perform the following subtasks. Task 8.1. Pre -Construction Habitat Monitoring and Construction Kick-off Meeting (2024) Prior to any project impacts and between September 1 and October 15, 2024, two restoration ecologists should measure vegetation cover in the Marsh Restoration Monitoring Area (MRMA) using the quadrat method. The number of samples should be determined by the point at which additional samples do not substantially change the average native wetland vegetation cover. Initially, 17 samples would be collected from the MRMA, constituting approximately 1% of the surface area. Samples should be located using a stratified random method to distribute samples representatively across the MRMA. During the site visit, photo documentation points of the MRMA shall be established using a geographic information system and photos shall be taken priorto commencement of repair work. A minimum of 10 photo documentation points shall be established. A figure with photo documentation points should be generated to use during future monitoring events and in reports. An associate restoration ecologist should review the project permits and then attend the remote construction kickoff meeting with the City of Palo Alto and the selected construction contractor to review construction methods relative to the project permit requirements. Task 8.2. Habitat Monitoring During Construction (September 2024 through January 2025) As required by BO conservation measure 5, a restoration ecologist shall monitor the construction elevation of temporary impact areas where marsh sod has been replaced. To do this, a restoration ecologist shall be present at the start of the initial sod removal to help the contractor understand the ecological aspects of the sod replacement method and, based on H. T. Harvey's experience using sod revegetation techniques in marshes, provide guidance on how sod should be handled to facilitate rapid recovery of temporary impact areas. It is assumed this first site visit will be a full workday attended by an associate ecologist who will provide real-time input to the contractor and the City on the construction methods relative to project permits. Following construction, a restoration ecologist shall provide a site visit to qualitatively document the elevation of the replaced sod and collect post -construction photo documentation (2 site visits total). Vers.: Aug. 5, 2019 Page 9 of 15 Item 2: Staff Report Pg. 15 Packet Pg. 50 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment Task 8.3. As -Built Report (2025) No. 1 After the first year of construction is complete, H. T. Harvey restoration ecologists shall prepare a concise 2-3 page biological as -built report (not including appendices). The report shall be submitted to the City within 30 days of project completion and, if requested by the City, H. T. Harvey shall submit the as -built report to RWQCB (due 60 days after project completion). It is assumed that the final site visit in Task 8.2 will be used to document the extent of the actual area of disturbance. The report should include: • A qualitative description of the actual area of disturbance • 100% construction plans marked with contractor's field notes • Written explanation for any deviations between the permitted and as -built condition • Figure with photo documentation points clearly marked •Pre- and post -construction photo documentation Task 8.4. Year 1 Monitoring Report (2025) In the first fall following the first year of construction, H. T. Harvey restoration ecologists shall carry out the monitoring required in the RMP and permits. Quadrat sampling shall be conducted in the restoration area as described in Task 8.1. Photo documentation should be collected from the fixed photo documentation points. Results should be compiled and summarized for comparison to the final success criteria. H. T. Harvey shall prepare a concise year one annual monitoring report for submittal to the permitting agencies. One draft and one final report are assumed. It is assumed that the project will meet its final success criteria at the end of year one and therefore only one year of monitoring will be necessary and impacts to regulated will not be more extensive or complex than described in the project's RMP. Task 8 Deliverables • Draft and final as -built report • Draft and final annual monitoring report Task 8 Assumptions • Project work will be complete after 1 construction season (September 1, 2024 -January 31, 2025). • There will be no significant deviations in the permitted construction plan that would necessitate additional data collection not covered in this scope. 100% construction plans with any deviation marked on plans will be provided by the City. 3 hours of general project management time per year is assumed to coordinate field work and checkin with the City as needed up to the limit of the budget. • Site visits per the task descriptions above. Task 9. Additional Monitoring In the event that monitoring exceeds the Task 7 budget due to biological and/or logistical constraints, this task will be available to cover additional monitoring needs. For the purpose of estimating an appropriate budget for this task, we have assumed that an additional 8 days (80 Vers.: Aug. 5, 2019 Page 10 of 15 Item 2: Staff Report Pg. 16 Packet Pg. 51 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment hours) of monitoring might be needed. This task also includes a total o "° 1 ject management support. Vers.: Aug. 5, 2019 Page 11 of 15 Item 2: Staff Report Pg. 17 Packet Pg. 52 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226O692931 EXHIBIT B SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment No. 1 CONSULTANT shall perform the Services so as to complete each milestone within the timeline specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed ("NTP") from the CITY. Milestones Completion Number of Weeks (as specified below) from NTP Contract No. 524189099 Original Scope of Services Tasks 1 through 9: 1. Prepare USACE Permit Application 2. Prepare RWQCB Permit Application 3. Prepare BCDC Permit Application 4. Prepare Biological Assessment 5. Prepare Wetland Impact Monitoring Plan 6. Design Engineer Coordination : Amendment #1 adds tasks 7 124 Weeks 124 Weeks 124 Weeks 124 Weeks 124 Weeks 124 Weeks 7. Worker Environmental Awareness and Construction Monitoring 104 weeks 8. Habitat Construction Monitoring and Reporting 104 weeks 9. Additional construction monitoring 104 weeks jOptional Schedule of Performance Provision for On -Call or Additional Services Agreements. (This provision only applies if checked and only applies to on -call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1(Scope of Services) in the case of on -call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Vers.: Aug. 5, 2019 Page 12 of 15 Item 2: Staff Report Pg. 18 Packet Pg. 53 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 EXHIBIT C COMPENSATION, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment No. 1 CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the schedule of rates attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation forAdditional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Contract No. S24189099 Original Scope of Services Tasks 1 through 6; Amendment #1 adds tasks 7 through 9: 1. Prepare USACE Permit Application $10,482.00 2. Prepare RWQCB Permit Application $10,152.00 3. Prepare BCDC Permit Application $12,811.00 4. Prepare Biological Assessment $6,286.00 5. Prepare Wetland Impact Monitoring Plan $4,214.00 6. Design Engineer Coordination $996.00 7. Worker Environmental Awareness and Construction $78,145.00 Monitoring 8. Habitat Construction Monitoring and Reporting $24,197.00 9. Additional construction monitoring $15,780.00 Vers.: Aug. 5, 2019 Page 13 of 15 Item 2: Staff Report Pg. 19 Packet Pg. 54 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment No. 1 Sub -total for Services Reimbursable Expenses (if any) Total for Services and Reimbursable Expenses Additional Services (if any, per Section 4) Maximum Total Compensation REIMBURSABLE EXPENSES $163,063.00 $1,634.00 $164,697.00 $16,469.60 $181,166.60 CONSULTANT'S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses for which CONSULTANT will be reimbursed are: travel and printing up to the not -to -exceed amount of: $1,634. Vers.: Aug. 5, 2019 Page 14 of 15 Item 2: Staff Report Pg. 20 Packet Pg. 55 of 692 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Item 2 Attachment A - S24189099 H.T. Harvey Associates - Amendment EXHIBIT C-2 No. 1 SCHEDULE OF RATES, AMENDMENT NO. 1 (ADDED) Professional Fees Pus F frchr v faarrar} T, 2024 Personnel Classification Hourly Billing Rare Principal *S 315-365 Seruor Associate Ecologist $ 290 Associate Ecologist $ 265 Senior Ecologist 2 $ 240 Senior Ecologist 1 $ 215 Ecologist 2 $ 190 Ecologist 1 $ 166 Field Biologist 2 $ 143 Field Biologist 1 $ 120 Senior GIS Analyst $ 175 G -IS Analyst $ 150 Technical Editor $ 143 Technical Support $ 115 Clerical Support $ 95 Deposition and Testimonv Two times standard late Suhcontiactual Consultants Cost phis 10% Direct Expenses Cost plus 10% Tsansportatton Current IRS Federal Standard Mileage Rate mile .r dfJair.' ?024) Travel (Cost plus 10%) — S319/day (sarrd au frdrrul r dk ran) Field Equipment Operation Variable GIS Computer Graphics $10/hr surcharge Pailliti rates will re+„ iin nncban ged is 2024 brit are s,}hiect to anaual increases thereafter aid war be ad:nsted at the beg t=iirxg of each calet_dar rear. Vers.: Aug. 5, 2019 Page 15 of 15 Item 2: Staff Report Pg. 21 Packet Pg. 56 of 692 Item 2 Attachment B - Bid Summary Attachment B: Bid Summary Project: PE - 24000 Baylands Boardwalk Repair Project IFB No.: 190876 IFB Issue Date: April 3, 2024 Bid Opening Date: May 1, 2024 Approx. Engineer's Estimate Valentine Corporation Bid Item Unit Description Quantity Unit Price Total Item Price Unit Price Total Item Price Base Bid - Repair Priority 1, 2 & 3 Only $ 40,000 $ 40,000 $ 28,079 $ 28,079 1 1 Lump Sum Mobilization and Demobilization $ 15,000 $ 15,000 $ 50,000 $ 50,000 2 1 Lump Sum Temporary Construction and Controls $ 5,000 $ 5,000 $ 17,000 $ 17,000 3 1 Lump Sum Water Quality and Spill Prevention $ 20 $ 21,600 $ 23 $ 24,840 4 1,080 Linear Feet Remove and Reset 2x6 Bracing (Trans) $ 20 $ 21,600 $ 17 $ 18,360 5 1,080 Linear Feet Remove and Reset 2x6 Bracing (Long) Furnish and install Miscellaneous Metal, $ 25 $ 2,625 $ 83 $ 8,715 6 105 Pound Galvanized Furnish and Install Fiber -Reinforced Polymer $ 2,600 $ 351,000 $ 3,260 $ 440,100 7 135 Each System Post/Pile Encasement Total Base Bid (Items 01 to 07) $ 456,825 $ 587,094 Bid Alternate - Repair Priority 4 $ 20 $ 3,700 $ 24 $ 4,440 Alt 01 185 Linear Feet Remove and Reset 2x6 Bracing (Trans) $ 20 $ 3,100 $ 17 $ 2,635 Alt 02 155 Linear Feet Remove and Reset 2x6 Bracing (Long) Furnish and install Miscellaneous Metal, $ 25 $ 375 $ 84 $ 1,260 Alt 03 15 Pound Galvanized Furnish and Install Fiber -Reinforced Polymer $ 2,600 $ 57,200 $ 3,270 $ 71,940 Alt 04 22 Each System Post/Pile Encasement Total Bid Alternate (Alt 01 through 04) $ 64,375 $ 80,275 Total (Base + Bid Alternate) $ 521,200 $ 667,369 28% Total base plus bid alternates of the only bidder is 28% above the engineer's estimate. Item 2: Staff Report Pg. 22 Packet Pg. 57 of 692 Item 3 Item 3 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: June 18, 2024 Report #:2403-2749 TITLE Approval of Amendment No. 3 to Contract Number C21180324 with Canopy in the Amount of $376,550 and to Extend Contract Term for One Year for Continued Implementation of Urban Forest Master Plan Programs, and Approval of a Budget Amendment in the General Fund; CEQA Status - Exempt Under CEQA Guidelines Section 15308 RECOMMENDATION Staff recommends that the City Council: 1. Approve and authorize the City Manager or their designee to execute Amendment No. 3 to Contract Number C21180324 with Canopy, to add to the scope of services for the provision of services to support the implementation of Urban Forest Master Plan programs, extend the contract term for one year through June 30, 2025, and increase the not -to -exceed amount of the contract by $376,550, for a new total not -to -exceed amount of $1,344,270, and 2. Amend the Fiscal Year 2025 Budget Appropriation for the General Fund (2/3 vote needed) by: a. Increasing the Public Works Department Public Services Division Operating Budget by $148,750; and b. Increasing the Public Works Department Revenue by $148,750 (use of funds in the Tree Preservation Deposits Account). BACKGROUND Canopy was created in 1996 to support Palo Alto's Urban Forestry Section and engage residents through its tree and tree care education activities. Since becoming an independent 501(c)(3) non-profit corporation in 2002, Canopy has greatly expanded its programs of tree planning and planting, stewardship, hands-on learning, and environmental education. Since the early 2000s, Item 3: Staff Report Pg. 1 Packet Pg. 58 of 692 Item 3 Item 3 Staff Report the City has contracted with Canopy, with a primary focus on assisting the City with projects and outreach to support and expand a healthy and sustainable urban forest. In 2020, City Council approved a one-year, sole source contract with Canopy1 to support Palo Alto's urban forestry programs by serving as a comprehensive information source on trees, educating and motivating Palo Alto residents to plant, care for, and celebrate trees, and assisting the City with special projects associated with the Urban Forest Master Plan (UFMP). In 2021, the contract's term expiration was extended via Amendment No. 1 to June 7, 2022. In 2022, City Council approved Amendment No. 22, extending the contract term to June 30, 2024, as well as adding additional projects to the scope of services. At the end of the Amendment No. 2 term, staff had anticipated conducting a solicitation to obtain proposals for the next contract for these services. However, new data has become available in recent months related to the Urban Forest in Palo Alto that requires further analysis and possible updates to the long-term planning for the City's Urban Forestry program. Specifically, the City obtained updated urban tree canopy coverage numbers for 2020 and 2022. An initial review of the data shows a decrease in canopy coverage in every Palo Alto neighborhood between 2020 and 2022. Analysis of this data will inform the types of programs and services that will need to be included in the scope of services for the next contract. Santa Clara County, and potentially the entire Bay Area, will also be facing another major threat to the region's urban forests. The invasive tree borer beetle known as the Invasive Shothole Borer (ISHB) has been confirmed in several locations in San Jose. Staff are participating in regional meetings and coordinated response planning sessions regarding ISHB. Staff have also begun preparations to deal with ISHB when it arrives in the city limits, but until the extent of the current infestation is known it is impossible to determine the specific measures that may be needed. Staff believes that the extent of the infestation will be known when the time comes to prepare the scope of work for the RFP that will replace this contract after the Amendment 3 term expires. ANALYSIS Canopy is well -established with the residents of Palo Alto and has the expertise, experience, professional stature, and key personnel to provide these services. Canopy is highly qualified as a non-profit organization to connect projects and programs with cooperating agencies and organizations to leverage funding and increase the effectiveness of projects and outreach. 1 City Council, December 7, 2020; Agenda Item #5; SR#10882, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- c m rs/year-archive/2020-2/i d-10882. pd f 2 City Council, June 21, 2022; Agenda Item #1; SR#14389 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81918 Item 3: Staff Report Pg. 2 Packet Pg. 59 of 692 Item 3 Item 3 Staff Report While there are other Bay Area environmental nonprofit groups, staff is not aware of any that have Canopy's combination of deep arboricultural background, robust educational framework, and strong local volunteer base. For these reasons, staff believes there is no adequate substitute or equivalent provider for the services currently required. An exemption to competitive solicitation pursuant to Palo Alto Municipal Code section 2.30.360(d) was approved by the City Manager. Staff proposes to use the Request for Proposal (REP) process for a new Urban Forestry Education, Outreach and Urban Forest Master Plan Program Implementation contract to begin in Fiscal Year 2026 after the term of this proposed amendment expires. Fiscal Year 2025 marks the tenth year of the UFMP implementation. Additional project scope and funding are included in this amendment for continued work on the South Palo Alto Tree Initiative. Important new UFMP projects in this amendment include an expanded digital tree health survey for the South Palo Alto Tree Initiative (UFMP programs 5.B.i, 6.D.ii), the creation of a guidance document for Solar Panels and Trees (UFMP programs 3.A.iv, 3.A.v), and the addition of five Community Pruning Workshops (UFMP programs 4.A.iv, 4.A.x). The last new item in this amendment is the creation of educational materials for Planting Oaks and Native Trees, Oak Tree Care, and Invasive Species (UFMP programs 6.J.viii, 2.A.vii, 2.A.v). • Digital Palo Alto Tree Health Survey — Urban Forest Master Plan 6.D.i., 6.D.ii. Canopy will develop and conduct a south Palo Alto residential tree health survey to better and more quickly respond to tree care needs in Palo Alto. Since the resulting survey data from the pilot program proved useful to staff and Canopy in prioritizing tree care efforts, the survey will be implemented citywide for the next two years, reaching more residents and targeting tree care more effectively. • Guidance Documents for Solar Panels and Trees: Urban Forest Master Plan 3.A.iv, 3.A.v Canopy will create and distribute an informational guide on how to select appropriate tree species when planning to install solar panels. The guide will be provided at tabling and outreach events, as well as be available on Canopy's website as a resource for residents. • Educational Materials for Planting Oaks and Native Trees: Urban Forest Master Plan 6.J.viii Canopy will develop educational materials about planting oaks and other native tree species for distribution to residents who are interested in planting trees and/or are selecting trees to plant in Palo Alto. Materials will include any information on incentives that the City offers for homeowners about planting oaks or other native species. Canopy will distribute these materials to residents, vendors, and tree nurseries, and update Canopy's website with the latest information. • Educational Materials for Oak Tree Care: Urban Forest Master Plan 2.A.vii Canopy will develop educational materials on how to care for oaks for distribution to residents who have planted or are interested in planting oak trees in Palo Alto. Canopy Item 3: Staff Report Pg. 3 Packet Pg. 60 of 692 Item 3 Item 3 Staff Report will distribute these materials to residents, new homeowners and tree care companies, and update Canopy's website with the latest information. • Educational Materials for Invasive Species: Urban Forest Master Plan 2.A.v Canopy will develop educational materials on removing invasive tree species for distribution to residents. Materials will include any information on incentives for homeowners that the City of Palo Alto offers for removing invasive tree species. Canopy will distribute these materials to residents and update Canopy's website with the latest information. • Community Pruning Workshops: Urban Forest Master Plan 4.A.iv, 4.A.x Canopy will plan and conduct five pruning workshops for community members to provide guidance and hands-on instruction on proper young tree maintenance. Canopy will consult with the City to determine the time and location of each workshop. Canopy will also provide all necessary equipment and train and coordinate with all volunteers for each event. FISCAL/RESOURCE IMPACT The one-year amendment increases the cost of the contract by $376,550, revising the not -to - exceed total contract amount to $1,344,270. The amendment is scheduled to commence at the start of Fiscal Year 2025, on July 1, 2024 and end on June 30, 2025. The table below shows the breakdown of the Canopy program components and the fee schedule for Amendment #3: Item # Item Description Previous Contract (12/2020 to 06/2024) Amendment #3 (07/2024 to 06/2025) New Contract Total 1 Basic Services $339,420 $103,800 $443,220 2 S.P.A. Tree Planting $357,300 $148,750 $506,050 3 Great Oak Count $117,000 N/A $117,000 4 P&R Species List $40,000 N/A $40,000 5 Outreach $80,000 N/A $80,000 6 Digital Tree Survey $34,000 $34,000 $68,000 7 Oak Tree Planting Edu. N/A $15,000 $15,000 8 Oak Tree Care Edu. N/A $15,000 $15,000 9 Invasive Species N/A $15,000 $15,000 10 Solar Panels & Trees N/A $15,000 $15,000 11 Pruning Workshops N/A $30,000 $30,000 Totals: $967,720 $376,550 $1,344,270 The following details how each amendment item will be funded: Item 3: Staff Report Pg. 4 Packet Pg. 61 of 692 Item 3 Item 3 Staff Report Funding for Item 1 is available in the Public Works, Community Services, and Utilities Departments' Fiscal Year 2025 Adopted Budgets. Item 2 will require a budget amendment to increase the FY 2025 appropriation for the Public Works Department Public Services Division by $148,750, and will be fully offset by revenue recognized from the non-refundable Forestry Fund Deposits account (elsewhere called Tree Preservation account). Funding for this account comes from in -lieu payments from development projects in the City that cannot plant all the required trees on site. The funds are to be used for tree planting projects throughout the City. The fund balance as of April 30, 2024 is $207,650. Items 6 — 11, with a combined cost of $124,000, will be funded through the UFMP Technology and Tree Planting Rebate Programs that are included in the Fiscal Year 2025 Adopted Budget for the Public Works Department. STAKEHOLDER ENGAGEMENT Stakeholder engagement is an ongoing component of this contract. Many programs included in this contract (South Palo Alto Tree Planting, Great Oak Count, general Urban Forestry Education and Outreach) have an outreach/engagement component included as part of the implementation process. This allows Canopy and the City to inform stakeholders of projects and programs, incorporate stakeholder feedback into implementation plans, and engage stakeholders directly as volunteers and participants in growing and maintaining the City's Urban Forest. ENVIRONMENTAL REVIEW The recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h) (maintenance of existing landscape). ATTACHMENTS Attachment A: Amendment No. 3 to Contract No. C21180324 with Canopy APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Item 3: Staff Report Pg. 5 Packet Pg. 62 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 AMENDMENT NO. 3 TO CONTRACT NO. C21180324 with Canopy BETWEEN THE CITY OF PALO ALTO AND CANOPY FOR PROFESSIONAL SERVICES This Amendment No. 3 (this "Amendment") to Contract No. C21180324 (the "Contract" as defined below) is entered into as of May 13, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and CANOPY, a California corporation, located at 3921 East Bayshore Road, Palo Alto, CA 94303 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RECITALS A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of helping support Palo Alto's urban forestry programs by implementing programs of the Urban Forest Master Plan, improving canopy equity between north and south Palo Alto, and educating the public about trees in connection with the Project (the "Services"), as detailed therein. B. The Parties entered into Amendment No. 1 to extend the contract term by six (6) additional months, through June 6, 2022, with no additional cost to the CITY. C. The Parties entered into Amendment No. 2 to extend the contract term through June 30, 2024, add to the scope of services, and increase not -to -exceed compensation by Seven Hundred Forty -Two Thousand Two Hundred Ten Dollars ($742,210), from Two Hundred Twenty - Five Thousand Five Hundred Ten Dollars ($225,510) to a new total not -to -exceed compensation of Nine Hundred Sixty -Seven Thousand Seven Hundred Twenty Dollars ($967,720), as detailed therein. D. The Parties now wish to amend the Contract in order to extend the contract term through June 30, 2025, add to the scope of services, and increase not -to -exceed compensation by Three Hundred Seventy -Six Thousand Five Hundred Fifty Dollars ($376,550), from Nine Hundred Sixty -Seven Thousand Seven Hundred Twenty Dollars ($967,720) to a new total not -to - exceed compensation of One Million Three Hundred Forty -Four Thousand Two Hundred Seventy Dollars ($1,344,270), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C21180324 between CONSULTANT and CITY, dated December 7, 2020, as amended by: Vers.: Aug. 5, 2019 Page 1 of 19 Item 3: Staff Report Pg. 6 Packet Pg. 63 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 Amendment No. 1, dated December 6, 2021 with Canopy Amendment No. 2, dated June 21, 2022 b. OtherTerms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2, "TERM," of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2025 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4, "NOT TO EXCEED COMPENSATION," of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A" (also referred to herein as the "Basic Services"), and any specified reimbursable expenses, shall not exceed One Million Three Hundred Forty -Four Thousand Two Hundred Seventy Dollars ($1,344,270), as detailed in Exhibit "C". CONSULTANT agrees to complete all Basic Services, including any specified reimbursable expenses, within this amount. The applicable rate schedule is set out at Exhibit "C-1", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Section 27.4 regarding amendments to this Agreement. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY per Section 27.4. "Additional Services" shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". " SECTION 4. The following exhibits to the Contract are hereby amended or added, as indicated below, to read as set forth in the attachments to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit "A" entitled "SCOPE OF SERVICES, AMENDMENT NO. 3", AMENDED, REPLACES PREVIOUS. b. Exhibit "B" entitled "SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3", AMENDED, 1:311»_Toa-429:W1[I1UL1 c. Exhibit "C" entitled "COMPENSATION, AMENDMENT NO. 3", AMENDED, REPLACES PREVIOUS. Vers.: Aug. 5, 2019 Page 2 of 19 Item 3: Staff Report Pg. 7 Packet Pg. 64 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 d. Exhibit "C-1" entitled "SCHEDULE OF RATES, AMENDMENT With Canopy ED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 3 of 19 Item 3: Staff Report Pg. 8 Packet Pg. 65 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 SIGNATURES OF THE PARTIES with Canopy IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or Designee CANOPY Officer 1 DocuSigned by: By: FFFnnF�r.l_a1437 Holly L Pearson Name: Title: Co-chair, Board of Directors Officer 2 DocuSigned by: L- P k"41 ui4ivac, V irttf6r By: E0SEBAE965A14B5 Jean Paul Renaud, Executive Director Name: Executive Director Title: Attachments: Exhibit "A" entitled "SCOPE OF SERVICES, AMENDMENT NO. 3" (AMENDED, REPLACES PREVIOUS) Exhibit "B" entitled "SCHEDULE OF PERFORMANCE, AMENDMENT NO.3" (AMENDED, REPLACES PREVIOUS) Exhibit "C" entitled "COMPENSATION, AMENDMENT NO. 3" (AMENDED, REPLACES PREVIOUS) Exhibit "C-1" entitled "SCHEDULE OF RATES, AMENDMENT NO. 3" (AMENDED, REPLACES PREVIOUS) Vers.: Aug. 5, 2019 Page 4 of 19 Item 3: Staff Report Pg. 9 Packet Pg. 66 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B EXHIBIT "A" SCOPE OF SERVICES, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS) Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 with Canopy CONSULTANT will provide the Services detailed in this Exhibit A (Scope of Services) in accordance with the provisions of this Agreement. 1.1 The responsibilities of the CITY will include the following: CITY Arborists, Urban Forestry and Community Services Department staff will coordinate and cooperate with CONSULTANT to facilitate special events such as the annual Mayor's tree planting, Arbor Day event(s) public right-of-way plantings, Young Tree Care Survey, Right Tree Right Place program and CITY -wide educational events. CITY staff will be responsible for locating and preparing planting sites for these events. 1.2 CONSULTANT's Responsibilities. CONSULTANT shall perform the following Services, as further detailed in the Action Plans below: A. Serve as a comprehensive information source about Palo Alto's trees. B. Educate and motivate Palo Alto residents to plant, steward, and celebrate trees. C. Maintain an organization with a credible, professional identity and high public visibility in support of the Palo Alto urban forest. D. Assist the City of Palo Alto in its planning and performance of routine urban forestry programs on an ongoing basis and special projects associated with the Urban Forest Master Plan (UFMP), specified herein. E. Advocate for Palo Alto's urban forest, within certain limitations as detailed below at "Goal E." F. Conduct an assessment of recently planted street trees and assist with a locally - sourced carbon credit project. G. Administer Palo Alto Utility Department's Right Tree in the Right Place Program (RTRP). Action Plans CONSULTANT shall Derform the Services as follows: Goal A: Serve as a comprehensive information source about Palo Alto's trees. 1. Provide, and perform timely updates to, comprehensive information on Palo Alto's trees on the CONSULTANT's website www.canopV.org. Report quarterly on the number of visits to the website, total number of page views, and traffic numbers by page title. Provide the percentage of traffic generated through key word searches. Vers.: Aug. 5, 2019 Page 5 of 19 Item 3: Staff Report Pg. 10 Packet Pg. 67 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 2. Operate and publicize CONSULTANT's information and referral With Canopy ere people can phone in or email to ask specific questions about trees. Report quarterly on the number of calls fielded by CONSULTANT's staff. 3. Maintain an online, searchable arborist list of ISA Certified Arborists for distribution to the community 4. Maintain and enhance the CONSULTANT's online Tree Library. 5. Develop the "Preferred and Restricted Species List" (Program 1.A.ii of the UFMP). 6. Develop site specific species selection protocols to complement the "Preferred and Restricted Species List" such as including a list of tree species acceptable for use in areas where recycled water is or may be used for irrigation (Program 1.A.iii, and 2.C.iii of the UFMP). Goal B: Educate and motivate Palo Alto residents to plant, care for, and celebrate trees. 1. Prepare, plan and schedule at least thirteen educational tree walks over the contract term, including a quarterly 'themed' tree walk in various neighborhoods led by knowledgeable arborists. Update guideline materials for lead arborists and CONSULTANT representatives. Report quarterly on the number of walks conducted, walk locations, and number of attendees. 2. Prepare and schedule at least two public educational programs about trees and/or tree care each year including Arbor Day, Planting Leader Training, Tree Care Training and current relevant topics. 3. Partner with the City of Palo Alto Utilities Department (CPAU) to provide educational materials at area community fairs and events and produce new material on subjects such as tree maintenance, mistakes to avoid, and watering guidelines as needed. 4. Assist the CITY's Public Works, Urban Forestry Section by distributing CONSULTANT's "Young Tree Care" pamphlet to residents and businesses where new trees were planted. 5. Mail the "Save Our Water and Our Trees" reminder postcard at least once during each summer to each resident with a street tree planted in the last five years. Post the "Save Our Water and Our Trees" banner in a prominent area of the CITY. 6. Publish and distribute an annual report to the community. Publish monthly TreEnews electronic newsletters. Report quarterly on the number of issues published and types of social media utilized to host TreEnews. 7. Use community events in the field as opportunities to educate participants in proper tree planting and maintenance techniques. Provide volunteer field services for up to 175 public trees. These services may include coordination of community events for planting new trees and care for young trees. 8. Serve as a liaison to the Palo Alto School District (PAUSD) to increase awareness of the value of the trees on school district land, which could include educational events for students. 9. Organize the annual Mayor's Tree Planting event. Vers.: Aug. 5, 2019 Page 6 of 19 Item 3: Staff Report Pg. 11 Packet Pg. 68 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 10. Comply with all applicable legal and regulatory requirements re With Canopy ith minors, where applicable (including, for example, but not limited to, conducting all required background checks and health screenings). 11. Conduct at least three community plantings per year with trees funded by the CITY. Regularly inspect and report problems or concerns about the trees in a format compatible with Tree Plotter, the CITY's urban forestry crowdsourcing data platform. 12. Assist the CITY in developing open portals for data entry as a way of engaging the community as partners in stewardship and improving data currency and accuracy; UFMP Program 4.G.iii. 13. Report quarterly on programs including but not limited to tree planting, tree care and education. Provide details on activities, volunteer numbers and hours, educational materials, youth and adult education and outreach. Goal C: Maintain an organization with a credible, professional identity and high visibility in support of the Palo Alto urban forest. Leverage CITY funding to CONSULTANT with funding from other sources. 1. Conduct donor and membership recruitment to leverage this Agreement and help ensure a broad base of support for the activities relating to the Palo Alto urban forest. 2. Seek participation and support from the commercial and industrial community. 3. Maintain and implement communications strategies. 4. Seek other financial support (e.g., grants) outside of CITY government to provide increased services to the community and to increase public involvement. 5. Report quarterly on the governance, operations and capacity building to engage new member and increase efficiency. Goal D: Assist the City of Palo Alto in its planning and performance of routine urban forestry programs on an ongoing basis and with special projects associated with the UFMP. 1. UFMP Outreach: Distribute timely updates about UFMP programs and initiatives to the public via CONSULTANT media sites; Programs 3.A.i. and 3.A.iii of the UFMP. 2. South Palo Alto Tree Planting: Implement a strategy to increase the number of trees in south Palo Alto by 1,000 over the term of the contract, including at least three community tree plantings a year. This contract includes funding for the planting of 705 trees; Program 1.D.i. of the UFMP. CONSULTANT's responsibilities will include: a. Conducting at least 3 community tree planting events annually. • Identifying all planting sites • Contacting property owners • Creating species lists • Securing trees at nurseries and coordinating their delivery to Palo Alto • Field verifying planting sites and notifying Underground Service Alert (USA) prior to excavation* • Purchasing trees and associated planting materials (stakes and ties) Vers.: Aug. 5, 2019 Page 7 of 19 Item 3: Staff Report Pg. 12 Packet Pg. 69 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 • Creating and distributing outreach and/or marketing «rtn cTn�p-Nerty owners • Educating property owners about tree planting including species selection, proper planting techniques, post -planting care, and entering the tree information into the crowdsourced software system. • Coordinating the planting of trees • Collecting all refuse materials from planting sites and delivering them to a CITY -designated pickup site • Caring for the newly planted trees through the establishment period b. Administering the CITY's crowdsource software platform, Tree Plotter, to encourage private property owners to enter information about newly planted trees and catalog trees not planted through community tree planting events. The CITY's responsibilities will include: • Compiling south Palo Alto right-of-way planting site information and distributing it to CONSULTANT's Project Coordinator in a timely fashion • Staging and watering nursery trees from nursery delivery until planting day • Delivering 'No Parking' signs and mulch to a pre -designated staging area, and trees to planting sites • Picking up refuse materials (nursery stakes, buckets, extra soil, turf and grass) at a pre -designated site post -planting • Assisting with information about trees planted on private property submitted as part of required landscape plans 3. The Great Oak Count: Urban Forest Master Plan Programs 2.A.i, 2.A.ii, 2.A.vii, 4.A.xi. The primary goal of the Great Oak Count is to update the Oakwell Survey in order to assess changes in Palo Alto's native oak population since 1997, evaluate their health, recommend actions to improve conditions, and evaluate gaps and opportunities. The analysis of the oak population's evolution combined with the historical oak removal permit data, conducted in partnership with the San Francisco Estuary Institute (SFEI), will help understand patterns and evaluate the effectiveness of the Palo Alto native oak tree protection ordinance adopted in 1996 and provide a basis for developing a plan to re -oak Palo Alto. Additional goals include: 1. Engaging Palo Alto residents, property owners, landscaping firms, real estate agents, and other audiences, in the appreciation and care for the precious resource resilient and climate -adapted native oaks represent; 2. Addressing scientific questions about how native trees provide ecological and ecosystem services in urban areas and how native oaks, in particular, can combat climate change through long term carbon sequestration at a relatively low water cost. a. STRATEGY and METHODOLOGY Vers.: Aug. 5, 2019 Page 8 of 19 Item 3: Staff Report Pg. 13 Packet Pg. 70 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 • Engage the public through interactions with c,nopy`. tive Oak Tree Care door hanger, and online educational resources. • Provide fun and valuable experiences to volunteers with the goal of obtaining high -quality data and fostering an understanding and appreciation for native oaks and their care, and inspire participation in re-oa king efforts. • Train "Oak Spotters" and "Tree Plotters" in group events where youth and adults use their skills to contribute to data collection. • Partner with SFEI to perform sophisticated analysis of data collected in real-time. • Partner with Acterra, Audubon, and California Native Plant Society to develop educational materials and workshops on native oak woodland ecosystems and tree species in the urban landscape for the public and urban forestry staff. • Use equipment such as mobile devices and measuring tapes to produce accurate data collection. • Record data in the Tree -Plotter open data platform. b. DELIVERABLES • Engage 250 volunteers, and provide training for the Surveyor" and "Survey Leader" positions. • Survey 6,750 oaks, which is 75 percent of the estimated total number of oaks (assuming there are still about 9,000 oaks to survey, based on OakWell Survey data) • Tree Plotter enhancement to share the Great Oak Count data with community members, students, decision -makers, City of Palo Alto Staff, and researchers. • Integration of the oak -related tree removal permit historical data into the Great Oak Count (and in Tree Plotter), and analysis of permit patterns to inform the assessment of the effectiveness of the tree protection ordinance. • Interim results and outreach material to share them with stakeholders. • Quarterly report on activities. 4. Preferred and Restricted Species List: Urban Forest Master Plan Programs 1.A.ii, 6.J.vii, 3.A.i, 1.A.iii, 6.B.iv, 1.B.i, 1.A.iv. A Preferred and Restricted Species List will be a helpful tool for staff and property owners, and will benefit South Palo Alto properties. The list will acknowledge differing priorities for public and private trees on different property types, and will consider many tree characteristics in order to create a dynamic and long-lasting tool. Following the creation of this list, site- specific species selection protocols will be developed and shaped into a tool for practical use. Prioritizing species diversity and compatibility with the CITY Sustainability Plan, and then sharing Vers.: Aug. 5, 2019 Page 9 of 19 Item 3: Staff Report Pg. 14 Packet Pg. 71 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 these tree lists with local commercial tree providers in order to with Canopy g of appropriate tree species. In collaboration with CITY staff and stakeholders CONTRACTOR will develop a "Preferred and Restricted Species List". It will consist of two components: 1. a criteria -based filtering tool and 2. actual lists, current instances obtained by applying the filters. Stakeholders will include various CITY departments and teams such as the Office of Sustainability and the List will include consideration for the golf course, parks, preserves, open space, and other sites, to encourage the use of appropriate species for these sites. a. STRATEGY and METHODOLOGY • Take advantage of currently available tools such as the Canopy Tree Library • In partnership with CITY staff, define the specs of the preferred and restricted tree species list, including the type of publication • Devise a plan and timeline for the creation of the list • Following the creation of this list, site -specific species selection protocols will be developed and shaped into a tool for practical use, prioritizing species diversity and compatibility with the CITY Sustainability Plan • Outreach: The outreach component of this program is incorporated in Goal D.6. b. DELIVERABLES • List of trees that are "preferred" and "restricted" • Species selection protocols, displayed in an online tool, and including rating of query results along the "best fit for specific site" criterion. • Outreach materials • Quarterly report on activities. 5. Education, Outreach, and Marketing Campaign - Urban Forest Master Plan Programs 1.B.i, 2.A.vii, 2.A.viii and augmenting program delivery already occurring for 6.D.ii,, 6.D.iii Several UFMP programs address the City Council priority of correcting the disparity in tree canopy cover between North and South Palo Alto. Following the assessment and analysis of the disparity (Programs 6.D.i), the South Palo Alto Tree Initiative was launched to plant new trees in Palo Alto (Programs 6.D.ii). Program 6.D.iii is complementary to the planting effort and aims to "ensure that staff and contractors performing maintenance tasks in South Palo Alto know that preserving and increasing canopy - and focus on native and introduced climate -adaptive species - in South Palo Alto is a CITY priority." Vers.: Aug. 5, 2019 Page 10 of 19 Item 3: Staff Report Pg. 15 Packet Pg. 72 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 CONTRACTOR will design, plan, and implement a commun With Canopy to educate the public, tree service companies, nurseries, realtors, and developers on Palo Alto's focus on urban tree canopy sustainability and current and/or updated regulations and guidelines. a. STRATEGY and METHODOLOGY • Take advantage of the current heightened level of interest in trees and their role in combating and mitigating climate change and associated urban heat island, to raise awareness in the community. • Use the occasion of the update of the tree protection ordinance (Title 8), the publication of the new Landscape and Tree Technical Manual, and the launch of the Preferred and Restricted Tree Species list, to inform target audiences of the updated regulations and guidelines in Palo Alto. • Use a variety of outreach means, such as emails, electronic newsletters, mailings, social media, printed media, and live events to reach out and educate targeted audiences. b. DELIVERABLES • Outreach materials and Ads (including design and printing) • Presentation development • Coordination with stakeholder groups, program planning, and public engagement • Blog posts, communications and promotional materials about Urban Forest Master Plan to public • Update vendors, tree care companies, and Hire and Arborist search engine on Canopy's website • Updated tree care brochure • Quarterly report on activities. 6. Digital South Palo Alto Tree Initiative Tree Health Survey — Urban Forest Master Plan 6.D.i., 6.D.ii. - Develop and conduct a south Palo Alto residential tree health survey to better and more quickly respond to tree care needs in Palo Alto. Since the resulting survey data proved useful to City staff and Canopy in prioritizing tree care efforts, the survey will be implemented city wide for the next two years, reaching more residents and targeting tree care more effectively. Revise the pilot 2023 Digital Tree Health Survey to an improved survey for FY2024 and FY2025 to evaluate and address tree care needs most efficiently and effectively for residents in Palo Alto. As for FY2023, results will be used to inform tree care and target trees that need care the most. Results from FY 2024 will also be compared to results in FY 2023 to evaluate trends in tree care. a. STRATEGY and METHODOLOGY Vers.: Aug. 5, 2019 Page 11 of 19 Item 3: Staff Report Pg. 16 Packet Pg. 73 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 • Pilot a digital residential tree health survey`, ,wth Canopy prompt tree stewards to answer a questionnaire about their tree health and request a site visit for tree care through the survey, if needed. • Develop the survey in FY 2022/23 and pilot with Palo Alto's current tree stewards. • In early FY 2023, send pilot survey to tree stewards. • In FY 2023, Canopy will assess the effectiveness of the survey by analyzing response rate and accuracy of reporting by tree stewards. • In FY 2023, draft a technical report to share with the City of Palo Alto which summarizes our findings. • Revise the FY2023 Digital Tree Health Survey for FY2024 and FY2025 • Send revised survey to Palo Alto tree stewards to answer questions about their tree(s) health and request a site visit for tree care through the survey, as needed • Analyze and plan tree care needs in FY 2024 and FY2025 • Compare results to previous FY • Prepare a technical report to share with the City of Palo Alto which summarizes the findings b. DELIVERABLES • FY 2022/23: A digital survey for residents of Palo Alto who planted trees in the last 3 years. • FY 2023: Surveys sent to current 3 -year tree stewards • FY 2023: Analysis of the effectiveness of the survey • FY 2023: Technical report summarizing our findings of the pilot survey. • FY 2024 & FY 2025: A revised Digital Tree Health Survey distributed to Palo Alto tree stewards who have had a tree planted by Canopy within the last 3 years • FY 2025: Analysis of tree care needs in FY 2024 and a comparison of results with FY 2023 • FY 2025: A technical report for the City of Palo Alto which summarizes the findings • Quarterly reporting on activities 7. Educational Materials for Planting Oaks and Native Trees: Urban Forest Master Plan 6.J.viii, - Develop educational materials about planting oaks and other native tree species for distribution to residents who are interested in planting trees and/or are selecting trees to plant in Palo Alto. Provide any information on incentives that the City of Palo Alto offers for homeowners about planting oaks or other native species. Vers.: Aug. 5, 2019 Page 12 of 19 Item 3: Staff Report Pg. 17 Packet Pg. 74 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 Distribute materials to residents, vendors, and tree nurseries, with Canopy y's website with the latest information. a. DELIVERABLES • Coordination with the City of Palo Alto on identifying incentives for planting native trees • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Blog posts, communications, and promotional materials • Inform vendors and tree nurseries on any promotions • Update Canopy's website on incentivized trees • Quarterly reporting on activities 8. Educational Materials for Oak Tree Care: Urban Forest Master Plan 2.A.vii - Develop educational materials on how to care for oaks for distribution to residents who have planted or are interested in planting oak trees in Palo Alto. Distribute materials to residents, new home owners and tree care companies, and update Canopy's website with the latest information. a. DELIVERABLES • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Blog posts, communications, and promotional materials • Update Canopy's website on incentivized trees • Quarterly reporting on activities 9. Guidance Documents for Solar Panels and Trees: Urban Forest Master Plan 3.A.iv, 3.A.v - Create and distribute an informational guide on how to select appropriate tree species when planning to install solar panels. The guide will be provided at tabling and outreach events, as well as, provided on Canopy's website as a resource for residents. a. DELIVERABLES • Coordination with the City of Palo Alto on solar panel guidelines • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Distribution at tablings and other Canopy outreach events • Update Canopy's website on selecting the proper tree species • Quarterly reporting on activities 10. Educational Materials for Invasive Species: Urban Forest Master Plan 2.A.v - Develop educational materials on removing invasive tree species for distribution to residents in Palo Alto. Provide any information on incentives for homeowners that the City of Vers.: Aug. 5, 2019 Page 13 of 19 Item 3: Staff Report Pg. 18 Packet Pg. 75 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 Palo Alto offers for removing invasive tree species. Distribute m With Canopy is and update Canopy's website with the latest information. a. DELIVERABLES • Coordination with the City of Palo Alto on identifying incentives for removing invasive species • Outreach materials (including design and printing) • Coordination with stakeholder groups and public engagement • Blog posts, communications, and promotional materials • Update Canopy's website on incentivized trees • Quarterly reporting on activities 11. Community Pruning Workshops: Urban Forest Master Plan 4.A.iv, 4.A.x - Plan and conduct five pruning workshops for community members to provide guidance and hands-on instruction on proper young tree maintenance. Canopy will consult with the City to determine the time and locations of each workshop. Canopy will also provide all necessary tools/ equipment and train/ coordinate with all volunteers for each event. a. Each workshop will be at least 2 hours and will include the following: • Assessing tree health and risks • Proper pruning methods/techniques • Use of tools and equipment • Reviewing proper irrigation and water requirements of young trees b. DELIVERABLES • Coordination with the City of Palo Alto to identify workshop locations • Coordination with stakeholder's groups and public engagement • Five workshops as described above • Communication and promotional materials, as well as updating Canopy's website • Quarterly reporting on activities Goal E: Advocate for Palo Alto's Urban Forest, provided that CONSULTANT will not advocate for any CITY contract, funding, initiative, or other CITY action, that may constitute a prohibited financial or other interest by CONSULTANT, in conformity with State and Local laws and regulations regarding conflicts of interest. 1. Provide comment to CITY departments, City Council and the public upon review of policies, ordinances, and manuals that may affect the urban forest. 2. Issue letters of support or concern on behalf of CITY, at CITY's request, for projects that positively or negatively impact the CITY's trees. 3. Attend Council meetings and provide comments for projects involving practices that may impact the CITY's urban forest. 4. Provide comments to news organizations and/or media outlets about trees in Palo Alto when appropriate, with CITY Project Manager approval. Vers.: Aug. 5, 2019 Page 14 of 19 Item 3: Staff Report Pg. 19 Packet Pg. 76 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 5. Submit quarterly reports to CITY on CONSULTANT's consulting a With Canopy •ties related to projects involving the CITY's urban forest. Goal F: Conduct an assessment of the health of recently planted CITY trees and assist with a locally -sourced carbon credit project. 1. Conduct an annual CITY -wide survey of newly planted street trees and report this information to the Public Works Department and residents. 2. Organize and train a cadre of volunteers to monitor the condition of young trees, and perform simple tasks on site (such as adjusting tree ties or moving mounded mulch away from base of a tree trunk, provided that any such task is not in conflict with Section 26 of this Agreement). 3. Work with the CITY to integrate survey data into the crowdsourced data platform. 4. Estimate costs, determine co -benefits, identify partnership opportunities, leverage funding and quantify carbon sequestration for a locally -sourced carbon credit project within the Urban Forest Registry framework. Goal G: Administer the CITY Utilities Department's ("CITY Utilities") Right Tree in the Right Place (RTRP) Program. 1. Advertise, respond to, and screen inquiries about the RTRP program before forwarding requests to the Public Works Department ("PW") for inspection. 2. Administer the process for applicants accepted by the Department of Public Works to participate in the RTRP program, including acceptance notification, removal confirmation, and stump grinding and replanting information at each location. Promote replanting where suitable. 3. Review applications and forward paperwork to CITY Utilities for applicant reimbursement. 4. Partner with CITY Utilities and PW Tree Division to extend the RTRP program to businesses. 5. Work with CITY Utilities to explore growth opportunities for the RTRP program such as exploring greenhouse gas and energy efficiency initiatives, local tree ordinances, and solar access requirements. 6. Provide quarterly summary spreadsheet reports of RTRP activities to CITY Utilities, and report on information distributed during the CITY Utility Department's sponsored events or programs. Vers.: Aug. 5, 2019 Page 15 of 19 Item 3: Staff Report Pg. 20 Packet Pg. 77 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B EXHIBIT "B" SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS) Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 with Canopy CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. Goals/Milestones Completion Date Goal A: Serve as a comprehensive information source about Palo Alto trees Ongoing Goal B: Educate and motivate Palo Alto residents to plant, care for, and celebrate trees. Ongoing Goal C: Maintain an organization with a credible, professional identity and high public Ongoing visibility in support of the Palo Alto urban forest. Goal D.1.: Assist the City of Palo Alto in its planning and performance of routine urban Ongoing forestry programs on an ongoing basis. Goal D.2.: South Palo Alto Tree Initiative. Implement a strategy to increase the number of Contract Term trees in south Palo Alto by 1,000 over the contract term, including at least three community tree plantings. This contract includes funding for 530 CONSULTANT -planted trees. Goal D.3.: Great Oak Count. Update the Oakwell Survey to assess changes in Palo Alto's Contract Term native oak population, evaluate tree health, recommend actions to improve conditions, and evaluate gaps and opportunities. Engage 250 volunteers, provide training for the Surveyor" and "Survey Leader" positions to survey 6,750 oaks, which is 75 percent of the estimated total number of oaks Goal D.4.: Preferred and Restricted Species List. Create a list of trees that are "preferred" Contract Term and "restricted". Create species selection protocols, displayed in an online tool, and including rating of query results along the "best fit for specific site" criterion. Create and distribute outreach materials. Goal D.5.: Education, Outreach, and Marketing Campaign. design, plan, and implement a Contract Term communication campaign to educate the public, tree service companies, nurseries, realtors, and developers on Palo Alto's focus on urban tree canopy sustainability and current and/or updated regulations and guidelines Goal D.6.: Digital South Palo Alto Tree Initiative Tree Health Survey Contract Term Goal D.7.: Educational Materials for Planting Oaks and Native Trees Contract Term Goal D.B.: Educational Materials for Oak Tree Care Contract Term Goal D.9.: Guidance Documents for Solar Panels and Trees Contract Term Goal D.10.: Educational Materials for Invasive Species Contract Term Goal D.11.: Community Pruning Workshops Contract Term Goal E: Advocate for Palo Alto's urban forest. Ongoing Goal F: Conduct an assessment of the health of recently planted street trees and assist Ongoing with a locally -sourced carbon credit project. Goal G: Administer the Utilities Department's Right Tree in the Right Place Program (RTRP). Ongoing Vers.: Aug. 5, 2019 Page 16 of 19 Item 3: Staff Report Pg. 21 Packet Pg. 78 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B EXHIBIT "C" COMPENSATION, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS) Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 with Canopy The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE TASK DESCRIPTION — FULL DESCRIPTIONS IN EXHIBIT A NOT TO EXCEED Goals A, B, C, D.1, E, F and G $ 443,220 Goal D.2: South Palo Alto Tree Planting $ 506,050 Goal D.3: The Great Oak Count $ 117,000 Goal D.4: Preferred and Restricted Species List $ 40,000 Goal D.5: Education, Outreach, and Marketing Campaign $ 80,000 Goal D.6: Digital South Palo Alto Tree Survey $ 68,000 Goal D.7: Educational Materials for Planting Oaks and Native Trees $ 15,000 Goal D.8: Educational Materials for Oak Tree Care $ 15,000 Goal D.9: Guidance Documents for Solar Panels and Trees $ 15,000 Goal D.10: Educational Materials for Invasive Species $ 15,000 Goal D.11: Community Pruning Workshops $ 30,000 Total Contract All Tasks Not to Exceed: $ 1,344,270 SUB -TOTAL BASIC SERVICES: REIMBURSABLE EXPENSES (IF ANY) TOTAL BASIC SERVICES AND REIMBURSABLE EXPENSES ADDITIONAL SERVICES (IF ANY) (NOT TO EXCEED) MAXIMUM TOTAL COMPENSATION REIMBURSABLE EXPENSES $1,344,270 $0 $1.344,270 $0 $1,344,270 Vers.: Aug. 5, 2019 Page 17 of 19 Item 3: Staff Report Pg. 22 Packet Pg. 79 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 The administrative, overhead, secretarial time or secretarial overtim with Canopy ing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None Vers.: Aug. 5, 2019 Page 18 of 19 Item 3: Staff Report Pg. 23 Packet Pg. 80 of 692 DocuSign Envelope ID: 9BAF7B18-757C-4D72-8634-FDD75270EC5B Item 3 Attachment A - Amendment No. 3 to Contract No. C21180324 with Canopy EXHIBIT "C-1" SCHEDULE OF RATES (AMENDED, REPLACES PREVIOUS) CONSULTANT's schedule of rates is as follows: SCHEDULE OF RATES 2017-2022 and 2023-2025 Hourly Rates FY 2017-2022 FY 2023 FY 2024 FY 2025 Executive Director $135 $159 $162 $168 Senior Director of Programs n/a $142 $146 $151 Program Director $80 n/a n/a n/a Development Director n/a $142 $146 $151 Senior Development Specialist $80 n/a n/a n/a Development Manager $55 n/a n/a n/a Education Manager $55 n/a n/a n/a Education Director n/a $72 $74 $77 Community Forestry Coordinator $55 $65 $66 $69 Tree Care Coordinator n/a $65 $66 $69 Program Operations Manager $55 n/a n/a n/a Operations Director n/a $89 $91 $94 Youth Program Coordinator n/a $65 $66 $69 Interns/ Youth Staff $25 $29 $30 $31 Vers.: Aug. 5, 2019 Page 19 of 19 Item 3: Staff Report Pg. 24 Packet Pg. 81 of 692 Item 4 Item 4 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Utilities ALTO Meeting Date: June 18, 2024 Staff Report: 2403-2714 TITLE Approval of Amendment Number 5 to Contract Number C20176363 With Magellan in the Amount of $1,122,121 to Incorporate Additional Design and Technical Services for the Fiber -to - the -Premises (FTTP) Pilot Project for a Revised Total Not -to -Exceed of $6,807,412 Over a Five - and -a -Half -Year Term; CEQA Status — Not a Project RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Amendment No. 5 to contract No. C20176363 with Magellan (Attachment A) for make-ready power engineering work, advanced permitting services, and network operations and technical support for FTTP, in an amount not to exceed $1,122,121 through December 31, 2025. This amendment results in a revised total contract not -to -exceed amount of $6,807,412 over the five -and -a -half -year term. EXECUTIVE SUMMARY On June 19, 2023, the City Council approved the FY 2024 CIP Budget with the new Grid Modernization for Electrification Project (EL -24000, $250 million) and FTTP project (FO -24000, $20 million). Staff is deploying a pilot to determine how to align the grid modernization with FTTP to help minimize utility engineering pole make-ready work, pole replacements, noise disruption, and construction activity in neighborhoods. With hundreds of miles of overhead and underground construction activity between electric grid modernization and FTTP, the purpose of the pilot is to determine the feasibility of engineering designs and construction methods and implement best practices to facilitate the most cost-effective deployment of resources. On June 10, 2024, staff recommended the City Council approve a series of contract amendments (Staff Report 2312-23181) to leverage existing on -call construction and engineering contracts to perform the engineering design, overhead and underground construction, and installation for 1 Staff Report 2312-2318 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-ma nager-reports-cm rs/2024/06-10-24-sr-2312-2318. pdf Item 4: Staff Report Pg. 1 Packet Pg. 82 of 692 Item 4 Item 4 Staff Report the pilot area (approximately 409 poles and 1,224 homes) and reduce the construction timeline by 6 — 9 months, which would otherwise undergo the prolonged process of issuing multiple invitation for bids (lFBs) to perform the work for grid modernization and overlapping FTTP work. The pilot area will be treated as a testbed to design and construct both projects in parallel to minimize community disruption and reduce shared construction costs. Magellan specializes in fiber and broadband networks and their partners have experience in power engineering which creates added synergy in engineering design for the FTTP and grid modernization pilot. BACKGROUND On December 19, 2022, City Council considered three courses of action for a City -owned FTTP service and directed staff to proceed with the phased build approach. Under this approach, FTTP will be built out in selected areas of the city using $20 million from the Fiber Fund and the project will expand gradually from there as Council approves, with the goal to eliminate the need for debt financing (Staff Report #148002). On May 1, 2023, City Council approved Amendment Number 4 to Contract Number C20176363 with Magellan for Fiber program management, organizational change management, network operations and technical support, and utility pole electric make-ready engineering (Staff Report 2303-12153). Although the phased build approach to FTTP will decrease the City's financial risk and increase Council's control over the velocity of the buildout, the City does not have the in- house staffing to fully pursue the Fiber Expansion Plan and efforts to coordinate with Electrification Grid Modernization. The new Palo Alto Fiber broadband business will require significant staffing and specialized skill sets over the next few years. While it is economically prudent to utilize available staffing resources, the City must also strategically invest in external resources for a successful roll -out. On December 11, 2023, City Council was informed of the effort to align the Grid Modernization Project for Electrification with the FTTP project to help minimize impact to the community and potentially reduce construction timelines and costs. The pilot will inform the City how well these projects may be aligned, and which construction phasing options worked best to minimize disruption, construction activity, and construction costs. Given the overlapping construction and make-ready work for both projects, staff may mitigate internal resource constraints by covering shared work for both projects in parallel and leveraging existing contracts. This contract amendment will provide additional civil engineering construction design, utility pole make-ready work, and technical customer support to implement the FTTP pilot. 2 Staff Report 14800 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-ma nager-reports-cm rs/2022/12-19-2022-id-14800. pdf 3 Staff Report 2303-1215 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-ma nager-reports-cm rs/2023/05-01-2023-id-2303-1215. pdf Item 4: Staff Report Pg. 2 Packet Pg. 83 of 692 Item 4 Item 4 Staff Report ANALYSIS The design of the pilot area strategically covers initial test area plans for grid modernization, and a core portion of the Phase 1 FTTP area. The pilot area is bounded by West Bayshore, Embarcadero Road, Louis Road, and Colorado Ave). The fiber hut required for FTTP will be located near the Colorado power station, with predominantly aerial construction in the grid modernization pilot area. FTTP build out must be constructed in a manner that provides a pathway from the fiber hut to the areas of higher interest. Magellan will provide consulting on the engineering design and will review as -built construction maps of the FTTP pilot. They will also assist with civil engineering permit applications for underground construction. Staff recommends amending the final year of the contract with Magellan to provide expanded services for the pilot. • Civil engineering style permit documents required by the City of Palo Alto for street crossing and underground utilities. Design of the cross section or profile showing the proposed vertical alignment for the fiber conduits and the crossing of existing underground utilities. • Power make-ready engineering design including load calculation for both power and telecom of 409 poles situated in the pilot area. Engineering design for 4/12kV conversion on overhead distribution lines. • Tier 1 and 2 customer support includes deployment support, troubleshooting of access equipment, service restoration, and trouble tickets. The expanded services will be billed based on unit cost and labor hours. This amendment will provide the City with an external vendor option for these critical tasks. It will also enable staff to evaluate whether these services should be performed internally, or via contract service provider. The FTTP pilot will inform the City the best mix of insource (internal staff) and outsource (contractors) to operate the new municipal Palo Alto fiber internet business. FISCAL/RESOURCE IMPACT Budget for Amendment #5 is available in the FY 2024 Capital Improvement Fiber -to -the - Premise CIP (FO -24000). As of May 21, 2024, there is a remaining balance of $2,069,807 under the Magellan contract which will either be used to support the FTTP pilot or returned to the fiber reserves at the end of the contract term December 2025. The contractual arrangement with Magellan resulted from a formal RFP conducted in 2019. The "Fiber Network Expansion" RFP sought proposals from qualified consulting firms to develop a multi -phase fiber optic expansion plan including an integrated cross -utility strategy to combine FTTP with electric or gas planning. Multiple phases of the expansion project were included however, each individual phase was to be completed and approved by City Council before the decision was made to proceed with the next phase. Magellan was the recommended Item 4: Staff Report Pg. 3 Packet Pg. 84 of 692 Item 4 Item 4 Staff Report provider for all phases and the summary of contract amendments below reflect this administrative strategy for this project. Original Jun 2020 - Sep 2020 193,192 . 19,319 212,511 . # 11368 on Jun 1 20204 Amendment #1 Oct 2020 - Apr2021 259,150 25,915 285,065 # 11580 on Oct 5 20205 Amendment #2 Jun 2021- Sep 2022 2,197,050 219,705 2,416,755 # 12305 on Jun 21 20216 Amendment #3 Oct 2022 - Mar 2023 - - - Term extension only Amendment #4 May 2023 - Dec 2025 2,523,600 247,360 2,770,960 #2303-1215 on May 1 2023' Amendment #5 June 2024 - Dec 2025 1,122,121 - 1,122,121 - Grand Total 6,295,113 512,299 6,807,412 STAKEHOLDER ENGAGEMENT Staff continues to engage with the community on these two efforts primarily through the City's Finance Committee and Utilities Advisory Commission discussions which are open to the public to participate and share feedback. On November 7, 2023, the Finance Committee was updated on the Fiber Master Plan, which includes a pilot to align FTTP with the Electric grid modernization project. The Finance Committee provided feedback on timeline, costs, and alignment of FTTP to grid modernization (Staff Report #2309-20828). 4 #11369 on Jun 1, 2020 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/cit manager -reports -cm rs/year-archive/2020/id-11368-mini-packet.pdf?t=64318.92 5 #11580 on Oct 5, 2020https://www.cityofpaloalto.org/files/assets/pu blic/agendas-minutes-reports/reports/city- ma n age r -reports -cm rs/yea r-archive/2020-2/i d-11580. pdf?t=59010.48 6 12305 on Jun 21, 2021 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city- manager-reports-cmrs/year-archive/2021/id-12305.pdf #2303-1215 on May 1, 2023 https://cityofpaloaIto.primegov.com/meeting/document/1960. pdf?name=Item%208%20Staff%20Report 8 Finance Committee staff report 2309-2082, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/reports/city-manager-reports-cmrs/2023/11-7-2023 2309-2082-mini-packet.pdf Item 4: Staff Report Pg. 4 Packet Pg. 85 of 692 Item 4 Item 4 Staff Report In addition, staff continues to share updates through the Palo Alto Fiber project webpage9, City communications channels such as social medial°, Medium.com blogll and interactive Palo Alto Fiber Hub12. ENVIRONMENTAL REVIEW Council action on this item is exempt from CEQA review because it can be seen with certainty that there is no possibility that the scope of work covered by this contract amendment, for additional technical and design services, may have a significant effect on the environment (CEQA Guidelines, 14 CCR section 15061(b)(3)). ATTACHMENTS Attachment A: Contract with Magellan; Contract No. C20176363, Amendment No. 5 APPROVED BY: Dean Batchelor, Director of Utilities Staff: Dave Yuan, Strategic Business Manager 9 Palo Alto Fiber Webpage, https://www.citVofpaloalto.org/paloaltofiber to City Social Media Channels, https://www.citVofpaloalto.org/connect 11 Palo Alto Connect, https://medium.com/@paloaltoconnect 12 Palo Alto Fiber Hub, https://fiber-palo-alto.hub.arcgis.com/ Item 4: Staff Report Pg. 5 Packet Pg. 86 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, AMENDMENT NO. 5 TO CONTRACT NO. C20176363 Amendment No. 5 BETWEEN THE CITY OF PALO ALTO AND MAGELLAN ADVISORS LLC. This Amendment No. 5 (this "Amendment") to Contract No. C20176363 (the "Contract" as defined below) is entered into as of June 17, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and MAGELLAN ADVISORS LLC., a Florida limited liability company, located at 450 Alton Road 1402, Miami, FL 33139 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RECITALS A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of consulting services for a multi -phase fiber optic network expansion plan including design of a Fiber to the Premises (FTTP) build -out, as detailed therein. B. The Parties now wish to amend the Contract in order to increase the compensation by $1,122,121 from $5,685,291 to $6,807,412 for permitting, make ready engineering, and technical support specified in the updated Exhibit "A" Scope of Services, to incorporate additional design and technical services needed for the FTTP Pilot Project due to coordination and alignment with the City's Grid Modernization upgrades. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C20176363 between CONSULTANT and CITY, dated June 1, 2020, as amended by: Amendment No.1, dated October 5, 2020 Amendment No.2, dated May 18, 2021 Amendment No.3, dated October 1, 2022 Amendment No. 4, dated April 3, 2023 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4. "NOT TO EXCEED COMPENSATION" of the Contract is hereby amended to read as follows: SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled "COMPENSATION," including any Vers.: Aug. 5, 2019 Page 1 of 8 Item 4: Staff Report Pg. 6 Packet Pg. 87 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, reimbursable expenses specified therein, and the maximum total corn Amendment No.5 shall not exceed Six Million Eight Hundred Seven Thousand Four Hundred Twelve Dollars ($6,807,412). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. ® Optional Additional Services Provision (This provision applies only if checked and a not -to -exceed compensation amount for Additional Services is allocated below under this Section 4.) Included within the not -to -exceed compensation specified above, CITY has set aside the not- to -exceed compensation amount of Five Hundred Twelve Thousand Two Hundred Ninety -Nine Dollars ($512,299) forthe performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Six Million Eight Hundred Seven Thousand Four Hundred Twelve Dollars ($6,807,412), as detailed in Exhibit C. "Additional Services" means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY's Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled "PROFESSIONAL SERVICES TASK ORDER". Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY's Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT Vers.: Aug. 5, 2019 Page 2 of 8 Item 4: Staff Report Pg. 7 Packet Pg. 88 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, shall only be compensated for Additional Services performed under an Amendment No. 5 Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: Exhibit "A" entitled "SCOPE OF SERVICES, Amendment 5", ADDED. Exhibit "B" entitled "SCHEDULE OF PERFORMANCE, Amendment 5", ADDED. Exhibit "C" entitled "COMPENSATION, Amendment 5", ADDED. SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 3 of 8 Item 4: Staff Report Pg. 8 Packet Pg. 89 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, Amendment No. 5 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO MAGELLAN ADVISORS LLC. DocuSigned by: City Manager C. (iwac CO3CB4D7F92C4E4... Dave Klimas Name: Title: Chief operating officer APPROVED AS TO FORM: City Attorney or designee Attachments: DocuSigned by: GY-9AC1AA9C89'F44BF UoLcffi, ._ Courtney Violette Name: Title: svP/Chief Management Officer EXHIBIT "A": SCOPE OF SERVICES, Amendment 5 (ADDED) EXHIBIT "B": SCHEDULE OF PERFORMANCE, Amendment 5 (ADDED) EXHIBIT "C": COMPENSATION, Amendment 5 (ADDED) Vers.: Aug. 5, 2019 Page 4 of 8 Item 4: Staff Report Pg. 9 Packet Pg. 90 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 EXHIBIT "A" SCOPE OF SERVICES AMENDMENT NO. 5 (ADDED) Additional Task 5 Services: Expanded Permitting Deliverables will include: Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, Amendment No. 5 • High level civil engineering style permit documents required bythe City of Palo Alto. Expected effort 430 hours @ $210/hour. • High level documentation needed for public works to include the following as examples. • Design of the cross section or profile showing the proposed vertical alignment for the (N) conduits and the crossing of existing underground utilities (incl. external 3rd parties). The profile must be drawn to scale with approximate depths of (e) pipes. Expected 660 hours @ $210/hour. • Proposed conduits must be designed and installed in accordance with City Standard Detail Dwg. No. 402 for Conduit Location Detail and Telecommunications. In commercial districts the horizontal alignment of the proposed conduits shall be the centerline of the sidewalk and vertical alignment below the wastewater main or greater distance from high voltage underground duct banks or any other deep pipe. Expected 410 hours @ $210/Hour. • Existing curb & gutter, properly dimensioned • Concrete joints, field visit to obtain info • Existing trees, work with City to identify and mitigate issues • Include cross sections or profiles for street crossing and major underground utilities with field visits. Expected 500 hours @ $210/Hour Additional Task 6, 7, 8,14 Services: Make Ready Engineering For Pilot Area including power and fiber upgrades 1. Engineering Design for 4/12kV cutover on overhead distribution Lines 2. Engineering Design for the secondary system upgrade with 6kVA per home and 4/0 AWAC 3. Engineering design to add new Fiber strands and associated anchoring on distribution poles Deliverables will include: • Before and after circuit drawings • Distribution drawings • Bill of Materials, Install and Removal • Overhead construction standards • Material specifications • Construction plan/schedule (minimizing customer shutdowns) Vers.: Aug. 5, 2019 Page 5 of 8 Item 4: Staff Report Pg. 10 Packet Pg. 91 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 • Bid documentation o Scope of Work o Bid table • Optional item: PE stamp on PLC report Additional Task 13 Services: a. Tier 1 Help Desk Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, Amendment No. 5 Customer Support is the first contact point for customers in need of support relating to their service. This is also referenced as the Help Desk. Consultant will work with the City to develop an RFP for a Tier 1 Help Desk vendor to field calls directly from customers. The Help Desk will answer calls related to the overall service. They will create trouble tickets for each interaction and resolve the issues directly or forward trouble tickets to the appropriate internal team for resolution. This task includes: • Deliverables: RFP for Tier 1 Help Desk vendor, including development of the documents, attending pre -bid meetings, evaluating respondents and assisting with final selection b. Tier 2 Customer Support Tier 1 Help Desk escalates to Tier 2 Customer Support for customers in need of involved troubleshooting, billing issues, etc. This is also referenced as "Tier 2." Tier 2 assists with access equipment and network issues beyond the scope of the Tier 1 to include: • Access equipment troubleshooting from the optimal network terminal back to the network • Access equipment and deployment support • Troubleshooting initial installations • Coordinate service restoration with Field Technicians Vers.: Aug. 5, 2019 Page 6 of 8 Item 4: Staff Report Pg. 11 Packet Pg. 92 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, EXHIBIT "B" Amendment No. s SCHEDULE OF PERFORMANCE, Amendment 5(ADDED) Task Start End Additional Task 5 Services: Expanded Permitting 4/1/24 12/31/25 Additional Task 6,7,8, 14 Services: Make Ready Engineering 4/1/24 12/31/25 For Pilot Area Additional Task 13 Services: 1/1/25 12/31/25 Tier 1 Help Desk Tier 2 Customer Support Vers.: Aug. 5, 2019 Page 7 of 8 Item 4: Staff Report Pg. 12 Packet Pg. 93 of 692 DocuSign Envelope ID: 2136B894-B114-42E1-9A7A-1500CDB19373 Item 4 Attachment A - Contract with Magellan; Contract No. C20176363, EXHIBIT "C" Amendment No. 5 COMPENSATION, Amendment 5 (ADDED) The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories included in this Agreement provided the total compensation for Basic Services does not exceed the amount shown in Section 4, Not to Exceed Compensation. Task Start End Billing Total Type Arlrlitinnal Tack c c rvirac• Arlrlitinnal Permitting Additional Task 6,7,8, 14 Services: Make Ready Engineering for Pilot (450 Poles) Additional Task 13 Services: Tier 1 Help Desk Tier 2 Customer Support Total Not To Exceed 4/1/2024 12/31/2025 Hourly 4/1/2024 12/31/2025 Hourly 1/1/2025 12/31/2025 Hourly 1/1/2025 12/31/2025 Hourly $ 140,000 $ 663,721 $ 160,000 $ 158,400 $ 1,122,121 Vers.: Aug. 5, 2019 Page 8 of 8 Item 4: Staff Report Pg. 13 Packet Pg. 94 of 692 Item 5 Item 5 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Administrative Services Meeting Date: June 18, 2024 Report #:2311-2225 TITLE Approval of General Services Contract Number C25188309 with Cintas Corporation in the Amount of $2,124,293 to Provide for Rental and Laundering of Work Uniforms and Miscellaneous Items for a Period of Five Years; CEQA Status — Not a Project. RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or designee to execute Contract Number C25188309 with Cintas Corporation, utilizing the Omnia Cooperative Agreement for the rental and laundering of uniforms and other miscellaneous items for the Community Services, Public Works and Utilities Departments for a total not -to -exceed the amount of $1,770,244 over a 5 -year term; and 2. Authorize the City Manager or their designee to negotiate and execute an Amendment for Additional Services in the amount of Twenty Percent (20%) through the term of the 5 - year -contract, the total value not -to -exceed $354,049. The 20% for additional services is recommended to allow for additional uniforms for incoming staff and for replacements of worn-out uniforms. BACKGROUND The Public Works, Utilities and Community Services Departments require all field staff to wear City issued uniforms, coveralls or shop coats per the labor agreement. Uniforms provide City identification of workers in the field and provide safety to field personnel and other personnel where specialized clothing is required such as lab technicians, utilities installers, and line person/cable splicers. These services include the rental and laundering of work uniforms and other laundered items such as heavy traffic floor mats, bath towels and cleaning towels. The heavy traffic floor mats are used at the entry and exit of doors where there is high traffic such as the Water Quality Control Plant. The bath towels are used when staff use City facility showers where required by job demands such as at the Water Quality Control Plant. The shop towels are used to clean equipment and used by staff such as mechanics. Uniforms are for field operations Item 5: Staff Report Pg. 1 Packet Pg. 95 of 692 Item 5 Item 5 Staff Report staff, parks maintenance, mechanics, meter readers and facilities staff. The full list of 103 position classifications required to be provided a uniform is listed in the Memorandum of Agreement'. There are 239 staff members in the City that are currently wearing uniforms through this agreement. ANALYSIS The Community Services, Public Works and Utilities Departments rent and have laundered their uniforms and other miscellaneous items such as mats and towels. Pricing for services provided by Cintas has been under a Cooperative Pricing Agreement2 with Omnia Partners. Each individual department issues blanket purchase orders for a not -to -exceed amount per their needs at the beginning of every fiscal year. These blanket purchases are effective July 1 through June 30 of every Fiscal Year, which cost $323,722 in FY 2024. This new agreement will place all department orders under the same master contract rather than separate blanket purchase orders at a cost of $354,048 per year on average, after CPI adjustments to pricing. The cost in FY 2025 is increasing by 3% over FY 2024 for an amount of $333,433. The average cost per uniformed staff is approximately $1,400 per year under the new agreement. Establishing a master agreement will consolidate separate blanket purchase orders for each department each year, which improves administrative efficiency and enhances contract management. In addition, the term of the master agreement with Cintas ensures competitive pricing for five years. Solicitation Process: Staff across these departments spent significant preparatory time evaluating uniform needs, mending and return services quality, and the quality and reliability of the goods. After this evaluation, staff ensured a review of price comparison to ensure value for the goods and services, and as a result staff recommends continuing service with Cintas. Pursuant to the Palo Alto Municipal code 2.30.360(j), the City may take advantage of cooperative purchasing agreements provided: (i) the services are solicited using methods substantially similar to those required under the Municipal Code, as determined by the Procurement Officer; and (ii) the contract is consistent with the requirements under the Municipal Code. Purchasing cooperative organizations such as Omnia Partners (the City is a member of this co-operative) offer competitively priced contracts for goods and services, streamlines the time associated with completing a request for proposals process, and assures competitive pricing. The Cintas Corporation contract is part of the Omnia partners cooperative purchasing bid. The City will receive the national discounted rates for uniforms and miscellaneous items based on the bid awarded to Cintas Corporation through the Omnia Partners competitive bid process. Omnia 1 Memorandum of Agreement for SEIU, 2023(see page 29 of 79) https://www.cityofpaloalto.org/files/assets/public/v/1/human-resources/labor-relations/seiu/seiu 521 moa 23- 24.pdf 2 Cooperative Omnia Cintas Agreement https://www.omniapartners.com/suppliers/cintas/public-sector/contract-documents#c3241 Item 5: Staff Report Pg. 2 Packet Pg. 96 of 692 Item 5 Item 5 Staff Report Contract No. R -BB -1 90023. Staff reviewed each line item with the vendor and confirmed with each division contact the desired type, style, and sizes were in alignment with the needs of their services and staff requirements. Staff intends to survey the market for uniform services quality and price prior to the end of this term. The discounted rates as shown in Attachment A cover the range of uniforms and the miscellaneous items used at the City. For each piece of uniform item listed there is a rate applied to the quantity. This rate is used to calculate the weekly fee for all uniforms. The other miscellaneous items are rented on a weekly or bi-weekly frequency. This contract does not cover uniforms for public safety personnel and City Park Rangers, which are covered under the Summit Uniforms, LLC contract no. C24188120 as approved by Council Staff Report No. 2401-25454. FISCAL/RESOURCE IMPACT The not -to -exceed cost of this contract is $1,770,244 through the five-year term. The cost will be split across three departments: Community Services, Public Works, and Utilities. The department allocations are as follows: Community Services Department $46,481; Utilities $1,071,672; Public Works $652,091 and funding is allocated based on where the positions using the uniforms are budgeted. The Additional Services of $354,049 will be funded by the departments as needed. Funding is available in the FY 2025 Proposed Budget for this contract pending Council approval scheduled for June 17, 2024. Future year funding is subject to the annual budget process and adoption by Council. STAKEHOLDER ENGAGEMENT Purchasing has coordinated with key staff from departments whose operations will be dependent on the services. Departments provided feedback that helped shape the service delivered. ENVIRONMENTAL REVIEW This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. 3 Omnia Contract No. R -BB -19002 https://www.omniapartners.com/suppliers/cintas/public-sector/contract-documents#c3241 4 Summit Uniforms, LLC for Public Safety Personnel Uniforms, Contract # C24188120; https://cityofpaloaIto.primegov.com/meetings/ItemWithTempIateTVpe?id=4166&meetingTemplateType=2&comp iledMeetingDocumentld=9079 Item 5: Staff Report Pg. 3 Packet Pg. 97 of 692 Item 5 Item 5 Staff Report ATTACHMENTS Attachment A: Omnia Rental Acceptance Agreement Attachment B: Cintas Pricing Sheet APPROVED BY: Lauren Lai, Administrative Services Director Item 5: Staff Report Pg. 4 Packet Pg. 98 of 692 Facilities Solutions Agreement Location #: 0464 Contract #: 210535235 Customer #: MULTIPLE Item 5 Attachment A- Omnia Rental Acceptance THE WORKDAY' Agreement Main Corporate Code — New CC 13218 GPO: 210321258 MLA: 210582673 Date: Customer/Participating Agency: CITY OF PALO ALTO Phone: (650) 329-2100 Address: 250 HAMILTON AVENUE City: PALO ALTO State: CA Zip: 94301 • SEE ADDENDUM A ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Space for additional entries provided on page 4 This agreement is effective as of the date of execution for a term of 60 months from the date of installation or renewal. Standard Name Emblem $ 1.375 ea Standard Agency Emblem $ ea Custom Agency Emblem $ 1.810 ea Embroidery $ ea Uniform Advantage Item: $ 0.12 ea per week Premium Uniform Advantage Item: $ 0.16 ea per week Emblem Advantage Item: $ 0.08 ea per week Prep Advantage Item: $ 0.06 ea per week Minimum Charge $35 per delivery Make-up Charge $ 1.810 per garment Non-Standard/Special Cut Garment (i.e., non-standard, non -stocked unusually small or large sizes, unusually short or long sleeve or length, etc.) premium $ 0.172 per garment Seasonal Sleeve Change $ N/A per garment Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills. Artwork Charge for Logo Mat $ N/A Payment Terms: 2% Discount Net 15, Standard terms are Net 30 Size Change Customer agrees to have employees measured by a Cintas representative using garment "size samples". A charge of $ 5.00 per garment will be assessed for employee's size changed within 4 weeks of installation. Other SEE ADDENDUM A Space for additional entries provided on page 4 Automatic Lost Replacement Charge Item: X2160 % of inventory6.00 $ 0.48 ea Automatic Lost Replacement Charge Item: X2720 % of inventory 1.11 $ 4.95 ea t:Ii:I.xl Initial and check box if Unilease. All Garments will be cleaned by customer. ❑ Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control. Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason, or terminates this agreement ❑ for any reason or fails to renew this agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values. Ranier Cintas Representative Initials:Adao C Item 5; Staff Report Pe. 5 - Packet Pg. 99 of 692 Page 1 of 5 Rev. 8.1.23 Item 5 Attachment A - Omnia 1. Participating Public Agencies: Supplier agrees to extend the same terms, covenants agreed to under the Master Agreemer� County Public Schools to other government agencies ("Participating Public Agencies") that, in their discretion, desire to ac with all terms and conditions contained herein or attached hereto. Each participating Public Agency will be exclusively resp matters relating to length of agreement, ordering, delivery, inspection, acceptance, invoicing, and payment for products an, conditions of the Master Agreement. Any disputes between a Participating Public Agency and Supplier will be resolved dire governed by the laws of the State in which the Participating Public Agency exists. 2. Master Agreement available at https://www.omniapartners.com/publicsector Rental Acceptance rince William in accordance Agreement h Supplier on ith the terms and ctly between them in accordance with and 3. Prices. Customer agrees to rent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services described on Exhibit A, "Merchandise & Pricing" at the prices set forth in Exhibit A. There will be a minimum charge of thirty-five dollars ($35.00) per week for each Customer location required to purchase its rental services from Company as set forth in this Agreement. 4. Buyback of Non -Standard Garments. Customer has ordered from Company a garment rental service requiring garments that may not be standard to Company's normal rental product line or include direct embroidery or an unusual emblem placement. Non -Standard items will also include standard garments that have been embroidered. Those non-standard products will be designated as such under Garment Description in the Uniform Product Rental Pricing Chart(s). In the event the Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement in whole or in part for any reason, the Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values. 5. Logo Mats. In the event that Customer decides to delete any mat bearing the Customer's logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining Logo mats that the Company has in service and out of service held in inventory at the then current Loss/Damage Replacement Value. 6. Adding Employees. Additional employees and Merchandise may be added to this Agreement at any time upon written or oral request by the Customer to the Company. Any such additional employees or Merchandise shall automatically become a part of and subject to the terms of this Agreement. If such employees are employed at a Customer location that is then participating under this Agreement, the Customer shall pay Company the one time preparation fee indicated on Exhibit A. Customer shall not pay Company any one time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems. 7. Emblem Guarantee. Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification (hereinafter "Customer Emblems"). Company will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer's needs and maintain a low cost per emblem through quantity purchases. 8. FRC Warranty. Customer agrees it bears sole responsibility for selecting the flame resistant clothing and fabrics ("FRC") under this Agreement determining whether such items are appropriate for use by its employees and agents in their applicable work environment(s). CUSTOMER ACKNOWLEDGES THAT COMPANY HAS MADE NO REPRESENTATION, WARRANTY, OR COVENANT WITH RESPECT TO THE FLAME -RESISTANT QUALITIES OR OTHER CHARACTERISTICS OF THE FRC OR WITH RESPECT TO THEIR FITNESS OR SUITABILITY FOR THIS OR ANY OTHER PURPOSE. COMPANY MAKES NO REPRESENTATION WHETHER THE FRC CONSTITUTES APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT FOR THE ENVIRONMENT(S) TO WHICH CUSTOMER'S EMPLOYEES OR AGENTS MAY BE EXPOSED OR AS TO THE FRC'S ABILITY TO PROTECT USERS FROM INJURY OR DEATH. Customer agrees to notify all employees and other agents of Customer who may wear or will be wearing the FRC that it is not designed for substantial heat exposure or for use around open flames. Customer acknowledges that compliance with any and all OSHA or other similar regulations or requirements relating to personal protective equipment is the sole responsibility of Customer. Further, Customer releases Company from any and all liability that results or may result from the use of the garments, including but not limited to any alleged failure of the FRC to function as flame -resistant or provide protection against fire and/or heat. Customer hereby agrees to defend, indemnify and hold harmless Company from any claims and damages arising out of or associated with this Agreement or resulting from Customer's or its employees' use of the FRC. 9. High Visibility Garments. For high visibility garments, Customer bears sole responsibility for: (a) determining the level of visibility needed by wearers of the garments for their specific work conditions or uses: (b) identifying and selecting which garments meet the required level of visibility for any particular work conditions or uses; and (c) determining when garments require repair or replacement to meet the required level of visibility. If garment needs to be replaced outside of normal wear and tear, the customer will be charged the then current replacement value. Customer acknowledges and understands that the garments alone do not ensure visibility of the wearer. Customer further acknowledges that Company is relying upon Customer to determine whether any garments need repair or replacement to maintain the required level of visibility. Company represents only that the garments supplied satisfy certain ANSIIISEA standards to the extent the garments are so labeled. Customer acknowledges that Company has made no other representations, covenants or warranties whether express or implied, related to the garments. 10. In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that the Company allocated to Customer at the price indicated on Exhibit A of this Agreement. In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months' volume for each unique Customer Emblem or (b) a quantity agreed to by Company and Customer and noted on Exhibit A. 11, Terminating Employees. Subject to the provisions of this Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the Customer to the Company but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement Values, are returned to Company. 12. Replacement. In the event any Merchandise is lost, stolen or is not returned to Company, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said Merchandise at the then current Loss/Damage Replacement Values. 13. Indemnification. To the fullest extent permitted by law, Company agrees to defend, indemnify, pay on behalf of and save harmless the Participating Public Agency, its elected and appointed officials, agents, employees and authorized volunteers against any and all claims, ility, demands, suits or loss, including reasonable attorneys' fees and all other costs connected therewith, arising out of or connected to the services provided by Company under this Contract, but only to the extent of Company's negligence. 14. Additional Items. Additional customer employees, products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this agreement is terminated early for convenience, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Company for non-payment by Customer at any time Customer will pay to Company, as termination charges and not as a penalty based upon the following schedule: If this agreement is cancelled for convenience in the first twelve months of the term, Customer shall pay as termination charges equal to 50 weeks of rental service. If this agreement is cancelled for convenience in months thirteen (13) through eighteen (18) of the term, Customer shall pay as termination charges equal to 36 weeks of rental service. If this agreement is cancelled for convenience in months nineteen (19) through twenty-four (24) of the term, Customer shall pay as termination charges equal to 23 weeks of rental service. If this agreement is cancelled for convenience after 24 months of service, Customer shall pay as termination charges of 10 weeks of rental service. Customer shall also be responsible to return all of the Merchandise allocated to such Customer locations terminating this Agreement at the then current Loss/ Damage Replacement Values and for any unpaid charges on Customer's account prior to termination. 15. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided. I am authorized to sign on behalf of this company. In addition, I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms. 16. Prevailing Wage/Living Wage Customer represents and warrants that this agreement is not subject to laws pertaining to prevailing wages, living wages, or other wage and/or benefit requirements established by law ("Wage Statutes"). Customer agrees and acknowledges that it will not attempt to enforce any Wage Statuses in relation to this agreement and Customer hereby waives and releases Cintas from any and all fines, penalties, interest, or other costs, expenses, or charges of any type imposed by any federal, state, or local authority in relation to Cintas's failure to satisfy any such Wage Statute in relation to agreement. Cintas Location #: 0464 Customer Signature: By: RANIER ADAO Print Name: Title: KEY ACCOUNT MANAGER Print Title: Accepted -GM: Email: Cintas Enterprise Account ® Yes ❑ No Customer Contact: Cintas MAM Partners: AMANDA SMITH Customer Contact Email: Ranier ' Cintas Representative Initials:Adao nn C Item 5 Staff Report Pg. 6 Packet Pg. 100 of 692 J Page 2 of 5 Rev. 8.1.23 Accounts Payable Contact Items Attachment A - Omnia Billing Information Rental Acceptance THE WORKDAY Agreement How should the Business Name read on the invoice? CITY OF PALO ALTO Do you have other sites/locations within your comoanv that are set uo for billing with Cintas? ® YES ❑ NO ❑ UNSURE Are you Tax Exempt? ❑ YES ❑ NO If Yes, where can I get a copy of your tax-exempt form? PAYER INFORMATION: This section covers the address where the person who pays the bills is and their contact information. Account Payable Contact Name: VARIES PER SOLD TO Account Payable Contact Phone #: VARIES PER SOLD TO Account Payable Email: VARIES PER SOLD TO Paver Street Address: 250 HAMILTON AVENUE City: PALO ALTO ST/PROV: CA ZIP/PC: 94301-2531 We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address. BILL -TO INFORMATION: This section covers where the bill will be mailed/sent to. ❑ Same as Payer OR ® Same as Sold -To OR ❑ Portal/Third Party Bill -To Street Address: 250 HAMILTON AVENUE City: PALO ALTO ST/PROV: CA ZIP/PC: 94301-2531 WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING Invoice Delivery (choose one): 0 Leave at Site and Email ❑ Email Only ❑ Physically Mail ❑ Leave at site after service Do invoices require a purchase order? 91 YES ❑ NO If yes, please provide PO# VARIES PER SOLD TO Will the same PO need to aooear on each invoice? ® YES ❑ NO Is there an expiration date? VARIES PER SOLD TO PAYMENT TERMS: 2% Discount Net 15, Standard terms are Net 30 PAYMENT OPTIONS ❑ Check ❑ ACH/EFT - We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details ❑ Credit Card - We will have our Payment Center contact the AP Contact above for credit card details Unless noted below, your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing. myCintas allows you to conveniently access your account anytime using your computer, tablet, or mobile device! Ranier a v Cintas Representative Initials: Adao oofi C Item S; Staff Report Pg. 7 Packet Pg. 101 of 692 Page 3 of 5 Rev. 8.1.23 Item 5 Attachment A - Omnia Rental Acceptance CITY OF PALO ALTO FACILITIES Agreement 250 HAMILTON AVE PALO ALTO CA 94301-2531 CITY OF PALO ALTO METER 250 HAMILTON AVE PALO ALTO CA 94301-2531 CITY OF PALO ALTO WQCP 2501 EMBARCADERO WAY PALO ALTO CA 94303-3326 CITY OF PALO ALTO UTILITIES 1007 ELWELL CT PALO ALTO CA 94303-3326 CITY OF PALO ALTO PARK & REC 3201 E BAYSHORE RD PALO ALTO CA 94303-3326 CITY OF PALO ALTO PUBLIC 3201 E BAYSHORE RD PALO ALTO CA 94303-3213 PALO ALTO CA 94303-3326 CITY OF PALO ALTO STREET SWEEPERS 3201 E BAYSHORE RD PALO ALTO CA 94303-3213 PALO ALTO CA 94303-3326 CITY OF PALO ALTO PW EQUIPMENT 3201 E BAYSHORE RD PALO ALTO CA 94303-3213 PALO ALTO CA 94303-3326 CITY OF PALO ALTO UTIL ELECTRICIANS 3201 E BAYSHORE RD PALO ALTO CA 94303-3213 PALO ALTO CA 94303-3326 CITY OF PALO ALTO UTIL WELDERS 3201 E BAYSHORE RD PALO ALTO CA 94303-3213 CITY OF PALO ALTO PALO ALTO CA 94303-3326 Ranier Cintas Representative Initials:Adao C Items; Staff Report Pg. 9 Packet Pg. 103 of 692 Page 5 of 5 Rev. 8.1.23 Addendum A Location #: 0464 Contract # 210535235 Main Corporate Code — New CC 13218 GPO: 210321258 MLA: 210582673 Customer/Participating Agency: CITY OF PALO ALTO Item 5 Attachment B - Cintas Pricing Sheet THE WORKDAA Y' X20476 VEST/HI VIS/FR/SAFETY/YELLOW $ 1.224 X23390 WOMENS PANT STRETCH $ 0.376 X270 CARGO PANT $ 0.309 X271 WOMENS SHIRT NO PKT $ 0.428 X280 FR CARHARTT JEAN $ 0.590 X290 CARHARTT FR CARPENTR $ 0.389 X294 CARHARTT FR WORK SH $ 0.402 X330 COTTON WORK SHIRT $ 0.227 X340 COTTON WORK PANTS $ 0.239 X361 JCKT/INNER/WTRPRF/NV $ 1.960 X370 CARGO SHORTS $ 0.473 X381 CARHARTT 5 PKT JN $ 0.376 X382 CARHARTT CARP JN $ 0.376 X390 WOMENS PANT SUSAN $ 0.643 X391 CARHARTT FR CVRL $ 0.740 X394 CINTAS DENIM JEAN $ 0.376 X59294 CARHARTT FR WORK SH $ 1.817 X59925 LAB COAT/POPLIN $ 0.268 X60694 FR CTN/BLEND WORK SH $ 0.402 X61324 DENIM JEAN FR $ 0.564 X65777 FR JK 9.5OZ 88C/12N $ 2.017 X65858 88/12 JACKET LINER $ 2.017 X677 PERMA LINED JKT $ 0.469 X71692 WORKSHIRT $ 0.340 X74634 FR FULL SWING JACKET $ 4.573 X76006 CARPENTER JEAN RK $ 0.376 X76008 88/12 FR COVERALL $ 0.740 X76011 DICKIES CARGO SHORT7 $ 0.362 X76027 F STRETCH INDST PANT $ 0.165 X76227 HI VIS VEST $ 0.248 X76465 CVRLL HIVIS LS ANSI $ 1.412 X894 DENIM JEAN $ 0.376 X910 COTTON COVERALLS $ 0.430 X912 COVERALL $ 0.363 X935 COMFORT SHIRT $ 0.201 X945 COMFORT PANT $ 0.214 X970 HIP LENGTH JKT $ 0.483 Item 5: Staff Report Pg. 10 Packet Pg. 104 of 692 Addendum A Location #: 0464 Contract # 210535235 Main Corporate Code — New CC 13218 GPO: 210321258 MLA: 210582673 Customer/Participating Agency: CITY OF PALO ALTO Item 5 Attachment B - Cintas Pricing Sheet THE WORKDAA Y' X10184 • 3X5 ACTIVE SCRAPER • WEEKLY •• ANY $ 2.690 X10184 3X5 ACTIVE SCRAPER BIWEEKLY ANY $ 4.037 X10196 3X5 TRAFFIC MAT WEEKLY ANY $ 2.690 X10197 4X6 TRAFFIC MAT BIWEEKLY ANY $ 4.037 X10197 4X6 TRAFFIC MAT WEEKLY ANY $ 2.690 X10198 3X10 TRAFFIC MAT WEEKLY ANY $ 4.037 X10202 3X10 XTRAC MAT ONYX WEEKLY ANY $ 10.348 X1405 HAND SANITIZER SVC WEEKLY ANY $ 5.500 X1919 2X3 WELLNESS AF MAT ONYX BIWEEKLY ANY $ 2.700 X1919 2X3 WELLNESS AF MAT ONYX WEEKLY ANY $ 1.960 X2160 SM SHOP TWL-RED WEEKLY ANY $ 0.080 X2173 GLASS TOWEL -RED WEEKLY ANY $ 0.214 X2477 3X5 SCRAPER MAT WEEKLY ANY $ 1.345 X2477 3X5 SCRAPER MAT BIWEEKLY ANY $ 2.690 X2720 BATH TOWEL -WHITE WEEKLY ANY $ 0.295 X6273 LOCKER STAND WEEKLY ANY $ - X8000 LOCKER 8 COMP HANGER WEEKLY ANY $ - X8071 SIG SANT ALC FM RFL BIWEEKLY ANY $ - X8072 SIG SANT SVC BIWEEKLY ANY $ 6.000 X84030 3X10 GRAY MAT BIWEEKLY ANY $ 2.422 X84030 3X10 GRAY MAT WEEKLY ANY $ 2.422 X84302 3X5 SAFETY MAT WEEKLY ANY $ 4.037 X84330 3X5 GRAY MAT WEEKLY ANY $ 1.613 X84330 3X5 GRAY MAT BIWEEKLY ANY $ 1.613 X84430 4X6 GRAY MAT BIWEEKLY ANY $ 2.613 X84430 4X6 GRAY MAT WEEKLY ANY $ 2.017 X84430 4X6 GRAY MAT BIWEEKLY ANY $ 2.017 X9326 800 ABFOAM SOAP SVC WEEKLY ANY $ 5.880 X9327 800 ABFOAM SOAP REFILL MONTHLY ANY $ - X9982 AUTO SOAP DISP - WH WEEKLY ANY $ 0.653 Item 5: Staff Report Pg. 11 Packet Pg. 105 of 692 Item 6 Item 6 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Library ALTO Meeting Date: June 18, 2024 Report #:2405-3034 TITLE Approval of Contract Number C25190507 with OverDrive in an Amount Not to Exceed $200,000 to Provide Library Electronic Content ("E -Content") for a Period of Two Years; CEQA status — not a project. RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C25190507 (Attachment A), with OverDrive, to provide library e -content (digital materials) for a term of two years and a total amount not -to -exceed $200,000, with the option to extend one additional year for a total amount not -to -exceed $300,000. (Authorization of the third year will require a contract amendment and Council approval) EXECUTIVE SUMMARY This contract enables the Library to acquire e -content (digital materials). The formats include e - books, audiobooks, e -magazines and streaming media. The Library will use OverDrive as a primary supplier of e -content and services related to the acquisition of e -content. BACKGROUND The Library provides a critical service to the community, offering an invaluable reading and learning resource to users of all ages. OverDrive allows the Library to expand its reach and engagement with a digital collection, providing access to e -books, audiobooks, e -magazine, streaming media (video and music). OverDrive works with over 6,000 suppliers to aggregate a catalog of over 5 million titles in over 100 languages. OverDrive launched our content distribution service in 2000 and now offers the largest digital content catalog in the world to more than 92,000 libraries and schools in 115 countries. Item 6: Staff Report Pg. 1 Packet Pg. 106 of 692 Item 6 Item 6 Staff Report In FY 2023, e -content items were checked out 120,000 times by Library patrons. 50% of those checkouts were e -books and 40% of e -book checkouts were in the Kindle format. OverDrive is the only digital library lending provider that offers downloads in the Kindle format and compatibility with all generations of the Amazon Kindle. ANALYSIS The role of an e -content service provider, such as OverDrive, is to negotiate agreements with e - content publishers in order to provide the Library with a wide diverse selection of e -content materials. Obtaining e -content from an e -content service provider offers a variety of advantages over purchasing from individual publishers. The negotiations that the e -content service provider undertakes when building their own inventory translates into higher discounts off list or retail prices due to the volume purchasing they provide. These prices are typically unavailable to libraries that work with individual publishers. E -content service providers are often able to provide larger and more varied inventories compared to individual publishers. E -content service providers also support a streamlined ordering platform for staff and patrons that provides easy access to the most popular materials. Tools, such as apps, allow library users to easily browse and access the content they offer. Ultimately, this satisfies the requests of the Library customer base with a more organized and streamlined e -content experience. Solicitation Process: City staff issued a Request for Proposal (RFP) on March 6, 2024 for the provision of e -content to the Library. Table 1: Summary of Request for Proposal Proposal Description RFP Library eContent Services Proposed Length of Project 2 Years with an option to extend one year Request for Proposal Issued 2/6/24 Number of Vendors Notified 2,934 Total Days to Respond to Proposal 160 Number of RFP Packages Downloaded 16 Pre -Proposal Meeting and Date NA Number of Company Attendees at Pre- proposal meeting(s) NA Number of Proposals Received 6 Proposal Price Range $0.00 - $370,000 Number of Companies Interviewed NA Final Negotiated Contract Price (Basic Services) $200,000/two years Item 6: Staff Report Pg. 2 Packet Pg. 107 of 692 Item 6 Item 6 Staff Report Public Link to Solicitation https://procurement.opengov.com/portal/palo- a lto-ca/projects/82555 The proposals were evaluated and four proposals were determined to be responsive to the criteria identified in the RFP. An evaluation committee consisting of Library staff convened to evaluate the proposals that met the RFP criteria. OverDrive was selected because of the quality and effectiveness of their proposal and overall solution, the experience of their firm, financial stability, prior record of performance with the City, and their ability to provide future services. It is also the least expensive. Additionally, OverDrive's content, user interface, selection and workflow were determined to be superior to other proposers. FISCAL/RESOURCE IMPACT Funding for this contract is included in the department's FY 2025 Proposed Operating Budget and no additional funding is needed; future years of the contract are subject to the annual appropriation of funds. STAKEHOLDER ENGAGEMENT Staff has ongoing stakeholder engagement with the public on all library collections, including e - content purchasing, through a website feedback form, email and phone calls. ENVIRONMENTAL REVIEW Approval of contracts to purchase library materials does not constitute a project under the California Environmental Quality Act guidelines 15061(b)(3) ATTACHMENTS Attachment A: OverDrive Contract C25190507 APPROVED BY: Gayathri Kanth, Library Director Item 6: Staff Report Pg. 3 Packet Pg. 108 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 CITY OF PALO ALTO CONTRACT NO. C25190507 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 10th day of June, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and OVERDRIVE, Inc. a Delaware corporation, located at One OverDrive Way, Cleveland, Ohio 44125, Telephone Number: (216) 573-6886 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the "Services") described in the Scope of Services, attached at Exhibit A. ❑ Optional On -Call Provision (This provision only applies if checked and only applies to on -call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: "A" - Scope of Services "B" - Schedule of Performance "C" — Schedule of Fees "D" - Insurance Requirements CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from July 1, 2024, to June 30, 2026, with an option to extend one year, inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. The optional third year shall be subject to mutual agreement and a written amendment to this Agreement. City of Palo Alto General Services Agreement 1 Rev. March 29, 2018 Item 6: Staff Report Pg. 4 Packet Pg. 109 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not -to -exceed compensation for the full performance of the Services and reimbursable expenses, if any: r The total maximum lump sum compensation of dollars ($ ); OR r The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR r A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Two Hundred Thousand dollars ($200,000.00). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR's proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. 6. COMPENSATION DURING ADDITIONAL TERMS. City of Palo Alto General Services Agreement 2 Rev. March 29, 2018 Item 6: Staff Report Pg. 5 Packet Pg. 110 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 CONTRACTOR'S compensation rates for each additional term shall be the same as the original term, OR CONTRACTOR's compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, orfees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR's compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR's compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For purposes of this Section 7, a "9204 Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in "Appendix — Claims for Public Contract Code Section 9204 Public Works Projects". L This project is a 9204 Public Works Project and is required to comply with the claim's procedures set forth in Appendix _, attached hereto and incorporated herein. OR EThis project is not a 9204 Public Works Project. 8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Julie Finklang, Dept.: Library, Telephone: (650) 329-2517. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. City of Palo Alto General Services Agreement 3 Rev. March 29, 2018 Item 6: Staff Report Pg. 6 Packet Pg. 111 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled "SERVICES," and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR's representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR's business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) City of Palo Alto General Services Agreement 4 Rev. March 29, 2018 Item 6: Staff Report Pg. 7 Packet Pg. 112 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR's performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR's performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR's request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR's work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. Intentionally omitted. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, provided that City provides CONTRACTOR thirty (30) days' prior written notice, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR's records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate City of Palo Alto General Services Agreement 5 Rev. March 29, 2018 Item 6: Staff Report Pg. 8 Packet Pg. 113 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best's Key Rating of A - :VII or higher and which are otherwise acceptable to CITY's Risk Manager. The Risk Manager must approve deductibles and self -insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR's liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney's fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the CONTRACTOR'S performance of this Agreement. CONTRACTOR's obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for City of Palo Alto General Services Agreement 6 Rev. March 29, 2018 Item 6: Staff Report Pg. 9 Packet Pg. 114 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving thirty (30) days' prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, City Manager shall inform CONTRACTOR of its failure to perform such material obligations and allow CONTRACTOR thirty (30) days to cure its breach of obligations. If CONTRACTOR is not able to cure its breach of its material obligations under this Agreement after thirty (30) days, the City Manager, in addition to all other remedies provided by law, may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR's failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, and computations, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be City of Palo Alto General Services Agreement 7 Rev. March 29, 2018 Item 6: Staff Report Pg. 10 Packet Pg. 115 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the mutual written consent of CITY and CONTRACTOR. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, and the OverDrive Library Participation Form for Northern California Digital Library Consortium signed by City on November 19, 2020 represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY's Environmentally Preferred Purchasing policies which are available at CITY's Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or City of Palo Alto General Services Agreement 8 Rev. March 29, 2018 Item 6: Staff Report Pg. 11 Packet Pg. 116 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements: • All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double - sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable -based inks. • Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY's Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division's office. • Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, 'improvement') project of more than $15,000. OR ❑ Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the City of Palo Alto General Services Agreement 9 Rev. March 29, 2018 Item 6: Staff Report Pg. 12 Packet Pg. 117 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 Department of Industrial Relations ("DIR"). Copies of these rates may be obtained at the Purchasing Division's office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR's proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR's proposal, the exhibits shall control. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO OVERDRIVE DocuSigned by: fma (,ate an By City Manager or Designee Erica Lazzaro Name General Counsel Title DocuSigned by: d` aVltity By Approved as to form: Greg Farmer City Attorney or Designee Name Title EXHIBIT A SCOPE OF SERVICES Chief Financial Officer • CONTRACTOR provides a series of services and digital content materials that enable public libraries to lend popular audiobooks, eBooks, streaming video and music, digital magazines and other digital content via the Palo Alto City Library's website on a single platform. • CONTRACTOR offers a catalog of over 5 million titles in over 100 languages. • CONTRACTOR provides an easy -to -use administrative portal, OverDrive Marketplace, that simplifies content selection, purchase, usage statistics and activity tracking via real-time reporting features available 24/7/365. City of Palo Alto General Services Agreement 10 Rev. March 29, 2018 Item 6: Staff Report Pg. 13 Packet Pg. 118 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 • CONTRACTOR provides training is at no additional cost, both virtually and on site, in person. • CONTRACTOR provides customized website, complete with a logo and custom colors, social media graphics and customized marketing materials. • CONTRACTOR provides user friendly apps for accessing digital content including: o Libby (digital library app for public libraries, corporations, and colleges), o Kanopy (video streaming for all groups). • CONTRACTOR provides support for wide variety of devices including: o Windows devices o Mac, iOS devices (iPad, iPod, iPhone) o Android devices o Chromebooks o all generations of the Amazon Kindle- exclusively available from OverDrive o Kobo ereaders o Nook tablets and ereaders o Adobe -compatible ereaders • CONTRACTOR provides quality MARC records and APIs to integrate ebook, audiobook, and magazine content into ILS and discovery platforms. • CONTRACTOR supports the Palo Alto City Library's membership in the Northern California Digital Library consortium by providing the ability for patrons to access all content purchased by the consortium as well as the content purchased from the Library's private Overdrive Advantage account. • CONTRACTOR provides websites and apps that support screen readers, keyboard navigation, voice control, and other assistive technologies and accessibility features. • CONTRACTOR provides customizable digital book lending policies to manage access and usage of materials. • CONTRACTOR provides a dedicated Digital Content Librarian to assist with supplier selection. • CONTRACTOR offers a variety of standing order plans for fiction, non-fiction, adult, and children's titles and will allow plans to be set up by frequency, price, number of titles, genre, specific publisher and other factors as well as custom specifications. • CONTRACTOR offers flexible purchasing options and multiple lending models. CONTRACTOR offers a user interface in multiple world languages. City of Palo Alto General Services Agreement 11 Rev. March 29, 2018 Item 6: Staff Report Pg. 14 Packet Pg. 119 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive EXHIBIT B Contract C25190507 SCHEDULE OF PERFORMANCE CHOOSE ONE OF THESE ALTERNATIVES TO DESCRIBE SCHEDULE: Alternative 1. CONTRACTOR shall perform the Services according to the following schedule: Year One Services: July 1, 2024 — June 30, 2025 Year Two Services: July 1, 2025 — June 30, 2026 Optional Year Three: July 1, 2026 — June 30, 2027 /1 City of Palo Alto General Services Agreement 12 Rev. March 29, 2018 Item 6: Staff Report Pg. 15 Packet Pg. 120 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 EXHIBIT C SCHEDULE OF FEES CHOOSE ONE OF THE FOLLOWING TYPES OF STANDARD COMPENSATION LANGUAGE AND MODIFY AS NECESSARY ® ALTERNATIVE 1. Compensation based upon deliverables CITY shall compensate CONTRACTOR for performance of the Services according to the following schedule, with the maximum amount of compensation not to exceed the amount stated in Sections 5 and 6 of this Agreement: YEAR ONE July 1, 2024 — June 30, 2025 $100,000.00 YEAR TWO July 1, 2025 — June 30, 2026 $100,000.00 TWO YEAR TOTAL $200,000.00 Optional Three -Year Total July 1, 2026 — June 30, 2027 $100,000.00 THREE YEAR TOTAL $300,000.00 All Payments are based upon CITY's acceptance of CONTRACTOR's performance of the phase as evidenced by successful completion of the Deliverable for that Phase. CITY shall have no obligation to pay unless CONTRACTOR has successfully completed and CITY has approved the Project Phase for which payment is due. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts stated in Sections 5 and 6 of the Agreement. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. City of Palo Alto General Services Agreement 13 Rev. March 29, 2018 Item 6: Staff Report Pg. 16 Packet Pg. 121 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY YES EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, - EACH OCCURRENCE $1,000,000 $1,000,000 YES INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON -OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, NO INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT YES ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. INSURANCE COVERAGE MUST INCLUDE: A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE City of Palo Alto General Services Agreement 14 Rev. March 29, 2018 Item 6: Staff Report Pg. 17 Packet Pg. 122 of 692 DocuSign Envelope ID: B24F7F9B-EA9C-4CD1-B0A3-FC4BB2AC99E6 Item 6 Attachment A - OverDrive Contract C25190507 WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE EMAILED TO: PURCHASINGSUPPORT(&,CITYOFPALOALTO.ORG City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 Item 6: Staff Report Pg. 18 Packet Pg. 123 of 692 Item 6 Atetachment A - OverDriv Contract C25190507 GUSTgn Certificate Of Completion Envelope Id: B24F7F9BEA9C4CD1 B0A3FC4BB2AC99E6 Subject: Complete with Docusign: C25190507_Library_eContect_OverDrive_05.30.24_Final.pdf Source Envelope: Document Pages: 15 Signatures: 2 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 5/30/2024 12:50:16 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Erica Lazzaro elazzaro@overdrive.com General Counsel Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Greg Farmer gfarmer@overdrive.com Chief Financial Officer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Julie Finklang Julie. Finklang@CityofPaloAlto.org Division Head Library Services Copa Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Lujan, Albert Albert.Lujan@CityofPaloAlto.org Pool: StateLocal Pool: City of Palo Alto Signature EDI-Si,"ed by: 49E3CFE889B34A9... Signature Adoption: Pre -selected Style Using IP Address: 107.10.227.234 Signed using mobile EDocuSigned by C6075E098770409... Signature Adoption: Pre -selected Style Using IP Address: 104.230.2.128 Signature Status Status Status Status Status COPIED Status: Completed Envelope Originator: Lujan, Albert 250 Hamilton Ave Palo Alto , CA 94301 Albert.Lujan@CityofPaloAlto.org IP Address: 199.33.32.254 Location: DocuSign Location: DocuSign Timestamp Sent: 5/30/2024 12:55:55 PM Viewed: 5/30/2024 2:08:53 PM Signed: 5/30/2024 2:09:01 PM Sent: 5/30/2024 2:09:03 PM Viewed: 5/31/2024 10:23:35 AM Signed: 5/31/2024 10:23:55 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 5/31/2024 10:23:57 AM Item 6: Staff Report Pg. 19 Packet Pg. 124 of 692 Item 6 Attachment A - OverDrive Carbon Copy Events Status Timest Contract 025190507 Sarah Wilson COPIED Sent: 5/31/210:23:58 AM sarah.wilson@cityofpaloalto.org Viewed: 5/31/2024 10:38:12 AM Management Analyst City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/30/2024 12:55:55 PM Certified Delivered Security Checked 5/31/2024 10:23:35 AM Signing Complete Security Checked 5/31/2024 10:23:55 AM Completed Security Checked 5/31/2024 10:23:58 AM Payment Events Status Timestamps Item 6: Staff Report Pg. 20 Packet Pg. 125 of 692 Item 7 Item 7 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: June 18, 2024 Report #:2405-3025 TITLE Approval of Professional Service Contract Number C25191000 with Grassroots Ecology in an Amount Not -to -Exceed $612,027 for Land Stewardship Services at Pearson-Arastradero Preserve for a period of Five Years; CEQA status — categorically exempt. RECOMMENDATION Staff recommends that City Council approve and authorize the City Manager or their designee to execute Contract C25191000 (Attachment A) with Grassroots Ecology for Stewardship at Pearson-Arastradero Preserve for a term of five years and a total not -to -exceed $612,027, with a mutual renewal option for an additional five years. EXECUTIVE SUMMARY In 1996, the City initiated a stewardship program and later an agreement with Bay Area Action for habitat restoration and environmental education at the Enid W. Pearson Arastradero Preserve (Preserve). Since then, Bay Area Action and successor organizations Acterra and Grassroots Ecology have been the Stewards of the Preserve implementing the Arastradero Management Plan. After solicitation for proposals, staff is recommending City Council's approval of a five-year contract with Grassroots Ecology to continue being the Steward of the Preserve. The amount of the contract over the five-year period is $612,027. BACKGROUND On March 11, 1996, City Council adopted a five -point plan for the management of the Preserve and gave direction to staff to explore opportunities for leveraging City resources to ensure future maintenance and oversight of the natural resources of the Preserve. This direction included: 1. Explore the possibility of a public/private stewardship agreement; Item 7: Staff Report Pg. 1 Packet Pg. 126 of 692 Item 7 Item 7 Staff Report 2. Removal of all existing building structures including a house site, cottage, and barn; 3. Restoration of habitat in the areas where the structures were located; 4. Explore the potential for a new modest facility as an educational gateway to the Preserve; 5. Create a mechanism to allow funding for some or all elements of the Preserve Management Plan. On May 13, 1996, City Council approved the Arastradero Preserve project work plan'. One element of the work plan addressed the development of the concept of a public/private partnership for stewardship of the Preserve. On November 4, 1996, City Council approved the Arastradero Preserve Management Plan and the concept of a stewardship agreement with a local non-profit organization2. At its April 28, 1997 meeting, City Council approved a five-year contract with Bay Area Action to act as the steward of the Preserve and to implement action steps of the Arastradero Management Plan. Since 1997, Bay Area Action and successor organizations Acterra and Grassroots Ecology have been contracted as the land steward for the Preserve. They have and continue to meet and exceed goals of the Arastradero Management Plan. ANALYSIS Annually, the Steward collaborates with the Preserve's Supervising Ranger to develop a workplan. Some aspects of the work have included the following: • Native plant revegetation along the riparian corridors of Mayfly and Arastradero Creeks • Removal or management of target invasive plant species, including stinkwort, medusahead, thistles, teasel, and hemlock • Protecting and monitoring native tree saplings to allow the next generation of trees to grow to maturity • Monitoring and maintenance of wildlife cameras • Installing, monitoring, and maintenance of bird boxes The Preserve's Stewards have used a community outreach model to achieve their respective workplans. Each year, they plan and coordinate volunteers for workdays while also providing youth with an afterschool program focused on environmental science topics and habitat restoration. They also provide interpretive programs for the general public. Currently and planned for Fiscal Year 2025, the community outreach includes the following: • 20 volunteer engagement workdays consisting of 1,200 volunteer hours • 10 to 16 events with youth engagement and education 1 City Council, May 13, 1996; CMR:253:96, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=65516 2 City Council, November 4, 1996; CMR:423:96, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=66299 Item 7: Staff Report Pg. 2 Packet Pg. 127 of 692 Item 7 Item 7 Staff Report • Four public days of interpretive engagement covering environmental topics to develop a relationship between visitors and the Preserve To continue stewardship at the Preserve and meet the goals of the Preserve's Management Plan, staff recommends City Council approval of contract C25191000 with Grassroots Ecology. The contract's scope of work is in accordance with the Management Plan and includes native plant revegetation, invasive plant management, community outreach, project management, and various tasks to be agreed upon by the Steward and City staff. Establishing a contract with a local non-profit such as Grassroots Ecology is in accordance with the Management Plan and consistent with the City's public/private partnership policy. Request for Proposal Process An RFP was solicited through the City's online OpenGov eProcurement platform on April 19, 2024 as RFP 191000 and 3,068 vendors were notified. The solicitation period was posted for 21 days, downloaded by eight organizations and one proposal was received. As the Preserve's management plan calls for a local non-profit organization to be the Steward, notification of the RFP solicitation was also sent by staff to three habitat restoration non -profits in the Bay Area region. Of the eight organizations which downloaded the solicitation, only Grassroots Ecology attended a mandatory pre -proposal meeting and was the only one to submit a proposal. After the submittal deadline, staff inquired with several potential vendors and received responses from three of them. One organization informed staff that they do not respond to open solicitations, another responded that they didn't see the solicitation, and one more informed staff that they only publish potential projects for their members to review. Proposal Description Arastradero Stewardship / RFP 191000 Proposed Length of Project 5 Years Number Vendors Notified 3,068 Notices Number of Proposal Packages Downloaded 8 Downloads Total Days to Respond to Proposal 21 Days Pre -Proposal Meeting Yes, Mandatory Pre -Proposal Meeting Date April 24, 2024 Number of Proposals Received 1 Proposal Proposal Cost $115,475 for Year 1 with 3% annual increase Public Link to Solicitation https://procurement.opengov.com/portal/palo- alto-ca/projects/91221 Proposal Review Process Staff reviewed the proposal from Grassroots Ecology for adherence to the solicited scope of services, organization profile, stewardship of open space areas in other local jurisdictions, and cost proposal. All reviewers independently scored the proposal highly and within a close range of scores. The proposal closely matched the solicitation's scope of services and the differences Item 7: Staff Report Pg. 3 Packet Pg. 128 of 692 Item 7 Item 7 Staff Report do not impact the intended outcome and achievements. Grassroots Ecology has performed well in past partnerships and the organization's profile of staff and experience is well matched with the tasks of a Steward for the Preserve. Additionally, Grassroots Ecology has established volunteer and education programs. FISCAL/RESOURCE IMPACT The cost for Year 1 is $115,475 and is funded within the base budget of the Community Services Department's Proposed Fiscal Year 2025 Operating Budget. Annually, for Years 2 through 5 there is a 3% cost increase. As the City's funding allocation needs to be augmented for the Steward of the Preserve to achieve the goals and scope of work, the Steward is required to financially fundraise to supplement funds from the City. The proposal from Grassroots Ecology identifies three grants which they have been awarded to support stewardship of the Preserve. They have been awarded a four-year $145,000 grant from Valley Water to replace invasive teasel with native plants along Arastradero Creek, a four-year $80,000 grant from Valley Water to create pollinator habitat within the Preserve, and a three-year $33,000 grant from California Coastal Conservancy to manage medusahead grass to reduce fire risk. STAKEHOLDER ENGAGEMENT The solicitation for a Steward of the Preserve was coordinated between staff of the Community Services Department and staff within the Purchasing Division. Upon issuance of the solicitation, staff notified three local non -profits who perform habitat restoration and provide environmental education. ENVIRONMENTAL REVIEW Council action on this item is categorically exempt under CEQA section 15301 of the CEQA Guidelines. ATTACHMENTS Attachment A: Contract C25191000 with Grassroots Ecology APPROVED BY: Kristen O'Kane, Community Services Director Item 7: Staff Report Pg. 4 Packet Pg. 129 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Grassroots Ecology CITY OF PALO ALTO CONTRACT NO. C2519100 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND GRASSROOTS ECOLOGY This Agreement for Professional Services (this "Agreement") is entered into as of the 17th day of June, 2024 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and GRASSROOTS ECOLOGY, a California Nonprofit Corporation, located at 3921 East Bayshore Road, Palo alto, CA 94303 ("CONSULTANT"). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to maintain the Pearson-Arastradero Preserve (the "Project") and desires to engage a consultant to provide land stewardship services at Pearson-Arastradero Preserve in connection with the Project (the "Services", as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled "SCOPE OF SERVICES". NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from July 1, 2024 through June 30, 2029, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. A renewal option for a period or periods of up to 5 years (from July 1, 2029 through June 30, 2034, is available as mutually agreed, to be executed in accordance with Section 29.4 of this Agreement. Absent a mutually extended agreement, the City reserves the right to extend this Agreement for up to six months. During such six-month extension period, the parties may agree to a renewal option as provided for herein. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance Professional Services Rev. Jan 29, 2024 Page 1 of 23 Item 7: Staff Report Pg. 5 Packet Pg. 130 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with of Services under this Agreement. CONSULTANT shall complete the Servi1 Grassroots Ecology of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled SLHLL) LE OF PERFORMANCE". Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Six Hundred Twelve Thousand Twenty -Seven Dollars ($612,027). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT's schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY's Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, Professional Services Rev. Jan 29, 2024 Page 2 of 23 Item 7: Staff Report Pg. 6 Packet Pg. 131 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with including, but not limited to, increases in the cost of Services, arisin Grassroots Ecology by CONSULTANT's errors and omissions, including, but not limited to, the cosis ot corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY'S stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers' compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT's performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT's provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. ® Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Claire Gist, Professional Services Rev. Jan 29, 2024 Page 3 of 23 Item 7: Staff Report Pg. 7 Packet Pg. 132 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Telephone: (503) 939-4741, Email:claireg@grassrootsecology.org as tl Grassroots Ecology T's Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT's Project Manager or any other of CONSULTANT's key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's Project Manager. CONSULTANT, at CITY's request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY's Project Manager is Michael Warner, Community ServiceDepartment, Open Space, Parks and Golf Division, 3300 Page Mill Road, Los Altos Hills, CA, zipcode: 94022, Telephone:(650) 329-2423. CITY's Project Manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT's records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. ® 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney's fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. Professional Services Rev. Jan 29, 2024 Page 4 of 23 Item 7: Staff Report Pg. 8 Packet Pg. 133 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Grassroots Ecology 16.2. Notwithstanding the above, nothing in this Section 16 snaIl be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 16.3. The acceptance of CONSULTANT's Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled "INSURANCE REQUIREMENTS". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss Professional Services Rev. Jan 29, 2024 Page 5 of 23 Item 7: Staff Report Pg. 9 Packet Pg. 134 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with caused by or directly arising as a result of the Services performed under this 1.Grassroots Ecology ing such damage, injury, or loss arising after the Agreement is terminated or theterm nas expire . SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. Professional Services Rev. Jan 29, 2024 Page 6 of 23 Item 7: Staff Report Pg. 10 Packet Pg. 135 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Grassroots Ecology CONSULTANT shall provide written notice to CITY of any c ange ot adaress. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a "Consultant" as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person's race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at CITY's Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program. Zero Professional Services Rev. Jan 29, 2024 Page 7 of 23 Item 7: Staff Report Pg. 11 Packet Pg. 136 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Waste best practices include, first, minimizing and reducing waste; second Grassroots Ecology nd, third, recycling or composting waste. In particular, CONSULTANT shall comply wirn the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable -based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department's office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. ® 26.1. This Project is subject to prevailing wages and related requirements as a "public works" under California Labor Code Sections 1720 et seq. and related regulations. CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time except for work exempted by Section 1720.4 of the California Labor Code relating to volunteers. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations Professional Services Rev. Jan 29, 2024 Page 8 of 23 Item 7: Staff Report Pg. 12 Packet Pg. 137 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with ("DIR"). Copies of these rates maybe obtained at the CITY's Purchasing D Grassroots Ecology he general prevailing wage rates are also available at the DIR, Division of'Labor or a is ics and Research, web site (see e.g.http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled "DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS", for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR. SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For purposes of this Section 27, a "9204 Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects". ® This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects". SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY's Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT's obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. "Confidential Information" means all data, information (including without limitation "Personal Information" about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Professional Services Rev. Jan 29, 2024 Page 9 of 23 Item 7: Staff Report Pg. 13 Packet Pg. 138 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Agreement; (ii) was rightfully in CONSULTANT's possession free Grassroots Ecology of confidence prior to receipt of Confidential Information; (iii) is righttuny otta1ne by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Professional Services Rev. Jan 29, 2024 Page 10 of 23 Item 7: Staff Report Pg. 14 Packet Pg. 139 of 692 DocuSign Envelope ID: 8A1 E6473-98EC-438B-871 C-250B337E2211 Code, as amended from time to time. Item 7 Attachment A - Contract C25191000 with Grassroots Ecology 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT'S proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT'S proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Professional Services Rev. Jan 29, 2024 Page 11 of 23 Item 7: Staff Report Pg. 15 Packet Pg. 140 of 692 DocuSign Envelope ID: 8A1 E6473-98EC-438B-871 C-250B337E2211 Item 7 Attachment A - Contract C25191000 with CONTRACT No. C25191000 SIGNATURE PAGE Grassroots Ecology IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee GRASSROOTS ECOLOGY Officer I DocuSigned by: By: C6E8938775134AE... Name: Alex Von Feldt Title: Co -Executive Director Officer 2 By: DocuSigned by: AA6FE18C77F3426... Name: Fran Callan Title: Business Director Professional Services Rev. Jan 29, 2024 Page 12 of 23 Item 7: Staff Report Pg. 16 Packet Pg. 141 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with EXHIBIT A L Grassroots Ecology SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". Notwithstanding any provision herein to the contrary, CONSULTANT's duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. Scope of Services As part of the Pearson-Arastradero Management Plan, the Pearson-Arastradero Preserve Steward is tasked with habitat restoration, removal and control of non-native, invasive weeds, trail maintenance and repair, educational activities, research, and riparian habitat management, and recommending an annual habitat restoration plan. Essential is overseeing community engagement and habitat restoration activities at the Preserve. The Steward is expected to have knowledge of and skills in the latest habitat restoration techniques. The Steward is responsible for recruiting for, organizing, and managing volunteer workdays to accomplish the habitat restoration goals. The Steward will develop and manage an afterschool program for local youth that combines environmental education with hands-on opportunities to improve the habitat. The stewardship program is to seek volunteers from a variety of age groups and demographic backgrounds and the Steward is to incorporate best practices in the areas of diversity, equity, and inclusion to create a rich volunteer experience. The Steward is also expected to raise funds from outside sources in addition to the City's contribution to achieve the services below. Interested consultants are to include in their proposal their plan to raise funds. The Steward is required to be a non-profit 501(c)3 organization focused on ecological and environmental protection. The Steward is required to LiveScan employees. CONSULTANT shall provide the following services • Coordinate stewardship activities on the Preserve • Under the direction of the City, perform habitat restoration and removal and/or control of non-native, invasive weeds. • Under the direction of the City, provide and staff educational programs to educate the public about the preserve habitat restoration activities including weed management and habitat enhancement. Professional Services Rev. Jan 29, 2024 Page 13 of 23 Item 7: Staff Report Pg. 17 Packet Pg. 142 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with • Under the direction of the City, mobilize volunteers for preserve prc Grassroots Ecology S. • Steward may perform other services related to the preservation, protection, and enhancement of the Preserve, as approved by the City. Work Plan: Community Outreach Volunteer outreach: Outreach to and coordinate with schools and other partner organizations through website, emails, newsletter, and presentations. Volunteer engagement: Host public volunteer workdays with annual targets of: • 20 workday events annually • 1,200 volunteer hours annually Manage registration, insurance waivers, and safety for all volunteers. Provide educational content at volunteer workdays so that volunteers have an enriching experience. Youth Stewards Program: Develop and run an afterschool program for youth to participate in habitat restoration and stewardship activities while developing a meaningful relationship with the preserve. Develop site specific curriculum that includes environmental science topics and covers environmental justice themes. Annual targets include: • 10-16 events annually Interpretive events: Provide 4 annual public events throughout the year that cover a variety of environmental and educational topics. Interpretive signage: Maintain and update signage in the Gateway Facility as needed. Preserve visitor engagement: Be a presence at the Preserve and provide information and answer questions about restoration activities to preserve visitors. Networking/Partnerships: Attend convenings such as Weed Management Area meetings and/or other appropriate conferences as time permits to connect with other local restoration experts. Native Plant Revegetation and Maintenance Install native plants: Annually, propagate locally native watershed -specific plants according to the latest phytosanitary protocols. Develop an annual planting list based on specific site requirements. Install 350+ native plants annually in existing restoration zones including: • The Gateway Facility area • Mayfly Creek area • Arastradero Creek riparian corridor Maintain native planting areas: Annually, maintain new and historic planting areas through regular weeding, watering, mulching, and pruning, including: • The Gateway Facility area • Mayfly Creek area • Arastradero Creek riparian corridor Monitor and maintain native trees: Annually, implement tree monitoring and maintenance plan: • Monitor and maintain trees that were protected as part of previous projects, including City of Palo Alto golf course mitigation, San Francisquito Creek JPA mitigation and the Re-oaking Silicon Valley project. • Monitor for health and maintenance needs then remove any protection deemed unneeded/overgrown. Riparian enhancement of Mayfly and Arastradero Creeks, annually: Professional Services Rev. Jan 29, 2024 Page 14 of 23 Item 7: Staff Report Pg. 18 Packet Pg. 143 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract • Infill willow stakes where appropriate along the creek. C25191000 with L Grassroots Ecology • Maintain willow cuttings through weeding and watering. • Remove target invasive species along riparian corridors. • Install native plants along riparian corridors when appropriate. Invasive Plant Management, annually and subject to change based on discussion with City's contract manager and/or Supervising Ranger: Yellow starthistle: • Map yellow starthistle preserve wide on Calflora. Create a mowing recommendation for Rangers to manage large populations. Hand pull or weed whip small populations and resprouts within mow areas with volunteers. Stinkwort: • Handpull all known stinkwort within the preserve and map populations on Calflora. Medusahead: • Map medusahead populations preserve wide on Calflora. Weed whip as much of the population as possible. The goal is to prevent dense populations from spreading deeper into the preserve. Italian thistle: • While Italian thistle is prolific throughout the preserve, regular removal and maintenance will be prioritized within active restoration areas. Other species: • Poison hemlock, mustard species, purple starthistle, teasel, French broom, Harding grass, bull thistle, sow thistle, and milk thistle will be monitored for and removed when feasible. Poison hemlock, Purple starthistle and French broom are mapped using Calflora. Management of these species will be prioritized within active restoration areas. Project Management: Technical expertise: Provide technical expertise and collaboration to other City of Palo Alto departments as requested. Manage project: Oversee completion of work plan deliverables and quality of project delivery. Mid-yearport: Annually by City fiscal year, create and provide progress reports to the Rangers regarding previous and scheduled events and activities. Year-end report: Annually by City fiscal year, create and submit to Rangers an annual report to summarize annual activities and accomplishments. Annual work plan: Annually by City fiscal year, create and submit to Rangers an annual work plan for the preserve activities scheduled for the upcoming year. Additional Projects: Wildlife Cameras: Maintain and monitor wildlife cameras on a quarterly basis. Habitat structures: Monitor, maintain, and install bird boxes Trash removal: Remove unused t -posts, cages, fencing, and other found trash throughout the preserve. Teasel project: Secure additional funds from outside 3rd party sources to remove 1 acre of teasel along 400 linear feet of Arastradero Creek at Gate A, replace with appropriate native plants and maintain the site. Other projects: Other projects to be determined and as needed, mutually agreed upon by contracted Steward and City's contract manager and/or Supervising Ranger. Professional Services Rev. Jan 29, 2024 Page 15 of 23 Item 7: Staff Report Pg. 19 Packet Pg. 144 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with EXHIBIT B L Grassroots Ecology SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed ("NTP") from the CITY. Completion Milestones Number of Days/Weeks (as specified below) from NTP 1. Completion of Community Outreach Every 52 weeks 2. Completion of Native Plant Revegetation Every 52 weeks and Maintenance 3. Completion of Invasive Plant Every 52 weeks Management 4. Completion of Project Management Every 52 weeks 5. Completion of Additional Projects As needed. ❑ Optional Schedule of Performance Provision for On -Call or Additional Services Agreements. (This provision only applies if checked and only applies to on -call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on -call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Professional Services Rev. Jan 29, 2024 Page 16 of 23 Item 7: Staff Report Pg. 20 Packet Pg. 145 of 692 DocuSign Envelope ID: 8A1 E6473-98EC-438B-871 C-250B337E2211 EXHIBIT C COMPENSATION Item 7 Attachment A - Contract C25191000 with Grassroots Ecology CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE NOT TO NOT TO NOT TO NOT TO NOT TO EXCEED EXCEED EXCEED EXCEED EXCEED AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT July 1, 2024 — July 1, 2025 — July 1, 2026 — July 1, 2027 — July 1, 2028 — TASK June 30, 2025 June 30, 2026 June 30, 2027 June 30, 2028 June 30, 2029 Task 1 (Coordinate stewardship $13,000 $13,390 $13,792 $14,205 $14,632 activities on the Preserve) Task 2 (Habitat Restoration and $33,000 $33,990 $35,010 $36,060 $37,142 removal or control of non- native weeds) Task 3 (Provide public education $15,000 $15,450 $15,914 $16,391 $16,883 programs of Preserve restoration efforts) Task 4 (mobilize volunteers for preserve $34,375 $35,406 $36,468 $37,562 $38,689 projects) Task 5 (Provide proposed annual $2,600 $2,678 $2,758 $2.841 $2,926 work plan) Task 6 $12,500 $12,875 $13,261 $13,659 $14,069 Professional Services Rev. Jan 29, 2024 Page 17 of 23 Item 7: Staff Report Pg. 21 Packet Pg. 146 of 692 DocuSign Envelope ID: 8A1 E6473-98EC-438B-871 C-250B337E2211 Item 7 Attachment A - Contract C25191000 with (Additional tasks and Grassroots Ecology projects) Sub -total for Services $110,475 $113,789 $117,203 $120,719 $124,341 Reimbursable Expenses (if $5,000 $5,000 $5,000 $5,000 $5,000 any) Total for Services and $115,475 $118,789 $122,203 $125,719 $129,841 Reimbursable Expenses Additional Services (if any, $0 $0 $0 $0 $0 per Section 4) Maximum Total $115,475 $118,789 $122,203 $125,719 $129,841 Compensation REIMBURSABLE EXPENSES CONSULTANT'S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: Five Thousand Dollars per year up to the not -to -exceed amount 0£$25,000.00 (Twenty -Five Thousand Dollars). A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel and meal expenses. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost. C. Plant material and equipment may be reimbursed at actual costs. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Professional Services Rev. Jan 29, 2024 Page 18 of 23 Item 7: Staff Report Pg. 22 Packet Pg. 147 of 692 DocuSign Envelope ID: 8A1 E6473-98EC-438B-871 C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Grassroots Ecology EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT'S schedule of rates is as follows: Hourly rates for key staff and per -event costs are listed below for Year 1 of the contract. Rates may increase over the course of the 5 -year contract at up to 5% per year. Schedule of Rates Co -Executive Director $70/hour Nursery Director $70/hour Project Manager $65/hour Ecologist II $60/hour Restoration Specialist $55/hour Volunteer Workday $1,650/event Youth Stewards Event $1,100/event Naturalist Walk $1,100/event Professional Services Rev. Jan 29, 2024 Page 19 of 23 Item 7: Staff Report Pg. 23 Packet Pg. 148 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with EXHIBIT D L Grassroots Ecology INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPT.TANCF. WITH CITY'S INSTIRANCE RFOIITRFMF.NTS AS SPECIFIED HEREIN_ MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY STATUTORY STATUTORY YES EMPLOYER'S LIABILITY STATUTORY YES GENERAL LIABILITY, INCLUDING BODILY INJURY $1,000,000 $1,000,000 PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, - EACH OCCURRENCE $1,000,000 $1,000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON -OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN ALL DAMAGES $1,000,000 APPLICABLE), AND NEGLIGENT PERFORMANCE YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT'S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORTgCITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. Professional Services Rev. Jan 29, 2024 Page 20 of 23 Item 7: Staff Report Pg. 24 Packet Pg. 149 of 692 DocuSign Envelope ID: 8A1 E6473-98EC-438B-871 C-250B337E2211 B. C. CROSS LIABILITY Item 7 Attachment A - Contract C25191000 with Grassroots Ecology THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT(CITYOFPALOALTO.ORG Professional Services Rev. Jan 29, 2024 Page 21 of 23 Item 7: Staff Report Pg. 25 Packet Pg. 150 of 692 DocuSign Envelope ID: 8A1 E6473-98EC-438B-871 C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Grassroots Ecology EXHIBIT E DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations ("DIR") to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement. CITY provides notice to CONSULTANT of the requirements of California Labor Code Section 1771.1(a), which reads: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR. Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time. CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation. CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461). CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. Professional Services Rev. Jan 29, 2024 Page 22 of 23 Item 7: Staff Report Pg. 26 Packet Pg. 151 of 692 DocuSign Envelope ID: 8A1E6473-98EC-438B-871C-250B337E2211 Item 7 Attachment A - Contract C25191000 with Grassroots Ecology The payroll records shall be verified as true and correct and shall be certifie ana ma e avai able for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively. At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY's request. ❑ CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY's Project Manager at the end of each week during the Project. If the certified payroll records are not provided as required within the 10 -day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform CITY's Project Manager of the location of CONSULTANT's and its listed subcontractors' payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY's Project Manager within five (5) business days of any change of location of those payroll records. Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in Section 1815. CONSULTANT shall secure the payment of workers' compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers' compensation to its employees before beginning work (Labor Code 1861). CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)). CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws. Professional Services Rev. Jan 29, 2024 Page 23 of 23 Item 7: Staff Report Pg. 27 Packet Pg. 152 of 692 Item 8 Item 8 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Public Works ALTO Meeting Date: June 18, 2024 Report #:2404-2911 TITLE Approval of a Memorandum of Understanding for a Countywide Food Recovery Program; CEQA Status — Exempt under CEQA Guidelines Section 15308 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute the Memorandum of Understanding between the County of Santa Clara, the cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, San Jose, Santa Clara, Sunnyvale, and Saratoga; the towns of Los Altos Hills and Los Gatos; and the City of Palo Alto for the ongoing management and operation of a countywide edible food recovery program and sharing of program costs. EXECUTIVE SUMMARY The Memorandum of Understanding ("MOU") is for the ongoing management, operation and sharing of costs for a countywide edible food recovery program based on the number of edible food generators within each city. The MOU allows for consistent implementation within the county for generators and cities to meet California Senate Bill 1383 (SB 1383) requirements and complete annual reporting to the State. BACKGROUND SB 1383 took effect in 2016 with the goals of reducing disposal of organic waste in landfills, reducing greenhouse gas emissions, and addressing food insecurity. To avoid disposal of edible food, in November 2020 the Department of Resources Recycling and Recovery (CalRecycle) developed regulations requiring jurisdictions to establish edible food recovery programs to recover the maximum amount of edible food that would otherwise be sent to landfills to instead feed people in need. The state goal is to reduce edible food going to landfills by 20%. Beginning January 1, 2022, "Tier 1" commercial edible food generators were required to arrange for food recovery through a contract or written agreement with food recovery Item 8: Staff Report Pg. 1 Packet Pg. 153 of 692 Item 8 Item 8 Staff Report organizations or services that would collect or accept self -hauled edible food. The following commercial edible food generators are in Tier 1, as defined by CalRecycle: • wholesale food vendors • food service providers and distributors • grocery stores over 10,000 square feet • supermarkets Palo Alto currently has nine grocery stores and wholesale food vendors meeting these Tier 1 generator requirements. Beginning January 1, 2024, the following "Tier 2" generators (listed below, as defined by CalRecycle) were required to donate their edible food: • restaurants over 5,000 square feet • hotels with 200 or more rooms and on -site food facilities • local education agencies with on -site food facilities • large venues/events • health facilities with at least 100 beds and on -site food facilities Palo Alto has 83 Tier 2 generators including 48 restaurants, 18 local education agencies, 10 campus/food service providers, 3 health facilities, 2 large venues, 1 hotel and 1 private school. To allow for conformity and consistency for generators within the county to meet the SB 1383 requirements, an edible food recovery model ordinance was created and adopted by all the cities located within the county and participating in the County of Santa Clara Recycling and Waste Reduction Commission (RWRC) Technical Advisory Committee (TAC). The City Council approved Palo Alto's Municipal Code Chapter 5.40 Edible Food Recovery Requirements on November 29, 2021.1 The ordinance was developed with flexible language that enabled subsequent decisions to be made on items that were not fully developed at the time the ordinance was established to be compliant with SB 1383's timeline for adopting ordinances. The flexibility allowed for details related to enforcement, funding, and agreements to be developed in collaboration with all cities in the county. To take advantage of economies of scale and due to the cross -jurisdictional nature of food recovery operations, TAC on June 16, 2022 amended an existing agreement with Joint Venture Silicon Valley (JVSV) to develop and manage the Santa Clara County Food Recovery Program (Program).2 As a result, JVSV conducts the necessary outreach to the edible food generators, provides assistance, connects businesses with food recovery organizations, and gathers the 1 City council. November 01,2021, Agenda Item #13, SR#13547, https://cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id.-13547-implementation-of-the-state-California-short-lived-climate-pollutant-senate- bill-1383-reguirement.pdf 2 Santa Clara County Food Recovery Program, June 16, 2022, First Amendment To Agreement Joint Venture Silicon Valley — Contract Scope of Services — Santa Clara County Food Recovery Monitoring Program and Deliverables — 6.16.22 Item 8: Staff Report Pg. 2 Packet Pg. 154 of 692 Item 8 Item 8 Staff Report required data for reporting back to CalRecycle. The program is very successful and was showcased by CalRecycle as an example of how other regions in California might want to organize their programs. The costs of the program were shared based on the number of generators within each city. To keep this successful Program operating, in 2022 the TAC evaluated multiple long-term funding mechanisms and organizational structure options within the county. The TAC determined that the current funding mechanism based on the number of generators operating within each jurisdiction, and the organizational structure in implementation under a one-year Memorandum of Understanding, is the most cost effective and efficient methodology for participating jurisdictions to jointly administer and fund the Program. In 2023, a one-year Memorandum of Understanding (MOU)3 with the cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Sunnyvale, and Saratoga; the towns of Los Altos Hills and Los Gatos; and the County of Santa Clara was developed to fund the cost of the Program to satisfy SB 1383 requirements for a period of one year. The County of Santa Clara (County), as well as each city and town within the county, became responsible for paying a share of the Program under the MOU. In addition, the MOU iterates the County is the fiscal agent for TAC and the City of Morgan Hill is the administrator and contracting agent for TAC. Therefore, the County as the fiscal agent issued invoices to the jurisdictions for their committed amounts and collected funds that are redirected to the City of Morgan Hill in its capacity as the RWRC TAC administrator and contracting agent. Palo Alto used existing Refuse Fund operating budget to fund the single year Program through the initial MOU, which is effective from July 1, 2023 to June 30, 2024, and covers the base and enhancement Program based on each jurisdiction's contributions, calculated at $133 per generator (for base program costs) applied to the number of generators within the jurisdiction. The enhancements include any activities identified by the Program that ensure efficient food recovery and prevention. Projects may include, but are not limited to, strategic capacity enhancements, and projects that promote the efficient recovery of surplus food or the prevention of surplus food. The City's Program cost (base and enhancements) was $17,054 in fiscal year 2024 based on the number of generators. The countywide base and enhancement program services performed by JVSV included the following deliverables: • Create and coordinate a standardized edible food recovery program within the County • Review and update the lists of Tier 1 and Tier 2 generators • Provide requirements for large events within each jurisdiction • Provide information and data for inclusion in reports to CalRecycle 3 SCC 2023 Memorandum of Understanding, Memorandum of Understanding Among Local Public Agencies in Santa Clara County For Food Recovery Program Costs Item 8: Staff Report Pg. 3 Packet Pg. 155 of 692 Item 8 Item 8 Staff Report • Retain records of inspections • Communicate with the appropriate jurisdictional entity if noncompliance issues arise • Provide education and outreach to generators • Coordinate with food recovery organizations to compile reports • Conduct inspections and monitor generators and food recovery organizations • Maintain the Santa Clara County Edible Food Recovery Program website and list of Food Recovery Organizations and their services • Prepare an annual report on program activities • Communicate food recovery statistics with the County's Office of Sustainability • Issue small capacity grants to increase the capacity of food recovery organizations • Provide food waste prevention classes via webinar and in -person series for different sectors regulated under SB 1383 (e.g., restaurants, hospitals, schools, large events) to promote food waste prevention measures specific to each regulated sector, provide food recovery tips and best practices ANALYSIS The long-term MOU (Attachment A) is anticipated to go into effect on July 1, 2024. The MOU and its terms will remain in effect until the TAC terminates the agreement using the TAC Memorandum of Agreement's organizational voting structure. The long-term MOU extends the commitment of participating jurisdictions to submit annual contributions to fund the mandated Program based on the number of generators in each jurisdiction. Jurisdictions may also use the long-term MOU to contribute additional optional funds for Program enhancements that will be considered and approved by the TAC annually as part of its annual workplan and budget process. For the City, no additional funding is being requested at this time for this countywide Program. The MOU creates one uniform, standardized, and coordinated effort for the edible food generators. The countywide Program benefits all cities in the county, including Palo Alto, by alleviating the need for duplicative staff, cost analysis, capacity assessment, expenditures for infrastructure, labor, administration, and record keeping for the edible food recovery activities Each year, details about the Program are provided in an annual report containing pertinent information the City uses to demonstrate compliance with the CalRecycle SB 1383 reporting requirements. Moving forward, staff will continue to coordinate efforts with TAC and the Program to be proactive with the generators, address complaints, and work with the Program to review and provide feedback on inspection protocol and triggers for generators. In addition, staff will be involved in compliance checks and any enforcement needed. FISCAL/RESOURCE IMPACT For Fiscal Year 2025, the City's financial commitment is $26,243 for the countywide Program and for Fiscal Year 2026 it is estimated at $31,464. The overall Program biennial budget will not increase by more than ten percent of the prior year's budget without prior approval by the Item 8: Staff Report Pg. 4 Packet Pg. 156 of 692 Item 8 Item 8 Staff Report RWRC during its annual work plan and budget approval process. These costs for the next two fiscal years and staff's participation in RWRC TAC's actions are included in the proposed FY 2025 Refuse Fund operating budget, subject to Council approval as part of the annual budget development process. No additional funding is being requested at this time for this countywide Program. STAKEHOLDER ENGAGEMENT Stakeholder engagement included notifying the public at the monthly RWRC meetings, the TAC meetings, the Implementation Committee meetings as well as the various TAC subcommittee meetings. All meeting minutes are posted on the County Board of Supervisors and Boards and Commission webpage4. In addition, JVSV maintains the web site SCCFoodRecovery.org, conducts regular outreach to the edible food generators through mail, electronic communication, and webinars on best practices for preventing food waste and how to set up a food recovery program. They also help businesses connect with food recovery organizations. Staff provides further outreach to Palo Alto's food generators through utilities bill inserts, social media, direct mail, and Zero Waste newsletters. ENVIRONMENTAL REVIEW Council action on this item is exempt from review under the California Environmental Quality Act (CEQA) because the Countywide Food Recovery Program is an action by the City, as regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment. ATTACHMENTS Attachment A: Food Recovery Program RWRC MOU APPROVED BY: Brad Eggleston, Director Public Works/City Engineer 4 TAC, RWRC, and Implementation Committee Meeting Minutes http://sccgov.igm2.com/citizens/default.aspx Item 8: Staff Report Pg. 5 Packet Pg. 157 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU MEMORANDUM OF UNDERSTANDING AMONG LOCAL PUBLIC AGENCIES IN SANTA CLARA COUNTY FOR COUNTYWIDE FOOD RECOVERY PROGRAM This Memorandum of Understanding ("MOU") is entered into by and between the cities of Cupertino, a municipal corporation of the state of California; Gilroy, a municipal corporation of the state of California; Los Altos, a municipal corporation of the state of California; Milpitas, a municipal corporation of the state of California; Morgan Hill, a municipal corporation of the state of California; Mountain View, a municipal corporation of the state of California; Palo Alto, a municipal corporation of the state of California; San Jose, a municipal corporation of the state of California; Santa Clara, a municipal corporation of the state of California; Sunnyvale, a municipal corporation of the state of California; the West Valley Solid Waste Management Authority (on behalf of the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos); the Town of Los Altos Hills, a municipal corporation of the state of California; and the County of Santa Clara, a political subdivision of the State of California; collectively "Parties" or individually as a "Party." RECITALS A. The signatory Parties are also "PARTIES" to the Memorandum of Agreement ("MOA") entered into on June 14, 2013 for the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC"), which is a separate Committee created to assist the County of Santa Clara Recycling and Waste Reduction Commission ("RWRC" or "Commission") that advances the interests of Party Jurisdictions by performing technical and policy review to inform parties and advise the Commission on solid waste management issues, and bring together varied expertise and viewpoints for planning and implementing the Commission approved annual workplan and budget. The MOA, which remains in effect, is attached hereto and incorporated herein by reference as Exhibit B. B. California's Short -Lived Climate Pollutant Reduction law (SB 1383, Lara, Chapter 395, Statutes of 2016) establishes methane reduction targets for California, including a target to increase recovery by 20 percent of currently disposed edible food for human consumption by January 1, 2025. C. To meet the mandated statewide goal, SB 1383 requires each Jurisdiction in California to establish and monitor a robust food recovery program, which will strengthen the relationships between commercial edible food generators and food recovery organizations within their communities, requiring certain food businesses to send the maximum amount of edible food they would otherwise dispose to food recovery organizations and/or services. D. The Parties have previously agreed to jointly administer and fund the cost of a countywide edible Food Recovery Program (the "Program") through the Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs entered into and covering the time period of July 1, 2023 to June 30, 2024 ("Former MOU") to satisfy their respective obligations under SB 1383 and the corresponding regulations. The Former MOU is attached hereto as Exhibit C. E. The Parties desire to execute this MOU to ensure ongoing operation of the countywide food recovery program to provide for their respective share of costs for the Program. Item 8: Staff Report Pg. 6 Packet Pg. 158 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU F. The West Valley Solid Waste Management Authority ("Authority") was established by the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos (collectively referred to as the "Member Agencies"), pursuant to the provisions of the Joint Exercise of Powers Act (Title 1, Division 7, Article 1, Section 6500 et seq. of the California Government Code) to arrange for and manage the waste reduction, collection, reuse, disposal, recycling, and diversion of discarded materials originating in the participating municipalities; and in furtherance of that purpose, the Member Agencies and the Authority have entered into agreements authorizing the Authority to act as the representative of the Member Agencies in the Food Recovery Program. NOW, THEREFORE, the Parties agree as follows: SECTION 1. PURPOSE OF THE MOU The purpose of this MOU is to establish a system of: 1) Ongoing management and operation of the Food Recovery Program. 2) Payment by the Parties for their share of the costs for implementation of the Program. SECTION 2. EFFECTIVE DATE This MOU shall be effective on July 1, 2024 ("Effective Date"), shall supersede the Former MOU, and shall automatically renew each year for all Parties, unless a Party withdraws, in accordance with Section 20 (Withdrawal From MOU) and subject to a Party's annual appropriations of funds. SECTION 3. DEFINITIONS The original 2013 Memorandum of Agreement entered into between the parties (and as may be amended from time to time) defined in detail the duties of the TAC Administrator, Contracting Agent, and Fiscal Agent, and those definitions from the MOA shall apply to this MOU. For ease of reference, those definitions are summarized below. 3.1 The TAC Administrator provides administration and management services to the TAC and carries out the annual workplan. 3.2 The Contracting Agent executes contracts with outside contractors, including the Administrator and the Fiscal Agent that have been requested and approved by the Implementation Committee. 3.3 The Fiscal Agent serves as the treasurer of the countywide funds and is responsible for collecting the Solid Waste Planning Fee from all solid waste disposal facilities and non -disposal facilities located within Santa Clara County. 3.4 The Program Manager is the entity contracted by the Contracting Agent on behalf of the RWRC to implement the Santa Clara County Food Recovery Program. Other terms used in this MOU that relate to the Food Recovery Program (e.g., including but not limited to the term "Jurisdictions") are used as defined in SB 1383 and any implementing regulations, as may be amended from time to time. SECTION 4. RESPONSIBILITIES OF THE TAC ADMINISTRATOR AND CONTRACTING AGENT 2 Item 8: Staff Report Pg. 7 Packet Pg. 159 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU 5.1 The TAC Administrator will provide administration and management of the Program. These duties include overseeing the work of the Program, development of the biennial budget, and inclusion of the Program in the annual work plan and budget. The costs to perform these duties will be included in the annual work plan and budget. 5.2 Contracts executed by the Contracting Agent with the Program, TAC Administrator and Fiscal Agent will be based on the approved budget for the Program. The Contracting Agent will provide an invoicing system to pay the Program Manager, TAC Administrator, and Fiscal Agent. The Contracting Agent shall provide the TAC Administrator with the proposed costs to perform these duties. The signatory Parties to this MOU (except when acting in their authorized capacities as Contracting Agent, TAC Administrator, and Fiscal Agent) are not direct parties to the third -party contracts entered into by those agents. SECTION 5. RESPONSIBILITIES OF THE FISCAL AGENT The Fiscal Agent will collect and receive funds from the Parties for implementation of the Countywide Food Recovery Program. The Countywide Food Recovery Program Funds will be segregated from the Countywide Solid Waste Program Funds in separately numbered and coded accounts that are readily identifiable as those containing Countywide Food Recovery Program Funds or Countywide Solid Waste Program Funds. The Fiscal Agent shall not expend, use or transfer any funds except in accordance with the annual work plan and budget. The Fiscal Agent shall provide the TAC Administrator with the proposed costs to perform these duties. SECTION 6. RESPONSIBILITIES OF THE PROGRAM MANAGER The Program Manager will implement the Santa Clara County Food Recovery Program as described in Exhibit A. SECTION 7. RESPONSIBILITIES OF THE PARTIES The Parties will share costs of implementing the Program as described in Section 9 and undertake the duties assumed by the Jurisdictions as described in Exhibit A. SECTION 8. BIENNIAL BUDGET The TAC Administrator will prepare a biennial (two-year) budget that encompasses costs for the Program and Program Manager, the TAC Administrator, the Contracting Agent/Administration, and the Fiscal Agent. Approval of the biennial budget shall follow the annual work plan and budget process as specified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA. SECTION 9. FUNDING 9.1 The Parties agree to share costs of the Program based on the number of edible food generators, as defined by the California Code of Regulations (14 CCR Section 18982) operating in their Jurisdiction on an annual basis, according to the following formula: Party's Annual Share = (Total Budgeted Cost for Year Item 8: Staff Report Pg. 8 Packet Pg. 160 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU Total Number of Edible Food Generators Under MOU) x Number of Edible Food Generators in Party's Jurisdiction. The Parties agree to pay annually for the costs identified in the biennial budget and approved through the annual work plan and budget process as specified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA. 9.2 The initial Program budget will be based on the Fiscal Year 2024 allocation including costs for the Fiscal Agent, totaling THREE HUNDRED AND TEN THOUSAND DOLLARS ($310,000). No costs for TAC Administrator or Contracting Agent are included in the initial Program budget. Should cost recovery for the TAC Administrator or Contracting Agent be required in the future, these will be proposed during the annual work plan and budget process. 9.3 The Parties acknowledge that the Program Manager will evaluate the costs per Jurisdiction annually based on the number of generators operating within each Jurisdiction. Based on this evaluation, a cost adjustment will be projected to the second year of the biennial budget (see Section 8 above). The overall Program budget will not increase by more than TEN PERCENT (10%) of the prior year's Program budget without prior approval by the RWRC. 9.4 The Fiscal Agent will annually submit to the Parties an invoice for the amounts due under this MOU by May 15th of each year. Each Party will make their payment to the Fiscal Agent based on the invoice amount within ninety (90) calendar days of receipt. 9.5 The Fiscal Agent will ensure that the Santa Clara County Food Recovery Program Fund account is segregated from the Solid Waste Program Fee Fund account managed pursuant to the TAC MOA. 9.6 Should any unspent funds remain in the Santa Clara County Food Recovery Program Fund account at the end of the fiscal year, disposition of those funds will be decided by the RWRC through the annual work plan and budget process, which could include: retaining surplus funds as a reserve, crediting Jurisdictions toward future payment allocations, dedicating funding to food recovery infrastructure, and providing supplemental food recovery outreach and education or other food recovery program activities. 9.7 Jurisdictions wishing to contribute additional funds for the edible food recovery enhancement program, implemented by the Program Manager, may elect to do so during the annual work plan and budget process. Any Jurisdiction opting into any voluntary enhancement program shall do so at its own discretion and at its own cost. The Fiscal Agent will include the additional enhancement program funding formally selected by the Jurisdiction in the annual invoice submitted to each Party by May 15th of each year. 9.8 In the event of a CalRecycle Implementation Schedule for a food recovery capacity shortfall identified during a Santa Clara County Edible Food Recovery Capacity Assessment, the Program budget may increase by more than TEN PERCENT (10%) of the prior year's Program budget if needed to fund necessary capacity improvements as outlined in the CalRecycle Implementation Schedule, following prior approval of the budget increase by the RWRC. SECTION 10. BOOKS AND ACCOUNTS 4 Item 8: Staff Report Pg. 9 Packet Pg. 161 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU The Fiscal Agent will keep complete and accurate financial records related to accomplishing the purposes of this MOU. Upon reasonable notice to the Fiscal Agent, any Party to this MOU may inspect the financial records related to this MOU. SECTION 11. FURTHER ASSURANCES Each Party will adopt, execute, and make any and all further assurances, documents, instruments and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the Parties 'performance of their obligations under this MOU. SECTION 12. REPRESENTATIONS AND WARRANTIES Each Party represents and warrants to all other Parties as follows: 12.1 Authority: Each Party has the full legal right, power and authority under the laws of the State of California to enter into this MOU and to carry out all of its obligations herein. 12.2 Due Execution: Each Party's representatives who sign this MOU are duly authorized to sign and bind their respective agency. 12.3 Valid, Binding, and Enforceable Obligations: This MOU has been authorized and executed by each Party and constitutes the legal, valid, and binding agreement of the Parties, and is enforceable according to its terms. SECTION 13. REMEDIES NOT EXCLUSIVE No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or hereafter existing in law or in equity or by statute or otherwise, and all remedies may be exercised without exhausting and without regard to any other remedy. SECTION 14. INDEMNIFICATION In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees , and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees , or agents, under or in connection with or arising out of any work, authority, or Jurisdiction delegated to such Party under this MOU (including but not limited to work engaged in or contracts entered into by a Party acting in their capacity as Contracting Agent, Program Manager, TAC Administrator, or Fiscal Agent.). No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work Item 8: Staff Report Pg. 10 Packet Pg. 162 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU authority or Jurisdiction delegated to such other Party under this MOU, as indicated in this Section. The obligations set forth in this paragraph will survive termination and expiration of this MOU. SECTION 15. SEVERABILITY The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU will be valid and binding on the Parties. SECTION 16. AMENDMENTS This MOU may only be amended by a written instrument signed by the Parties. SECTION 17. COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. SECTION 18. USE OF ELECTRONIC SIGNATURES Unless otherwise prohibited by law, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a writing as set forth in Evidence Code Section 1550. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by the Parties. Should any Jurisdiction not permit electronic signatures only their copy of the MOU must be signed in the conventional manner. SECTION 19. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS. This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may be modified only by a written amendment duly executed by the Parties to this MOU. This MOU is intended to supplement the original MOA and does not replace the original MOA. The MOA shall remain in effect and to the extent that there are any contradictions between this MOU and the original MOA, the provisions in this MOU shall prevail. SECTION 20. WITHDRAWAL FROM MOU No individual Party may withdraw from this Agreement prior to July 1, 2025. Any party wishing to withdraw on or after July 1, 2025 must provide notice to the Contracting Agent on or before January 15 of each year. The Parties acknowledge that the Contracting Agent and each individual Party may recalculate Agreement costs pro rata in the event of any withdrawal from this Agreement and that this time is required in order to allow each remaining Party and the Contracting Agent to amend their respective budgets if needed. Any withdrawing Party must make full payments through the end of the -then current term ending 6 Item 8: Staff Report Pg. 11 Packet Pg. 163 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU on June 30. In no event shall this clause to be interpreted to prevent all Parties by unanimous mutual consent from withdrawing from this Agreement. SECTION 21. NO LEGAL RELATIONSHIP By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership, agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal representative of the other Party for any purpose, and neither Party is granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party. SECTION 22. GOVERNING LAW, VENUE This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara. MEMORANDUM OF UNDERSTANDING AMONG LOCAL PUBLIC AGENCIES IN SANTA CLARA COUNTY FOR COUNTYWIDE FOOD RECOVERY PROGRAM IN WITNESS HEREOF, the Parties have executed the MOU as of the last date set forth below: City of Cupertino — City Manager Date: City of Gilroy- City Manager Date: Approval as to form, Cupertino City Attorney Date: Approval as to form, Gilroy City Attorney Date: Item 8: Staff Report Pg. 12 Packet Pg. 164 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU City of Los Altos — City Manager Date: Town of Los Altos Hills — Assistant to the Town Manager Date: City of Milpitas — City Manager Date: City of Morgan Hill, as a Party and as Contracting Agent and TAC Administrator Date: City of Mountain View- Acting Public Works Director Date: Approval as to form, Los Altos City Attorney Date: Approval as to form, Los Altos Hills Town Attorney Date: Approval as to form, Milpitas City Attorney Date: Approval as to form, Morgan Hill City Attorney Date: City of Mountain View — Finance and Administrative Services Director Date: 8 Item 8: Staff Report Pg. 13 Packet Pg. 165 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU City of Mountain View- City Manager Date: City of Mountain View -Assistant City Clerk Date: City of Palo Alto — City Manager Date: West Valley Solid Waste Management Authority (on behalf of the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos) -Executive Director Date: City of Santa Clara - City Manager Date: Approval as to form, Mountain View Senior Assistant City Attorney Date: Approval as to form, Palo Alto Assistant City Attorney Date: Approval as to form, West Valley Solid Waste Management Authority General Counsel Date: Approval as to form, Santa Clara City Attorney Date: 9 Item 8: Staff Report Pg. 14 Packet Pg. 166 of 692 Item 8 Attachment A - Food Recovery Program RWRC MOU City of Sunnyvale — City Manager Date: County of Santa Clara, as a Party and as Fiscal Agent - Chief Operating Officer Date: City of San Jose Date: Approval as to form, Sunnyvale Interim City Attorney Date: Approval as to form and legality, Santa Clara County Deputy County Counsel Date: Approval as to form, San Jose City Attorney Date: 10 Item 8: Staff Report Pg. 15 Packet Pg. 167 of 692 Item 9 Item 9 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: ACTION ITEMS PALO Lead Department: Planning and Development Services ALTO Meeting Date: June 18, 2024 Report #:2401-2562 TITLE Adoption of the Community Development Block Grant (CDBG) FY 2024-25 Annual Action Plan and the Adoption of a Resolution Approving Use of CDBG and CDBG CARES Act (CDBG-CV) Funds for FY 2024-25, and Approval of a Budget Amendment in the Community Development Block Grant Fund. RECOMMENDATION The Human Relations Commission (HRC) and staff recommend City Council take the following actions: 1. Adopt the draft Fiscal Year (FY) 2024-25 Annual Action Plan (AAP, Attachment A) and the associated CDBG FY 2024-25 Annual Action Plan Resolution (Attachment B) allocating Community Development Block Grant (CDBG) and CDBG CARES Act (CDBG-CV) funding for FY 2024-25; and 2. Authorize the City Manager to execute the FY 2024-25 CDBG application to fund the FY 2024-25 Annual Action Plan and associated documents concerning the application, and to otherwise bind the City with respect to the applications and commitment of funds; and 3. Authorize staff to submit the Fiscal Year 2024-25 AAP (Attachment A) to the U.S. Department of Housing and Urban Development (HUD) by the July 6, 2024, deadline; and 4. Authorize the City Manager or designee to draft and execute a loan agreement, regulatory agreement, and related documents necessary to implement City Council direction on the Alma Garden Rehabilitation Project in a form consistent with the City's affordable housing loan documents and approved by the City Attorney. 5. Amend the Fiscal Year 2025 Budget Appropriation for the Community Development Block Grant Fund (2/3 vote needed) by: a. Increasing Revenue from Other Agencies by $1,157,286 b. Increasing General Expenses by $1,157,286 EXECUTIVE SUMMARY The City is preparing for its second year of a two-year CDBG funding cycle for FY 2024-25. On February 8, 2024, the HRC made funding recommendations for the CDBG FY 2024-25 funding cycle and CDBG-CV funds. Given that the City's CDBG grant entitlement amount for FY 2024-25 Item 9: Staff Report Pg. 1 Packet Pg. 168 of 692 Item 9 Item 9 Staff Report was unknown at the time, the HRC also recommended the implementation of a contingency plan to be used if CDBG FY 2024-25 funds were different than the amount estimated by staff. On May 7, 2024, the City received HUD's formal notification of the City's CDBG FY 2024-25 entitlement grant amount. Subsequently, staff updated the draft FY 2024-25 AAP to: • Include two specific Public Facilities projects; the applications for these projects were submitted in February 2024 and funding for these projects came from the HRC's recommended funding in the CDBG Public Facilities category; • Reflect updated calculations of unspent funds from past program years and associated CDBG funding category cap amounts; • Incorporate the City's CDBG FY 2024-25 entitlement grant amount; and • Update the CDBG FY 2024-25 funding allocation amounts through implementing the HRC's recommended contingency plan.' The draft FY 2024-25 AAP contains proposed funding allocations to spend all available CDBG and CDBG-CV funds. CDBG funds available for allocation in FY 2024-25 total $1,037,807.61, including the City's FY 2024-25 entitlement grant, estimated program income to be received in FY 2024- 25, and unspent funds from prior years. CDBG-CV funds available for allocation in FY 2024-25 total $119,478.74, including unspent funds from the canceled LifeMoves-COVID-19 Testing project and unspent CDBG-CV Planning & Administration funds. It is not possible to fully fund all CDBG applications at the levels requested by applicants requesting funding in the CDBG Public Services and Planning & Administration categories, but the City is able to fully fund applications in the CDBG Economic Development and Housing Rehabilitation categories. The proposed recommendations: • Allocate all available CDBG and CDBG-CV funds; • Are consistent with the City's CDBG Consolidated Plan; • Are consistent with the City's 6th Cycle Housing Element goals, projects, and activities as they pertain to CDBG; and • Will result in funding key programs, projects, and activities that benefit many low- and very low-income Palo Alto residents. Staff recommends that Council review and approve the draft FY 2024-25 AAP (Attachment A), the associated draft CDBG FY 2024-25 Resolution (Attachment B), and authorize staff to submit and execute associated documents necessary to implement the CDBG FY 2024-25 AAP. BACKGROUND The CDBG program, administered by HUD, provides annual grants on a formula basis. Jurisdictions use the funds to develop viable urban communities by providing decent housing and a suitable living environment and by expanding economic opportunities, principally for low- and 1 The City did not receive any public comments on the draft FY 2024-25 AAP. Consequently, no edits to the draft FY 2024-25 AAP were necessary due to public comment. Item 9: Staff Report Pg. 2 Packet Pg. 169 of 692 Item 9 Item 9 Staff Report moderate -income persons. The CDBG program is authorized under Title 1 of the Housing and Community Development Act of 1974. HUD regulations require all CDBG-funded projects and activities to meet at least one of the three national objectives: 1. Benefit low -and very low-income persons; 2. Aid in the prevention or elimination of slums or blight; or 3. Meet other community development needs that have urgency or pose a serious and immediate threat to the health or welfare of the community. The City's CDBG program has primarily focused on meeting the first objective to benefiting low - and very -low-income persons.2 Consolidated Plan & Annual Action Plan Programs, projects, and activities funded through the City's CDBG program must be consistent with the goals outlined in the City's 2020-2025 Consolidated Plan,3 a five-year strategic plan of action that addresses priority housing and community development needs. Each year, HUD requires the submittal of an Annual Action Plan (AAP) that identifies the specific programs, projects, and activities to be funded to implement strategies identified in the Consolidated Plan. Following the City Council's final approval of the City's proposed funding allocations, the specific programs, projects, and activities are reported to HUD through the submittal of the AAP. Citizen Participation for the Annual Action Plan Per HUD's regulations and the City's adopted "Citizen Participation Plan"4 the City must ensure adequate citizen participation in the CDBG funding allocation process. Prior to submittal of the AAP each year to HUD, the City must follow the following process: hold a public hearing on the draft AAP, subsequently hold a 30 -day circulation and public comment period, and lastly hold another public hearing on the draft AAP. The February 8, 2024, HRC meeting served as the first public hearing, while the June 18, 2024 City Council meeting will serve as the second public hearing required for the FY 2024-25 AAP. Annual Action Plan Application Review and Allocation Process CDBG funding applications were made available on October 2, 2023. A notice of CDBG funding availability was published in the Daily Post on October 2, 2023, with completed applications due November 17, 2023. The City hosted a pre -proposal conference on October 26, 2023. 2 For general information on the HUD CDBG program, please visit: https://www.hudexchange.info/programs/cdbg- entitlement/. For general information on the Palo Alto's CDBG program, please visit: https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Housing-Policies- Prolects/Community-Development-Block-Grant. 3 2020-2025 Consolidated Plan: https://www.cityofpaloalto.org/files/assets/public/v/3/planning-amp- development-services/cdbg-general-information/plans-and-reports/consolidated-plans/2020-2025-palo-alto- consolidated-plan-2020-21-aap-minor-amend1.pdf 4 Adopted Citizen Participation Plan 2022: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp- development-services/cdbg-general-information/plans-and-reports/amended-citizen-participation-plan-2022- approved-by-city-council-9-12-22-finaI.pdf Item 9: Staff Report Pg. 3 Packet Pg. 170 of 692 Item 9 Item 9 Staff Report Additionally, staff provided technical assistance to applicants during the open application period regarding program regulations and project eligibility questions. During this application cycle, the Notice of Funding Availability (NOFA) specified that funding would be available for projects in the CDBG Economic Development, Public Facilities and Improvements, and Housing Rehabilitation categories. The NOFA noted that new CDBG Public Services category applications were not being accepted in this second -year funding cycle, as two- year Public Services category applications were already received in the prior fiscal year. However, the NOFA specified that the City could accept new CDBG-CV applications in the Public Services category. All applications were reviewed to determine HUD compliance in accordance with eligible activitiess and National Objectives6. Human Relations Commission Review The HRC is involved in the preparation of the draft CDBG AAP each year. On January 17, 2024, the HRC Selection Committee reviewed the applications received for FY 2024-25. The HRC Selection Committee's recommendations were then presented at a public hearing to the full HRC on February 8, 2024 (Attachment C). The HRC unanimously approved a motion to recommend that Council approve the draft FY 2024-25 AAP. Given that the City's CDBG grant entitlement amount for FY 2024-25 was unknown at the time, the HRC also recommended the implementation of a contingency plan to be used if CDBG FY 2024-25 funds were different than the amount estimated by staff. ANALYSIS The City received its CDBG FY 2024-25 entitlement grant amount on May 7, 2024, which is a later date than anticipated, resulting from the overall delays in the FY 2024-25 federal budgeting process. While the amount of CDBG-CV funds remained unchanged, the amount of CDBG funds available for allocation in FY 2024-25 is less than the amount estimated and presented to the HRC in February 2024. This is largely due to reconciliation of the amounts of program income received in past program years, which has experienced declines relative to formerly estimated amounts. Upon receipt of the CDBG FY 2024-25 entitlement grant amount, staff adjusted the proposed funding allocations using the HRC's contingency plan (Table 1). The updated proposed funding allocations are also documented in the FY 2024-25 AAP (Attachment A). CDBG funds available for allocation in FY 2024-25 total $1,037,807.61, including the City's FY 2024-25 entitlement grant, estimated program income to be receipted in FY 2024-25, and unspent funds from prior years. CDBG-CV funds available for allocation in FY 2024-25 total $119,478.74, including unspent funds from the canceled LifeMoves-COVID-19 Testing project and unspent CDBG-CV Planning & Administration funds (Table 1). 5 CDBG Matrix Codes: https://files.hudexchange.info/resources/documents/Matrix-Code-Definitions.pdf 6 CDBG National Objectives: https://www.hudexchange.info/sites/onecpd/assets/File/CDBG-National-Objectives-Eligible-Activities-Chapter- 3.pdf Item 9: Staff Report Pg. 4 Packet Pg. 171 of 692 Item 9 Item 9 Staff Report Table 1: FY 2025 CDBG and CDBG-CV Funding Summary FY 2024-25 Entitlement Grant $513,653 Program Income to be receipted in FY 2024-25 (Estimated) $60,000 Prior Year Unspent Funds $461,154.61 FY 2021-22 ($191,018.05)1 FY 2022-23 ($269,435.96)2 FY 2023-24 ($ 3,700.60)3 Estimated Total CDBG Funds Available for Allocation $1,037,807.61 Unspent Canceled Project: LifeMoves-COVID-19 Testing $34,200.50 Unspent Planning & Administration funds $85,278.24 Estimated Total CDBG-CV Funds Available for Allocation $119,478.74 1 The City has a total of $191,018.05 in unspent CDBG funds from FY 2021-22 that is available for reprogramming. 2 The City originally had $376,736.96 in unspent CDBG funds from FY 2022-23 that was available for reprogramming. Of this amount, $107,301 was reallocated to the FY 2023-34 program budget due to lower than estimated program income (PI) from FY 2023-24 ($107,301 had been estimated; $0 will be received by the conclusion of FY 2023-24). Consequently, the City has a total of $269,435.96 in unspent CDBG funds from FY 2022-23 that is available for reprogramming. 3 Due to program income (PI) reconciliation, adjustments in the FY 2023-24 Planning & Administration budget were made to meet the Planning & Administration category 20% Cap. Staying within the 20% Cap leaves a $3,700.60 surplus. CDBG Funding Categories and Funding Caps The CDBG program has five primary activity areas in which to allocate funds: (1) Public Services, (2) Economic Development, (3) Housing Rehabilitation, (4) Public Facilities & Improvement, and (5) Planning & Administration. Federal regulations cap the amount of CDBG funds that can be spent on Public Services and Planning & Administration as follows (Table 2): • PublicServices (15% Cap) — The amount of any CDBG funds that may be obligated toward Public Services during a program year is capped at 15% of the sum of the grant allocation plus the total amount of program income received during the prior program year. • Planning & Administration (20% Cap) — The amount of any CDBG funds that may be obligated toward Planning & Administration during a program year is capped at 20% of the sum of the grant allocation plus the total amount of program income received during the current program year. Item 9: Staff Report Pg. 5 Packet Pg. 172 of 692 Item 9 Item 9 Staff Report Table 2: FY 2025 CDBG and CDBG-CV Funding Categories and Allowed Allocations Funding Categories Allowed Allocations CDBG Funds Public Services 15% Maximum 15% x [entitlement grant allocation ($513,653) + prior year FY 2023-24 program income ($0.00)] $77,047.95 Planning and Administration 20% Maximum 20% x [entitlement grant allocation ($513,653) + current year FY 2024-25 anticipated program income ($60,000)] $114,730.60 Un-capped Funds $846,029.06 Total Available for CDBG Allocation $1,037,807.61 CDBG-CV Funds Public Services (No Cap) $88,623.75 Planning and Administration 20% Maximum $149,228.60 Program Income Program Income is received from Alta Housing for loan repayments and rental income in excess of expenses on specific properties acquired or rehabilitated with CDBG funds. Municipalities are required to estimate anticipated program income for the activity budget for the upcoming year. In past years, program income was estimated around $100,000. However, due to consistent declines in actual program income received in recent years, staff reduced the estimated program income for FY 2024-25 to $60,000 to align with historic trends. CDBG and CDBG-CV FY 2024-25 Fundin& Allocations Thirteen (13) applicants are recommended for CDBG and CDBG-CV FY 2024-25 funding allocations (Table 3) in the in the draft FY 2024-25 AAP (Attachment A). It is not possible to fully fund all CDBG applications at the levels requested by applicants requesting funding in the CDBG Public Services and Planning & Administration categories (Table 3), however, the City is able to fully fund applications in the CDBG Economic Development and Housing Rehabilitation categories. The draft FY 2024-25 AAP reflects the HRC's funding recommendations. Staff was also able to include the following two new Public Facilities projects received by the City during February 2024: • Fire Station Sidewalk Improvement Project • Homekey Palo Alto Recreation Project Staff is able to include these Public Facilities projects because they were eligible, and the draft FY 2024-25 AAP reviewed by the HRC had already earmarked a large pool of CDBG funds to be used in the Public Facilities and Improvements funding category. The largest funding recommendation is for rehabilitation at the Alma Garden affordable housing project. This funding will be structured as an affordable housing loan and will include a regulatory agreement extending the term of affordability for the property. Staff is therefore seeking authority to draft and execute the necessary loan documents in a form substantially similar to the City's past affordable housing loans. Item 9: Staff Report Pg. 6 Packet Pg. 173 of 692 Item 9 Item 9 Staff Report Table 3: Summary of FY 2024-25 CDBG and CDBG-CV Applicants and Funding Recommendations FY 2023-24 FY 2024-25 FY 2024-25 Agency/Program Name Funded Recommended Applicant Amount Amount Requested Amount CDBG Applicants Public Services (15% Cap = $77,047.95) Alta Housing - SRO Resident Supportive $14,000 $11,575 $24,343 Services Catholic Charities of Santa Clara County — Long Term Care Ombudsman $10,000 $7,575 $10,000 Program LifeMoves — Case Management $23,636 $28,247 $69,919 Silicon Valley Independent Living $16,500 $14,075 $28,127 Center (SVILC) — Case Management Project Sentinel — Fair Housing Services $18,000 $15,575 $36,393 Subtotal $77,047 $168,782 Economic Development (No Cap) WeeCare/Upwards $114,000 $120,000 $120,000 Subtotal $120,000 $120,000 Housing Rehabilitation (No Cap) Rebuilding Together Peninsula (RTP) — $73,585 $73,585 $73,585 Safe at Home Community Work Group/Abode — Alma N/A $404,800 $404,800 Garden Subtotal $478,385 $478,385 Public Facilities & Improvements (No Cap) Fire Station — Sidewalk Improvement N/A $62,645.61 $65,000 Project Homekey Palo Alto — Recreation N/A $185,000 $185,000 Project Subtotal $247,645.61 $250,000 Planning & Administration (20% Cap = $114,730.60) City of Palo Alto Administration $119,013 $114,730 $116,060 Subtotal $114,730 $116,060 GRAND TOTAL for CDBG N/A $1,037,807.61 N/A CDBG-CV Applicants Public Services CDBG-CV MOVE Mountain View - Safe Parking $110,000.00 $110,000.00 $110,000.00 Program Planning & Administration CDBG-CV Planning and Administration — CV N/A $9,478.74 N/A GRAND TOTAL for CDBG-CV N/A $119,478.74 N/A Item 9: Staff Report Pg. 7 Packet Pg. 174 of 692 Item 9 Item 9 Staff Report Should the FY 2024-25 AAP be adopted by City Council, it would be submitted to HUD prior to the July 6, 2024 deadline. POLICY IMPLICATIONS The programs, projects, and activities recommended for funding in the draft FY 2024-25 AAP are consistent with the priorities established in the City's adopted CDBG FY 2020-2025 Consolidated Plan. FISCAL/RESOURCE IMPACT There is no fiscal impact associated with this action as CDBG and CDBG-CV funding is provided by HUD. Associated grant funding is also used to support program administration for consultant services and liability insurance. STAKEHOLDER ENGAGEMENT Prior to the submission of the FY 2024-2025 AAP to HUD, the City must follow the following process: hold a public hearing on the draft AAP, hold a 30 -day circulation and public comment period, and hold an additional public hearing on the draft AAP. The HRC meeting on February 8, 2024 served as the first public hearing. The City published a notice of the HRC meeting on January 24, 2024, in the Daily Post; this constituted the required 14 -day public review period for the first public hearing. The 30 -day circulation, public review, and comment period on the draft FY 2024-25 AAP began on March 13, 2024 and ended on April 12, 2024; notice of funding availability was published in the Daily Post on March 13, 2024, on the City's CDBG webpage, and via email notification to stakeholders. At the time of this report, staff did not receive public comment on the draft FY 2024-25 AAP. The City Council public hearing on June 18, 2024 will serve as the second public hearing for review and approval of the FY 2024-25 AAP. The City published a public notice of the City Council public hearing on June 3, 2024, in the Daily Post. This advertisement complies with the City's required 14 -day public notice period for the second public hearing. ENVIRONMENTAL REVIEW For the purposes of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), budgeting by itself is not a project. Prior to the commitment or release of funds for each of the proposed programs, projects, and activities, staff will carry out the required environmental reviews or assessments and certify that the review procedures under HUD, NEPA, and CEQA regulations have been satisfied for each activity. Item 9: Staff Report Pg. 8 Packet Pg. 175 of 692 Item 9 Item 9 Staff Report ATTACHMENTS Attachment A: Draft FY 2024-25 CDBG Annual Action Plan, dated June 3, 2024 Attachment B: Draft Resolution CDBG FY 2024-25 Annual Action Plan Attachment C: Human Relations Commission Review Summary APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 9: Staff Report Pg. 9 Packet Pg. 176 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 CITY OF PALO ALTO ANNUAL ACTION PLAN FISCAL YEAR 2024-2025 DRAFT (June 6, 2024) for City Council Public Meeting: June 18, 2024 ADMINISTERED BY: PLANNING & DEVELOPMENT SERVICES Item 9: Staff Report Pg. 10 Packet Pg. 177 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Table of Contents ExecutiveSummary.................................................................................................................................................. 2 AP -05 Executive Summary - 91.200(c), 91.220(b).................................................................2 TheProcess............................................................................................................................................................... 6 PR -05 Lead and Responsible Agencies - 91.200(b)................................................................6 AP- 10 Consultation - 91.100, 91.200(b), 91.215(1)...............................................................8 AP- 12 Participation - 91.401, 91.105, 91.200(c)................................................................ 16 ExpectedResources................................................................................................................................................ 20 AP- 15 Expected Resources - 91.420(b), 91.220(c)(1,2)......................................................... 20 AnnualGoals and Objectives.................................................................................................................................. 24 AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3)Et(e)............................................... 24 AP -35 Projects - 91.420, 91.220(d)................................................................................ 27 AP -38 Project Summary............................................................................................. 28 AP -50 Geographic Distribution - 91.420, 91.220(f)............................................................. 34 AP -75 Barriers to affordable housing -91.420, 91.220(j)...................................................... 35 AP -85 Other Actions - 91.420, 91.220(k)......................................................................... 38 Program Specific Requirements.............................................................................................................................. 42 AP -90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) ............................................ 42 Appendices............................................................................................................................................................. 43 APPENDIXA........................................................................................................... 43 PublicComments................................................................................................. 43 APPENDIXB........................................................................................................... 44 PublicNotices..................................................................................................... 44 APPENDIXC........................................................................................................... 49 Application for Federal Assistance SF -424 Forms and Certifications ...................................... 49 n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 1 PALO ALTO Item 9: Staff Report Pg. 11 Packet Pg. 178 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Executive Summary AP -05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Palo Alto (City) Fiscal Year (FY) 2024-25 Annual Action Plan (AAP) contains the City's plan to carry out housing and community development activities funded by Federal formula grant funds received from the U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant (CDBG) program. The City operates on a two-year grant funding cycle for CDBG public service grants and a one-year cycle for CDBG capital housing rehabilitation and public facilities and improvement projects. This Action Plan covers the fifth and final year of the City's five-year 2020-2025 Consolidated Plan, which was adopted by the Palo Alto City Council on June 15, 2020. The Planning and Development Services Department is the lead agency for the Consolidated Plan and subsequent 5 Annual Action Plans for the City's CDBG program. HUD requires entitlement jurisdictions to submit a Consolidated Annual Performance and Evaluation Report (CAPER) that describes the distribution of federal entitlement grant funds over the Consolidated Plan's five-year planning period and identifies how funding allocations help meet the goals covered in the Consolidated Plan. The City received its CDBG FY 2024-25 entitlement grant amount on May 7, 2024,CDBG funds available for allocation in FY 2024-25 total $1,037,807.61, which includes the entitlement grant ($513,653), anticipated program income ($60,000) to be receipted in FY 2024-25, and unspent funds from prior years ($461,154.61). The City is aware that program income receipts can be inconsistent and makes its best effort to estimate future income and execute ongoing program budget adjustments as necessary. The City is also reallocating $119,478.74 in CDBG CARES Act (CDBG-CV) funds, including unspent funds from the canceled LifeMoves- COVID-19 Testing project ($34,200.50) and unspent CDBG-CV Planning & Administration funds ($85,278.24) The City's FY 2024-25 AAP covers the time period from July 1, 2024, to June 30, 2025. The FY 2024-25 AAP contains the accomplishments the City expects to achieve in FY 2024-25. All the projects, programs, and activities in the FY 2024-25 AAP reflect the 2020-2025 Consolidated Plan goals. CDBG-funded programs and activities principally benefit City residents that have extremely low, low, and moderate- incomes and/or populations that have special needs, such as the elderly, disabled, and homeless. n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 2 PALO ALTO Item 9: Staff Report Pg. 12 Packet Pg. 179 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Fiscal Year 2024-25 CDBG and CDBG-CV Budget Summary Applicant Agency Allocation Public Services (15% Cap = $77,047.95) Alta Housing - SRO Resident Support Services $11,575 Catholic Charities of Santa Clara County — Long Term Care Ombudsman Program $7 575 LifeMoves — Case Management $28,247 Silicon Valley Independent Living Center (SVILC) — Case Management $14,075 Project Sentinel — Fair Housing Services $15,575 Subtotal $77,047 Economic Development (No Cap) WeeCare/Upwards $120,000 Subtotal $120,000 Housing Rehabilitation (No Cap) Rebuilding Together Peninsula (RTP) — Safe at Home $73,585 Community Work Group/Abode — Alma Garden $404,800 Subtotal $478,385 Public Facilities & Improvements (No Cap) Fire Station — Sidewalk Improvements Project $62,645.61 Homekey Palo Alto — Recreation Project $185,000 Subtotal $247,645.61 Planning & Administration (20% Cap = $114,730.60) City of Palo Alto Planning & Administration $114,730 Subtotal $114,730 Grand Total for CDBG Budget $1,037,807.61 Public Services CDBG-CV CDBG-CV MOVE Mountain View - Safe Parking Program $110,000 Planning & Administration CDBG-CV (20% Cap) CDBG-CV City of Palo Alto Planning & Administration $9,478.74 Grand Total for CDBG-CV Budget $119,478.74 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 3 PALO ALTO Item 9: Staff Report Pg. 13 Packet Pg. 180 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 The City is part of the San Francisco Metropolitan Bay Area, located 35 miles south of San Francisco and 14 miles north of San Jose. The City is located within the County of Santa Clara, borders San Mateo County, and encompasses an area of approximately 26 square miles, one-third of which consists of open space. According to the U.S. Census Bureau, 2022 ACS Census, the City's total resident population is 66,021 and has a density of 2,745 persons per square mile. Between 2020 and 2021 the City's median household income grew from $174,003 to $194,782, a 11.9% increase. According to the U.S. Census data, 6.1% of all residents within the City had incomes below the federal poverty level. The City has the most educated residents in the country and is one of the most expensive cities to live in. According to the 2020 Palo Alto Business & Economic Activity Report in 2020, the City has between 4,100 and 7,000 for-profit and not for profit businesses and 92,000 to 114,000 employees. Additionally, according to the 2023 Point in Time (PIT) homeless count, there were 187 unsheltered homeless individuals and 19 sheltered. The 2022 PIT homeless count revealed there were 263 unsheltered homeless individuals and 11 sheltered homeless individuals in Palo Alto in 2022. This reflects an overall estimated 24.5% decrease in homelessness in Palo Alto. The FY 2024-25 Annual Action Plan provides a summary of how the City will utilize its CDBG allocation to meet the needs of the City's lower -income and special -needs populations. In FY 2023-24, the City received $514,242 from the federal CDBG program and utilized $80,825 of program income. In FY 2024-25, they City has available a total of $1,037,807.61 CDBG funds. This higher amount is largely due to activities identified in past AAPs that were canceled and previously unspent funds from completed activities. Canceled CDBG activities included Downtown Streets Inc. and Mitchell Park Place. Completed activities with remaining FY2021-22 funds were Catholic Charities, Rebuilding Together Peninsula, and City of Palo Alto Planning and Administration; remaining FY2022-22 funds were Catholic Charities, Life Moves, Project Sentinel, and City of Palo Alto Planning and Administration; remaining FY2023-24 funds were City of Palo Alto Planning and Administration. The City also intends to reallocate $119,478.74 in CDBG-CV funds. The canceled CDBG-CV was LifeMoves-COVID-19 Testing. 3. Evaluation of past performance An evaluation of past performance helps City leaders allocate funds to priority activities, as well as select projects that are more aligned with its priority needs and goals. The City is responsible for ensuring compliance with all rules and regulations associated with the CDBG entitlement grant program. Prior Annual Action Plans (AAPs) and Consolidated Annual Performance and Evaluation Reports (CAPERS) provide many details about the accomplishment goals, projects, and programs completed by the City and its subrecipients. A review of the FY 2022-23 CAPER reveals that 310 persons and/or employers were assisted. Specifically: • LMI elderly were assisted: 62 • Residents that received counseling services: 148 • Homeless individuals received shelter: 49 • Individual that received housing complaint services: 22 • Persons with disabilities receiving assistance: 24 .r 1 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 4 PALO ALTO Item 9: Staff Report Pg. 14 Packet Pg. 181 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 • LMI homeowners receiving home improvements: 5 • Workforce development program assistance: 0 The City evaluates the performance of subrecipients on a quarterly basis. Subrecipients submit required quarterly progress reports that include client data, performance objectives, and data on outcome measures. Prior to the start of the program year, subrecipients and the City collaboratively develop program objectives, ensuring that they are aligned with the City's overall goals and strategies. The Citythen utilizes the quarterly reports to review progress toward achievement of annual goals. 4. Summary of Citizen Participation Process and consultation process The City solicited input throughout the development of the FY 2024-25 Annual Action Plan (AAP). As required by HUD, the City provides multiple opportunities for public review and comment on the AAP, as well as any substantial amendments. Per the City's adopted Citizen Participation Plan, the City holds a 30 - day public review comment period for the AAP. The City also publishes the required notification of upcoming public hearings and the 30 -day public review comment period in a local newspaper of general circulation, on the City's CDBG webpage, and via email blasts to stakeholders. The City held two advertised public hearings on the AAP, HRC meeting on February 8, 2024, and the City Council meeting on June 18, 2024. The AAP 30 -day public review period began on March 13, 2024 and ran through April 12, 2024. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Public comments received by the City will be reported here. 6. Summary of comments or views not accepted and the reasons for not accepting them The City accepts and responds to all submitted public comments. As noted above, all public comments were reported and addressed as part of this FY 2024-25 Annual Action Plan. 7. Summary No further discussion n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 5 PALO ALTO Item 9: Staff Report Pg. 15 Packet Pg. 182 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 The Process PR -05 Lead and Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency PALO ALTO CDBG Administrator PALO ALTO Department of Planning & Development Services Table 1— Responsible Agencies Narrative The City is the Lead and Responsible Agency for the United States Department of Housing and Urban Development's (HUD) entitlement programs in Palo Alto. The Department of Planning and Development Services (PDS) is responsible for administering the City's CDBG program. The City joined the HOME Consortium in 2015 and receives federal HOME Investment Partnership (HOME) funds through the County. Entitlement jurisdictions receive entitlement funding (i.e., non-competitive, formula funds) from HUD. HUD requires the City to submit a five-year Consolidated Plan and Annual Action Plan to HUD listing priorities and strategies for the use of its federal funds. 0 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 6 PALO ALTO Item 9: Staff Report Pg. 16 1 Packet Pg. 183 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 The Consolidated Plan helps local jurisdictions to assess their affordable housing and community development needs and market conditions. As a part of the Consolidated Plan process for 2020-2025, the City collaborated with the County of Santa Clara (County) as the Urban County (representing the cities of Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga); the cities of Cupertino, Gilroy, Mountain View, Sunnyvale, San Jose, and Santa Clara; and the Santa Clara County Housing Authority (SCCHA) to identify and prioritize housing and community development needs across the region, and to develop strategies to meet those needs. The FY 2024-25 AAP represents the fifth year of CDBG funding of the 2020-2025 Consolidated Plan. Consolidated Plan Public Contact Information Rebecca Atkinson, Planner City of Palo Alto Department of Planning and Development Services 250 Hamilton Avenue, 5th Floor Palo Alto, CA 94301 E-mail: rebecca.atkinson@cityofpaloalto.org Phone: (650) 329-2596 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 7 PALO ALTO Item 9: Staff Report Pg. 17 1 Packet Pg. 184 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 AP -10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction The Annual Action Plan is a one-year plan that describes the eligible projects, programs, and activities to be undertaken with funds expected during FY 2024-25 and their relationship to the priority housing, homeless, and community development needs outlined in the 2020-25 Consolidated Plan. Consultation with the City and region's social services, Human Relations Commission (HRC), Santa Clara Housing Coordinators group, City Departments, and City Council occurred in the development of the AAP. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). The projects, programs, and activities identified in the Annual Action Plan were shaped through a detailed collaborative process. The City CDBG program administrators performed technical assistance, as well as interviewed and monitored subrecipients. They also conducted consultations with the City's Public Works, Planning, Housing, Human Services, and Economic Development staff. The City continues to work with and consult with city departments, non-profit organizations that provide programs and services for low- income households, private industry, homeless providers, and housing development groups. The City supports the development of affordable housing opportunities both regionally and within the City. City staff provides technical assistance to awarded public service subrecipients and new CDBG applicants, as well as attends monthly Santa Clara County Continuum of Care and Housing Coordinators meetings. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Santa Clara County Office of Supportive Housing is the administrator of the regional Continuum of Care (CoC). The City's Office of Human Services Manager is in contact with the Santa Clara County Office of Supportive Housing and Destination Home regarding issues of homelessness in the community. The Santa Clara County CoC is a group comprising of stakeholders throughout the County, including governmental agencies, homeless service and shelter providers, homeless population, housing advocates, affordable housing developers, and various private parties, including businesses and foundations. City staff continues to attend monthly CoC Housing Coordinator meetings. The CoC plans and prepares significant reports supported by its CDBG entitlements and cities. Reports adopted by the CoC strive to improve conditions forthe homeless, record data related to homelessness, develop a system forvolunteer assistance that helps identify gaps in homeless services, establish funding priorities, and pursue a systematic approach to addressing homelessness. 4t CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 8 PALO ALTO Item 9: Staff Report Pg. 18 Packet Pg. 185 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 The CoC is governed by the CoC Board, which takes a systems -change approach to preventing and ending homelessness. This same CoC Board is comprised of the same individuals who serve on the Destination: Home (Destination Home) Leadership Board. Destination Home is a public -private partnership that is committed to collective impact strategies to end chronic homelessness. Regional efforts of the CoC include the development of The Community Plan to End Homelessness, which identifies strategies to address the needs of people experiencing homelessness in the County, including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. The plan also addresses the needs of persons at risk of homelessness. The new community plan to end homelessness can be viewed at Reports and Publications - Office of Supportive Housing - County of Santa Clara (sccgov.org). As part of the development of the 2020-25 Consolidated Plan, the City directly consulted both the CoC and County Office of Supportive Housing for their expertise and experience in identifying community needs. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City is not an ESG entitlement jurisdiction and therefore does not receive ESG funds. However, the City does administer federal grant programs that help homeless and low-income families in Santa Clara County. The City uses its CDBG-CV funds to support safe parking lots that house non -sheltered homeless persons and families. Annually the City funds its homeless shelter for its supportive case management services. Over the last several years the City has developed funding and building plans for its new Homekey Shelter. Homekey Palo Alto is a planned modular interim housing shelter with the capacity to serve over 200 individuals annually with on -site support services. This project will be constructed by 2025. The City provides local funds for the County to conduct its annual Point in Time (PIT) count, an annual regional collaborative effort to count and survey sheltered and unsheltered people experiencing homelessness. The data from the County of Santa Clara PIT count is used to plan, fund, and implement actions for reducing chronic homelessness and circumstances that bring about homelessness. For 2023, the PIT count was conducted on January 26, 2023. The CoC reported there were 275 persons placed in transitional housing, 1,480 persons sheltered, and 5,904 persons unsheltered. There were 187 unsheltered homeless individuals and 19 sheltered in the City of Palo Alto. The City's 2022 PIT homeless count was 263 unsheltered homeless individuals and 11 sheltered homeless individuals. This reflects an overall estimated 24.5% decrease in homelessness in Palo Alto. The Santa Clara County Office of Supportive Services takes the role of Homeless Management Information System (HMIS) administration. The County, and its consultant Bitfocus, work jointly to operate and oversee HMIS. Both software and HMIS system administration are now provided by Bitfocus. Funding for 1 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 9 PALO ALTO Item 9: Staff Report Pg. 19 Packet Pg. 186 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 HMIS in Santa Clara County comes from HUD, the County of Santa Clara, and the City of San Jose. The County's HMIS is used by many City service providers across the region to record information and report outcomes. 2. Agencies, groups, organizations and others who participated in the process and consultations CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 110 PALO ALTO Item 9: Staff Report Pg. 20 Packet Pg. 187 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 1 2 3 4 ncies, groups, organizations wno participatea Agency/Group/Organization REBUILDING TOGETHER PENINSULA Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Affordable Housing Preservation Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? SILICON VALLEY INDEPENDENT LIVING CENTER Services - Housing Services -Elderly Persons Services -Persons with Disabilities Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. Agency/Group/Organization PROJECT SENTINEL Agency/Group/Organization Type Services - Housing Fair Housing and mediation services What section of the Plan was addressed by Consultation? Fair Housing Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. Agency/Group/Organization Agency/Group/Organization Type ALTA HOUSING Services - Housing CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 111 PALO ALTO Item 9: Staff Report Pg. 21 1 Packet Pg. 188 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 5 What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? LIFEMOVES Services -homeless Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs — Veterans Strengthening Neighborhoods — Public Facilities Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. 6 Agency/Group/Organization CATHOLIC CHARITIES Agency/Group/Organization Type Services -Housing What section of the Plan was addressed by Consultation? Non -Homeless Special Needs 7 Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. Agency/Group/Organization WEECARE/UPWARDS Agency/Group/Organization Type Business and Civic Leaders What section of the Plan was addressed by Consultation? Economic Development CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 112 PALO ALTO Item 9: Staff Report Pg. 22 1 Packet Pg. 189 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. Agency/Group/Organization I COMMUNINITY WORK GROUP/ABODE Agency/Group/Organization Type I Housing What section of the Plan was addressed by Consultation? I Affordable Housing Preservation Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. E Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? MOVE MOUNTAIN VIEW Services -homeless Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Briefly describe how the Agency/Group/Organization was consulted. What Attended pre -application workshop. Stakeholder are the anticipated outcomes of the consultation or areas for improved communications and application submission and coordination? project selection. 10 Agency/Group/Organization PEARL TRANSIT CORP. Agency/Group/Organization Type I Business and Civic Leaders What section of the Plan was addressed by Consultation? I Non -Homeless Special Needs CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 113 PALO ALTO Item 9: Staff Report Pg. 23 Packet Pg. 190 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Briefly describe how the Agency/Group/Organization was consulted. What Stakeholder communications and application are the anticipated outcomes of the consultation or areas for improved submission and project not selected. coordination? Table 2 - Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting There were no gaps in the consultation process. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Regional Continuum of Identifies housing inventory count to facilitate the provision of housing services to Continuum of Care Care Council those experiencing homelessness. Identifies barriers to affordable housing, such as land- use controls, inefficiencies of the Housing Element City of Palo Alto development review process, and strategies to alleviate such barriers. 2019 & 2020 STD/HIV Santa Clare County This report provides a summary of findings for Santa Clara County HIV surveillance data. Annual Report SCCHA Moving to Work Santa Clara County Addresses housing authority updates and strategies pertaining to public housing and Annual Plan Housing Authority vouchers. Regional Housing Need This plan analyzes the total regional housing need for the County and all of the Bay Association of Bay Area Plan for San Francisco Area. This effort aligns with the Strategic Plan's goal to assist in the creation and Governments Bay A preservation of affordable housing. The Community Plan to End Homelessness in the County is a five-year plan to guide Community Plan to End governmental actors, nonprofits, and other community members as they make Homelessness in Santa Destination: Home decisions about funding, programs, priorities and needs. This effort aligns with the Clara Strategic Plan's goal to support activities to end homelessness. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 114 PALO ALTO Item 9: Staff Report Pg. 24 1 Packet Pg. 191 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Palo Alto This plan details recommendations for infrastructure maintenance and replace, as well Palo Alto's Infrastructure Blue Ribbon as identifies potential sources of funding. This effort aligns with the Strategic Plan's goal Infrastructure: Catching Plan. Accessibility to support activities that strengthen neighborhoods through the provision of Up, Keeping Up Summary community services and public improvements. This plan is the primary tool for guiding future development in Palo Alto. It provides a City of Palo Alto guide for long- term choices and goals for the City future. This effort aligns with the Comprehensive Plan City of Palo Alto Strategic Plan's goal to support activities that strengthen neighborhoods through the (2030) provision of community services and public improvements. Table 2 - Other local / regional / federal planning efforts Narrative No additional content needed. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 115 PALO ALTO Item 9: Staff Report Pg. 25 Packet Pg. 192 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 AP -12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The Planning and Development Services Department is the lead agency for overseeing the development of the Consolidated Plan and Action Plan. Per the City's adopted Citizen Participation Plan, the City is to allow a 30 -day public review and comment period for the Action Plan. The City published notifications of public hearings and the 30 -day public review comment period in the local newspaper of general circulation, on its CDBG webpage, and via email blasts. The City held two advertised public hearings on February 8, 2024, and June 18, 2024. The Action Plan 30 -day public review period began on March 13, 2024 and ran through April 12, 2024. The City has not received any public comments to date. (Any comments to be inserted here once public hearings are completed) Citizen Participation Outreach Sort Or Mode of Outr Target of Outre Summary of Summary of Summary of URL (If applicable) der each ach response/attenda comments received comments nce not accepted and reasons 4 new CDBG Non- applications were targeted/broad https://www.cityofpaloalto.orp-/files received; 6 applications community Accepted NOFA /assets/public/v/1/planning-amp- Newspaper Ad were received in application between All comments development-services/cdbg-general- 1 & Internet Email Blast to October 3 — Program Year 1 and accepted information/py-2024-2025-cdbg- Outreach interested November 17, 2023. applied to Year 2 of the nofa-application-package- organizations, two year funding cycle. 10.02.23.pdf. And 2 new CDBG-CV persons applications. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 116 PALO ALTO Item 9: Staff Report Pg. 26 1 Packet Pg. 193 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Sort Or Mode of Outr Target of Outre Summary of Summary of Summary of URL (If applicable) der each ach response/attenda comments received comments nce not accepted and reasons https://cityofpaIoa Ito.zoom.us/rec/s hare/OEnSZX1HwWN6fKv2PHYowU myEheUO0GEkAA3 grogQrkPOmzJn EB9x4C6eVDipHo.zOLaGzGCkZuWtP SE https://www.cityofpa loalto.org/fi les 2 Consultation Listing Social Service, City Departments, Area Housing developers Pre -Application Conference on October 26, 2023 Application description, stakeholder consultation All comments accepted /assets/public/v/1/planning-amp- development-services/cdbg-general- i nformation/pla ns-a nd- repoits/action-plans/py-2024-25- pre-proposa l-conf-pres-10-26-23.pdf Notice of Human Relations 3 Newspaper Ad Non- targeted/broad community Commission & City Council Public Hearings announced FY2024-25 CDBG Funding Allocations, published in the No comments received All comments accepted https://www.cityofpaloalto.org/Dep artments/Planning-Development- Services/Housing-Policies- Protects/Community-Development- Block -Grant Daily Post on January 24, 2024. HRC met on Feb 8, Non- 2024, to discuss All comments https://www.cityofpaIoaIto.org/City- HalI/Boards-Commissions/Human- 4 Public Hearing targeted/broad FY2024-25 No comments received will be Relations -Commission community Applications and AAP accepted activities. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 117 PALO ALTO Item 9: Staff Report Pg. 27 1 Packet Pg. 194 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Sort Or Mode of Outr Target of Outre Summary of Summary of Summary of URL (If applicable) der each ach response/attenda comments received comments nce not accepted and reasons Notice of City Council Public Hearing announcing FY2024- 25 CDBG Funding Allocations, published in the Non- All comments Daily Post on March 5 Newspaper Ad targeted/broad Not yet completed will be 13, 2024. community accepted CORRECTION NOTICE of City Council Public Hearing Date published in Daily Post on June 3, 2024. The City Council held its second public hearing on June 18, Non- All comments 2024, to discuss 6 Public Hearing targeted/broad Not yet completed will be Draft AAP. Council community accepted members recommended approval. Jan 24th No comments https://www.cityofpaloalto.org/Dep Non- received All comments artments/Planning-Development- Internet Webpage postings 7 targeted/broad will be Services/Housing-Policies- Outreach community for both hearings March 13th No accepted Projects/Community-Development- comments received Block -Grant CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 118 PALO ALTO Item 9: Staff Report Pg. 28 1 Packet Pg. 195 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Sort Or der Mode of Outr each Target of Outre ach Summary of response/attenda nce Summary of comments received Summary of comments not accepted and reasons URL (If applicable) Non- 3 Email Blasts were Jan 24th No comments targeted/broad sent on January 24 received community and March 13, 2024, Internet and June 3, 2024, to March 13th No All comments 8 willbe Outreach Email Blast to all documented comments received accepted interested contacts, interested organizations, agencies, and June 3rd No comments persons individuals. received Table 3 — Citizen Participation Outreach CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 119 PALO ALTO Item 9: Staff Report Pg. 29 Packet Pg. 196 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Expected Resources AP -15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction In FY 2024-25, the City will allocate a total of $1,037,807.61 CDBG funds to eligible activities that address the needs identified in the Consolidated Plan. These CDBG funds reflect the sum of a $513,653 FY 2024-25 Entitlement Grant, $60,000 Program Income (estimated) to be receipted in FY 2024-25, and $464,154.61 in unspent funds from prior years that are reallocated. The City acknowledges that program income receipts may vary and endeavors to forecast future income while implementing necessary adjustments to the ongoing program budget. In FY 2024-25, the City reallocated a total of $119,478.74 in CDBG CV funds to eligible activities to prevent and respond to the spread of coronavirus. The total reallocated CDBG-CV funds is the sum of $34,200.50 unspent funds from the canceled LifeMoves-COVID-19 Testing Project and $85,278.24 unspent funds from Planning & Administration funds. It should be noted that while the HUD CDBG allocations are critical, the allocations are not sufficient to overcome barriers and address all needs that low- income individuals and families face in attaining self-sufficiency. The City efforts include leveraging local county, regional, state and federal funds estimating $5.3 million, that align with goals outlined in the Consolidated Plan. The City continues to leverage additional resources, as described below, to provide support and services to the communities' populations in need. The following section discusses the anticipated resources available for community development activities during the remaining year of the City's 5 -Year Consolidated Plan. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 120 PALO ALTO Item 9: Staff Report Pg. 30 1 Packet Pg. 197 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 5 Expected Amount Narrative Description Annual Program Prior Year Total: Allocation Income: $ Resources: $ $ Available $ Remainder of ConPlan CDBG public - 513,653 60,000 464,154.61 1,037,807.61 1,037,807.61 This is the 5th year of the 2020-2025 ConPlan. federal Admin and (estimate CDBG CDBG CDBG CDBG funds are used for public services that Planning d) benefit low income and special needs Economic $119,478.74 $119,478.74 $119,478.74 households, economic development, housing rehabilitation through preservation of owner - Development CDBG-CV CDBG-CV CDBG-CV occupied homes, and public facilities & Housing improvement projects. A total of $464,154.61 Public in unspent funds from prior years are Improvements reprogrammed in the FY2024-25 AAP. The Public Services following canceled projects required a substantial amendment for their corresponding program years: -PY 2021-22 Downtown Streets Inc. - Workforce Development Program project $133,068.07. In total, $191,018.05 of unspent funds from PY2021-22 are available for reprogramming. -PY 2022-23 Mitchell Park Place project $356,330. Reconciliation of PI receipted resulted in total $269,435.96 unspent funds from PY2022-23 are available for reprogramming. In total, $3,700.60 of unspent funds from PY2021-22 are available for reprogramming. All prior years' resources were reallocated to PY2024-25 Housing Rehabilitation projects. Table 4 - Expected Resources — Priority Table CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 121 PALO ALTO Item 9: Staff Report Pg. 31 1 Packet Pg. 198 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City joined the Santa Clara County's HOME Consortium in 2015 and does not receive federal HOME funds on an entitlement basis from HUD. The HOME Consortia consists of the cities of Cupertino, Gilroy, Palo Alto, and the Urban County. HOME funds can be used to fund eligible affordable housing projects for acquisition, construction, and rehabilitation. Starting in FY 2015- 16 developers of affordable housing projects were eligible to competitively apply through an annual RFP process directly to the County for HOME funds to help subsidize affordable housing projects in Palo Alto. Applications are directly submitted through the County's request for proposal process for available HOME funds. Certain nonprofit organizations known as Community Housing Development Organizations (CHDOs) may also apply for funding from California Department of Housing and Community Development (HCD) for housing projects located within Palo Alto. The City has only received one HOME grant from 1992 HOME funding for the Barker Hotel project. Proceeds from HOME loan repayments are deposited into a HOME Program Income Fund and used in accordance with the HOME program regulations. In addition, the County funds only projects that has the local support of the City. If the City receives HOME dollars from its participation in the HOME consortium, the required 25% matching funds will be provided from the City's Affordable Housing Fund, which is comprised of two sub - funds: the Commercial Housing Fund and the Residential Housing Fund. To date, no projects within the City have been funded through the HOME Consortium. Moving forward, the City plans to increase outreach to developers in the City to provide additional information on the HOME Consortium and available funding. Other State and Federal Grant Programs In addition to the CDBG entitlement dollars, the federal government has several other funding programs for community development and affordable housing activities. These include Section 8 Housing Choice Voucher Program, Section 202, Section 811, the Federal Home Loan Bank Affordable Housing Program (AHP), and others. It should be noted that in most cases, the City would not be the applicant for these funding sources as many of these programs offer assistance to affordable housing developers rather than local jurisdictions. The projects funded leverage private, HSPAP, and County funds estimated 1.6 million to support their programs. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 122 PALO ALTO Item 9: Staff Report Pg. 32 1 Packet Pg. 199 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 In September 2022, multiple State bills were signed, including SB 6 (Middle -Class Housing Act) and AB 2011 to advance housing development progress. These two bills streamline the regulatory process and ensure that workers building homes are being paid a fair wage. The bill helps generate new housing units plus general thousands of jobs. The California Housing Accelerator provided funding for shovel -ready projects in 2022 whose financing was stalled because of the difficulty in receiving tax credits. The City continues to track and look for opportunities to leverage State resources for the City. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has no surplus public land. Discussion Local Housing and Community Development Sources. Other local resources that support housing and community development programs include: • Palo Alto Commercial Housing Fund provides assistance for the development of below market rate (BMR) housing units which are, in part, funded by mitigation fees obtained from commercial and industrial development projects. • ADA coordinator and city-wide ADA capital improvement listing. • The Housing Element outlines the City's detailed housing priorities and needs. • Rebuilding Together Peninsula assists 4-6 low -to moderate income homeowners with home improvements. 0 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 123 PALO ALTO Item 9: Staff Report Pg. 33 1 Packet Pg. 200 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Annual Goals and Objectives AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Affordable 2020 2025 Affordable Affordable Housing CDBG: $478,385 Homeowner Housing Housing Housing Rehabilitated: 5 Households Rehabilitating rental housing units for extremely low income households: 10 2 Homelessness 2020 2025 Homeless Homelessness CDBG: $28,247 Public service activities other than Low/Moderate Income Housing CDBG Benefit: 158 CDBG-CV: Persons Assisted $110,000 CDBG-CV Benefit: 150 Persons Assisted CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 124 PALO ALTO Item 9: Staff Report Pg. 34 1 Packet Pg. 201 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 3 Strengthen 2020 2025 Non -Homeless Community Services CDBG: $ Public Facility or Infrastructure Neighborhoods Special Needs and Public $252,717.61 Activities other than Non -Housing Improvements Low/Moderate Income Housing Community Benefit: 435 households Development Assisted Public service activities other than Low/Moderate Income Housing Benefit: 75 Persons Assisted 4 Fair Housing 2020 2025 Non -Housing Fair Housing CDBG: $15,575 Public service activities other Community than Low/Moderate Income Development Housing Benefit: 12 Persons Assisted 5 Economic 2015 2020 Non -Housing Economic CDBG: $120,000 Jobs created/retained: 0 Jobs Development Community Development Businesses assisted: 15 Development Businesses Assisted Table 5 — Goals Summary CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 125 PALO ALTO Item 9: Staff Report Pg. 35 1 Packet Pg. 202 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Goal Descriptions The goal of the City of Palo Alto, with funding from CDBG, is to increase self-sufficiency, housing opportunities and economic opportunity for lower -income residents and individuals so that they can achieve a higher quality of life. In 2020, the City has established the following goals as a guide for allocating CDBG funding during the 5 -year consolidated planning period: Goal Name Affordable Housing 1 Goal Description Assist in the creation and preservation of affordable housing for low income and special needs households. Goal Name Homelessness 2 Prevent and end homelessness, such as funding affordable housing opportunities, resource centers for homeless Goal Description individuals, and support for tenants of single -room occupancy units Goal Name Strengthen Neighborhoods 3 Provide community services and public improvements to benefit low-income and special needs households. This includes Goal Description assisting those with disabilities to transition from unstable housing to permanent housing, supporting residents of long- term care facilities, and supporting individuals experiencing domestic violence. Goal Name Fair Housing 4 Promote fair housing choice by funding fair housing organizations to provide fair housing services, such as education, Goal Description tenant -landlord mediation, and testing. Goal Name Economic Development 5 Support economic development activities that promote employment growth and help lower -income people secure and Goal Description maintain jobs. This includes funding nonprofits working toward developing the skills of low-income and homeless individuals. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 126 PALO ALTO Item 9: Staff Report Pg. 36 1 Packet Pg. 203 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 �►P-35 Projects - 91.420, 91.220(d) Introduction The Consolidated Plan goals represent high priority needs for the City of Palo Alto (City) and serve as the basis for the strategic actions the City undertakes to meet these needs. The projects, listed in no particular order are: # Project Name CDBG and CDBG-CV 1 2024 Alta Housing SRO Resident Support Services 2 2024 Catholic Charities of Santa Clara County: Long Term Care Ombudsman Program 3 2024 LifeMoves: Case Management 4 2024 Silicon Valley Independent Living Center (SVILC): Case Management 5 2024 Project Sentinel — Fair Housing Services 6 2024 WeeCare/Upwards 7 2024 Rebuilding Together Peninsula (RTP) — Safe at Home 8 2024 Community Work Group/Abode — Alma Garden 9 2024 Fire Station — Sidewalk Improvements Project 10 2024 HomeKey Palo Alto — Recreation Project 11 2024 Planning & Administration 12 2024 CDBG-CV MOVE Mountain View - Safe Parking Program 13 2024 CDBG-CV Planning & Administration Table 6 — Project Information CDBG Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City awards CDBG funding to projects and programs that primarily benefits low-income, homeless and special needs households. The City operates on a two-year grant funding cycle for CDBG public service grants and a one-year cycle for CDBG capital housing rehabilitation and public facilities and improvement projects. Projects are only considered for funding within the Consolidated Plan period if they address the goals discussed. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 127 PALO ALTO Item 9: Staff Report Pg. 37 Packet Pg. 204 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 `AP -38 Project Summary Project Summary Information 1 Project Name 2024 Alta Housing SRO Resident Support Services Program Target Area Citywide Goals Supported Homelessness Needs Addressed Homelessness Funding CDBG: $11,575 Description SRO Resident Support Services Program. Eligible Activity (Matrix Code): 05O, Mental Health Services CDBG National Objective: LMC Target Date 6/30/2025 Estimate the number Case management and support counseling services will be provided to and type of families an estimated 131 residents of Barker Hotel and Alma Place. that will benefit from the proposed activities Location Description 439 Emerson Street, Palo Alto, CA 94301 735 Alma Street Palo Alto, CA 94301 Planned Activities Alta Housing's Resident Support Services program project activities include case management and counseling services to residents at the Barker Hotel (25 units) and at Alma Place (106 units). Funding would support a SRO Service Coordinator services to assist residents with managing daily living skills, maintaining their mental and physical health, one-on-one support counseling, and crisis intervention. 2 Project Name 2024 Catholic Charities of Santa Clara County: Long Term Care Ombudsman Program Target Area Citywide Goals Supported Strengthen Neighborhoods Needs Addressed Community Services Funding CDBG: $7,575 Description Long -Term Care Ombudsman Program. Eligible Activity (Matrix Code): 05A, Senior Services CDBG National Objective: LMC Target Date 6/30/2025 Estimate the number The program will provide advocacy and complaint investigation for 50 and type of families elderly residents of long-term care facilities in Palo Alto. that will benefit from the proposed activities Location Description Long-term care and skilled nursing facilities throughout the City. Planned Activities Catholic Charities' Long -Term Care Ombudsman Program (LTCOP) project activities include regular contact with Palo Alto Residential Care Facilities to observe and monitor conditions of care and handle and resolve issues regarding residents' rights, unmet needs, allegations of abuse, and complaints effectively, thus promoting resident well-being. Funding would support Program services. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 128 PALO ALTO Item 9: Staff Report Pg. 38 Packet Pg. 205 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 3 Project Name 2024 LifeMoves: Case Management Target Area Citywide Goals Supported Homelessness Needs Addressed Homelessness Funding CDBG: $28,247 Description Opportunity Services Center/Hotel De Zink Eligible Activity (Matrix Code):- 03T, Operating Costs of Homeless/AIDS Patients Programs CDBG National Objective: LMC Target Date 6/30/2025 Estimate the number 27 unduplicated individuals (homeless and/or very low-income and type of families individuals per year) will receive case management services, including that will benefit from assistance with housing/job searches, referrals and mentoring at the the proposed activities Opportunity Services Center and Hotel De Zink. Location Description 33 Encina Way, Palo Alto, CA 94301 Planned Activities LifeMoves project activities include case management services to Opportunity Services Center and Hotel De Zink clients in locating housing and/or employment and be connected to benefits. Additionally, activities include provision of services at the Opportunity Services Center, such as showers, restrooms, laundry facilities, benefits enrollment assistance, transportation vouchers, and referrals for medical and dental care for residents of Palo Alto and surrounding areas who are homeless or at risk of homelessness. 4 Project Name 2024 Silicon Valley Independent Living Center (SVILC): Case Management Target Area Citywide Goals Supported Strengthen Neighborhoods Needs Addressed Community Services and Public Improvements Funding CDBG: $14,075 Description Case Management. Eligible Activity (Matrix Code): 05B, Handicapped Services CDBG National Objective: LMC Target Date 6/30/2025 Estimate the number 25 unduplicated Palo Alto residents will benefit from one-on-one and type of families housing assistance. that will benefit from the proposed activities Location Description Citywide n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 129 PALO ALTO Item 9: Staff Report Pg. 39 Packet Pg. 206 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Planned Activities Silicon Valley Independent Living Center (SVILC) project activities assist very low income Palo Alto residents with disabilities and their families with their housing search for affordable, accessible housing. Funding would support the Housing and Emergency Services for Persons with Disabilities Program and case management services. The Program provides education & training on all aspects of how to conduct a housing search to transition from homelessness, health care facilities, or unstable, temporary housing into safe, long-term community -based housing. It includes group workshops, one-on-one service training, and access to IL (Independent Living) services, including emergency food assistance, security deposits/rent (as funding allows), information & referral to ensure the long-term sustainability of housing. 5 Project Name 2024 Project Sentinel — Fair Housing Services Target Area Citywide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $15,575 Description Fair Housing Services. Eligible Activity (Matrix Code): O5J, Fair Housing Activities CDBG National Objective: LMC 24 CFR 570.208(a)(2) Target Date 6/30/2025 Estimate the number 12 unduplicated low and moderate income individuals will be provided and type of families with fair housing services of complaint counseling, investigation, and that will benefit from where appropriate enforcement referral. the proposed activities Location Description Citywide Planned Activities Project Sentinel's project activities include fair housing counseling and investigative services for Palo Alto residents through casework, increase knowledge of fair housing laws and individual counseling on the fair housing laws to improve understanding of residents' and housing providers' rights or obligations. Funding would provide operating expenses for these fair housing services. 6 Project Name 2024 WeeCare/Upwards Target Area Citywide Goals Supported Economic Development Needs Addressed Economic Development Funding CDBG: $120,000 Description WeeCare/Upwards assists Family Childcare Home microenterprise businesses and will provide business improvement services to such businesses in the City. Eligible Activity (Matrix Code): 18B Economic Development -Technical Assistance. CDBG National Objective LMCSV Target Date 6/30/2025 n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 130 PALO ALTO Item 9: Staff Report Pg. 40 Packet Pg. 207 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Estimate the number 15 daycare microenterprises will benefit from this project. Plus, the and type of families possibility of new full-time jobs will be created by WeeCare/Upwards. that will benefit from the proposed activities Location Description Citywide Planned Activities WeeCare/Upwards, a for-profit organization, project activities support their BOOST program for low-income Family Child Care Home (FCCH) providers in Palo Alto. The BOOST program provides specialized technical assistance and business support for income qualifying FCCH's. 7 Project Name 2024 Rebuilding Together Peninsula (RTP)— Safe at Home Target Area Citywide Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $73,585 Description Eligible Activity (Matrix Code): 14A National Objective LMH 24 CFR 570.202(a)(1) Target Date 6/30/2025 Estimate the number 5 LMI households will benefit from home improvements. and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities RTP project activities preserve affordable housing by transforming homes at no cost to the service recipient. The majority of the low- income homeowners served will be elderly seniors and/or people with disabilities, who are physically and or financially unable to maintain safe living conditions for themselves and their families. Funding covers the costs of home repair, such as construction materials and payment of subcontractors. 8 Project Name 2024 Community Work Group/Abode — Alma Garden Target Area 2024 Alma Garden Apartments 2507-2533 Alma Street, Palo Alto, CA 94306 Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $404,800 Description Eligible Activity (Matrix Code): 14B National Objective LMH 24 CFR 570.202(a)(1) Target Date 6/30/2025 Estimate the number 10 LMI households will benefit from apartment unit improvements. and type of families that will benefit from the proposed activities Location Description Citywide CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 131 PALO ALTO Item 9: Staff Report Pg. 41 Packet Pg. 208 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Planned Activities Community Work Group/Abode project activities include rehabilitating rental housing units in Alma Garden, an affordable multi -family housing complex for extremely low income households, to address existing health and safety concerns. Funding would be spent on a project manager, bathroom upgrades, exterior repairs, and electrical and water utility upgrades. 9 Project Name 2024 Fire Station — Sidewalk Improvements Project Target Area City -Wide Goals Supported Strengthen Neighborhoods Needs Addressed Community Services and Public Improvements Funding CDBG: $62,645.61 Description This project will focus on renovations of sidewalks, curbs, and curb ramps located at 3600 Middlefield Road. Eligible Activity (Matrix Code): 03L, Sidewalks National Objective LMC Target Date 9/30/2025 Estimate the number 331 LMI households and type of families that will benefit from the proposed activities Location Description 3600 Middlefield Rd, Palo Alto, CA 94303, Fire Station No.4 Planned Activities Plan, design and reconstruct the sidewalk, curbs and curb ramps at the intersection area of Meadow Drive and Middlefield Road. The anticipated project requires a contractor bidding process and has an estimated completion timeframe of 18 months. 10 Project Name 2024 Homekey Palo Alto — Recreation Project Target Area City -Wide Goals Supported Homelessness Needs Addressed Homeless Funding CDBG: $185,000 Description This project will provide an on -site play structure and area at the HomeKey Palo Alto shelter. Eligible Activity (Matrix Code): 03C, Homeless Facilities National Objective LMC Target Date 6/30/2025 Estimate the number 104 households annually and type of families that will benefit from the proposed activities Location Description 1237 San Antonio Road Planned Activities LifeMoves, this homeless service provider will manage the design and construction of recreation area and recreation equipment within the Homekey Palo Alto shelter property. The anticipated project completion timeframe is 12 months. 11 Project Name 2024 Planning & Administration CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 132 PALO ALTO Item 9: Staff Report Pg. 42 Packet Pg. 209 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Target Area Citywide Goals Supported Strengthen Neighborhoods Needs Addressed Community Services and Public Improvements Funding CDBG: $114,730 Description Eligible Activity (Matrix Code): 21A, General Program Administration Planning and Administration: CDBG Citation: 570.206(a) Target Date 6/30/2025 Estimate the number The City will provide general administrative support to the CDBG and type of families program. that will benefit from the proposed activities Location Description Citywide Planned Activities Administer the administrative costs for the overall management, coordination, and evaluation of the CDBG program, and the project delivery costs associated with bringing projects to completion. 12 Project Name 2024 CDBG-CV MOVE Mountain View — Safe Parking Program Target Area City -Wide Goals Supported Homelessness Needs Addressed Homelessness Funding CDBG: $110,000 Description MMW operates and provides homeless services at multiple approved Safe Parking Lots in Palo Alto. Case managers helping assist homeless individuals staying on approved parking lots. Eligible Activity (Matrix Code): 03T, National Objective LMC Target Date 6/30/2025 Estimate the number 150 individuals will be assisted through the safe parking program. and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities CDBG funds will be used for case management staff salaries working with the MMV Safe Parking Program. Establishing housing partnership with property owners and landlords. Rather than solely referring clients to existing housing opportunities, MOVE MV case managers and or housing specialists forge direct connections by facilitating client sponsorship in rental placement. Beneficiaries include vehicle dwellers and other homeless persons living in Palo Alto parking lots. 13 Project Name 2024 CDBG-CV Planning & Administration Target Area City -Wide Goals Supported Strengthen Neighborhoods Needs Addressed Community Services and Public Improvements Funding CDBG: $9,478.74 Description Planning and Administration: CDBG Citation: 570.206(a) Target Date 6/30/2025 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 133 PALO ALTO Item 9: Staff Report Pg. 43 Packet Pg. 210 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Estimate the number The City will provide general administrative support to the CDBG-CV and type of families program. that will benefit from the proposed activities Location Description Citywide Planned Activities Administer the administrative costs for the overall management, coordination, and evaluation of the CDBG-CV program, and the project delivery costs associated with bringing projects to completion. AP -50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed. The City allocates CDBG funds to benefit low -moderate income (LMI) households and does not have any designated target areas. Instead, the City focuses CDBG funds on public services, housing preservation, economic development -business assistance, and capital improvements across the City as a whole. Geographic Distribution Target Area Percentage of Funds Citywide 100% Table 7 - Geographic Distribution Rationale for the priorities for allocating investments geographically This question is not applicable to Palo Alto's program. Discussion See discussion above. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 134 PALO ALTO Item 9: Staff Report Pg. 44 Packet Pg. 211 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 AP -75 Barriers to affordable housing -91.420, 91.220(j) Introduction The City of Palo Alto is committed to providing equitable opportunities to all residents of Palo Alto in order to expand access to housing and increase housing mobility. The City will take action to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities. The City's Housing Element contains a listing of actions established to reduce the barriers to affordable housing, including but not limited to racial inequities, high housing and land costs, regulatory constraints, and public resistance. Currently the City is experiencing a constrained housing supply market, so when housing developments produce housing units that are considered "relatively" affordable, higher - income buyers and renters outbid lower -income households. Subsequently, a home's final sale or rental price may exceed the projected sales or rental costs. Public subsidies are often needed to guarantee affordable homes for low- and moderate -income households. The City wants to ensure adequate planning is undertaken to provide its "fair share" of affordable and market -rate housing, demonstrating a strategy for removing barriers to increase housing production that addresses today's housing shortage. To address the requirements of AB 686, the City participated in the 2020-2025 Santa Clara County Consolidated Plan (ConPlan). The County's ConPlan identifies eight housing goals for the County and each of its participating jurisdictions, including Palo Alto. Additionally, the ConPlan identifies regional and local barriers to fair housing around the region, with heavy emphasis on racial and economic disparity, land use and zoning, and lack of assistance and resources. Programs were identified to reduce barriers in the City, including adjusting zoning amendments to expand affordable and alternative housing opportunities and increasing accessibility to information. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. Palo Alto is addressing the barriers to affordable housing through: • Density Bonus Ordinance: The City recently updated its Density Bonus Ordinance, which lowered the eligibility requirements to qualify for a higher density bonus percentage up to 80% and provided more exceptions to applicable zoning and development standards. One significant update is if a 100% affordable development is located within half a mile of a major transit stop, the City cannot impose any density limits and is entitled to a maximum height increase of three additional stories or 33 feet. • Remove Density requirements in certain zoning districts. • Below Market Rate (BMR) Housing Program: Established in 1974, the City's BMR requires developers to provide a certain percentage of units as BMR in every approved project of three units or more. The program originally required that for developments on sites of less than five acres, the developer must provide 15 percent of the total housing units as BMR housing units. If n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 135 PALO ALTO Item 9: Staff Report Pg. 45 Packet Pg. 212 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 the site was larger than five acres, the developer was required to provide 20 percent of the units as BMR housing. The City of Palo Alto has historically used in -lieu fees and development impact fees charged on new, market -rate housing and/or commercial development to finance 100% affordable developments. The City updated its Commercial and Residential Impact Fee Nexus Studies and adopted two ordinances making changes to its BMR program and adopted a new fee structure. The ordinances became effective on June 19, 2017. • Fair Housing: Protect tenants from displacement through more robust tenant protections and better access to legal services. The City annually provides CDBG funding to Project Sentinel, a non- profit entity that provides expertise in fair housing law and tenant -landlord disputes. Program services include information, referrals, community outreach, and education. In addition, Project Sentinel resolves fair housing complaints via investigation, mediation, education and outreach to both property owners and tenants about fair housing policies. • Fair Housing: Increase access to lending opportunities for residents of historically low-income communities of color. • Housing Incentive Program (HIP): Effective May 2, 2019, the HIP was enacted as an alternative to the State Density Bonus law and provides development incentives including no housing density restrictions, increased floor area ratios and increased lot coverage. The HIP is available to specific areas of the City where higher -density development is encouraged. • Affordable Housing (AH) Combining District: In 2018, the City Council adopted the Affordable Housing Combining District to provide flexible development standards beyond the State Density Bonus Law to allow 100% affordable housing projects located in a commercially zoned area. • Workforce Housing (WH) Combining District: The City Council also adopted in 2018 the Workforce Housing Combining District to encourage the development of housing within half -mile of major fixed rail transit by modifying flexible development standards for the public facilities (PF) zoning district. • The average Palo Alto home, as of February 1, 2023, costs about 8 times the national average home price, and the monthly rent is about 2.5 times the national average. • Title 18 (Zoning) Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units: The City recently updated amended its Ordinance Title 18, which included "the development of a single-family home, ADU, and/or a JADU on a lot that allows for single-family development shall not be considered a multifamily development pursuant to PAMC Section 18.04.030, nor shall they require Architectural Review pursuant to other sections of Chapter 18. In addition to addressing the square footage height restrictions, 18.09.040 • The City Amended Chapter 9.68 (Rental Housing Stabilization) of the Municipal Code to expand just cause eviction protections to Palo Alto renters, including reducing the minimum time period 1 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 136 PALO ALTO Item 9: Staff Report Pg. 46 Packet Pg. 213 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 required for renters to qualify for just cause eviction protections. Discussion Please see above. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 137 PALO ALTO Item 9: Staff Report Pg. 47 Packet Pg. 214 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 AP -85 Other Actions - 91.420, 91.220(k) Introduction The following provides a description of today's obstacles and or barriers to meeting LMI or underserved populations, including vulnerable populations, housing preservation needs, lead -paint issues, increased earning capacity for LMI households, city delivery structure for supporting needed services, and regional approaches to serving and helping the homeless populations. Actions planned to address obstacles to meeting underserved needs The City collaborative works with social service providers, affordable housing developers, housing preservation entities, fair housing and homeless assistance agencies to address obstacles to permanent housing for all residents. To address this, the City supplements its CDBG funding with other resources and funds, such as: • Support social services entities including Alta Housing and Catholic Charities that provide needed supportive services for extremely low-income and or elderly residents. • In FY 2022-23, the City's Human Service Resource Allocation Process (HSRAP) provided $622,377 from the General Fund in support of human services. The HSRAP funds, in conjunction with the CDBG public service funds, are distributed to local non-profit agencies. • Support low income persons with disabilities. Provide CDBG funds to Silicon Valley Independent Living Center (SVILC) with case management needs. • Support the city's homeless population through CDBG awards and other funding sources to: LifeMoves Shelter and proposed Homekey Palo Alto shelter development project. • The Housing Authority of the County of Santa Clara (HACSC) administers the federal Section 8 program countywide. The program provides rental subsidies and develops affordable housing for low-income households, seniors and persons with disabilities living within the County. • Continue to locally support, through General City Funds, the Downtown Streets Team to reduce homelessness through a "work first" model. Downtown Streets Team uses its community connections to provide training and job opportunities to homeless people, specifically in the downtown area. Actions planned to foster and maintain affordable housing The City will foster and maintain affordable housing by continuing the following programs and ordinances: • Support low income homeowners through annual CDBG allocations for housing rehabilitation. Provide CDBG funds to Rebuilding Together Peninsula to preserve existing affordable housing stock. The City is also planning an affordable housing rehabilitation and replacement project, Buena Vista Mobile Home Park that will benefit approximately 270 residents. • Support Community Work Group (Abode) with CDBG funds to preserve 10 affordable housing n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 138 PALO ALTO Item 9: Staff Report Pg. 48 Packet Pg. 215 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 units. • Annual CDBG allocations to Rebuilding Together Peninsula to preserve existing affordable housing stock. • A Business Tax was approved in late 2022 to fund affordable housing, public safety, homeless services, rail crossing safety, and general city services. • The Below Market Rate Emergency Fund, which provides funding on an ongoing basis for loans to BMR owners for special assessment loans and for rehabilitation and preservation of the City's stock of BMR ownership units. • Apply to both the State of California HOME program, and the County's HOME Consortium to fund supported affordable housing projects. • The Commercial Housing Fund and Residential Housing Fund are used by the City to assist new housing development or the acquisition, rehabilitation, or the preservation of existing housing for affordable housing. • The Density Bonus Ordinance regulations allow for bonuses of 20 to 35 percent, depending on the amount and type of affordable housing provided. • The City's participation in the County's HOME Consortium will allow developers of affordable housing projects to be eligible to competitively apply through an annual REP process directly to the County for HOME funds to help subsidize affordable housing projects in Palo Alto, including acquisition, construction, and rehabilitation. • The City is collaborating with Santa Clara County and Eden Housing in the development of Michell Park Place, a new affordable housing development project providing 50 affordable units located in one of the City's LMI census tracts. Actions planned to reduce lead -based paint hazards The City's housing and CDBG staff provides technical assistance, information, and referrals to property owners, developers, and non-profit organizations rehabilitating older housing about lead -based paint (LBP) hazards. Any house to be rehabilitated with City financial assistance is required to be inspected for the existence of LBP and LBP hazards. The City will provide financial assistance for the abatement of LBP hazards in units rehabilitated with City funding. The City also requires that contractors be trained and certified in an effort to decrease the risk of potential use of LBP in new units. All development and rehabilitation projects must be evaluated according to HUD's Lead Safe Housing Rule 24 CFR Part 35. Rebuilding Together Peninsula, through its housing rehabilitation program, ensures each rehab includes lead -based paint assessment and mitigation on impacted areas for each housing case. Actions planned to reduce the number of poverty -level families The City, in its continuing effort to reduce poverty, will prioritize funding agencies that provide direct assistance to the homeless and those in danger of becoming homeless. In FY 2024-25, these programs will include the following: • LifeMoves provides basic necessities for persons who are homeless or at risk of becoming 1 CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 139 PALO ALTO Item 9: Staff Report Pg. 49 Packet Pg. 216 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 homeless. The Opportunity Services Center is a comprehensive, one -stop, multi -service, day drop - in center that provides critical services for homeless Palo Alto residents. Specifically, the facility provides showers, laundry, clothing, snacks, case management, and shelter/housing referral services. • Homekey Palo Alto, although not CDBG funded, is supported by the City and other state and federal resources to build a new interim housing shelter that will serve over 200 individuals annually. This new facility includes 88 rooms with interior shows and restrooms. • Alta Housing provides counseling and supportive case management services for low-income residents of single -room occupancy facilities to help them maintain housing stability. Activities include financial counseling, health maintenance, information, and referral, problem -solving, employment assistance, crisis intervention, and case management. • WeeCare provides business services and best management practices for small daycare businesses in the City. Many of which provide childcare for LMI families. • Buena Vista Mobile Home Park development project, although not CDBG funded, is supported by the City to replace, and increase the number of residential units in the development. Plus improve neighborhood amenities include walking trails, bulk trash removal, new water/sewer infrastructure. Actions planned to develop institutional structure The administration of the City's CDBG program requires collaboration between several departments including the finance department, administration, Human Services, and Planning and Development Services Department staff. The Planning and Development Services Department assigns critical staff to manage project development, subrecipient contracting and technical assistance, consultant management, collaboration with public works department staff, and fund draws and activity spending. The Finance Department assists in the process by reconciling CDBG and City budget accounts and draw approvals. The Human Relations Commission and Council hold public hearings and recommend recommendations and final approvals of annual CDBG project activities and projects. The City strives to improve intergovernmental and private sector cooperation to synergize efforts and resources and develop new revenues for community service needs and affordable housing production. Collaborative efforts include: • Regular meetings between entitlement jurisdictions at the CDBG Housing Coordinators meetings and Regional Housing Working Group. • Joint jurisdiction Request for Proposals and project review committees. • Collaborations between the City's housing and public works departments. • Coordination on project management for projects funded by multiple jurisdictions. • HOME Consortium meetings between member jurisdictions for affordable housing projects. Actions planned to enhance coordination between public and private housing and social n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 1 40 PALO ALTO Item 9: Staff Report Pg. 50 Packet Pg. 217 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 service agencies. The City benefits from a strong jurisdiction and region -wide network of housing and community development partners, such as the County and the Continuum of Care. To improve intergovernmental and private sector cooperation, the City continues to participate with other local jurisdictions and developers in sharing information and resources. In FY 2024-25, the City awarded CDBG funds to the Alma Garden project for the preservation of 10 residential very low income rental units. The City is collaborating with Santa Clara County and Eden Housing in the development of Michell Park Place, a new affordable housing development project providing 50 affordable units located in one of the City's LMI census tracts. In addition to the actions listed above, the City continues to coordinate with the City's Human Relations Commission on funding efforts to address community needs comprehensively. Discussion Please see discussions above. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 141 PALO ALTO Item 9: Staff Report Pg. 51 Packet Pg. 218 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Program Specific Requirements AP -90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be completed. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 60,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 60,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion Please see the discussion above. n CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 142 PALO ALTO Item 9: Staff Report Pg. 52 Packet Pg. 219 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 Appendices Public Comments The City held two Advertised public hearing on February 8, 2024, and June 18, 2024. The draft CDBG FY2024-25 Annual Action Plan dated February 1, 2024 was circulated for public comments and reviewed from March 13, 2024, through April 12, 2024. No public comments were received during this 30 -day public comment and review period time. No public comments were received to date, June 3, 2024. All comments will be accepted and recorded once received. Any written comments received will be in the public participation document. CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 143 PALO ALTO Item 9: Staff Report Pg. 53 Packet Pg. 220 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 APPENDIX B Public Notices • Publication October 2, 2023: Notice of CDBG and CDBG-CV Funding Availability (NOFA) • Publication January 24, 2024: Notice of Public Review, Comment Period, and Public Hearing for the FY 2024-25 Community Development Block Grant (CDBG) Annual Action Plan • Publication March 13, 2024: Notice of Public Review, Comment Period, and Public Hearing for the Fiscal Year (FY) 2024-25 Community Development Block Grant (CDBG) Annual Action Plan • Publication June 3, 2024: Correction Notice - Public Hearing Date Change, Notice of Public Review and Public Hearing for the Fiscal Year (FY) 2024-25 Community Development Block Grant (CDBG) Annual Action Plan • CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 144 PALO ALTO Item 9: Staff Report Pg. 54 Packet Pg. 221 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 ao oryce.e Ncgd.arm..a non r 1f71•I1 I}''.\ll Callirg All Friandi ofOnr• Lifa r F APPLY BY HOIIEMB�R 1ST, 2423 u„r 6...th.n.dearn 6Yo.c.nkq t m]e BCAN'FOR 0 ❑a TERMS tii AND APPLICATION 'A sw� w.ndnundufcraalfe My Ikipla 5c holarsh ipi Totaling r $120,000 Cambinad! 4 dualitietie : ReI s: Respect Responsibility, • Independence W. 007d-an mtdra in frost' B'-"'-b-�-W A 1 N J E R H A T 1 0 N L ICIOOL .s; (650 813-9131 r �� ' I�4j Eutt-ef4e-art ieutq'bated II 4J1 TermerArad lens atreel Ansley&& a P&ALa. s The DwrimiaeuL7ieeludes.lrained LMkssenbmichen, irten¢ and hexhrll_ _ . ipecrelits ■Ialeacl rdtuml, music and atrr-sGiDdemrhneutp1Jans.Dunuf % ti die �an sGlyd daT iu lnr sbtdrnl- b0.1eG111ribu elahles •1u a FIx straigimisanihechilarddelr..er s � indinidueleed teaclir is rich sbsdml. 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I -a pmprcpcccl o m rmco JO Baler, cr cpsl3rlm lzhn mw p'omu, om-x1 °-thm. Vdwxu" CE123 Carer Ivd lu mul or at Si2s753.283/. Frcarc alt crab flee via +ie}Ia vial U' MU Darrow n uug C If1acf I a4 GOMM; a-p"6run4 aridly land ha tlrimal ah mite DdKc m'p ride YAdr ria.i-o•slsc w11 drab I aiAc. (JL'J,} o' 1, nay msdc. AIDACa ai i. C#.y o1 Fb a Jtm. E9C.429,2rS5U 141ucal moflUysopd7alaag CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 145 PALO ALTO Item 9: Staff Report Pg. 55 Packet Pg. 222 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 a4 oryPn! V.Y&.0 rr,..rr 24, m2+ NOTICE OF PUBLIC RE4EYA COWENT FERIOO. AND • PUBLIC HEARINDB FOR THE F190AL YEAR IFY)2k21.2t • COMMUNITY DE4ELOPYENTBLOCK OIiAHT ICDeol ANNUAL ACTION PLAN PALO Tl-acLp Is PeQmigior m FV 2Tr21.25 C7 O2 N•a fl a ep I4. liD oervld ALTO rC7B3 rycb ccii umtilor gClapTtvhon at tho F' 30G ,25CCDG An'od Actor Rm IAA. 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Aldrlr public rinse I oarrrrml pealkd otie a ral l ABP r Il begin on YLhrch 18, 2rr41 W end inn Aper 12.2021 T o slalrcpon Jd moDna annk sN Ibaarr Yb acn the CtyCmnKI B Bupege Muw ohodcafn.og'3FIr.Hdl.J f.CnruIcnlhsr.Arcni Wtulm CON TACTNFOFAanON ForQlmrima mace m mmiI pkaed omYed Tim Roaeburp=133 Cur-mra d2 - i0•2ECi ar'1 a anal dine meo5alryl0^b.fm',l rAlrl Furman YC"uirr rdguldlg 1- cI2eG prDg4^, pin2B . El nrMcrycrpelaa In ci UBiG. PWLT i B.Ill dlcltAdus iiFu inituBa 21MB CY, i, i1'! q$mp,7lyd dldruttiBt mr. inM1E41 d YIC a•ffz01:' I10E2TBlts rj'�Y5eaaL1,15 Dl a-+a.L r7x'.767a6 .pu mu. dr sdwil#fhFIIi dpi 2 rho COyInAQ1 ff.a7kVizF. (lllaF" M&149.S29259]r4b2% rrlypooil" > }YPn4-ib.Sg RDam s mr ddl ilw ew amLi—d laid 21Dl,,d Li iI t1N nhrmn as pa2;t lrl o hd m lace' rhri .C4 &. T : n a dm _w d(• sd..,TB. W d Oregon bill seeks redo on drug rule Dnnuum -ic Lars in Orrgoc 4erl admetioa as a pcblie beL]ts mL-- testierdaV an4el]rd u s4eepiat Sear ter, mart a Dian, a_2 mow cmLeedic, bi]L that sro,T]e',mdo a Lora part of tine uith one of the canons Lz-goat spikes staes erst-in-the-oariom drop cecrim- in owerd3se deaths. a]ang Serb inhn.si- icalizatioa Lase, c eecogqidoc -bat pab- fviag press= fr]m Rep']blicnnc and ]ic onieiom has saueed on the are rowimy ca:]s fr]m a ne]L--urded cam- LaaLj earapaar pabLie &mg 'ase doricg paigm 2rcup to- ]+erhau] the feemmyl.c_isis. Rrra-Cchers say i-'s -oa amain to dr- Tbe b± wa0li mariminahze ibr pas- icer .whether mine ]Lbw bas oono]Lc-- sesdoc of small mount of drugs as a ed to- we awe's drudLr ollerdose ]asrLe. el ®sdrmemn]r, eaablme pa- amd suppc cues of the a.rasare szv ice lieu so eacfno ethem aodaa&dnwa denudes-locg Lppraacb of z:esacg De Linen use au sidewalk and is s ziIa, people foe possessich and usia? ±nc u its nulbnes sail. ]t also tnc tD mm. a i- didn't 4hori. easier to pr]se']te tkeles, to access ilierian arrmnei me.rmon, ztid to AdtiEt1oBi CUf�ltUe ohtainaadkre7 belie wir:L]ur fncish The b.i]L, msei]ed hi ' Lieber and disrrhm�eC f]r'_cir ram- medrcalroa. ]thee Democrm-s sers-mh on n reready ms's the O]c2pr]mvse path, bat L]so cxate, commimine an adeictica, is cur the ben policy than nee man come up to be. clt i%iami durimh the LegisLL-iie with to mike sure -hat nu are comtem- sissjae that stuts is Febeuar' . The inr to keep comnuinidet safe," srax Le4islahce adjammedmeerLse nmmer, See. Kite Lie'her, a Poe decd D e ca mal, but a oco e r m aaer the note's Ltii crisis told TbeAssnciated Press. ledDncolmn-s ba ]auneb the ecmavtxe in be -wren sesmi bas. ,S LE0i September, 2020 If4 the c,omD L r has held multiple hew - ins passed -Le pimaerime denim- iogs and beard itscmo-ns' from Ian. em- irALizatioalasc,4leasu_z 110.aith36°5 foaceaxot and substance ate disnrder scpperr in 20222C'. bur emacratio Leis- earperm on mice ]Sac's np]Lsbcoenla Iatoes who cJ Laapacnen it as L wan to amd shorhermir gs. NOW HIRING 2024 - 2D25 SCHOOLHRHSSIH GUAR OS IMMEDIATE OPENINGS! Palo Alm, Menlo Park, LosPtoe & ch tethroLghoutthe Penineule. WORK SCHOOL DAYS ONLY! Na nib, weekerr . orholidaFp "Startingat$15.50-320!hcur Cadui Arielmih ALL CITY MANAGEMENT SEFVIC S (669) 27C -657G 0r.4pplyCnIneat ICmeeketf. 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CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 148 PALO ALTO Item 9: Staff Report Pg. 58 Packet Pg. 225 of 692 Item 9 Attachment A - Draft CDBG Annual Action Plan FY 2024-25 060324 APPENDIX C Application for Federal Assistance SF -424 Forms and Certifications (to be completed and signed after City Council action on the CDBG FY 2024-25 Annual Action Plan) CITY OF FY2024-25 ANNUAL ACTION PLAN DRAFT Page 149 PALO ALTO Item 9: Staff Report Pg. 59 Packet Pg. 226 of 692 Item 9 * NOT YET ADOPTED* Attachment B - Draft Resolution CDBG FY 2024- LTB 25 Annual Action Plan Resolution No. Resolution of the City Council of the City of Palo Alto Approving the Use of Community Development Block Grant for Fiscal Year 2024-25 and Substantial Amendments for the Use of Community Development Block Grant Fiscal Year 2021-22, Fiscal Year 2022-23 & CDBG CARES Act Funds for Fiscal Year 2020-21 RECITALS A. On May 1, 2020, the Palo Alto City Council approved and adopted a document entitled "Consolidated Plan" which identified and established the Palo Alto housing and non - housing community development needs, objectives, and priorities for the period July 1, 2020, to June 30, 2025. B. The Fiscal Year 2024-2025 Annual Action Plan, Substantial Amendments, and the annual funding update to the Consolidated Plan, was subjected to public review and commentary during the period from March 13, 2024 through April 12, 2024. C. The potential uses of Community Development Block Grant (CDBG) and CDBG CARES Act (CDBG-CV) funds were evaluated in light of the needs and objectives identified in the Consolidated Plan and reflected in the recommendations and comments of the Human Relations Commission Selection Committee, Human Relations Commission, and other interested citizens. D. Under the CDBG program, the highest priority is given to activities which will benefit persons with low and moderate incomes. As an extension, under the CDBG-CV program, the highest priority is given to activities which prevent, prepare for, and respond to coronavirus. E. The City Council and the Human Relations Commission held publicly noticed public hearings on the proposed uses of the CDBG and CDBG-CV funds for Fiscal Year 2024-25, as well as the proposed Substantial Amendments for the proposed reprogramming of Community Development Block Grant funds from Fiscal Year 2021-22, Fiscal Year 2022- 23 funds & CDBG-CV funds for Fiscal Year 2020-21. F. CDBG and CDBG-CV funds allocated to the City for Fiscal Year 2024-2025 are proposed to implement the programs described in this resolution. 0160144_KB2_20240529_AY16 Item 9: Staff Report Pg. 60 Packet Pg. 227 of 692 *NOT YET ADOPTED* Item 9 Attachment B - Draft Resolution CDBG FY 2024 - TB 25 Annual Action Plan NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS: SECTION 1. The uses of CDBG funds for Fiscal Years: 2024-25, 2021-22, 2022-23, 2023-24, and CDBG-CV funds for Fiscal Year 2020-21 are hereby approved and authorized for the following programs: Name of Program Amount 1. Alta Housing — SRO Resident Support Services Program. Provide in- house case management and counseling services to residents at Barker $11,575 Hotel and Alma Place. 2. Catholic Charities of Santa Clara County — Long Term Care Ombudsman Program. Advocate for the rights of seniors and disabled residents in $7,575 long term care facilities. 3. LifeMoves — Case Management. Provide case management services to Opportunity Services Center and Hotel De Zink clients in locating housing $28,847 and/or employment and be connected to benefits. 4. Silicon Valley Independent Living Center — Case Management. Provide case management services to low-income individuals with disabilities to $14,075 secure affordable and accessible housing. 5. Project Sentinel — Fair Housing Services. Provide fair housing services including complaint investigation, counseling, advocacy, and community $15,575 education 6. WeeCare/Upwards - a microenterprise business that will provide Palo $120,000 Alto childcare business improvement services. 7. Rebuilding Together Peninsula — Safe at Home. Provision of critical health and safety related home repair needs for low-income Palo Alto $73,585 homeowners. 8. Community Work Group/Abode — Alma Garden. 10 LMI households will benefit from apartment unit improvements. $404 800 , 9. Fire Station — Sidewalk Improvements Project. Reconstruct the sidewalk, curbs, and curb ramps to current ADA accessibility standards $62,645.61 at the intersection area of Meadow Drive and Middlefield Road. 10. Homekey Palo Alto — Recreation Project. This project will provide a recreation area and recreation equipment at the HomeKey Palo Alto $185,000 shelter. 0160144_KB2_20240529_AY16 Item 9: Staff Report Pg. 61 Packet Pg. 228 of 692 *NOT YET ADOPTED* 11. CDBG Program Planning and Administration Item 9 Attachment B - Draft Resolution CDBG FY 2024 - TB 25 Annual Action Plan $114,730 Total CDBG Funds $1,037,807.61 12. CDBG-CV MOVE Mountain View — Safe Parking Program $110,000.00 13. CDBG-CV Program Planning and Administration $9,478.74 Total CDBG-CV Funds $119,478.74 SECTION 2. The total amount set forth under Section 1 of this resolution represents the proposed allocation of $513,653 in CDBG funds from the United States Department of Housing and Urban Development (HUD) for Fiscal Year 2024-2025, $60,000 in anticipated program income to be receipted in Fiscal Year 2024-25 from Alta Housing (previously known as Palo Alto Housing Corporation), and a total of $464,154.61 in prior years' resources (FY 2021-22 $191,018.05, FY 2022-23 $269,435.96, FY 2023-24 $3,700.60) from canceled projects and remaining unspent funds of closed completed projects. Substantial Amendments are required for FY 2021-22 CDBG, FY 2022-23 CDBG, and CDBG-CV Funds. Available CDBG-CV funds total amount of $119,478.74, including unspent funds from the canceled LifeMoves-COVID-19 Testing project ($34,200.50) and unspent CDBG-CV Planning & Administration funds ($85,278.24). SECTION 3. The City staff is hereby authorized to submit the Annual Action Plan to Fiscal Year 2024-2025, CDBG Substantial Amendment to Fiscal Year 2021-22 & CDBG Substantial Amendment to Fiscal Year 2022-23 and CDBG-CV Substantial Amendment to Fiscal Year 2020-21 Annual Action Plan, update and appropriate funding to HUD, and such money shall be spent as set forth in this resolution. The Mayor, City Manager, and any other designated City staff or officials are hereby authorized to execute such application forms and any other necessary documents to secure these funds. The City Manager or designee is authorized to sign all necessary grant agreements with the program providers set forth in Section 1. SECTION 4. The City staff is hereby authorized to draft and execute loan documents and a regulatory agreement to secure a $404,800 loan to Community Working Group/Abode for the Alma Gardens Rehabilitation project. SECTION 5. The funding amounts set forth in Section 1 of this resolution are based on final allocation amounts from the Federal Fiscal Year 2024-25, Fiscal Year 2021-22, Fiscal Year 2022-23 & Fiscal Year 2023-24 & CARES Act (CDBG-CV) Fiscal Year 2020-21, HUD appropriations; City Staff is authorized to adjust increasing or decreasing the funding amounts set forth herein as consistent with the adopted Citizen Participation Plan. // // // // // 0160144_KB2_20240529_AY16 Item 9: Staff Report Pg. 62 Packet Pg. 229 of 692 *NOT YET ADOPTED* Item 9 Attachment B - Draft Resolution CDBG FY 2024 - TB 25 Annual Action Plan SECTION 6. The City Council hereby finds that the Fiscal Year 2024-25, Fiscal Year 2021- 22, Fiscal Year 2022-23 & Fiscal Year 2023-24 & CARES Act (CDBG-CV) Fiscal Year 2020-21, CDBG & CDBG-CV program authorized under Section 1 of this resolution is not a project under the California Environmental Quality Act (CEQA). However, the Council further authorizes and directs City staff to prepare certifications that may be required, under CEQA and the National Environmental Policy Act (NEPA), for each project under the Fiscal Year 2024-25 CDBG & CDBG- CV program prior to the release of funds for any such project. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Director of Planning and Development Services 0160144_KB2_20240529_AY16 Item 9: Staff Report Pg. 63 Packet Pg. 230 of 692 Item 9 Attachment C - Human Relations Commission Review Summary Attachment C: Human Relations Commission Review Summary The CDBG federal allocations for FY 2024-25 were not known at the time of the HRC public hearing on February 8, 2024. For budgeting purposes, staff estimated the City's HUD entitlement grant for FY 2025 as a 0.8% reduction from the entitlement grant amount from previous year FY 2023-2024. Therefore, the total amount considered by the HRC as available for CDBG allocation FY 2024-25 was $1,122,415.01, including the estimated FY 2024-25 entitlement grant ($510,000), estimated program income ($60,000), and estimated unspent funds from prior years ($552,415.01). The estimated total available in CDBG-CV funding for FY 2024-25 is $119,478.74, including unspent funds from the canceled LifeMoves-COVID-19 Testing project ($34,200.50) and unspent CDBG-CV Planning & Administration funds ($85,278.24). The HRC considered the funding recommendations of the HRC Selection Committee' and voted unanimously to recommend Council approval of the draft FY 2024-25 AAP. The HRC discussed proposed funding allocations based on the program budget, availability of additional resources, HUD spending caps, and the total available CDBG and CDBG-CV funds. Key points of the HRC discussion included: • A summary of the application selection process, reasons for selection, and agency capacity; • A summary of HRC Selection Committee deliberations; • A summary of the HRC Selection Committee's recommended Contingency Plan and clarification of the desire to support LifeMoves at a level closer to half their requested amount, if feasible; • Information on the definitions of income levels and income limits, which are influenced by family size, varying by county (Palo Alto uses HUD's FY 2023 Income Limits Area for Santa Clara County Metropolitan areal, effective May 15, 2023, with HUD's acronym for low-income limits being LMI); • Consideration of increasing funding toward homelessness services in future funding years if it could be learned if CDBG funds directly resulted in the reported 25% decrease in homelessness in Palo Alto in 2023 year; • Clarifications on unspent funds, which are the result of applicants cancelling approved projects, not using all of their available allocation, no longer needing their available allocation, or remaining funds being left due to the lifting of COVID-19 mandates; and • Clarifications on the reduction of funds to CDBG Program Administration resulting from the interplay of the 20% spending cap on this funding category combined with a forthcoming reduction in program income receipts for FY 2024-25. 1 February 8, 2024 Human Relations Commission staff report: https://cityofpaloaIto.primegov.com/Portal/viewer?id=0&type=7&uid=d37a6bbc-0569-4d6b-9ldb-05b16a3dabc0 2 Source: https://www.huduser.gov/portal/datasets/il/il2023/2023summary.odn 1 Item 9: Staff Report Pg. 64 Packet Pg. 231 of 692 Item 9 Attachment C - Human Relations Commission Review Summary The HRC's recommended contingency plan is as follows: A. If more funds are received than estimated: 1. Ensure funding caps are met for Public Services and Planning & Administration categories; 2. Increase LifeMoves' FY 2024-25 allocation to $34,960, or as near as feasible; 3. Retain the currently recommended funding for Project Sentinel; 4. If there are surplus funds available, allocate additional funding proportionally to other Public Services applications based on their recommended shares, provided they are not fully funded; 5. Allocate any remaining un-capped funds to the Public Facilities project(s). B. If less funds are received than estimated: 1. Ensure funding caps are met for Public Services and Planning & Administration categories; 2. Decrease funding across each of the Public Services applications proportionate to the overall decrease in funding; 3. If possible, maintain full funding for both Housing Rehabilitation projects and the Economic Development project; and 4. Decrease un-capped funds from the Public Facilities project(s). 2 Item 9: Staff Report Pg. 65 Packet Pg. 232 of 692 Item 10 Item 10 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: ACTION ITEMS PALO Lead Department: Planning and Development Services ALTO Meeting Date: June 18, 2024 Report #:2403-2825 TITLE PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041]: Provide Direction on Applicant's Request for Amendments to the Existing Regulatory Agreement and Proposed Application for a Streamlined Housing Development Review to Allow the Redevelopment of the Buena Vista Village Mobile Home Park. The Proposed Development Would Result in Two Parcels, One Featuring a new 61 -Unit, 100% Affordable Housing, Multi -Family Apartment Building and Associated Work Within the Right -of -Way; and the Second Parcel Featuring a Renovated 44 -Unit Mobile Home Park, Which is Under State Jurisdictional Authority. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In -fill Development). Zoning District: RM-20. RECOMMENDATION Staff recommends that Council take the following actions: 1. Provide feedback on the development proposal; 2. Provide feedback on the proposed amendments to the regulatory agreements; and 3. Return on the August 5, 2024, consent calendar following the completion of the environmental analysis for a decision on the Streamlined Housing Development Review application and to authorize the City Manager to Execute the amended Regulatory Agreements. EXECUTIVE SUMMARY In December 2023, the Santa Clara County Housing Authority (SCCHA) submitted a compliant pre -application in accordance with Senate Bill (SB) 330. This pre -application freezes development standards for the proposed redevelopment and requires streamlining. On February 15, 2024, the Santa Clara County Housing Authority (SCCHA) submitted a formal application for Streamlined Housing Development review. The proposed project includes an affordable 61 -unit apartment development on a portion of the subject parcel located at 3980 El Camino Real (see Attachment A, Location Map). The applicant has filed a separate, associated, Vesting Tentative Map Application with the City to subdivide the existing lot into two parcels. Item 10: Staff Report Pg. 1 Packet Pg. 233 of 692 Item 10 Item 10 Staff Report The new lot to be created would be developed with 61 apartment units and the remaining existing lot would be rehabilitated with 44 mobiles homes. Rehabilitation of the mobile home parcel is processed through the State Department of Housing and Community Development (HCD). The project is a housing development project in accordance with the Housing Accountability Act and qualifies for a Density Bonus and associated concessions, waivers, and allowances under state law (California Government Code §65915) and PAMC Chapter 18.15. To align with the proposed redevelopment, the project also includes modifications to an existing 2017 regulatory agreement between the City, County, and County Housing Authority (see Attachment D, Existing 2017 Regulatory Agreement).1 The project plans are included in Attachment H and the proposed Regulatory Agreements are included in Attachment C. The City, acting as the lead agency in accordance with the California Environmental Quality Act (CEQA), anticipates that the project will be exempt from CEQA per CEQA Guidelines Section 15332 (infill exemption). The documentation to support this exemption is currently being prepared and will be completed prior to a decision on the project. SCCHA must submit applications to meet funding deadlines in the latter half of August 2024. This funding is critical for the project. The funding applications require approvals by the City and the County prior to application submission by SCCHA. BACKGROUND In June 2016, Council approved a Memorandum of Understanding (MOU) Between the SCCHA, the County of Santa Clara, and the City of Palo Alto to provide up to $14.5 million in City affordable housing funds in support of SCCHA's acquisition of the Buena Vista Mobile Home Park for deed -restricted affordable housing. The SCCHA purchased the park in 2017 with the support of these funds. After a park conditions assessment, SCCHA found that the park contained an array of hazards. With the purchase, SCCHA agreed with the City and County to improve and protect the park as affordable housing through a regulatory agreement which focused on maintaining affordable housing, enhancing the habitability of the property, avoiding resident displacement, and investing in rehabilitation and improvements. The regulatory agreement includes an improvements timeline and some expected outcomes. Since the onset of the agreement, SCCHA has focused on the people and the infrastructure of Buena Vista. They have: • Removed trash and abandoned cars, • Conducted necessary home repairs, • Installed new utilities, • Replaced aged sewer and water lines, 1 City Attorney Report to City Council September 11, 2017, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2017/staff-report-8493-buena-vista-mou-amend ment.pdf. Item 10: Staff Report Pg. 2 Packet Pg. 234 of 692 Item 10 Item 10 Staff Report • Replaced paving, • Demolished abandoned coaches (i.e., mobile homes), • Capped unused utilities for safety, • Provided spaces for services and an afterschool program, • Relocated Park residents as needed (e.g., to new mobile homes), and • Worked to bring the Park into compliance with various laws. Council held a study session on February 13, 2023, in which SCHAA provided an update on these ongoing efforts at the site. Following submittal of the formal application for the proposed redevelopment of the 61 -unit apartment building, Council held another study session on March 4, 2024, to provide early input on the redevelopment. The analysis section of this report includes key comments from Councilmembers at the March study session, which primarily focused on the relocation plan for existing tenants. Project Description SSCHA submitted a formal application for Streamlined Housing Development review for a 61 - unit apartment development on a portion of the existing Buena Vista Mobile home site (Application 24PLN-00041). The proposed apartments are located within a single, four-story (37 feet), 63,736 sf building (1.0:1 FAR). Seventy-nine (79) parking stalls and one car loading space is provided in accordance with the code. Attachment A includes a location map showing the zoning designation of the site and surrounding areas. Attachment H shows the project plans for this development. On April 30, 2024, SCCHA submitted a related application for a Vesting Tentative Map to subdivide the existing parcel into two parcels (24PLN-00129). Under the existing Regulatory Agreement, the property must maintain, at minimum, 100 affordable units. However, the existing spacing of mobile homes does not meet current state rules regarding spacing and setbacks. The introduction of an apartment building allows the property to both maintain the minimum number of affordable units, while allowing enough space to retain 44 mobile homes. The tentative map subdivides the existing parcel to better finance the 61 apartments and 44 mobile homes separately. The total development, between the apartment building and mobile home units, would be 105 units; 40% of units will be provided at a rate affordable to households earning 30% of Area Median Income (AMI), 40% of the units would be provided at a rate affordable to households earning 50% AMI and the remaining 20% would be provided at a rate affordable to households earning 80% AM 1.2,3 2 Income limits are based on annual published limits from HCD 3 To avoid displacement of existing tenants, three tenants that currently have an income level that exceeds 80% of AMI will be allowed to continue to rent at the site. Those units are considered as restricted low-income units Item 10: Staff Report Pg. 3 Packet Pg. 235 of 692 Item 10 Item 10 Staff Report Revisions to the existing regulatory agreement are necessary in conjunction with the redevelopment to reflect the two individual parcels and their respective ownership entities as well as to reflect the necessary affordability requirements for their respective funding sources. Requested Entitlements, Findings and Purview: The following discretionary applications are being requested: • Streamlined Housing Development Review: The process for evaluating this type of application is set forth in PAMC 18.77.073. Streamlined Housing Development Review applications require a study session with the ARB and recommendations are forwarded to the Planning & Development Services Director for action following the review. Action by the Director is appealable to the City Council if filed within 14 days of the decision. However, in this case, since the project is also associated with a regulatory agreement that requires City Council approval, the subject development application is also be presented to the Council for final review and action. Streamlined Housing Development projects are evaluated against specific findings and must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. Draft findings for this project are provided in Attachment B. • Tentative Map and Final Map for condominium purposes: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474. The process for approval of a Tentative Map for a condominium subdivision is outlined in PAMC Chapter 21.12. Tentative maps require Planning and Transportation Commission (PTC) review to determine whether the amended subdivision is consistent with the Subdivision Map Act (in particular Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. The PTC's recommendation is forwarded to the City Council for final approval. Council's purview of the development application is limited by the following state law: • Housing Accountability Act (Government Code 65589.5): The project constitutes a "housing development project" under the Housing Accountability Act. The Housing Accountability Act Section 65589.5(j) requires that when a proposed housing development project complies with applicable, objective general plan and zoning standards, a local agency may only deny or reduce the density the project or reduce its density if the agency first finds that (1) the development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density; because the tri-party regulatory agreement requires that future units will be made available to lower income households at affordable rents after any initial moderate or high -income households voluntarily vacate their units. After any initial moderate or high income households vacate their units, those units will continue be restricted as low-income units with affordable rents for at least an additional 55 years or greater. Item 10: Staff Report Pg. 4 Packet Pg. 236 of 692 Item 10 Item 10 Staff Report and (2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density. Notwithstanding the subject project being subject to the Housing Accountability Act, this project is also reliant upon and subject to City Council's endorsement of the tri- party regulatory agreement. • Housing Crisis Act (Senate Bill 330; Government Code 65589.5): SSCHA filed a compliant SB 330 pre -application on December 19, 2023. A formal application was filed on February 15, 2024, which is within the required 180 days from submittal of the compliant pre -application. Therefore, review of this project shall be in accordance with applicable regulations as set forth on December 19, 2024. Additionally, no more than five hearings may be held for the proposed project. • Rehabilitation of the remaining parcel with mobile homes is processed by the state department of Housing and Community Development. Therefore, development of the 44 units on the mobile home parcel is not subject to the City's development review process. However, HCD does require signoff from the local agency prior to approval to ensure that requirements related to public services and service connections have been met. Previous ARB Hearing The Architectural Review Board (ARB) held a study session on May 2, 2024 to provide feedback on the project's consistency with the City's objective standards. Key feedback from ARB members included the following: • Further evaluate the privacy for ground floor units by raising the units by a foot, adding privacy fencing, revising the sills, or providing better landscaping. • Consider refinements to the interior floor plans to: o Provide better access to the ends of the building o Consider a more centrally located entrance area, trash room and laundry room o Reconsider including the junior one -bedroom unit design and the windows on the inner corner units of the 2 -bedrooms. • Consider whether some, even if not all, units could have private open space • Provide the required justification of waivers, especially for the parking lot canopy cover exception; really consider options that would increase the parking lot landscaping • Asked that each choice with respect to articulation, color, and materials has an architectural reasoning and a stronger architectural logic to the various plane changes. The applicant's incorporation of ARB feedback is provided in the following section, under the Objective Design Standards heading. Item 10: Staff Report Pg. 5 Packet Pg. 237 of 692 Item 10 Item 10 Staff Report ANALYSIS Staff from all relevant departments reviewed the Streamlined Housing Development Review application for consistency with the municipal code and all other relevant state and federal regulations. Various departments are still finalizing their review of the current project plans. Standard draft conditions have been incorporated into the draft record of land use action at this time; however, final conditions of approval may be modified prior to Council's decision in August. Overall, staff finds that the project conforms to relevant plans, policies and guidelines relevant to the proposed project or otherwise requests concessions and waivers in accordance with state regulations. Comprehensive Plan and Design Guidelines There are no specific plans or design guidelines that are relevant to the proposed project. Staff's review of the project finds it consistent with the Comprehensive Plan, including the land use designation and applicable goals and policies. The project site has a multi -family land use designation, which permits multi -family residential uses and expresses that net densities will range from 8 to 90 units per acre. The density of the proposed 61 -unit development would be 36 dwelling units per acre (DU/AC) based on the proposed parcel boundaries in accordance with the planned subdivision map, which aligns with the Comprehensive Plan. Overall, the development across the two parcels would equate to a density of 23 DU/AC. Housing Element Based on guidance from HCD, the City was able to report 117 very low-income units as qualifying preserved housing units for the fifth cycle regional housing needs assessment. As the proposed project does not result in any net new affordable units, there are no additional units to claim for the current housing cycle. Zoning Compliance4 A table summarizing the proposed project's consistency with applicable RM-20 zoning standards is included in Attachment E. The proposed project complies with all applicable codes or is seeking, through the state density bonus provisions, permission to deviate from certain code standards in a manner that is consistent with the Zoning Ordinance and state density bonus law. Specifically, the applicant is seeking a density bonus, four concessions and six waivers as detailed below. Attachment G summarizes the justifications for the requested concessions and waivers. Separately, the project is eligible for an 80% density bonus in accordance with California Government Code §65915(d)(1)(G). • Density Bonus: 36 DU/AC, where 20 DU/AC is permitted. This is an 80% density bonus, which is permitted for a project providing the amount of deeply affordable units proposed. • Concession 1: Facade Breaks (less than 2 feet in depth) 4 The Palo Alto Zoning Code is available online: bit.ly/PAZoningCode Item 10: Staff Report Pg. 6 Packet Pg. 238 of 692 Item 10 Item 10 Staff Report • Concession 2: Ground Floor Unit Direct Connection to Path or Common Open Space 18.24.020(b)(4)(E) • Concession 3: Percentage of Frontage Dedicated to Utilities and Parking in accordance with 18.24.06(C)(7)(A) • Concession 4: Private Open Space (None where 50 sf per unit is required) • Waiver 1: Floor Area Ratio (1.01:1 where 0.5:1 is allowed) • Waiver 2: Height (37 feet where 30 feet is allowed) • Waiver 3: Site Open Space (24% where 35% is required) • Waiver 4: Tree Canopy Cover in Parking Lot (future coverage of 47% where 50% is required) • Waiver 5: Reduction in Street Trees (none provided along the mobile home project frontage where one per every 30 feet is required due to Valley Water easement restrictions) • Waiver 6: Street width (28 feet where 32 feet is required) State Density Bonus Law and Chapter 18.15 Compliance The project is a qualifying project for state density bonus in accordance with California Government Code §65915(b)(1)(A) which includes projects that sell at least 10% of the base number of dwelling units of a housing development to persons and families of lower income, as defined in Section 50079 of the Health and Safety Code. In accordance with AB 1763, which modified state density bonus law (California Government Code §65915), an applicant providing 100% of units at a rate affordable to low income tenants, excluding managers units, is eligible for an 80% density bonus except that 20% percent of the units may be for moderate income households as defined in the Health and Safety Code. SCCHA is providing 60 units at a rate affordable to low income (80% of AMI) or lower plus one manager's unit. Per§65915(d)(1)(G) and PAMC §18.15.050(c)(iii), the project is also eligible for four concessions or incentives. In general, the City must provide an unlimited number of waivers from development standards that would physically preclude the project from being built at the allowed density. The requested waivers and concession are summarized above in the zoning consistency analysis. Under state density bonus law, the City may request reasonable documentation that establishes eligibility for concessions and waivers; however, the City cannot require the preparation of a study or report and the burden is on the City to identify a basis to deny a requested concession or waiver. For concessions, the City may request documentation supporting the cost reduction achieved through the concession. For waivers, the City may request documentation that explains why the development standard would physically preclude the project from being constructed at the proposed density. Attachment G provides the applicant's documentation for the requested waivers and concession. For purposes of the Housing Accountability Act, the use of concessions and waivers under density bonus law is not a basis for finding the project inconsistent with the City's objective standards. In other words, the City cannot deny a project for being inconsistent with a development standard if the applicant has requested a waiver or concession from that standard. Item 10: Staff Report Pg. 7 Packet Pg. 239 of 692 Item 10 Item 10 Staff Report Objective Design Standards An analysis of the project's consistency with the objective design standards is provided in Attachment F. The project is consistent with the objective design standards except where waivers or concessions are requested in accordance with state density bonus law. Therefore, the project is eligible from streamlining in accordance with the City's Streamlined Housing Development review process. In accordance with this process, the ARB reviews applications and provides feedback at a single study session to improve consistency with the objective design standards. A summary of the ARB's key feedback is provided in the Background Section. The project made the following modifications based on the ARB's feedback: • Windows for ground floor units have been modified to create more privacy for units • An additional access point out to Los Robles and closer to the parking lot has been provided • Parking lot landscape planting has been increased from 33% to 47% shading to improve compliance with the objective standards for landscape planting of parking lots under 18.54 of the PAMC. • The required justifications for waivers and concessions have been provided • The articulation, color, and materials placement have been refined. Specifically, material and color changes correlate more closely now with the plane changes. The color and material palette has also been revised to add visual interest and define spaces or features. For example, to define the amenity space on the ground floor and to highlight the projections in the facade. • A car loading space has been added in accordance with the objective design standards Requests for private open space was mixed. The project has not provided private open space due to the increased project costs. In accordance with state density bonus law this is requested as a waiver as the additional costs would preclude construction of the project at the density proposed. Additional information is provided in the justifications of waivers and concessions. Major modifications to the ground floor layout have also not been incorporated into the design. SCCHA has stated that modifying the lobby to be more centrally located is less desirable for residents as it presents more security concerns if the lobby is internal to the project site. SCCHA indicated that the residents provided input during the design process and had specifically requested that this be located close to the entrance for security purposes. Multi -Modal Access and Parking The proposed project creates a secondary access point off of Los Robles for vehicles. While providing only one curb cut from Los Robles would be better from a bicyclist/pedestrian perspective, this addition ensures better circulation on site and reduces the volume of traffic traveling along the private road where residents are crossing to access shared amenities. Parking is provided on site and exceeds the minimum requirements for standard parking spaces as required in accordance with state regulations for state density bonus projects (California Government Code 65915(p)(1)) by providing 78 parking spaces where 77 are required. A car loading space is required in accordance with the Zoning Code for projects of more than 50 units and is provided in one additional space on site. Currently many residents park along the Item 10: Staff Report Pg. 8 Packet Pg. 240 of 692 Item 10 Item 10 Staff Report frontage; therefore, the project improves the existing condition by providing more parking on site and utilizing the frontage to improve the pedestrian connection. An access easement over the sidewalk will be required as a condition of approval of the project and incorporated into the proposed tentative map. Bicycle parking is provided at grade and a pathway meeting the minimum requirements for pike/ped access is provided. Tree Protection and Removal The proposed project removes 60 trees that are currently located on the project site (both parcels) to accommodate the proposed redevelopment. The project proposes to plant 65 new trees across both parcels in replacement. In -lieu fees would also be required in accordance with the city's no net loss of canopy requirements. Tree 75 of the arborist report is an oak tree growing through an existing mobile home. The City's arborist and the applicant's arborist have discussed this tree removal and the reasoning for removal to determine whether any feasible alternatives would allow for preservation. Ultimately, due to the level of disturbance that would be required both during demolition and construction, the City's arborist agrees with the findings of the applicant's arborist report that this tree would need to be removed. In particular, the existing conditions provide artificial support for the tree that would be removed as a result of the project (the existing mobile home) and the proposed construction requires more extensive excavation of this drive aisle area to provide the necessary compaction to support the weight of emergency vehicles since this also serves as an emergency vehicle access. Some of this additional reasoning was discussed in meeting with the project arborist and City staff. The City has asked that the arborist report be updated prior to approval to fully reflect this reasoning in order to justify the removal. Additionally, some residents and the city's arborist expressed that the Lombardy poplar tree proposed on the HCD portion of the property should be revised to a more appropriate tree species. SCCHA intends to update the species for plans that are submitted to HCD. Regulatory Agreement Affordable housing projects often involve a regulatory agreement between parties, with a long, fixed term and provisions to ensure affordability is maintained, and frequently include an option for one of the parties to purchase the property towards the end of the term at a minimal cost. The original regulatory agreement for the Buena Vista Mobile Home Park (referred to within this report as the "2017 Regulatory Agreement"), executed in 2017, was an agreement between the Santa Clara County Housing Authority, the City of Palo Alto, and the County of Santa Clara. Key provisions of the original 2017 regulatory agreement included: • A 75 -year term, • Commitment to maintaining the property as an affordable housing resource, • Enhancing the habitability of the property, • Avoiding displacement of residents currently residing at the property, Item 10: Staff Report Pg. 9 Packet Pg. 241 of 692 Item 10 Item 10 Staff Report • Relocating 8 mobile homes and 2 studio units located on leased property, • Investing at least $10 million in rehabilitation and improvements, • Maintaining a minimum of 100 residential units or mobile home spaces, and • Providing an annual report and financial audit. In order to secure project financing, the parties will need to either change the existing Regulatory Agreement to enter into two new regulatory agreements for the apartments and mobile homes which is needed to secure project financing. Specifically, the lot will be split into two parcels with new assessor parcel numbers (APN), each with a distinct financing structure. Since the apartment financing will include low-income housing tax credits (LIHTC) financing, it will involve a lender, investor, and tax credit allocation committee (TCAC) and regulatory agreements that will affect the apartment parcel. To attract lenders and investors, the City's Regulatory Agreement for the apartment parcel must align with the apartment's APN and only cover the apartment improvements. Similarly, the mobile homes will have HCD financing and regulatory agreements specific to the mobile homes parcel/APN. This modification to the site necessitates terminating the current 2017 Regulatory Agreement and "amending it" to replace it with two new Regulatory Agreements. The Housing Authority has applied for a Vesting Tentative Map to create these two parcels, one for the apartments and one for the mobile homes. The apartment improvements will be owned by a separate legal entity, a limited partnership, distinct from the entity that will own the mobile homes improvements. Key Provisions of Proposed Regulatory Agreements The table below highlights the key provisions of the proposed new Regulatory Agreements alongside the original Regulatory Agreement. In the table, "Owner" refers to the Housing Authority. Original 2017 Regulatory Proposed Regulatory Agreements Agreement TYPE Mobile Homes Apartment Building Mobile Homes UNITS 100 residential units or 60 affordable units + 1 44 mobile home mobile home spaces unrestricted manager's spaces' unit TERM 75 -year term SAME SAME RENT • Households with incomes • Households with • Households with <30% AMI, monthly rent incomes <30% AMI, incomes <30% ≤one -twelfth of 30% of monthly rent ≤one- AMI, monthly rent 30% AMI 5 The project is proposing 61 apartments and 44 mobile home units for a total of 105 units. This will result in 60 affordable apartments plus one manager's apartment and 40 affordable mobile home units, leaving four unregulated, non -manager mobile homes. The unregulated mobile homes can be rented to existing residents who are over -income and wish to rent at Buena Vista Mobile Home Park. Item 10: Staff Report Pg. 10 Packet Pg. 242 of 692 Item 10 Item 10 Staff Report Original 2017 Regulatory Proposed Regulatory Agreements Agreement • Households with incomes twelfth of 30% of ≤one -twelfth of >30% AMI - ≤50% AMI, 30% AMI 30% of 30% AMI monthly rent ≤ one- • Household with • Households with twelfth of 30% of 50% incomes >30% AMI - incomes >30% AMI ≤50% AMI, monthly AMI - ≤50% AMI, • Households with incomes rent ≤ one -twelfth of monthly rent ≤ >50% AMI-<80% AMI, 30% of 50% AMI one -twelfth of monthly rent ≤one- • Households with 30% of 50% AMI twelfth of 30% of 60% incomes >50% AMI- • Households with AMI ≤80% AMI, monthly incomes >50% • Households with incomes rent ≤ one -twelfth of AMI-≤80% AMI, >80% AMI-<120% AMI, 30% of 80% AMI monthly rent ≤ monthly rent < one- • Households with one -twelfth of twelfth of 30% of 110% incomes >80% AMI- 30% of 80% AMI AMI ≤120%AMI, monthly • Households with • Households owning rent ≤ one -twelfth of incomes >80% mobile home and making 30% of 120% AMI AMI-≤120% AMI, mortgage payments, monthly rent ≤ mortgage payments and one -twelfth of property taxes, 30% of 120% AMI assessment and insurance premiums payable for mobile home will be deducted in determining affordable rent AFFORDABILITY • ≥40% of units rented to SAME SAME households with incomes <30% AMI • ≥40% of units rented to households with incomes <50% AMI • Remainder of units available to households with incomes ≤80% AMI REINVESTMENT • If property sold, proceeds SAME SAME will be reinvested in the City to create affordable housing. Item 10: Staff Report Pg. 11 Packet Pg. 243 of 692 Item 10 Item 10 Staff Report Original 2017 Regulatory Proposed Regulatory Agreements Agreement • If sold to party unaffiliated with Housing Authority and not used for affordable housing, then an amount equal to (a) the amount not repaid to City and County for loans and (b) ≥ 52% of total appreciation value will be reinvested in City to create affordable housing. • If sold to party unaffiliated with Housing Authority and used for affordable housing, then (a) 52% of total appreciation value will be applied as a reduction to the purchase price and (b) the Owner will repay the City and County any outstanding loan amount. VACANCY If household increases in SAME SAME income results in not meeting affordability percentage requirements, then Owner offer vacant units as available in appropriate affordability category until percentages are met. EXISTING • If income is >80%AMI- SAME SAME RESIDENTS <120%AMI may continue to rent or lease at affordable rent • If income is ≥120% AMI may continue to rent or lease however, upon written notice, rent may Item 10: Staff Report Pg. 12 Packet Pg. 244 of 692 Item 10 Item 10 Staff Report Original 2017 Regulatory Proposed Regulatory Agreements Agreement be adjusted to fair market rent RELOCATION • Residents shall not be SAME SAME displaced before suitable replacement housing is available • All relocation costs to be paid by Owner (not resident) • Residents have the right to return after any temporary relocation. REPORTING • Annual report on SAME SAME occupied units, including household income and size and rental rate • Annual financial audit The SCCHA has expressed its commitment to delivering the same number of required housing units at the same affordability levels in the new agreements. City staff, County staff, and SCCHA staff will discuss the amendments. City and County staff have had similar comments and concerns when reviewing the Regulatory Agreements and are in close communication (e.g., regular emails, meetings, and phone calls) on this work. In the proposed regulatory agreements there are draft changes to affordability levels, these are: • For households with incomes greater than 50% AMI but less than or equal to 80% AMI, a monthly rent less than or equal to one -twelfth of 30% of 80% of AMI, rather than one - twelfth of 30% of 60% of AMI. • For households with incomes greater than 80% AMI but less than 120% AMI, a monthly rent less than or equal to one -twelfth of 30% of 120% AMI, rather than one -twelfth of 110% AMI. • There is no language referring to mobile home owners and mortgage payments and the ability to deduct mortgage payments, property taxes, assessment, and insurance premiums in determining affordable rent. These changes represent SCCHA's proposed update to the rent calculation methodology to better align with the funding sources that will be in place for both the park and apartments. Item 10: Staff Report Pg. 13 Packet Pg. 245 of 692 Item 10 Item 10 Staff Report When the parties initially entered into the regulatory agreement in 2017, the funding sources were not yet fully known. As the parties enter into the updated agreements, SCCHA proposes to use the federal Department of Housing and Urban Development (HUD) published area median income levels (AMI) and rent calculation method, which better align with financing sources. The Housing Authority (SCCHA) indicated that impacts to current residents are minimal and vary based on each household's income. Some residents will see a reduction, some residents will see no change, and others will see an increase. For those receiving an increase, the increases will be limited to either 5% or 10% per year until they "catch-up" to the correct affordable rent for their household. Although it did not result in a change to the regulatory agreement, it is worth noting that the Housing Authority indicates it has invested a much higher proportion of the project's funding than anticipated under the original agreement (more than double the original amount) and remains committed to seeing the project through. City staff anticipate returning to Council for approval on Consent in August with the intent to execute an agreement based on the revised terms drafted. County staff have indicated that they will be bringing the Regulatory Agreements before the Board of Supervisors late summer / this fall for their review and approval. FISCAL/RESOURCE IMPACT In June 2016, Council authorized the expenditure of $14.5 million in City affordable housing funds to support the Housing Authority's potential acquisition of the Buena Vista Mobile Home Park for deed restricted affordable housing. The money was utilized to acquire the site in 2017.The redeveloped Buena Vista Community will have two separate development budgets: one for the mobile home park and one for the proposed apartments. With the State's award of nearly $25 million in Manufactured Housing Opportunity and Revitalization funds, the mobile home park is fully funded. The Housing Authority is continuing to work on the financing plan and funding applications for the apartment building and intends to apply for Preservation & Reinvestment Initiative for Community Enhancement funds in June and tax credits in August. SCCHA also intend to apply for tax credits at the end of August 2024. No additional funding is requested from the City at this time. The formal application is a cost recovery project and the SCCHA has paid the required deposit fee in accordance with the municipal fee schedule for processing of this application. STAKEHOLDER ENGAGEMENT Van Meter Williams Pollack on behalf of SCCHA began the community engagement process in early 2019 but was disrupted by the COVID pandemic. In the Fall of 2022, SCCHA, Van Meter Williams Pollack, and Associated Right of Way Services, Inc. worked with Engage FORA to resume the community engagement process for the redevelopment of the Buena Vista Mobile Home Park). The Housing Authority reports the engagement process included: Item 10: Staff Report Pg. 14 Packet Pg. 246 of 692 Item 10 Item 10 Staff Report • 4 interactive workshops • resident advisor 1 -on -1s • 3 property tours • monthly newsletters • on -site tours of a new coach • frequent FAQs • 3 resident education sessions • website updates • 3 community -building events Through the engagement process, SCCHA reports Buena Vista resident's having an influence over several aspects of the design, including: • Colors, material, and architectural style • Massing and orientation of the apartment building • The size of the new mobile homes Residents also reportedly stressed the importance of amenities like play areas, a place for a homework club with computers, indoor and outdoor community gathering and event spaces, a dog run, and garden beds. SCCHA reports that during the engagement process, some resident questions and concerns were raised, which the agency states it responded to through written Q&A documents in February, April, May, and June 2023. SCCHA indicates a Townhall meeting was held in April 2023, in addition to one on one meetings and workshops. For residents with very specific questions and circumstances, the SCCHA reports corresponded directly with these households. For some residents, navigating the process has included bringing the Law Foundation, and, in some cases, trusted clergy, into meetings involving housing options and decisions. Additionally, City staff has met with the SCCHA monthly, and at times weekly, to better understand how resident concerns are being addressed and to partner and assist as appropriate. One example of this was staff leveraging its relationship with a local mental health provider that has attended some Buena Vista -related community events and connected with community members to develop relationships and provide support. Public Comments At the Council study session in March 2024, several residents of the mobile home park and interested stakeholders provided comments on the proposed project. Generally, comments focused on the relocation plan and ranged from those interested in having the project approved as soon as possible to improve their existing living condition, to those that felt that the residents' needs were not being met in under the relocation plan. For example, one resident expressed that they requested a three -bedroom unit in the relocation because their current two -bedroom unit did not provide enough space and were not afforded that option. Item 10: Staff Report Pg. 15 Packet Pg. 247 of 692 Item 10 Item 10 Staff Report Another stakeholder expressed that as a current renter they were not provided the opportunity to become an owner in this relocation plan, which deviated from their original expectations. There were also comments generally asking the City to reassess its authority with respect to the portion of the site that would be reviewed by HCD. One commenter asked for the private street to be relocated. At the Architectural Review Board study session in May 2024, two local residents spoke in support of the proposed redevelopment. One resident asked for more clarity on the total number of parking spaces between both parcels, encouraged more clarity on which trees would be removed, asked for reconsideration of the species proposed on the portion of the property subject to HCD purview (specifically discouraging the use of Lombardy Poplar trees). A second stakeholder agreed with the first speaker with respect to trees and expressed that more oak trees should be planted. ENVIRONMENTAL REVIEW Because this project involves federal programs, it must be evaluated under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Under CEQA and NEPA, the project must be considered as a whole, so the City is serving as the lead agency for CEQA, and the Responsible Entity (RE) for NEPA for all aspects of the project (including the mobile homes). The Department of Housing and Urban Development will serve as the lead agency under NEPA. As the RE, the City is responsible for preparing the NEPA evaluation. An Environmental Assessment is currently being prepared in accordance with NEPA and is required to be complete for the release of any federal funds for the project. ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: Proposed 2024 Regulatory Agreements Attachment D: Existing Regulatory Agreement Attachment E: Zoning Code Consistency Analysis Attachment F: Objective Standards Consistency Analysis Attachment G: Project Description and Justification of Waivers Attachment H: Project Plans APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 10: Staff Report Pg. 16 Packet Pg. 248 of 692 chodgki, 2024-02-20 08:1849 only of best available sources. (\\ccmaps\EncompaenAdmin\Pereoaal\Planniag.mdb) Item 10: Staff Report Pg. 17 Packet Pg. 249 of 692 9a9 to 2016 coy of Palo Alto Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval ACTION NO. 2024-_ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 3980 El CAMINO REAL: STREAMLINED HOUSING DEVELOPMENT AND VESTING TENTATIVE MAP [24PLN-00041] At its meeting on , 2024, the City Council of the City of Palo Alto ("City Council") approved the Streamlined Housing Development Review for a 61 -unit residential rental development and Vesting Tentative Map for the development of a subdivision to create two lots with 44 residential condominium units on a portion of the resulting lot, making the following findings, determinations and declarations: SECTION 1. Background. A. On February 15, 2024, Santa Clara County Housing Authority (SCCHA) applied for a Streamlined Housing Development Review application for a 61 -unit residential rental development, including the following density bonus waivers and concessions in accordance with state density bonus law: • Density Bonus: 80% increase in density from 20 du/ac to 36 du/ac • Concession 1: Facade Breaks • Concession 2: Ground Floor Unit Direct Connection to Path or Common Open Space • Concession 3: Percentage of Frontage Dedicated to Utilities and Parking • Concession 4: Private Open Space (None where 50 sf per unit is required) • Waiver 1: Floor Area Ratio (1.01:1 where 0.5:1 is allowed) • Waiver 2: Height (37 feet where 30 feet is allowed) • Waiver 3: Site Open Space (24% where 35% is required) • Waiver 4: Tree Canopy Cover in Parking Lot • Waiver 5: Reduction in Street Trees • Waiver 6: Street width (28 feet where 32 feet is required) B. On April 30, 2024, SCCHA applied for a Vesting Tentative Map for the development two subdivide one (1) existing 4.5 acre lot into two parcels (1.69 -acres and 2.81 acres ) and for a 44 unit condominium subdivision of the 2.81 -acre lot, including a density bonus waiver from street width requirements to permit a minimum 28 -foot wide private street. ("The Project"). C. The project site is comprised of one existing lot (APN No. 127-11-103) of approximately 4.5 Acres (196,020 sf). The site contains a multi -family development with seventy-nine (79) residential units, seventy-five (75) of which are occupied. Single family residential uses abut the site to the north. Multi -family residential units abut the site to the west, and across Los Robles Avenue to the South. Commercial uses abut the site to the east along El Camino Real. Item 10: Staff Report Pg. 18 Packet Pg. 250 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval D. Following submittal of the application, Council held a study session on March 4, 2024 to provide early input on the proposed development and to provide an opportunity to hear comments from the public. E. Following staff review, the Architectural Review Board reviewed the project at a study session on May 2, 2024, to provide feedback on the design. F. Following the Architectural Review Board hearing, the applicant resubmitted revised plans on May 29, 2024. G. Following staff review of the Vesting Tentative Map, the Planning and Transportation Commission reviewed the project and recommended approval on , 2024, subject to conditions of approval. H. On June 18, 2024 the City Council held a duly noticed public meeting, at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council's policies and procedures. I. On , 2024 the City Council held a duly noticed public meeting at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council's policies and procedures SECTION 2. Environmental Review. The City, acting as the lead agency for the Project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline section 15332, which provides an exemption for infill development projects. Documentation to support the exemption is available as part of the public record on file with the Planning and Development Services Division. Section 3. Streamlined Housing Development Review. The design and architecture of the proposed improvements, as conditioned, complies with the Streamlined Housing Development Project Review Process Findings as required in Chapter 18.77.073 of the PAMC. Neither the Director, nor the City Council on appeal, shall approve an application unless it is found that: Finding #1: The application complies with all applicable and objective standards in the Comprehensive Plan, the Palo Alto Municipal Code, and other City plans or policies. The proposed project complies with all applicable and objective standards in the Comprehensive Plan and the Palo Alto Municipal Code as detailed in the staff report and in Attachments D, Zoning Consistency, and E, Objective Standards Consistency, except where waivers or concessions are requested pursuant to state density bonus law. In accordance with The Housing Accountability Act as set forth in California Government Code 65589.5(j)(3), the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not Item 10: Staff Report Pg. 19 Packet Pg. 251 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. Therefore, for the project is compliant with the objective standards. A summary of the project's consistency with the Comprehensive Plan is provided in this table. The project is required to comply with the Comprehensive Plan to the extent that the requirements are objective. Comp Plan Goals and Policies The Comprehensive Plan land use designation for the site is Multi -family Residential which allows for densities ranging from 8 to 40 units per acre Housina Element Policy 4.3 Implement development standards, objective design standards, and architectural and green building standards that encourage new high -quality rental and ownership housing. Land Use and Community Design Element How project adheres or does not adhere to Comp Plan The project adheres to the Comprehensive Plan by providing multi -family housing on a multi- family use site. The proposed density is 36 units per acre which is consistent with this comprehensive clan land use designation. The project complies with the implemented standards except where requests for waivers or concessions in accordance with state density bonus law is provided. The project provides the necessary upgrades to deteriorating infrastructure on the site and updates to the units to provide new high -quality rental and ownership units while maintaining the affordability level. Policy L-2.8: When considering infill The project is an infill project. A full relocation development, work to minimize the displacement plan has been presented to all tenants and of existing residents creates options for ownership or rental. The nroiect replaces more units than it removes. Policy L-9.2 Encourage development that creatively integrates parking into the project, including by locating it behind buildings or underground wherever possible, or by providing for shared use of parking areas. Encourage other alternatives to surface parking lots that minimize greenery along the frontage. the amount of land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand. While the project proposes surface parking, the parking is located at the side of the building and is not located between the building and the street. The frontage is still provides a sidewalk and bike lane and provides street trees and other Policy L-9.4 Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and "active" transportation. Transportation Element The project includes a new sidewalk and street trees as well as new bicycle parking within the project setback area that promotes active transportation. This improves the current design, which provides parking along the project frontage and does not include a sidewalk. 3 Item 10: Staff Report Pg. 20 Packet Pg. 252 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval Policy T-3.7 Encourage pedestrian -friendly design The project includes direct connections to the features such as sidewalks, street trees, on -street sidewalk that help to activate the frontage along parking, gathering spaces, gardens, outdoor Los Robles Avenue in addition to new street trees furniture, art and interesting architectural details. and plantings. Policy T-3.9 Support citywide sustainability The project meets the tree canopy replacement efforts by preserving and enhancing the tree requirements through on site planting. The canopy where feasible within the public right -of- project includes removal of two trees and way, consistent with the Urban Forest replaces with 24 new trees where 7 24 -inch box Management Plan, as amended. trees are required in accordance with the canopy replacement requirements. Finding #2: Approving the application will not result in a specific, adverse, impact upon the public health or safety, which cannot feasibly be mitigated or avoided in a satisfactory manner. As used in this Section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The proposed project would not result in a specific, adverse, impact upon public health or safety. The project complies with all applicable safety requirements with respect to fire safety for the building itself (e.g. ladder access, sprinklers) as well as emergency vehicle access to the site. The project also does not introduce any new changes to streets (e.g. new curves in a roadway) or impacts to line -of -sight that would create a safety hazard. SECTION 4. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons: 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site is consistent with the Comprehensive Plan as described below. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: There is no adopted specific plan for this project site. The proposed vesting tentative map and related improvements is consistent with the Comprehensive Plan in that it facilitates housing development on a site designated for multi -family use within the urban services area, consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The proposed density (36 DU/AC) is consistent with the allowable density (20 to 40 DU/AC) in the multi -family land use designation as outlined in the Land Use Element. The project replaces 79 existing residential ownership and rental units with 6f1 -residential rental units and 44 residential ownership units. The project would be 100% affordable with 40% of units provided at a rate affordable to households earning 30% of Area Median Income (AMI), 40% of the units provided at a rate affordable to households earning 50% AMI and the remaining 20% provided at a rate affordable to households earning 80% AMI. The project improves the city's jobs Item 10: Staff Report Pg. 21 Packet Pg. 253 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval housing imbalance consistent with the Transportation Element's goals and policies. 3. That the site is not physically suitable for the type of development: The Project site is suitable for multi -family residential development in that it's located within the multi -family zone district on a site designated on the City's Land Use Map for multi -family use. The proposed resulting parcels meet the minimum code requirements for the RM-20 zone district with respect to lot area, width and depth. The proposed number of condominium units for one of the two parcels complies with the applicable densities set forth in the land use element. 4. That the site is not physically suitable for the proposed density of development: The proposed development of both parcels would create a total of one -hundred and five (105) multi -family residential units which is 23 dwelling units (DU) per acre (total project site is 4.5 acres). This density complies with the minimum and maximum allowable residential density as calculated for the total site area under the comprehensive plan (20-40 DU/acre = 90-180 DU). The newly created parcel for the rental units would have a density that exceeds the maximum allowable density for the zoning (20 DU/AC) in accordance with state density bonus law (Assembly Bill 1763) which allows for increased density based on the percentage of BMR units (80% of the base project) and their affordability level. Building, Palo Alto Fire Department, Planning, Transportation, Zero Waste, and Public Works Engineering have reviewed the requested density bonus waiver to permit a minimum 28 -foot street width to ensure that all necessary requirements for safety, including but not limited to, fire safety and traffic safety (e.g. curb cut location, turning radius, etc.) have been met as well as to ensure that the street allows for proper function of the site (e.g. trash pickup). 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The project is located within the built environment that does not contain quality habitat for fish or other wildlife on the site or within the vicinity of the site. An easement along the project frontage contains Barron Creek within an existing underground culvert pipe. An encroachment permit from Valley Water is required as a condition of approval of the project to ensure that the proposed work does not impact the existing infrastructure. The adopted Palo Alto 2030 Comprehensive Plan includes Map N-1, which identified sensitive animal and plant species within the Palo Alto quadrangle, a large geographic area that includes the urban portions along the bay and within the foothills, based on information in the California natural Diversity Database (CNDDB). Based on this map, and the urban nature of the site, the subject property does not contain any habitat for endangered, rare, or threatened species and has not historically supported any of these species. 5 Item 10: Staff Report Pg. 22 Packet Pg. 254 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The subdivision of this parcel and associated improvements would not have the potential to result in serious health problems. The proposed multi -family use would not include use or storage of hazardous materials and the use is located within the urban environment adjacent to other residential uses. The site is not located on a hazardous waste site pursuant to government code 65962.5. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no public access easements over the property currently. Therefore, the design of the subdivision will not conflict with any public easements for access through, or use of, the property. Existing public utility easements would be vacated and new public utility easements created as part of the mapping process to reflect modifications to the location of utility infrastructure. A new public access easement would be granted over a portion of the frontage for public access on the proposed new sidewalk. An existing Valley Water easement would be maintained along the frontage and any temporary or permanent improvements within that area requires an encroachment permit from valley water prior to building permit issuance. SECTION 5. Vesting Tentative Map Approval Granted. Vesting Tentative Map Approval is filed and processed in accordance to PAMC Section 21.13.020 and granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 8 of this Record of Land Use Action. SECTION 6. Final Map. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map prepared by Sandis Engineering titled " ," consisting of pages, stamped as received 2024, except as modified to incorporate the conditions of approval in Section 6. A copy of the Vesting Tentative Map is on file in the Department of Planning and Development Services, Current Planning Division. Prior to the expiration of the Vesting Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]). 6 Item 10: Staff Report Pg. 23 Packet Pg. 255 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval SECTION 7. Conditions of Approval Streamlined Housing Development Review. PLANNING DIVISION CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "Buena Vista Commons 3980 El Camino Real, Palo Alto, CA 94306" stamped as received by the City on June 3, 2024 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant's responsibility to highlight any proposed changes to the project and to bring it to the project planner's attention. 5. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be permanently maintained and replaced as necessary. Landscaping along the rear lot line between the project and single-family residential uses shall be planted at a minimum height of 8 feet and maintained as a landscape screen for the life of the project in accordance with the code requirements for objective standards. 6. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 7. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no amplified music shall be used for producing sound in or upon any open area, to which the public has access, between the hours of 11:00pm and one hour after sunrise. 8. NOISE REPORT AT BUILDING STAGE. An analysis of the proposed project's compliance with the City's noise requirements for the proposed HVAC was prepared as part of the documentation to support a Class 32 categorical exemption. At the time of building permit issuance for new construction or for installation of any such mechanical equipment, if the proposed equipment exceeds the anticipated noise level that was analyzed or is proposed in a location that is closer to the property line, the applicant shall submit an acoustical analysis by an acoustical engineer demonstrating projected compliance with the Noise Item 10: Staff Report Pg. 24 Packet Pg. 256 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval Ordinance. The analysis shall be based on acoustical readings, equipment specifications and any proposed sound reduction measures, such as equipment enclosures or insulation, which demonstrate a sufficient degree of sound attenuation to assure that the prescribed noise levels will not be exceeded. 9. VALLEY WATER ENCROACHMENT PERMIT. An encroachment permit is required prior to any temporary work or permanent improvements within Valley Water's easement. The project shall comply with any and all requirements of the encroachment permit. 10. PUBLIC ACCESS EASEMENT. A public access easement shall be required for the proposed sidewalk on private property. This may be dedicated through separate instrument and documented on the tentative map and final map or it may be recorded through the subdivision map process. 11. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs, if proposed, shall conform to the requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to approval by the Director of Planning. 12. STANDARD REQUIREMENTS FOR UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL RESOURCES. No known archeological resources are present on or within the immediate vicinity of the site. However, as noted in the project description and per the City's standard conditions, in the unlikely event that an archeological resource is unearthed during ground disturbing activities, work in the immediate area should be halted and an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the find is Native American in origin, then a Native American representative should also be contacted to participate in the evaluation of the find. The qualified archaeologist, and, if applicable, the Native American representative, shall examine the find and make recommendations regarding additional work necessary to evaluate the significance of the find and the appropriate treatment of the resource. Recommendations could include, but are not limited to, invasive or non-invasive testing, sampling, laboratory analysis, preservation in place, or data recovery. A report of findings documenting any data recovered during monitoring shall be prepared by a qualified archaeologist and submitted to the Director of Planning. 13. STANDARD REQUIREMENTS FOR THE PROTECTION OF NESTING BIRDS. As detailed in the project description and per the City's standard conditions, vegetation or tree removal shall be prohibited during the general avian nesting season (February 1— August 31), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site no more than 14 days prior to scheduled vegetation clearance and/or demolition activities. If nesting birds are found to be present, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for Item 10: Staff Report Pg. 25 Packet Pg. 257 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval raptors) as determined appropriate by the biologist, shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). 14. TREE CANOPY REPLACEMENT. Replacement of the tree canopy for the two trees proposed to be removed is required in accordance with Chapter 8 of the municipal code and the City's Tree Technical Manual. 15. REFUSE. All trash areas shall be covered and maintained in an orderly state within private garages to prevent water from entering into the garbage container. No outdoor storage is allowed/permitted except when brought out to the street for pickup as shown in the plan set. Trash areas shall be maintained in a manner to discourage illegal dumping. 16. BELOW MARKET RATE (BMR) HOUSING. This project is proposed as a state density bonus project and is subject to a tri-party regulatory agreement between the City of Palo Alto, County of Santa Clara, and Santa Clara County Housing Authority. The project shall conform to the approved regulatory agreement, which shall be recorded prior to issuance of building permit or final map, whichever occurs first. All BMR units constructed under this condition shall be in conformance with the City's BMR Program rules and regulations. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 17. RENTER PROTECTIONS. The project is subject to the renter protection requirements set forth in PAMC Section 9.68.050. The applicant shall implement the relocation for existing residents in accordance with the proposed relocation plan as guaranteed in Section 5 of the regulatory agreement, which meets or exceeds these City requirements. 18. ESTIMATED IMPACT FEE. Because the housing is a 100% affordable housing project, development impact fees, citywide transportation impacts fees, and public art in private development fees, do not apply. 19. ENTITLEMENT EXPIRATION. The project approval shall be valid for a period of two years from the date of issuance of the entitlement. If within such two-year period, the proposed use of the site or the construction of buildings has not commenced, the Planning entitlement shall expire. Application for a one-year extension of this entitlement may be made prior to expiration. 20. FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Claire Raybould at Claire.Raybould@cityofpaloalto.org to schedule this inspection. 9 Item 10: Staff Report Pg. 26 Packet Pg. 258 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval 21. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PUBLIC WORKS ENGINEERING 22. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENT. Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms- and-Permits 23. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS. Developer shall familiarize themselves with the guidelines described in the November 2007 revision of the document titled "Overview and Guidelines for the Review of Subdivision Projects". Particularly Section II (items 5 through 12) and Section V (items A through C). https://www.cityofpaloaIto.org/files/assets/public/planning-amp-development- services/file-migration/current-planning/forms-and-guidelines/overview-and-guidelines- for-the-review-of-subdivision-aroiects.adf 24. MAP THIRD -PARTY REVIEW. The City contracts with a third -party surveyor that will review and provide approval of the map's technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third -party surveyor and the applicant will be responsible for payment of the fee's indicated therein, which is based on the complexity of the map. 25. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 26. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. Add the following note: "THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL." 27. GEOTECHNICAL ENGINEER STATEMENT. The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: "THIS PLAN HAS 10 Item 10: Staff Report Pg. 27 Packet Pg. 259 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval [ 9L��d TA"D 1�l1l"re : ►[eL�►1�:�_1��I�LIY�1:�► l_LL �JI��:r�a�l►�l�►��_LL PURPOSE OF THE GEOTECHNICAL REPORT". 28. LOGISTICS PLAN. A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors' parking, truck routes, staging, concrete pours, crane lifts, scaffolding, 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. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. 29. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 30. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the "Pollution Prevention — It's Part of the Plan" sheet. 31. C.3 THIRD -PARTY CERTIFICATION: Applicant shall provide certification from a qualified third -party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. 32. Submit the following as part of the building permit application: a. Stamped and signed C.3 data form (April 2023 version) from SCVURPPP. https://scvurppp.org/wp-content/uploads/2023/04/SCVURPPP-C.3-Data-Form- -undated 4-12-2023 clean fillable.odf b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 33. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit final. 34. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third -party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 11 Item 10: Staff Report Pg. 28 Packet Pg. 260 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval WASTE -GAS -WATER UTILITIES 35. UTILITY DISCONNECT. Prior to issuance of a demolition permit the applicant shall submit a request to disconnect utility services and remove meters. The utilities demo is to be processed within 10 working days after receipt of the request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. 36. SERVICE CONNECTION APPLICATION. At the time of building permit application the applicant shall submit a completed water -gas -wastewater service connection application - load sheet for the City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., fire in g.p.m., and sewer in fixture units/g.p.d.). The applicant shall provide the new loads and the combined/total loads. Show on the plans by adding a text note: THIS IS AN "ALL -ELECTRIC" BUILDING PROJECT NO NEW GAS SERVICE OR GAS HOOKUPS WILL BE INSTALLED. 37. UTILITY IMPROVEMENT PLANS. At the time of building permit application the applicant shall also submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations, and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities, especially storm drain pipes, and electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the ductbank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water, and gas. 38. AUXILIARY WATER SUPPLY. On the building permit and relevant utility applications, the applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc.). 39. UTILITY LATERALS AND MAINS. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services, laterals as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services/laterals. 40. RPPA. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA's for domestic service shall be lead free. Show the location of the RPPA on the plans. 12 Item 10: Staff Report Pg. 29 Packet Pg. 261 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval 41. RPDA. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD. WD -12A or STD. WD -12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City's fire service, within 5' (feet) of the property line or City Right of Way. 42. BACKFLOW PREVENTER. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly. 43. CAPACITY FEES. Prior to building permit issuance, the applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 44. FIRE WATER LATERAL. A new water service line installation for fire system usage is required. Show the location of the new water service on the building permit plans. The applicant shall provide the engineering department with a copy of the plans for the fire system including all fire department's requirements. 45. METERS. Each unit or building shall have its own water meter shown on the plans. Each parcel shall have its own water service and sewer lateral connection shown on the plans. 46. SEWER LATERAL. A new sewer lateral is required, and a profile of the sewer lateral is required showing any possible conflicts with electric/communications duct banks or other utilities. 47. WATER LATERAL. All existing water and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 48. SEPARATION. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1' horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas, and wastewater mains/laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10' of existing trees. Maintain 10' between new trees and new water and wastewater services/laterals/meters except as otherwise approve in conjunction with utilities and urban forestry, including as shown on the approved plans. 13 Item 10: Staff Report Pg. 30 Packet Pg. 262 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval 49. COPY OF PLANS. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for the fire system including all fire department's requirements prior to the actual service installation. 50. UTILITY INSTALLATIONS. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater PUBLIC WORKS ELECTRIC UTILITIES 51. UTILITY EASEMENT REQUIRED. Prior to energization, a public utility easement is required to provide access to the proposed transformers. This can either be provided through separate instrument and documented on the tentative and final map or dedicated through the tentative and final map process. 52. UTILITIES APPLICATION. Changes to existing electric utilities equipment on site, such as the transformer, will require a utilities application. Submit a utilities application and obtain City of Palo Alto Utilities Electrical Engineering approval for the modifications to the electrical system. 53. UTILITY DISCONNECT. The applicant shall submit a request to disconnect all existing utility services proposed for removal, including a signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and, as applicable, removed. 54. UTILITIES SHOWN ON LANDSCAPE PLANS. 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. 55. PERMIT. Contractors and developers shall obtain permit from the Department of Public Works before digging in the street right-of-way. This includes sidewalks, driveways and planter strips. 56. UNDERGROUND SERVICES ALERT. At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert (USA) at 1-800-227-2600 to have existing underground utilities located and marked. The areas to be checked for underground facility marking shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction is complete. 57. CITY STANDARDS. All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 14 Item 10: Staff Report Pg. 31 Packet Pg. 263 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval PUBLIC WORKS ZERO WASTE 58. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction. 59. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. Contact The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail info@thereusepeople.org. More information can be found at www.TheReusePeople.org. Please upload a completed copy to the deconstruction permit. 60. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction. PUBLIC WORKS WATER QUALITY 61. Stormwater Best Management Practices (BMPs) associated with refuse management (including actions related to refuse pick-up and the enclosure itself) shall be followed to ensure pollution prevention and preventing potential discharges to the City's storm drain system. Stormwater BMPS include, but are not limited to, power washing the pavement on both the private property and in the right-of-way and sidewalk a minimum of once per year before the wet season begins on October 1st; utilizing a power washing contractor that is a Recognized Surface Cleaner by the Bay Area Stormwater Management Agencies Association (BASMAA); disposing of wash water according to the Recognized Surface Cleaner certification requirements; and removing any potential trash build-up on a regular basis. PUBLIC WORKS URBAN FORESTRY 62. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include a. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City's full- sized, Sheet T-1 (Tree Protection -it's Part of the Plan!), available on the Development Center website at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant 15 Item 10: Staff Report Pg. 32 Packet Pg. 264 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval shall complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree Activity Inspection Schedule. b. The Tree Preservation Report (TPR). All sheets of the Applicant's TPR approved by the City for full implementation by Contractor shall be printed on numbered Sheet T-1 (T- 2, T-3, etc) and included in the sheet index for the plans submitted for building permit. 63. PLANS --SHOW PROTECTIVE TREE FENCING. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show Type I or Type II fencing around each Regulated Trees, using a bold dashed line enclosing the Tree Protection Zone as shown on Standard Dwg. #605, Sheet T- 1, and the City Tree Technical Manual, Section 6.35 -Site Plans; or using the Project Arborist's unique diagram for each Tree Protection Zone enclosure. 64. SITE PLAN REQUIREMENTS. The following notes shall be included on the site plan for the plans submitted for building or grading permits: i. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree Protection Report and the approved plans". ii. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall add a note applying to the trees to be protected, including neighboring trees stating: "Regulated Tree --before working in this area contact the Project Site Arborist at 650-654-3351" iii. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall include the following note: "Utility trenching shall not occur within the TPZ of the protected tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions." iv. Note #4. "Basement or foundation plan. Soils Report and Excavation for basement construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers may be necessary) in order to avoid over -excavating into the tree root zone. Any variance from this procedure requires Urban Forestry approval, please call (650) 496- 5953." v. Note #5. "Pruning Restrictions. No pruning or clearance cutting of branches is permitted on City trees. Contractor shall obtain a Public Tree Permit from Urban Forestry (650-496- 5953) for any work on Public Trees" 62. TREE PROTECTION VERIFICATION. Prior to demolition, grading or building permit issuance, a written verification from the contractor that the required protective fencing is in place shall be submitted to the Building Inspections Division. The fencing shall contain required warning sign and remain in place until final inspection of the project. DURING CONSTRUCTION 16 Item 10: Staff Report Pg. 33 Packet Pg. 265 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval 63. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using 'air -spade' method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 64. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 65. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 66. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 67. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. POST CONSTRUCTION 68. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices -Pruning (ANSI A300-2008 or current version) and the City Tree Technical Manual, Section 5.00. Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. 17 Item 10: Staff Report Pg. 34 Packet Pg. 266 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval SECTION 8. Conditions of Approval Vesting Tentative Map. Planning 1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled "Vesting Tentative Map 739 Sutter Avenue For Condominium Purposes City of Palo Alto, California", prepared by BKF Engineers and submitted February 23, 2024, except as modified to incorporate the conditions of this approval. 2. DENSITY BONUS UNITS. The project seeks a waiver of the minimum street width requirements to permit a minimum 20 -foot wide private street. In order to qualify for a waiver from this development standard the project shall provide a minimum of two (2) dwelling units at rates affordable to low income households, as defined in Section 50093 of the Health and Safety Code. 3. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 4. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto's Municipal Code provides that all condominium and other "community housing projects" shall submit Covenants, Conditions and Restrictions (CC&R's) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R's. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas, private streets and, parks within the property, shall at all times comply with the City's Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)). d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties 18 Item 10: Staff Report Pg. 35 Packet Pg. 267 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities. f. TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply with all applicable City Ordinances. g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters. h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL. Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney. CITY'S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents. j. NO WAIVER OF CITY'S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective. 19 Item 10: Staff Report Pg. 36 Packet Pg. 268 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval k. CITY'S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City's failure to exercise any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy. SEVERABILITY. Invalidation of any one of the City's required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. ADDITIONAL CC&R REQUIREMENT. The CC&Rs shall also include a provision that dictates the responsibilities of tenants for the trash pickup for the townhomes as shown in the approved plan set. 6. FINAL MAP EXPIRATION. A Final Map, in conformance with the approved Vesting Tentative Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City of Palo Alto and its representatives, shall be filed with the Planning Division and the Public Works Engineering Division within two years of the Vesting Tentative Map approval date or this approval will expire. A one-year extension may be granted in accordance with the allowances set forth in the municipal code. 7. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all applicable development impact fees associated with the proposed development and subdivision prior to issuance of the building permit(s), as detailed in the Streamlined Housing Development Review Approval. 8. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Public Works Eneineerin 9. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS. Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.cityofpaloaIto.org/Departments/Public-Works/Engineering- Services/Forms-and-Permits 10. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS. Developer 20 Item 10: Staff Report Pg. 37 Packet Pg. 269 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval shall familiarize themselves with the guidelines described in the November 2007 revision of the document titled "Overview and Guidelines for the Review of Subdivision Projects". Particularly Section II (items 5 through 12) and Section V (items A through C). https://www.cityofpaloalto.org/files/assets/public/planning-amp-development- services/file-migration/current-planning/forms-and-guidelines/overview-and- guidelines-for-the-review-of-subdivision-projects.pdf 11. MAP THIRD -PARTY REVIEW. The City contracts with a third -party surveyor that will review and provide approval of the map's technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third -party surveyor and the applicant will be responsible for payment of the fee's indicated therein, which is based on the complexity of the map. 12. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 13. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. Add the following note: "THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL." 14. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: "THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT". 15. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 16. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors' parking, truck routes, staging, concrete pours, crane lifts, scaffolding, 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. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. SECTION 9. Terms of Approval. 21 Item 10: Staff Report Pg. 38 Packet Pg. 270 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing Findings for Approval 1. Streamlined Housing Development Review. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire and be of no further force or effect. 2. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Vesting Tentative Map approval, the Vesting Tentative Map shall expire and all proceedings shall terminate. An extension of time may be granted by the city council after recommendation of the planning commission, upon the written application of the subdivider, prior to the expiration of the Vesting Tentative Map approval, or any previous extension granted. Such extension(s) shall be subject to the maximum limitations set forth in the Subdivision Map Act. // // // // // // // // // // // // // // // // // 22 Item 10: Staff Report Pg. 39 Packet Pg. 271 of 692 Item 10 Attachment B: Draft RLUA Streamlined Housing 1. Findings for Approval INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PLANS AND DRAWINGS REFERENCED: I_1»:ii1Tl 11111 Mayor City Manager Director of Planning and Development Services Those plans prepared by Van Meter Williams Architects titled "Buena Vista Commons 3980 El Camino Real, Palo Alto, CA 94306" consisting of 94 pages, dated and submitted May 31, 2024. Those plans prepared by Sandis Engineers titled "Vesting Tentative Map for a Two Lot Subdivision, 3980 El Camino Real" ," consisting of pages, dated ,2024 and submitted _________,2024. 23 Item 10: Staff Report Pg. 40 Packet Pg. 272 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Attachment C Proposed 2024 Regulatory Agreements for Buena Vista This attachment contains 2 Proposed Regulatory Agreements for Council Consideration: 1. Proposed 2024 Regulatory Agreement for Buena Vista Mobile Homes 2. Proposed Regulatory Agreement for Buena Vista Apartments Item 10: Staff Report Pg. 41 Packet Pg. 273 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Proposed 2024 Regulatory Agreement for Buena Vista Redeveloped Park (Mobile Homes) Item 10: Staff Report Pg. 42 Packet Pg. 274 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Santa Clara County San Jose, CA 95110 Attention: EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder's use. APN: AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Redeveloped Park) by and among POCO WAY HDC, INC., THE CITY OF PALO ALTO, and THE COUNTY OF SANTA CLARA 4889-3884-7902 v9 Item 10: Staff Report Pg. 43 Packet Pg. 275 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (Redeveloped Park) (this "Agreement") is entered into effective as of , 2024 ("Effective Date") by and among Poco Way HDC, Inc., a California nonprofit public benefit corporation ("Owner"), the City of Palo Alto, a chartered city and municipal corporation ("City"), and the County of Santa Clara, a political subdivision of the State of California ("County"). The City, the County, and the Owner are collectively referred to herein as the "Parties." RECITALS A. Owner is the owner of the real property located at El Camino Real and Los Robles Road in the City of Palo Alto, Santa Clara County, California, commonly known as the Buena Vista Mobile Home Park, known as Assessor's Parcel Nos. 137-12-001, 137-11-102 (ptn), 137-11-071 (ptn) (the "Park"). The property comprising the Park has been subdivided to create two parcels. The subject of this Agreement is the parcel described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). The adjacent second parcel is referred to herein as the "Apartment Parcel." Owner intends to upgrade the Property and continue its use as an affordable mobilehome park consisting of forty-four (44) Mobilehome Spaces and related improvements (the "Redeveloped Park"). Owner intends to cause an affordable apartment development to be constructed on the Apartment Parcel (the "Apartment Project"). B. The City, the County, and Santa Clara County Housing Authority, a public body corporate and politic ("Authority") each contributed certain funds to finance the acquisition and improvement of the Property and the adjacent property (the "Financing"). In consideration for the Financing, the Parties have agreed that the Property will be owned, operated and maintained subject to a recorded restriction that requires Owner and its successors in interest to use the Property as an affordable housing resource, to enhance the habitability of the Property, and to avoid displacement of the persons who currently reside in the Park. C. The purpose of this Agreement is to satisfy the foregoing requirements, the requirements of Notice PIH-2011-45 (HA) published by the U.S. Department of Housing and Urban Development ("HUD") that apply to housing authorities participating in the Moving to Work demonstration program, and those additional conditions required by the City and County in connection with the Financing. D. This Agreement replaces and supersedes in its entirety that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated as of September 29, 2017, executed by and among the City, the County, and the Authority, and recorded in the Official Records of Santa Clara County on September 29, 2017 (the "Original Acquisition Date") as Instrument No, 23766007. E. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner's successors and assigns for the full term of this Agreement. Item 10: Staff Report Pg. 44 Packet Pg. 276 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties incorporate the above Recitals into the Agreement and hereby agree as follows. 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement. "Actual Household Size" means the actual number of persons in the applicable household. "Adjusted for Family Size Appropriate for the Unit" shall be determined consistent with the Santa Clara County Housing Authority's Housing Quality Standards (HQS) and 24 CFR 982.401 (i.e., assumed household size of two (2) persons per bedroom). "Affordable Rent" means the following amounts, less the following (i) a utility allowance, (ii) Mortgage Payments and property taxes, assessments, and insurance premiums payable by the Resident Household for the Mobilehome, and (iii) other fees and charges required to be paid by Resident Households on a non -optional basis in connection with the rental or lease of a Mobilehome or Mobilehome Space: (i) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of not more than thirty (30%) of AMI ("30% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (ii) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of greater than 30% AMI, but not more than fifty percent (50%) of AMI ("50% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (iii) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of greater than 50% AMI, but not more than eighty percent (80%) of AMI ("80% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of eighty percent (80%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit; and (iv) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of greater than 80% AMI, but not more than one hundred twenty percent (120%) of AMI ("120% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of one hundred twenty percent (120%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. "Applicable Law" means all local, State, and federal laws, rules and regulations that apply to the Property or the Redeveloped Park, including without limitation all laws, 3 Item 10: Staff Report Pg. 45 Packet Pg. 277 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements rules and regulations that apply pursuant to financing provided for development or operation of the Property or the Redeveloped Park. "Area Median Income" or "AMI" means the median income for Santa Clara County, California, adjusted for Actual Household Size, as determined by the U.S. Department of Housing and Urban Development ("HUD") pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development ("HCD") in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). "Authority" means the Santa Clara County Housing Authority, a public body corporate and politic. "Eligible Household" means a household whose Gross Household Income at initial occupancy does not exceed eighty percent (80%) of Area Median Income. "Existing Residents" means households that were lawfully residing in the Park as of the Effective Date. "Fiscal Year" means the reporting period commending on January 1 and ending on December 31 of any year. "Government Code" means the Government Code of the State of California. "Gross Household Income" means the total anticipated annual income of all persons in a household, as calculated in accordance with Section 6914 of Title 25 of the California Code of Regulations as such Section may be revised from time to time, or pursuant to a successor State or federal housing regulation that utilizes a reasonably similar method of calculation of household income. "Income Certification" is defined in Section 2. "Mobilehome" means a mobilehome, manufactured home, park model RV, or other dwelling unit located on the Property. "Mobilehome Space" means a space located on the Property upon which a Mobilehome is placed. "Mortgage Payment" means the monthly principal, interest, and mortgage insurance premiums (if any) payable by a Resident Household for a mortgage on a Mobilehome occupied by the Resident Household. To qualify as a Mortgage Payment for the purpose of establishing Affordable Rent, any new or additional mortgage, including any refinancing of an existing mortgage must be approved by Owner or Owner's agent. "MPA" means the Mobilehome Park Act, California Health and Safety Code sections 18200 et seq. and related regulations, as amended or its successor. Item 10: Staff Report Pg. 46 Packet Pg. 278 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements "MRL" means the Mobilehome Residency Law, California Civil Code sections 798 et seq, and related regulations, as amended or its successor. "Rent" means the total of monthly payments payable by a Resident Household for the use and occupancy of a Mobilehome and/or a Mobilehome Space. "Resident Household" means a household that resides in a Restricted Unit. "Restricted Units" means the forty-four (44) Mobilehomes and Mobilehome Spaces in the Redeveloped Park that are subject to rent and income eligibility restrictions pursuant to this Agreement. "Term" is defined in Section 2.1. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that throughout the Term, the Property shall be used solely for the operation of affordable housing in compliance with the requirements set forth in this Agreement. 2.1 Affordability Requirements. Subject to Section 2.11, for a term of seventy- five (75) years commencing upon the Effective Date (the "Term"), subject to Sections 2.4 and 2.8, all Restricted Units shall be restricted for occupancy at Affordable Rents by Eligible Households. When Mobilehomes/Mobilehome Spaces become vacant, they shall be rented to Eligible Households to satisfy the following distribution among affordability levels: (a) no less than eighteen (18) Mobilehomes/Mobilehome Spaces (i.e., 40% of the Restricted Units) shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than thirty percent (30%) of AMI adjusted for Actual Household Size, (b) no less than eighteen (18) additional Mobilehomes/Mobilehome Spaces (i.e., 40% of the Restricted Units) shall occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than fifty percent (50%) of AMI adjusted for Actual Household Size, and (c) the remainder of the Restricted Units shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than eighty percent (80%) of AMI adjusted for Actual Household Size. The Parties agree to meet and confer regarding potential modifications to the requirements set forth in this Section 2.1 if Owner demonstrates that such modification is necessary to maintain the financial feasibility of the Redeveloped Park. City and County agree to consider such requests in good faith, and will not unreasonably deny consent if Owner demonstrates that the modification is necessary for financial feasibility. 2.2 Increases in Household Incomes; Filling of Vacancies. If, upon annual recertification of Gross Household Incomes, Owner determines that the requirements in Section 2.1 are not satisfied, Owner shall offer the next available vacant Mobilehome/Mobilehome Space(s) to households of the appropriate income categories until the requirements of Section 2.1 are satisfied. 5 Item 10: Staff Report Pg. 47 Packet Pg. 279 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements 2.3 Other Restrictions. Notwithstanding anything to the contrary contained in this Agreement, if lenders, investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed by this Agreement, the requirements of such other lenders, investors or regulatory agencies, including without limitation, the requirements associated with tax-exempt financing, if applicable, shall prevail. 2.4 Existing Residents. Notwithstanding anything to the contrary contained in this Agreement, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income shall be permitted to rent or lease a Mobilehome or Mobilehome Space at an Affordable Rent until: (a) the household voluntarily vacates the Mobilehome/Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the MRL, the lease agreement and Applicable Law. Furthermore, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Mobilehome or Mobilehome Space or until: (a) the household voluntarily vacates the Mobilehome/Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the MRL, the lease agreement and Applicable Law; provided however, upon written notice in accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent; provided however, in no event shall any annual rent increase exceed ten percent (10%) over the rent charged to such household in the immediately preceding twelve (12) month period. 2.5 Income and Occupancy Certification. Owner or Owner's authorized agent shall obtain from each Resident Household prior to initial occupancy of a Restricted Unit, and annually thereafter, a completed income and occupancy certification ("Income Certification") setting forth the identity of each household member and the total Household Gross Income. 2.6 Annual Income and Occupancy Certification Requirement. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to annually provide an Income Certification to Owner, and that failure and/or refusal to provide such Income Certification will be considered a breach of the lease or rental agreement, and may result in the loss of the right to occupy a Mobilehome/Mobilehome Space in the Redeveloped Park. 2.7 Verification of Income and Occupancy Certification. For the initial and the annual Income Certifications, Owner shall verify each Resident Household's income by requesting and reviewing such verification and documentation as Owner may reasonably require, which may include: (i) pay stubs for the most recent four (4) consecutive pay periods; (ii) if self-employed, Tax Form 1040, including Schedule C and other attachments from the prior year, (iii) an income verification form from the Social Security Administration and/or the California Department of Social Services if Resident 6 Item 10: Staff Report Pg. 48 Packet Pg. 280 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Household members receives assistance from either of such agencies; (iv) history of the last 12 months of child support payments, if any, (v) if anyone in the Resident Household is unemployed, a form of independent verification; and (vi) the most recent of any and all bank account statements and/or any other financial account statements. 2.8 Increased Income of Household After Recertification. (a) If the Gross Household Income of a Resident Household is determined to have increased to be more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Mobilehome or Mobilehome Space on the Property at Affordable Rent until: (a) the household voluntarily vacates the Mobilehome or Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the MRL, the lease agreement and Applicable Law. (b) If the Gross Household Income of a Resident Household is determined to have increased to be more than one hundred and twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Mobilehome or Mobilehome Space on the Property until: (a) the household voluntarily vacates the Mobilehome or Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the lease agreement, the MRL, and Applicable Law; provided however, upon written notice in accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.9 Notice of Rent Increase or Decrease. Each Resident Household shall be provided with notice of Rent increases or decreases consistent with the requirements set forth in the lease agreement and Applicable Law. 2.10 Intentionally omitted. 2.11 Vacancies. The Parties acknowledge and agree that notwithstanding any contrary provision of this Agreement, when a Mobilehome/Mobilehome Space is vacated, Owner shall have discretion to rent or sell the vacated Mobilehome to an Eligible Household. 3. Occupancy Requirements. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to occupy their Mobilehome as their principal place of residence, and shall not be permitted to rent out their Mobilehome or sublease their Mobilehome or Mobilehome Space except as permitted under the MRL, the lease agreement and Applicable Law. 4. Construction of Improvements. Owner shall obtain all necessary permits and approvals for development of the Property and the Redeveloped Park, as required by Applicable Law, local zoning, and other applicable regulations. Item 10: Staff Report Pg. 49 Packet Pg. 281 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements 5. Relocation. Persons residing on the Property as of the Effective Date shall not be displaced before suitable replacement housing is available. Owner or Owner's agent shall be solely responsible for ensuring that all such persons receive all notices, benefits and assistance to which they are entitled in accordance with California Relocation Assistance Law (Government Code Section 7260 et seq.); Government Code sections 65863.7 and 65863.8; MPA section 798.56, the State and local regulations implementing such laws, and all other applicable local, State and federal laws, regulations and policies, including but not limited to the Uniform Relocation Act (42 U.S.C. §4601 et seq.) and implementing regulations (collectively "Relocation Laws") relating to the displacement and relocation of eligible persons as defined in such Relocation Laws. All costs incurred in connection with the temporary and/or permanent displacement and/or relocation of occupants of the Property, including without limitation payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to Relocation Laws shall be paid by Owner. County and City shall have no responsibility for payment therefor. 6. Owner's Reporting Obligations to the City and County. 6.1 Annual Report. Within sixty (60) days following the close of each Fiscal Year, Owner shall submit to the City and the County a report ("Annual Report") that includes the following information for each Restricted Unit: (a) the unit number, (b) the number of bedrooms in the Mobilehome Home, (c) the affordability category for the Mobilehome/Mobilehome Space, (d) the number of persons occupying the Mobilehome, (e) the Gross Household Income of the Resident Household, (f) the lease commencement date, (g) the current rent, utility, and other charges payable for the Mobilehome/Mobilehome Space, and (h) the projected rent increase (if any) for the Mobilehome/Mobilehome Space. To satisfy the requirement to provide an Annual Report, Owner may provide copies of forms submitted to the California Debt Limit Allocation Committee, the State Department of Housing and Community Development, or other California governmental agencies. In addition to the above, the Annual Report shall state the date the occupancy commenced, the initial rental rate, if a Mobilehome was purchased, then the purchase price paid by the resident (if such information is available) and such other information as the City or the County may be required by law to obtain. 6.2 Financial Audit. The Owner is responsible for obtaining a financial audit annually and shall provide the same to the City and County within one -hundred twenty (120) after the end of the Fiscal Year. 6.3 Additional Information. The Owner shall provide any additional information reasonably requested by the City or County. The City or County shall have right to examine and make copies of all books, records or other documents of the Owner pertaining to the Property. Item 10: Staff Report Pg. 50 Packet Pg. 282 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements 6.4 Retention and Inspection of Documents. (a) Owner shall maintain complete, accurate and current records pertaining to the Restricted Units, the Redeveloped Park, and the Property, including copies of Income Certifications and Rent calculations for all Resident Households, and financial, management and maintenance records for the Redeveloped Park and the Property. Records shall be maintained for at least five (5) years from the date of their creation. (b) Owner shall permit duly authorized representatives of the City and County to inspect Property records, including, without limitation, records pertaining to household income and household size of Resident Households; provided however, confidential and sensitive information relating to any Resident Household (such as account numbers, social security numbers, driver's license numbers) may be redacted or marked out to protect the confidentiality of such information. (c) The City or County or any duly authorized representative thereof shall have the right to review and request copies of documents. In either the City or County's discretion, it shall have the right to audit such records, to determine the Owner's compliance with the requirements of this Agreement. 7. Operation of the Property. 7.1 Residential Use. The Property shall be operated only for residential use; however, this restriction shall not prohibit the operation of community, recreational, educational, or similar facilities that are open to the public, provided that these uses are consistent with applicable zoning. 7.2 Non -Discrimination: Compliance with Fair Housina Laws. 7.2.1 Fair Housing. Owner and Owner's agent shall comply with state and federal fair housing laws in the marketing and rental of the Mobilehomes and Mobilehome Spaces located on the Property. Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 7.2.2 Non -Discrimination. Neither Owner nor Owner's agent shall restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) 9 Item 10: Staff Report Pg. 51 Packet Pg. 283 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. 8. Property Management and Maintenance 8.1 Management Responsibilities. The Owner and Owner's agent shall be responsible for all management functions with respect to the Property including, but not limited to, the selection of Resident Households, certification of household income and size, certification of the ages of all household members, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, security and management of household relocation, if required. The Owner shall retain a professional property management company to perform its management duties hereunder. City and County hereby approve John Stewart Company as the property manager, and subject to the rights of senior lenders and investors, City and County shall have the right to review and approve any subsequent property manager, which approval shall not be unreasonably withheld or delayed. A resident manager shall also be retained, if required by law or by Owner. 8.2 Performance Review. The City and County reserve the right to conduct jointly or separately an annual (or more frequently, if deemed reasonably necessary by the City or County) review of the management practices and financial status of the Property. The purpose of the performance review will be to enable the City and County to determine if the Property is being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with the City and County in such reviews. 9. Indemnification In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Owner, County and City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties thereto, their officers, board 10 Item 10: Staff Report Pg. 52 Packet Pg. 284 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements members, employees, or agents, under or in connection with or arising out of any work authorized or delegated to such other Parties under this Agreement. Notwithstanding the foregoing, the Owner, and its assigns, shall indemnify, defend, and hold harmless the County and City, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, the relocation of residents of the Property, the construction of improvements on the Property, and the operation or maintenance of the Redeveloped Park the Property, excepting only loss, injury or damage caused by the negligence or willful misconduct of the County or the City. The Owner, and its assigns, shall reimburse the County and City for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Owner is obligated to indemnify, defend and hold harmless the County and City under this Agreement. Each Party agrees that all obligations under this Section 9 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 10. Binding on Successors. 10.1 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full Term regardless of any sale, assignment, transfer, or conveyance of the Property or any part thereof or interest therein. The Parties acknowledge that Owner may transfer the Property to (a) the Authority or to an entity affiliated with the Authority, (b) a limited partnership or limited liability company whose general partner or managing member is Owner or another nonprofit public benefit corporation or limited liability company that is controlled by or affiliated with Owner or the Authority, or (c) a nonprofit public benefit corporation controlled by or affiliated with Owner or the Authority. 10.2 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term. 11. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Property or any part thereof or interest therein. Any successor -in -interest to Owner, including without limitation any purchaser, transferee or lessee of the Property shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or any part thereof, shall 11 Item 10: Staff Report Pg. 53 Packet Pg. 285 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. 12. Recordation. This Agreement shall be recorded against the Property in the Official Records of Santa Clara County. 13. Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Property, and the purchaser at any trustee's sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. 14. Default and Remedies. Owner's default in the performance of any term, provision or covenant under this Agreement and failure to cure such default within ninety (90) days following receipt of notice of default to Owner, or if the nature of any such non -monetary default is such that it cannot be cured within ninety (90) days, Owner's failure to commence to cure the default within ninety (90) days and thereafter prosecute the curing of such default with due diligence and in good faith shall constitute an Event of Default hereunder. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City or County may bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief, or pursue any other remedy allowed under law or in equity. 15. Reinvestment of Proceeds from Sale of Property. The Parties acknowledge and agree that a material consideration for the City and County to approve the financing described herein is for the proceeds of any subsequent sale of the Fee Property to be reinvested in the City to create affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will not be required to be used for affordable housing, the Parties shall cause an amount equal to: a) the amount not repaid to the City and County for any loans made by the City and County that are secured by the Fee Property, and b) at least fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date, to be reinvested in the City to create additional affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will continue to be used for affordable housing, the Parties agree that a) fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date shall be applied as a reduction to the purchase price of the Fee Property and b) the Owner shall cause to repay to the City and County any loan amount outstanding or the loan shall be assigned to the next Owner of the Fee Property. For the purposes of this paragraph, an "affiliate of the Authority" shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with Authority. For the purposes of this paragraph, 12 Item 10: Staff Report Pg. 54 Packet Pg. 286 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements "affordable housing" shall mean the Fee Property is subject to occupancy and affordability restrictions which are substantially similar, including in length and levels of affordability, to the restrictions imposed under this Agreement and to which the City and County are parties. Each Party agrees that all obligations under this Section 15 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 16. Miscellaneous. 16.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by all of the Parties. 16.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. City: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: With a copy to: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: City Attorney County: County of Santa Clara 70 W. Hedding Street, East Wing, 10th floor San Jose, CA 95110 Attention: With a copy to: 13 Item 10: Staff Report Pg. 55 Packet Pg. 287 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements County of Santa Clara Office of Supportive Housing 3180 Newberry Drive, Suite 150 San Jose, CA 95118 Attention: Owner: Poco Way HDC, Inc. c/o Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Preston Prince, Executive Director 16.3 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 16.4 Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, or principal and agent with one another. The relationship of the Parties shall not be construed as a joint venture, equity venture, partnership or any other relationship. 16.5 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 16.6 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Clara County, California or in the Federal District Court for the Northern District of California. 16.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements of the Parties with respect thereto. 16.8 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 16.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. SIGNATURES ON FOLLOWING PAGES. 14 Item 10: Staff Report Pg. 56 Packet Pg. 288 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: CITY OF PALO ALTO, a municipal corporation By: Print Name: Title: Attest: City Clerk Approved as to form: City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: IJ Me 101FTiTai Title: Approved as to form and legality: County Counsel OWNER: POCO WAY HDC INC., a California nonprofit public benefit corporation By: Preston Prince, President 15 Item 10: Staff Report Pg. 57 Packet Pg. 289 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On , before me, (Name of Notary) notary public, 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 his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) 16 Item 10: Staff Report Pg. 58 Packet Pg. 290 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On , before me (Name of Notary) notary public, 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 his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) 17 Item 10: Staff Report Pg. 59 Packet Pg. 291 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On , before me (Name of Notary) notary public, 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 his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) II Item 10: Staff Report Pg. 60 Packet Pg. 292 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Fxhihit A PROPERTY The land is situated in the County of Santa Clara, City of Palo Alto, State of California, and is described as follows: [insert legal description of Redeveloped Park parcel.] 19 Item 10: Staff Report Pg. 61 Packet Pg. 293 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Proposed 2024 Regulatory Agreement for Buena Vista Apartments Item 10: Staff Report Pg. 62 Packet Pg. 294 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Santa Clara San Jose, CA 95110 Attention: EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder's use. APN: AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Apartments) by and among POCO WAY HDC, INC., THE CITY OF PALO ALTO, and THE COUNTY OF SANTA CLARA 4879-7733-6990 v9 Item 10: Staff Report Pg. 63 Packet Pg. 295 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (Apartments) (this "Agreement") is entered into effective as of , 2024 ("Effective Date") by and among Poco Way HDC, Inc., a California nonprofit public benefit corporation ("Owner"), the City of Palo Alto, a chartered city and municipal corporation ("City"), and the County of Santa Clara, a political subdivision of the State of California ("County"). The City, the County, and the Owner are collectively referred to herein as the "Parties." RFrITAI R A. Owner is the owner of the real property located at El Camino Real and Los Robles Road in the City of Palo Alto, Santa Clara County, California, commonly known as the Buena Vista Mobile Home Park, known as Assessor's Parcel Nos. 137-12-001, 137-11-102 (ptn), 137-11-071 (ptn) (the "Park"). The property comprising the Park has been subdivided to create two parcels. The subject of this Agreement is the parcel described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). The adjacent second parcel is referred to herein as the "Park Parcel". Owner intends to redevelop the Property and construct thereon a sixty-one (61) unit multifamily residential rental project consisting of sixty (60) affordable apartments and one unrestricted manager's unit, with related improvements (the "Apartment Project"). Owner intends to upgrade the Park Parcel and continue its use as an affordable mobilehome park. B. The City, the County, and Santa Clara County Housing Authority, a public body corporate and politic ("Authority") each contributed certain funds to finance the acquisition and improvement of the Property and the adjacent property (the "Financing"). In consideration for the Financing, the Parties have agreed that Property will be owned, operated and maintained subject to a recorded restriction that requires Owner and its successors in interest to use the Property as an affordable housing resource, to enhance the habitability of the Property, and to avoid displacement of the persons who currently reside at the Property. C. The purpose of this Agreement is to satisfy the foregoing requirements, the requirements of Notice PIH-2011-45 (HA) published by the U.S. Department of Housing and Urban Development ("HUD") that apply to housing authorities participating in the Moving to Work demonstration program, and those additional conditions required by the City and County in connection with the Financing. D. This Agreement replaces and supersedes in its entirety that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated as of September 29, 2017, executed by and among the City, the County, and the Authority, and recorded in the Official Records of Santa Clara County on September 29, 2017 (the "Original Acquisition Date") as Instrument No, 23766007. E. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner's successors and assigns for the full term of this Agreement. E Item 10: Staff Report Pg. 64 Packet Pg. 296 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties incorporate the above Recitals into the Agreement and hereby agree as follows. 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement. "Actual Household Size" means the actual number of persons in the applicable household. "Adjusted for Family Size Appropriate for the Unit" shall be determined consistent with the Santa Clara County Housing Authority's Housing Quality Standards (HQS) and 24 CFR 982.401 (i.e., assumed household size of two (2) persons per bedroom). "Affordable Rent" means the following amounts, less a utility allowance and other fees and charges required to be paid by tenants on a non -optional basis: (i) for Dwelling Units occupied or reserved for occupancy by households with incomes of not more than thirty (30%) of AMI ("30% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (ii) for Dwelling Units occupied or reserved for occupancy by households with incomes of greater than 30% AMI, but not more than fifty percent (50%) of AMI ("50% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (iii) for Dwelling Units occupied or reserved for occupancy by households with incomes of greater than 50% AMI, but not more than eighty percent (80%) of AMI ("80% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of eighty percent (80%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit; and (iv) for Dwelling Units occupied or reserved for occupancy by households with incomes of greater than 80% AMI, but not more than one hundred twenty percent (120%) of AMI ("120% Units"), a monthly rent that does not exceed one - twelfth of thirty percent (30%) of one hundred twenty percent (120%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. "Applicable Law" means all local, State, and federal laws, rules and regulations that apply to the Property or the Apartment Project, including without limitation all laws, rules and regulations that apply pursuant to financing provided for development or operation of the Property or the Apartment Project. "Area Median Income" or "AMI" means the median income for Santa Clara County, California, adjusted for Actual Household Size, as determined by the U.S. 3 Item 10: Staff Report Pg. 65 Packet Pg. 297 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Department of Housing and Urban Development ("HUD") pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development ("HCD") in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). "Authority" means the Santa Clara County Housing Authority, a public body corporate and politic. "Dwelling Unit" means each of the residential apartments developed on the Property. "Eligible Household" means a household whose Gross Household Income at initial occupancy does not exceed eighty percent (80%) of Area Median Income. "Existing Residents" means households that were lawfully residing in the Park as of the Effective Date. "Fiscal Year" means the reporting period commending on January 1 and ending on December 31 of any year. "Government Code" means the Government Code of the State of California. "Gross Household Income" means the total anticipated annual income of all persons in a household, as calculated in accordance with Section 6914 of Title 25 of the California Code of Regulations as such Section may be revised from time to time, or pursuant to a successor State or federal housing regulation that utilizes a reasonably similar method of calculation of household income. "Income Certification" is defined in Section 2. "Rent" means the total of monthly payments payable by a Resident Household for the use and occupancy of a Dwelling Unit. "Resident Household" means a household that resides in a Restricted Unit. "Restricted Units" means the sixty (60) Dwelling Units in the Apartment Project that are subject to rent and income eligibility restrictions pursuant to this Agreement. "Term" is defined in Section 2.1. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that throughout the Term, the Property shall be used solely for the operation of affordable housing in compliance with the requirements set forth in this Agreement. 2.1 Affordability Requirements. For a term of seventy-five (75) years commencing upon the Effective Date (the "Term"), subject to Sections 2.4 and 2.8, all Item 10: Staff Report Pg. 66 Packet Pg. 298 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Restricted Units shall be restricted for occupancy at Affordable Rents by Eligible Households. When Dwelling Units becomes vacant, they shall be rented to Eligible Households to satisfy the following distribution among affordability levels: (a) no less than 24 Dwelling Units (40% of the Restricted Units) shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than thirty (30%) of AMI adjusted for Actual Household Size, (b) no less than 24 additional Dwelling Units (40% of the Restricted Units) shall occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than fifty (50%) of AMI adjusted for Actual Household Size, and (c) the remainder of the Restricted Units shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than eighty percent (80%) of AMI adjusted for Actual Household Size. The Parties agree to meet and confer regarding potential modifications to the requirements set forth in this Section 2.1 if Owner demonstrates that such modification is necessary to maintain the financial feasibility of the Apartment Project. City and County agree to consider such requests in good faith, and will not unreasonably deny consent if Owner demonstrates that the modification is necessary for financial feasibility. 2.2 Increases in Household Incomes; Filling of Vacancies. If, upon annual recertification of Gross Household Incomes, Owner determines that the requirements in Section 2.1 are not satisfied, Owner shall offer the next available vacant Dwelling Unit(s) to a households of the appropriate income categories until the requirements of Section 2.1 are satisfied. 2.3 Other Restrictions. Notwithstanding anything to the contrary contained in this Agreement, if lenders, investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed by this Agreement, the requirements of such other lenders, investors or regulatory agencies, including without limitation, the requirements associated with tax-exempt financing, if applicable, shall prevail. In addition, notwithstanding any contrary provision of this Agreement, the rent and household income limitations applicable to the use of federal low-income housing tax credits shall prevail over any inconsistent provision of this Agreement if federal low-income housing tax credits are used to finance the Apartment Project. 2.4 Existing Residents. Notwithstanding anything to the contrary contained in this Agreement, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income shall be permitted to rent or lease a Dwelling Unit at an Affordable Rent until: (a) the household voluntarily vacates the Dwelling Unit, or (b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law. Furthermore, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Dwelling Unit until: (a) the household voluntarily vacates the Dwelling Unit, or (b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law; provided however, upon 5 Item 10: Staff Report Pg. 67 Packet Pg. 299 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements written notice in accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent; provided however, in no event shall any annual rent increase exceed ten percent (10%) over the rent charged to such household in the immediately preceding twelve (12) month period. 2.5 Income and Occupancy Certification. Owner or Owner's authorized agent shall obtain from each Resident Household prior to initial occupancy of a Restricted Unit, and annually thereafter, a completed Income and Occupancy Certification ("Income Certification") setting forth the identity of each household member and the total Household Gross Income. 2.6 Annual Income and Occupancy Certification Requirement. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to annually provide an Income Certification to Owner, and that failure and/or refusal to provide such Income Certification will be considered a breach of the lease or rental agreement, and may result in the loss of the right to occupy a Dwelling Unit. 2.7 Verification of Income and Occupancy Certification. For the initial and the annual Income Certification, Owner shall verify each Resident Household's income by requesting and reviewing such verification and documentation as Owner may reasonably require, which may include: (i) pay stubs for the most recent four (4) consecutive pay periods; (ii) if self-employed, Tax Form 1040, including Schedule C and other attachments from the prior year, (iii) an income verification form from the Social Security Administration and/or the California Department of Social Services if Resident Household members receives assistance from either of such agencies; (iv) history of the last 12 months of child support payments, if any, (v) if anyone in the Resident Household is unemployed, a form of independent verification; and (vi) the most recent of any and all bank account statements and/or any other financial account statements. 2.8 Increased Income of Household After Recertification. (a) If the Gross Household Income of a Resident Household is determined to have increased to be more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Dwelling Unit at Affordable Rent until: a) the household voluntarily vacates the Dwelling Unit, or b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law. (b) If the Gross Household Income of a Resident Household is determined to have increased to be more than one hundred and twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Dwelling Unit until: a) the household voluntarily vacates the Dwelling Unit, or b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law; provided however, upon written notice in 6 Item 10: Staff Report Pg. 68 Packet Pg. 300 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.9 Notice of Rent Increase or Decrease. Each Resident Household shall be provided with notice of Rent increases or decreases consistent with the requirements set forth in the lease agreement and Applicable Law. 2.10 Managers' Units. One (1) Dwelling Unit may be used as a resident manager's unit, and shall be exempt from the occupancy and rent restrictions set forth in this Agreement. 3. Occupancy Requirements. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to occupy their Dwelling Unit as their principal place of residence, and shall not be permitted to sublease their Dwelling Unit . 4. Construction of Improvements. Owner shall obtain all necessary permits and approvals for development of the Property and construction of the Apartment Project, as required by Applicable Law, local zoning, and other applicable regulations. City maintains and reserves full authority and discretion under State and local law in the processing of entitlements and permit applications. 5. Relocation. Persons residing on the Property as of the Effective Date shall not be displaced before suitable replacement housing is available. Owner or Owner's agent shall be solely responsible for ensuring that all such persons receive all notices, benefits and assistance to which they are entitled in accordance with California Relocation Assistance Law (Government Code Section 7260 et seq.); Government Code sections 65863.7 and 65863.8; the State and local regulations implementing such laws, and all other applicable local, State and federal laws, regulations and policies, including but not limited to the Uniform Relocation Act (42 U.S.C. §4601 et seq.) and implementing regulations (collectively "Relocation Laws") relating to the displacement and relocation of eligible persons as defined in such Relocation Laws. All costs incurred in connection with the temporary and/or permanent displacement and/or relocation of occupants of the Property, including without limitation payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to Relocation Laws shall be paid by Owner. County and City shall have no responsibility for payment therefor. 6. Owner's Reporting Obligations to the City and County. 6.1 Annual Report. Within sixty (60) days following the close of each Fiscal Year, Owner shall submit to the City and the County a report ("Annual Report") that includes the following information for each Restricted Unit: (a) the unit number, (b) the number of bedrooms in the Dwelling Unit, (c) the affordability category for the Dwelling Unit, (d) the number of persons occupying the Dwelling Unit, (e) the Gross Household Item 10: Staff Report Pg. 69 Packet Pg. 301 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Income of the Resident Household, (f) the lease commencement date, (g) the current rent, utility, and other charges payable for the Dwelling Unit, and (h) the projected rent increase (if any) for the Dwelling Unit. To satisfy the requirement to provide an Annual Report, Owner may provide copies of forms submitted to the California Tax Credit Allocation Committee, the State Department of Housing and Community Development, or other California governmental agencies. In addition to the above, the Annual Report shall state the date the occupancy commenced, the initial rental rate, and such other information as the City or the County may be required by law to obtain. 6.2 Financial Audit. The Owner is responsible for obtaining a financial audit annually and shall provide the same to the City and County within one -hundred twenty (120) after the end of the Fiscal Year. 6.3 Additional Information. The Owner shall provide any additional information reasonably requested by the City or County. The City or County shall have right to examine and make copies of all books, records or other documents of the Owner pertaining to the Property. 6.4 Retention and Inspection of Documents. (a) Owner shall maintain complete, accurate and current records pertaining to the Dwelling Units, the Apartment Project, and the Property, including copies of Income Certifications and Rent calculations for all Resident Households, and financial, management and maintenance records for the Apartment Project and the Property. Records shall be maintained for at least five (5) years from the date of their creation. (b) Owner shall permit duly authorized representatives of the City and County to inspect Property records, including, without limitation, records pertaining to household income and household size of Resident Households; provided however, confidential and sensitive information relating to any Resident Household (such as account numbers, social security numbers, driver's license numbers) may be redacted or marked out to protect the confidentiality of such information. (c) The City or County or any duly authorized representative thereof shall have the right to review and request copies of documents. In either the City or County's discretion, it shall have the right to audit such records, to determine the Owner's compliance with the requirements of this Agreement. 7. Operation of the Property. 7.1 Residential Use. The Property shall be operated only for residential use; however, this restriction shall not prohibit the operation of community, recreational, educational, or similar facilities that are open to the public, provided that these uses are consistent with applicable zoning, subject to any use restrictions that may apply pursuant to Apartment Project financing. Item 10: Staff Report Pg. 70 Packet Pg. 302 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements 7.2 Non -Discrimination: Compliance with Fair Housina Laws. 7.2.1 Fair Housing. Owner and Owner's agent shall comply with state and federal fair housing laws in the marketing and rental of the Dwelling Units. Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 7.2.2 Non -Discrimination. Neither Owner nor Owner's agent shall restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. 8. Property Management and Maintenance 8.1 Management Responsibilities. The Owner and Owner's agent shall be responsible for all management functions with respect to the Property including, but not limited to, the selection of Resident Households, certification of household income and size, certification of the ages of all household members, evictions, collection of rents and deposits, payment for operating and other expenses, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, security and management of household relocation, if required. The Owner shall retain a professional property management company to perform its management duties hereunder. City and County hereby approve John Stewart Company as the property manager, and subject to the rights of senior lenders and investors, City and County shall have the right to review and approve any subsequent property manager, which approval shall not be unreasonably withheld or delayed. A resident manager shall also be retained, if required by law or by Owner. 8.2 Performance Review. The City and County reserve the right to conduct jointly or separately an annual (or more frequently, if deemed reasonably necessary by the City or County) review of the management practices and financial status of the Property. The purpose of the performance review will be to enable the City and County to determine if the Property is being operated and managed in accordance with the 9 Item 10: Staff Report Pg. 71 Packet Pg. 303 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements requirements and standards of this Agreement. The Owner shall cooperate with the City and County in such reviews. 9. Indemnification In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Owner, County and City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties thereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authorized or delegated to such other Parties under this Agreement. Notwithstanding the foregoing, the Owner, and its assigns, shall indemnify, defend, and hold harmless the County and City, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, the relocation of residents of the Property, the construction of improvements on the Property, and the operation or maintenance of the Apartment Project and the Property, excepting only loss, injury or damage caused by the negligence or willful misconduct of the County or the City. The Owner, and its assigns, shall reimburse the County and City for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Owner is obligated to indemnify, defend and hold harmless the County and City under this Agreement. Each Party agrees that all obligations under this Section 9 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 10. Bindina on Successors. 10.1 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full Term regardless of any sale, assignment, transfer, or conveyance of the Property or any part thereof or interest therein. The Parties acknowledge that Owner may transfer the Property to (a) the Authority or to an entity affiliated with the Authority, (b) a limited partnership whose general partner is Owner, or another nonprofit public benefit corporation or limited liability company that is controlled by or affiliated with Owner or the Authority, or (c) a nonprofit public benefit corporation controlled by or affiliated with Owner or the Authority. 10 Item 10: Staff Report Pg. 72 Packet Pg. 304 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements 10.2 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term. 11. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Property or any part thereof or interest therein. Any successor -in -interest to Owner, including without limitation any purchaser, transferee or lessee of the Property shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. 12. Recordation. This Agreement shall be recorded against the Property in the Official Records of Santa Clara County. 13. Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Property, and the purchaser at any trustee's sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. 14. Default and Remedies. Owner's default in the performance of any term, provision or covenant under this Agreement and failure to cure such default within ninety (90) days following receipt of notice of default to Owner, or if the nature of any such non -monetary default is such that it cannot be cured within ninety (90) days, Owner's failure to commence to cure the default within ninety (90) days and thereafter prosecute the curing of such default with due diligence and in good faith shall constitute an Event of Default hereunder. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City or County may bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief, or pursue any other remedy allowed under law or in equity. 15. Reinvestment of Proceeds from Sale of Property. The Parties acknowledge and agree that a material consideration for the City and County to approve the financing described herein is for the proceeds of any subsequent sale of the Fee 11 Item 10: Staff Report Pg. 73 Packet Pg. 305 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Property to be reinvested in the City to create affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will not be required to be used for affordable housing, the Parties shall cause an amount equal to: a) the amount not repaid to the City and County for any loans made by the City and County that are secured by the Fee Property, and b) at least fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date, to be reinvested in the City to create additional affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will continue to be used for affordable housing, the Parties agree that a) fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date shall be applied as a reduction to the purchase price of the Fee Property and b) the Owner shall cause to repay to the City and County any loan amount outstanding or the loan shall be assigned to the next Owner of the Fee Property. For the purposes of this paragraph, an "affiliate of the Authority" shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with Authority. For the purposes of this paragraph, "affordable housing" shall mean the Fee Property is subject to occupancy and affordability restrictions which are substantially similar, including in length and levels of affordability, to the restrictions imposed under this Agreement and to which the City and County are parties. Each Party agrees that all obligations under this Section 15 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 16. Miscellaneous. 16.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by all of the Parties. 16.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. City: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 12 Item 10: Staff Report Pg. 74 Packet Pg. 306 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Attention: With a copy to: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: City Attorney County: County of Santa Clara 70 W. Hedding Street, East Wing, 10th floor San Jose, CA 95110 Attention: With a copy to: County of Santa Clara Office of Supportive Housing 3180 Newberry Drive, Suite 150 San Jose, CA 95118 Attention: Owner: Poco Way HDC, Inc. c/o Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Preston Prince, Executive Director 16.3 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 16.4 Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, or principal and agent with one another. The relationship of the Parties shall not be construed as a joint venture, equity venture, partnership or any other relationship. 16.5 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 16.6 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Clara County, California or in the Federal District Court for the Northern District of California. 13 Item 10: Staff Report Pg. 75 Packet Pg. 307 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements 16.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements of the Parties with respect thereto. 16.8 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 16.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 14 Item 10: Staff Report Pg. 76 Packet Pg. 308 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: CITY OF PALO ALTO, a municipal corporation By: Print Name: Title: Attest: City Clerk Approved as to form: City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: IJ Me 101FTiTai Title: Approved as to form and legality: County Counsel OWNER: POCO WAY HDC INC., a California nonprofit public benefit corporation By: Preston Prince, President 15 Item 10: Staff Report Pg. 77 Packet Pg. 309 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On , before me, (Name of Notary) notary public, 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 his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) 16 Item 10: Staff Report Pg. 78 Packet Pg. 310 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On , before me (Name of Notary) notary public, 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 his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) 17 Item 10: Staff Report Pg. 79 Packet Pg. 311 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On , before me (Name of Notary) notary public, 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 his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) II Item 10: Staff Report Pg. 80 Packet Pg. 312 of 692 Item 10 Attachment C: Proposed 2024 Regulatory Agreements Fxhihit A PROPERTY The land is situated in the County of Santa Clara, City of Palo Alto, State of California, and is described as follows: [insert legal description of Apartment Project parcel.] 19 Item 10: Staff Report Pg. 81 Packet Pg. 313 of 692 lk FIRST AMERICAN TITLE COMPANY ESCROW NO:___________ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 55110 Attention: Executive Director EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 - Item 10 23766007 Attachment D: Existing 2017 Regulatory Regina Alcomendras Santa Clara County - Clerk -R Agreement 09/29/2017 03:39 PM Titles: 2 Pages: 25 Fees: $0.00 Taxes: $0.00 Total: $0.00 1111 I E'1XI� 'tl� >�IRI h0zl � 4 'Y�� MI II I use. APNs: 137-12-001, 137-11-102(ptn), 137-11-071(ptn) AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS by and among THE SANTA CLARA COUNTY HOUSING AUTHORITY, THE CITY OF PALO ALTO, and THE COUNTY OF SANTA CLARA Non -Order Search Item 10: Staff Report Pg. 82 Packet Pg. 314 of 692 d: 1 0131201 7 2:27 PM Doc: CASCLR:23766007 DOC1 Item 10 of 25 Attachment D: Existing 2017 Regulatory Agreement This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this "Agreement") is entered into effective as of Sept. 29 , 2017 ("Effective Date") by and among the Santa Clara County Housing Authority, a public body, corporate and politic ("Owner"), the City of Palo Alto, a chartered city and municipal corporation ("City"), and the County of Santa Clara, a political subdivision of the State of California ("County"). The City, the County, and the Owner are collectively referred to herein as the "Parties." RECITALS A. Owner is, or as of the Effective Date shall be the owner of the real property located at El Camino Real and Los Robles Road in the City of Palo Alto, Santa Clara County, California, commonly known as the Buena Vista Mobile Home Park ("Park"), known as Assessor's Parcel Nos. 137-12-001, 137-11-102(ptn), 137-11- 071 (ptn), and more particularly described in Exhibit A attached hereto (the "Fee Property"). In addition, for a three-year term commencing on the Effective Date, Owner will hold a leasehold interest in certain property located immediately adjacent to the Fee Property (the "Leased Property") pursuant to a lease dated as of the Effective Date and executed by and between Owner and Toufic Jisser, as Trustee of the Toufic and Eva Jisser Revocable Trust, Dated October 16, 2000 (the "Lease"). A Memorandum of the Lease will be recorded in the Official Records of Santa Clara County substantially concurrently herewith. The Buena Vista Mobile Home Park is one of the few existing sites of moderate cost housing in the City, and includes approximately 104 mobile homes, 12 studio units, and one single family home. Of these, as of the Effective Date, eight (8) mobilehomes and two (2) studio units are located on the Leased Property. Prior to the termination of the Lease, Owner or its assignee will relocate the residents occupying the units located on the Leased Property. B. The City, the County, and the Owner have each agreed to contribute certain funds to finance the acquisition and improvement of the Fee Property (the "Financing"). C. The Parties have agreed that the Fee Property will be owned, operated and maintained subject to a recorded restriction that requires Owner and its successors in interest to use the Fee Property as an affordable housing resource, to enhance the habitability of the Property, and to avoid displacement of the persons who currently reside at the Property. The Parties further agree that for so long as Owner or Owner's assignee holds a leasehold interest in the Leased Property, the Leased Property will be subject to the affordability requirements and covenants set forth in this Agreement; provided however, this Agreement will be recorded against the Fee Property only. As used in this Agreement, the term "Property" shall collectively mean the Fee Property and the Leased Property for so long as Owner or its assignee hold a leasehold interest in the Leased Property. Commencing upon the termination of the Lease, the term "Property" shall mean only the Fee Property. D. The purpose of this Agreement is to satisfy the foregoing requirements, the requirements of Notice PIH-2011-45 (HA) published by the U.S. Department of 2 Non -Order Search Item 10: Staff Report Pg. 83 Packet Pg. 315 of 692 d: 10!312017 2:27 PM Doc: CASCLR:23766007 DOC1 Item 10 of 25 Attachment D: Existing 2017 Regulatory Agreement Housing and Urban Development ("HUD") that apply to housing authorities participating in the Moving to Work demonstration program, and those additional conditions required by the City and County in connection with the Financing. E. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner's successors and assigns for the full term of this Agreement. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties incorporate the above Recitals into the Agreement and hereby agree as follows. 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement. "Actual Household Size" means the actual number of persons in the applicable household. "Adjusted for Family Size Appropriate for the Unit" shall be determined consistent with the Santa Clara County Housing Authority's Housing Quality Standards (HQS) and 24 CFR 982.401 (i.e, assumed household size of two (2) persons per bedroom). "Affordable Rent" means the following amounts, less a utility allowance and other fees and charges required to be paid by Resident Households on a non -optional basis: Beginning on the Effective Date of this Agreement and continuing for thirty-six (36) months thereafter: the Base Rent. Subject to Section 2.2 below, beginning with the thirty-seventh (37th) month after the Effective Date and continuing throughout the remaining Term of this Agreement, Affordable Rent will be defined to mean the following amounts, less a utility allowance and other fees and charges required to be paid by Resident Households on a non -optional basis: (1) for Dwelling Units and MobilehomeslMobilehome Spaces occupied by households with incomes of not more than thirty (30%) of AMI ("30% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (ii) for Dwelling Units and Mobilehomes/Mobilehome Spaces occupied by households with incomes of greater than 30% AMI, but not more than fifty percent (50%) of AMI ("50% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, 3 Non -Order Search Item 10: Staff Report Pg. 84 Packet Pg. 316 of 692 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 of 25 Attachment D: Existing 2017 Regulatory Agreement (ill) for Dwelling Units and MobilehomeslMobilehome Spaces occupied by households with incomes of greater than 50% AMI, but not more than eighty percent (80%) of AMI ("80% Units"), a monthly rent that does not exceed one - twelfth of thirty percent (30%) of sixty percent (60%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit; and (iv) for Dwelling Units and MobilehomeslMobilehome Spaces occupied by households with incomes of greater than 80% AMI, but not more than one hundred twenty percent (120%) of AMI ("120% Units"), a monthly rent that does not exceed one -twelfth of thirty percent (30%) of one hundred ten percent (110%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. For Resident Households who own and occupy a Mobilehome for which the Resident Household is making Mortgage Payments, the following charges will also be deducted in determining Affordable Rent: Mortgage Payments and property taxes, assessments, and insurance premiums payable by the Resident Household for the Mobilehome. "Area Median Income" or "AMI" means the median income for Santa Clara County, California, adjusted for Actual Household Size, as determined by the U.S. Department of Housing and Urban Development ("HUD") pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development ("HCD") in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). "Authority" means the Santa Clara County Housing Authority, a public body corporate and politic. "Base Rent" means the monthly rent payable by a Resident Household as of the Effective Date for the rental of a Dwelling Unit, a Mobilehome Space, or both a Mobilehome and Mobilehome Space, as applicable. "Dwelling Unit" means (i) the twelve (12) apartments and one (1) single family home, and any future replacement or other apartments or stick built homes, and (ii) any Mobilehome that is rented by a Resident Household from Owner, Owner's Agent, or the Authority. "Eligible Household" means a household whose Gross Income does not exceed eighty percent (80%) of Area Median Income. "Existing Residents" means Resident Households who reside on the Property as of the Effective Date. "Fiscal Year" means the reporting period commending on January 1 and ending on December 31 of any year. "Government Code" means the Government Code of the State of California. 4 Non -Order Search Item 10: Staff Report Pg. 85 Packet Pg. 317 of 692 d: 1 0131201 7 2:27 PM Doc: CASCLR:23766007 DOC1 Item 10 of 25 Attachment D: Existing 2017 Regulatory Agreement "Gross Household income" means the total anticipated annual income of all persons in a household, as calculated in accordance with Section 6914 of Title 25 of the California Code of Regulations as such Section may be revised from time to time, or pursuant to a successor State or federal housing regulation that utilizes a reasonably similar method of calculation of household income. "Income and Occupancy Certification" shall mean the initial and/or annual income certification documentation required pursuant to Section 2 of this Agreement. "Manufactured Home" means a structure located on the Property that was constructed on or after June 15, 1976 and in compliance with the criteria set forth in California Health and Safety Code section 18007. "Mobilehome" means a mobilehome located on the Property that was constructed prior to June 15, 1976 and in compliance with the criteria set forth in California Health and Safety Code section 18008 or a Manufactured Home. "Mobilehome Space" means a space located on the Property upon which a Mobilehome is placed. "Mortgage Payment" means the monthly principal, interest, and mortgage insurance premiums (if any) payable by a Resident Household for a mortgage payable to a commercial financial institution and secured by the Resident Household's Mobilehome located on the Property as of the Effective Date. To qualify as a Mortgage Payment, any new or additional mortgage, including any refinancing of an existing mortgage must be approved by Owner or Owner's agent. "MPA" means the Mobilehome Park Act, California Health and Safety Code sections 18200 et seq. and related regulations, as amended or its successor. "MRL" means the Mobilehome Residency Law, California Civil Code sections 798 et seq, and related regulations, as amended or its successor. "New Resident" means a Resident Household first residing on the Property after the Effective Date. "Owner Mobilehome" means any Mobilehome owned by the Owner or Owner's Agent, located on the Property, and rented to a Resident Household. "Rent" means the total of monthly payments payable by a Resident Household for the use and occupancy of a Dwelling Unit and/or a Mobilehome Space. "Resident Household" means a household, including Existing Residents, that resides in a Mobilehome or a Dwelling Unit located in the Park. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that the Property shall be used solely for the operation of affordable housing in compliance with the requirements set forth herein. 5 Non -Order Search Item 10: Staff Report Pg. 86 Packet Pg. 318 of 692 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOCKItem 10 of 25 Attachment D: Existing 2017 Regulatory Agreement 2.1 Affordability Requirements. For a term of seventy-five (75) years commencing upon the Effective Date, all of the Dwelling Units and Mobilehome Spaces located on the Property (with the exception of those designated for property managers) shall be restricted for occupancy at Affordable Rents by Eligible Households. At all times during the term of this Agreement and subject to Section 2.2 below, when a Dwelling Unit or Mobilehome Space becomes vacant, such Dwelling Unit or Mobilehome Space shall be made available to, rented and occupied by households to satisfy the following: (a) no less than 40% of the total number of Dwelling Units and Mobilehome Spaces (with the exception of those designated for property managers) shall be made available to, rented and occupied by households with incomes of not more than thirty (30%) of AMI, (b) no less than 40% of the total number of Dwelling Units and Mobilehome Spaces (with the exception of those designated for property managers) shall be made available to, rented and occupied by households with incomes of not more than fifty (50%) of AMI, and (c) the remainder of the Dwelling Units and Mobilehome Spaces (with the exception of those designated for property managers) shall be made available to, rented and occupied by households with incomes of not more than eighty percent (80%) of AMI. The Parties agree to meet and confer regarding potential modifications to the requirements set forth in this Section 2.1 if Owner demonstrates that such modification is necessary to maintain the financial feasibility of the Property. City and County agree to consider such requests in good faith and will not unreasonably deny consent if Owner demonstrates that the modification is necessary for financial feasibility. Under no circumstances shall the affordability requirements exceed 80% of AMI. 2.2 Continuation of Base Rent. Notwithstanding any contrary provision of this Agreement, Owner may extend the time that it will charge Base Rent for the Dwelling Units and Mobilehome Spaces located on the Property, beyond the first 36 months following the Effective Date, for up to two additional years if required to maintain the financial feasibility of the Property. Owner shall provide written notice of its intention to exercise this option to the City and County no later than the 30th month following the Effective Date. 2.3 Increases in Household Incomes, Filling of Vacancies. If, upon annual recertification of Gross Household Incomes, Owner determines that the percentage requirements in Section 2.1 above have not been satisfied on a Property -wide basis, Owner shall offer the next available vacant Dwelling Unit or Mobilehome Space to a household in the appropriate income category until the requirements of Section 2.1 are satisfied. 2.4 Other Restrictions. Notwithstanding anything to the contrary contained in this Agreement, if lenders, investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed by this Agreement, the requirements of such other lenders, investors or regulatory agencies, including without limitation, the requirements associated with tax-exempt financing, if applicable, shall prevail. 6 Non -Order Search Item 10: Staff Report Pg. 87 Packet Pg. 319 of 692 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC1 Item 10 1 of 25 Attachment D: Existing 2017 Regulatory Agreement 2.5 Existing Residents. Notwithstanding anything to the contrary contained herein, Existing Residents who do not qualify as an Eligible Household as of the Effective Date because their Gross Household Income is more than eighty percent (80%) but less than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space at an Affordable Rent until: a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, as applicable, or b) the tenancy is terminated consistent with the requirements of the MRL. Furthermore, Existing Residents who do not qualify as an Eligible Household as of the Effective Date because their Gross Household Income is equal to or more than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space until: (a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, as applicable, or (b) the tenancy is terminated consistent with the requirements of the MRL; provided however, upon written notice in accordance with Section 2.12 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.6 Initial Income and Occupancy Certification. Prior to or immediately after the Effective Date, all Resident Households shall provide to Owner, within the timeframe specified by Owner, an initial Income and Occupancy Certification. All New Residents must provide a completed Income and Occupancy Certification to Owner to enable Owner to determine whether the applicant household is an Eligible Household. All New Residents must be Eligible Households. 2.7 Annual Income and Occupancy Certification Requirement. Each Resident Household shall be required to provide an Income and Occupancy Certification annually while residing at the Property. 2.8 Failure to Comply with Initial or Annual Income and Occupancy Certification. A Resident Household's failure and/or refusal to provide an initial or annual Income and Occupancy Certification will be considered a breach of such household's lease or rental agreement, and may result in the loss of the right to occupancy within the Property. 2.9 Income and Occupancy Certification. Each Resident Household shall provide an initial and an annual Income and Occupancy Certification that at a minimum contains the information and documentation described in this Section for each household member over the age of eighteen years old residing on the Property. For the initial and the annual Income and Occupancy Certification, Owner shall verify each Resident Household's income by requesting and reviewing the following: (1) pay stubs for the most recent four (4) consecutive pay periods; (ii) if self-employed, Tax Form 1040, including Schedule C and other attachments from the prior year, (iii) an income verification form from the Social Security Administration and/or the California Department of Social Services if Resident Household members receives assistance from either of such agencies; (iv) history of the last 12 months of child support payments, if any, (v) if anyone in the Resident Household is unemployed, a form of independent verification; (vi) the most recent of any and all bank account statements 7 Non -Order Search Item 10: Staff Report Pg. 88 Packet Pg. 320 of 692 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC1 Item 10 of 25 Attachment D: Existing 2017 Regulatory Agreement and/or any other financial account statements; and (vii) other verification and documentation as required by the Owner. 2.10 Increased Income of Household After Recertification. (a) If the Gross Household Income of a Resident Household is determined to have increased to be more than eighty percent (80%) but less than one hundred twenty percent (120%) of Area Median Income, such household shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space on the Property at Affordable Rent until: a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, or b) the tenancy is terminated consistent with the requirements of the MRL. (b) If the Gross Household Income of a Resident Household is determined to have increased to be equal to or more than one hundred and twenty percent (120%) of Area Median Income, such household shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space on the Property until: a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, or b) the tenancy is terminated consistent with the requirements of the lease agreement or MRL, whichever is applicable; provided however, upon written notice in accordance with Section 2.12 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.11 Determination of Rental Amounts. The Owner shall determine the Rent payable by each Resident Household. Upon determination of the rental amounts, the Owner shall provide the calculations and the amounts for each household to the City and County for its review. The City and County shall have thirty (30) days to review the rental amounts and either, in writing, object to the amounts or question the amounts. All Parties agree to resolve any issues related to the rental amounts as expeditiously as possible. 2.12 Notice of Rent Increase or Decrease. Each Resident Household shall be provided with notice of Rent increases or decreases consistent with the requirements set forth in the MRL, the Palo Alto Municipal Code, and any other applicable State or local requirements. 2.13 Managers' Units. Up to two (2) Dwelling Units or Mobilehome Spaces on the Property may be used for resident managers, and shall be exempt from the occupancy and rent restrictions set forth in this Agreement. 3. Owner Occupancy Requirements for Resident Households. All Resident Households shall be required to occupy their Dwelling Unit or Mobilehome as their principal place of residence, and shall not be permitted to rent -out or sublease their Mobilehome or Dwelling Unit, except as permitted under the MRL. All New Residents shall be required to sign a certificate stating their intent to occupy their Dwelling Unit or Mobilehome as their principal place of residence prior to execution of a rental or lease agreement. Notwithstanding anything contained to the contrary herein, Existing Non -Order Search Item 10: Staff Report Pg. 89 Packet Pg. 321 of 692 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC1 Item 10 of 25 Attachment D: Existing 2017 Regulatory Agreement Residents that reside in Mobilehomes that they do not own and that are not Owner Mobilehomes as of the Effective Date, shall be permitted to continue in occupancy of such Mobilehome pursuant to their existing agreement with the owner of the Mobilehome. 4. Rehabilitation or Construction of Improvements to Property. Owner shall invest or cause to be invested at least $10 million in rehabilitation or construction of improvements to the Property within 36 months of the Effective Date of this Agreement; provided however, this deadline may be extended by an additional 36 months upon written consent of the City and County if Owner reasonably demonstrates that delay is necessary due to site conditions or other constraints. Owner shall maintain a minimum of 100 residential units or Mobilehome Spaces on the Property that will be available for occupancy by Eligible Households at Affordable Rents. Any proposal to replace more than 12 Mobilehome Spaces on the Property with any permanent built structure after the Effective Date shall be reviewed and approved by the City and County prior to the filing of any permit application. 4.1 Owner shall obtain all necessary permits and approvals for rehabilitation or construction or improvements to the Property, as required by federal and state law, and local zoning and other applicable regulations. City maintains and reserves full authority and discretion under state and local law in the processing of entitlements and permit applications. 5. Relocation. 5.1 Due to the physical condition of the Property, including without limitation, common area improvements, the Dwelling Units, and Mobilehomes, it is anticipated that repairs, replacements, maintenance and improvements will be required. The impact of the improvements on the ability of Resident Households to remain on the Property is not known as of the Effective Date but may require the relocation of Resident Households for varying periods of time. 5,2 Persons residing on the Property as of the Effective Date shall not be displaced before suitable replacement housing is available. Owner or Owner's agent shall be solely responsible for ensuring that all such persons receive all notices, benefits and assistance to which they are entitled in accordance with California Relocation Assistance Law (Government Code Section 7260 et seq.); Government Code sections 65863.7 and 65863.8; MPA section 798.56, the state and local regulations implementing such laws, and all other applicable local, state and federal laws, regulations and policies, including but not limited to the Uniform Relocation Act (42 U.S.C. §4601 et seq.) and implementing regulations (collectively "Relocation Laws") relating to the displacement and relocation of eligible persons as defined in such Relocation Laws. All costs incurred in connection with the temporary and/or permanent displacement and/or relocation of occupants of the Property, including without limitation payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to Relocation Laws shall be paid by Owner. County and City shall have no responsibility for payment therefor. Non -Order Search Item 10: Staff Report Pg. 90 Packet Pg. 322 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 0 of 25 Attachment D: Existing 2017 Regulatory Agreement 5.3 Resident Households first residing but prior to delivery of any notice relating to benefits and assistance to which they are hereinabove. on the Property after the Effective Date displacement shall receive all notices, entitled as set forth in Section 5.2 5.4 All Resident Households shall have the right to return to the Property after any temporary relocation necessary for the repair, replacement, maintenance, or improvement of the Property. 5.5 Following the expiration or termination of this Agreement, persons residing on the Property on the date of such expiration or termination shall receive all notices, benefits and assistance to which they are entitled as set forth in Section 5.2 hereinabove. This provision shall survive the expiration or termination of this Agreement until full performance thereof. 6. Owner's Reporting Obligations to the City and County. 6.1 An Annual Report, as described below, shall be submitted to the City and the County no less than sixty (60) days prior to the close of each Fiscal Year. (a) Annual Report. The Owner shall submit to the City and the County an Annual Report which includes the following: 1) A listing of all occupied Mobilehome Spaces and Dwelling Units, the income and size of each Resident Household occupying a Mobilehome Space or Dwelling Unit, the actual rent paid and the projected rent increase for the Mobilehome Space or Dwelling Unit; 2) A listing of all Mobilehome Spaces and Dwelling Units occupied by Resident Households whose Gross Household Income is equal to or more than one hundred twenty percent (120%) of Area Median Income; 3) The initial and annual certification and recertification of each Resident Household's Gross Household Income, cost verification and rent calculations; 4) The annual primary residence occupancy verification, if separate from the income certification and recertifications; 5) List of all New Residents, the income and household size, ages and relationships of such households, and copies of the income certifications and certification that the New Residents intend to occupy the Mobilehome Space or Dwelling Unit as their principal place of residency; and 6) The report shall state, in addition to the above, the date the occupancy commenced, the initial rental rate, if a Mobilehome was purchased, then the purchase price paid by the New Resident for the Mobilehome (if said information is available) 10 Non -Order Search Item 10: Staff Report Pg. 91 Packet Pg. 323 of 692 d: 101312017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 1 of 25 Attachment D: Existing 2017 Regulatory Agreement and such other information as the City or the County may be required by law to obtain. 6.2 Financial Audit. The Owner is responsible for obtaining a financial audit annually and shall provide the same to the City and County within one -hundred twenty (120) after the end of the Fiscal Year. 6.3 Additional Information. The Owner shall provide any additional information reasonably requested by the City or County. The City or County shall have right to examine and make copies of all books, records or other documents of the Owner pertaining to the Property. 6.4 Retention and Inspection of Documents, (a) The Owner shall maintain complete, accurate and current records pertaining to the Mobilehome Spaces, Dwelling Units and the Property, and shall permit any duly authorized representative of the City or County to inspect records, including, without limitation, records pertaining to household income and household size of Resident Households; provided however, confidential and sensitive information relating to any Resident Household (such as account numbers, social security numbers, driver's license numbers) may be redacted or marked out to protect the confidentiality of such information. (b) The Owner shall also maintain records which include copies of income certificates, cost verifications and rent calculations for all Resident Households as well as all Property financial, management and maintenance records. (c) The City or County or any duly authorized representative thereof shall have the right to review and request copies of documents. In either the City or County's discretion, it shall have the right to audit such records, to determine the Owner's compliance with the requirements of this Agreement. 7. Operation of the Property. 7.1 Residential Use. The Property shall be operated only for residential use; however, this restriction shall not prohibit the operation of community, recreational, educational, or similar facilities that are open to the public, provided that these uses are consistent with applicable zoning. 7.2 Compliance with All Agreements. The Owner and Owner's agent shall comply with all the terms and provisions of this Agreement. 7.3 Non -Discrimination; Compliance with Fair Housing Laws. 7.3.1 Fair Housing. Owner and Owner's agent shall comply with state and federal fair housing laws in the marketing and rental of the Dwelling Units and Mobilehome Spaces located on the Property. Owner shall accept as tenants, on the II Non -Order Search Item 10: Staff Report Pg. 92 Packet Pg. 324 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 12 of 25 Attachment D: Existing 2017 Regulatory Agreement same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 7.3.2 Non -Discrimination. Neither Owner nor Owner's agent shall restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. 8. Property Management and Maintenance 8.1 Management Responsibilities. The Owner and Owner's agent shall be responsible for all management functions with respect to the Property including, but not limited to, the selection of Resident Households, certification of household income and size, certification of the ages of all household members, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, security and management of household relocation, if required. The Owner shall retain a professional property management company initially approved by the City and County in their reasonable discretion to perform its management duties hereunder. A resident manager shall also be retained, if required by law or by Owner. The City and the County hereby approve: (i) the grant by Owner of a leasehold interest in the Property to the Caritas Corporation, a California nonprofit public benefit corporation ("Caritas") or a wholly -controlled affiliate of Caritas, and (ii) Caritas' or such affiliate's engagement of Birtcher Anderson Realty Management, Inc., a California corporation, as a property management company for the Property. 8.2 Performance Review. The City and County reserve the right to conduct jointly or separately an annual (or more frequently, if deemed reasonably necessary by the City or County) review of the management practices and financial status of the Property. The purpose of the performance review will be to enable the City and County to determine if the Property is being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with the City and County in such reviews. 12 Non -Order Search Item 10: Staff Report Pg. 93 Packet Pg. 325 of 692 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 3 of 25 Attachment D: Existing 2017 Regulatory Agreement 9. Indemnification In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Owner, County and City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties thereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authorized or delegated to such other Parties under this Agreement. Notwithstanding the foregoing, the Owner, and its assigns, shall indemnify, defend, and hold harmless the County and City, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, the acquisition of the Property, relocation of Property tenants, temporary relocation and construction of improvements on the Property, and operation or maintenance of the Property, excepting only loss, injury or damage caused by the negligence or willful misconduct of the County and City. The Owner, and its assigns, shall reimburse the County and City for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Owner is obligated to indemnify, defend and hold harmless the County and City under this Agreement. Each Party agrees that all obligations under this Section 9 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 10. Term of Agreement. 10.1 Term of Restrictions. This Agreement shall remain in effect through Sept. 29 , 2092, which date is the 75th anniversary of the Effective Date. 10.2 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full term hereof regardless of any sale, assignment, transfer, or conveyance of the Property or any part thereof or interest therein. 10.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the 13 Non -Order Search Item 10: Staff Report Pg. 94 Packet Pg. 326 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 4 of 25 Attachment D: Existing 2017 Regulatory Agreement expiration of the term. Upon request, upon termination of the Lease, the Parties agree to execute and record a release and reconveyance of this Agreement as to the Leased Property. 11. Reinvestment of Proceeds from Sale of Property. The Parties acknowledge and agree that a material consideration for the City and County to approve the financing described herein is for the proceeds of any subsequent sale of the Fee Property to be reinvested in the City to create affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will not be required to be used for affordable housing, the Parties shall cause an amount equal to: a) the amount not repaid to the City and County for any loans made by the City and County that are secured by the Fee Property, and b) at least fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date, to be reinvested in the City to create additional affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will continue to be used for affordable housing, the Parties agree that a) fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date shall be applied as a reduction to the purchase price of the Fee Property and b) the Owner shall cause to repay to the City and County any loan amount outstanding or the loan shall be assigned to the next Owner of the Fee Property. For the purposes of this paragraph, an "affiliate of the Authority" shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with Authority. For the purposes of this paragraph, "affordable housing" shall mean the Fee Property is subject to occupancy and affordability restrictions which are substantially similar, including in length and levels of affordability, to the restrictions imposed under this Agreement and to which the City and County are parties. Each Party agrees that all obligations under this Section 11 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 12. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Fee Property to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Fee Property or any part thereof or interest therein. Any successor -in -interest to Owner, including without limitation any purchaser, transferee or lessee of the Fee Property shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Fee Property or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. Notwithstanding any contrary provision hereof, 14 Non -Order Search Item 10: Staff Report Pg. 95 Packet Pg. 327 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 5 of 25 Attachment D: Existing 2017 Regulatory Agreement the Parties each acknowledge and agree that the affordability restrictions and other covenants set forth in this Agreement shall be binding upon the Leased Parcel until the date the Lease is terminated. 13. Recordation. This Agreement shall be recorded against the Fee Property in the Official Records of Santa Clara County. 14. Mortgagee Protection, No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Fee Property, and the purchaser at any trustee's sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. 15. Default and Remedies. Owner's default in the performance of any term, provision or covenant under this Agreement and failure to cure such default within ninety (90) days following receipt of notice of default to Owner, or if the nature of any such non -monetary default is such that it cannot be cured within ninety (90) days, Owner's failure to commence to cure the default within ninety (90) days and thereafter prosecute the curing of such default with due diligence and in good faith shall constitute an Event of Default hereunder. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City or County may bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief, or pursue any other remedy allowed under law or in equity. 16. Miscellaneous. 16.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by all of the Parties. 16.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. City: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: James Keene, City Manager 15 Non -Order Search Item 10: Staff Report Pg. 96 Packet Pg. 328 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 6 of 25 Attachment D: Existing 2017 Regulatory Agreement With a copy to: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: Beth Minor, City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: Hillary Gitelman, Director of Planning and Community Environment County: County of Santa Clara 70 W. Hedding Street, East Wing, 10th floor SanJose,CA 95110 Attention: Jeff Smith, County Executive With a copy to: County of Santa Clara 70 W. Hedding Street, East Wing, 10tt' floor SanJose,CA 95110 Attention: Megan Doyle, Clerk of the Board of Supervisors County of Santa Clara Office of Supportive Housing 3180 Newberry Drive, Suite 150 San Jose, CA 95118 Attention: Ky Le, Director Owner: c/o Santa Clara County Housing Authority 505 W. Julian Street SanJose,CA 95110 Attention: Katherine Harasz, Executive Director 16.3 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 16.4 Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, or principal and agent with one another. The relationship of the Parties shall not be construed as a joint venture, equity venture, partnership or any other relationship. 16 Non -Order Search Item 10: Staff Report Pg. 97 Packet Pg. 329 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 7 of 25 Attachment D: Existing 2017 Regulatory Agreement 16.5 Headings: Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 16.6 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Clara County, California or in the Federal District Court for the Northern District of California. 16.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements of the Parties with respect thereto. 16.8 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 16.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 16.10 Assignment. The City and County agree to approve assignments of this Agreement to: (a) a limited partnership whose general partner is a nonprofit public benefit corporation or a limited liability company that is controlled by or affiliated with Owner, or (b) a nonprofit public benefit corporation controlled by or affiliated with Owner, provided the City and County shall have approved the formation documents of the transferee and the executed assignment and assumption agreements between Owner and the transferee, in the reasonable discretion of the City and County. The City and County hereby approve the assignment of all of Owner's rights and obligations under this Agreement to Poco Way HDC, Inc., a California nonprofit public benefit corporation. SIGNATURES ON FOLLOWING PAGES. 17 Non -Order Search Item 10: Staff Report Pg. 98 Packet Pg. 330 of 692 d: 101312017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 8 of 25 Attachment D: Existing 2017 Regulatory Agreement IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: CITY OF PALO ALTO, a municipal corporation SIGNED IN By: [rt11NTERPART James Keene, City Manager SIGNED IN Attest: COUNTERPART Beth Minor, City Clerk Approved as to form: SIGNED IN COUNTERPART Molly S. Stump, City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: Ky Le, Direr r, ffice of Supportive Housing Approv d asn _____and legality: Elizabeth G. Pianca, Lead Deputy County Counsel OWNER: Santa Clara Coun�ig Authority, a public body corporate and politic By: COUNTERPART Katherine Harasz, Executive Director Approved as to form: SIGNED IN COUNTERPART Brian Doyle, General Counsel Non -Order Search Item 10: Staff Report Pg. 99 Packet Pg. 331 of 692 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 9 of 25 Attachment D: Existing 2017 Regulatory Agreement IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: CITY OF P-�9�LT¢,,a municipal corporation By: �� . Ed Shikada, Acting City Manager on behalf of James Keene, City Manager Attest:d(?/t4A7 Beth Minor, City Clerk Approved to fo Molly S. Stump, City ttorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By. SIGNED IN Ky Le, Director,, ice 01 bupportive Housing Attest: SIGNED IN COUNTERPART Megan Doyle, Clerk of the Board of Supervisors Approved as to fort e ility: COUNTERPART Elizabeth G. Pianca, Lead Deputy County Counsel OWNER: Santa Clara County Housing Authority, a public body corporate and politic SIGNED IN By: COUNTERPART Katherine Harasz, Executive Director Approved as to form: SIGNED IN COUNTERPART Brian Doyle, General Counsel 18 Non -Order Search Item 10: Staff Report Pg. 100 Packet Pg. 332 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 0 of 25 Attachment D: Existing 2017 Regulatory Agreement IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: CITY OF PALO ALTO a municipal corporation SIGf1ED IN By: COUNTERPART James Keene, City Manager SIGNED IN Attest: COUNTERPART Beth Minor, City Clerk Approved as to form: SIGNED IN COUNTERPART Molly S. Stump, City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California SIGNED IN By: COUNTERPART Ky Le, Director, Office of Supportive Housing Approved as to fyf�pagegality: COUNTERPART Elizabeth G. Pianca, Lead Deputy County Counsel OWNER: Santa Clara o �`t"y.klousing ority, a public body corporate and politic By. Katherine Harasz, Executive Direc or Approved a to form; Bri Doyle, Gene I Counsel W Non -Order Search Item 10: Staff Report Pg. 101 Packet Pg. 333 of 692 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC r Item 10 1 of 25 Attachment D: Existing 2017 Regulatory Agreement ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On _ G1Pf c��/� , before me �4kr,ii'V (Name of Notary) notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose nam.4are subscribed to the within instrument and acknowledged to me that�she/they executed the same in lher/their authorized capacity(), and that b Fig!her/their signature f on the instrument the personoo, or the entity upon behalf of which the persons' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BEYB D. rilOR (Notary Signature) COMM. 02152569 z N04ry Public• California �e Santa Clara Count CamrrL es 1 2020 19 Non -Order Search Item 10: Staff Report Pg. 102 Packet Pg. 334 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 12 of 25 Attachment D: Existing 2017 Regulatory Agreement ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss County of Santa Clara ) On S*. • 27, 2D 17, before me, 4 y'X .(1vi (Name of Notary) notary public, personally appeared tS'- who proved to me on the basis of satisfactdry evidence to be the person() whose name() is/. e. subscribed to the within instrument and acknowledged to me that he/she!they executed the same in his/h' (t icir authorized capacity(i/), and that by his/her/their signature') on the instrument the person), or the entity upon behalf of which the person(f acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S my hand nd official al. NEENA R. BATALLT;a . ( , t 1�' COMM. NO. 2133685 't NOTARY NOTARY PUBLIC - CALIFORNIA ;r (Notary Signature) SANTA CLARA COUNTY MY COMM. EXPIRES NOV. 12, 2019 .L • NEENA R. BATALL0f�I� ( S." COMM. NO, 2133695 _NOTARY PUBLIC - CALIFORNIA w SANTA CLARA COUNTY w ) Y COMM, EXPIRES NOV.12, 2019 19 Non -Order Search Item 10: Staff Report Pg. 103 Packet Pg. 335 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC r Item 10 13 of 25 Attachment D: Existing 2017 Regulatory Agreement ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On September 26, 2017 before me, H. Nguyen, notary public (insert name and title of the officer) personally appeared Katherine Harasz who proved to me on the basis of satisfactory evidence to be the subsc 'bed to the within instrument and acknowledge me that hi er eir authorized capacity, and that by hi /her their sigi pe on{ , or the entity upon be alf of which the pers (,) acted, i whose name(s 1 Bare tey executed the same in on the instrument the the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -- WITNESS my hand and official seal. H. NGUYEN Commission # 2092740 -m Notary Public - California z ' Santa Clara County �1 M Comm. Expires Dec 6, 2018 ck Signature • J 2W (Seal) Non -Order Search Item 10: Staff Report Pg. 104 Packet Pg. 336 of 692 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 10 14 of 25 Attachment D: Existing 2017 Regulatory Agreement Exhibit A FEE PROPERTY The land is situated in the County of Santa Clara, City of Palo Alto, State of California, and is described as follows: PARCEL 1, AS SHOWN ON THAT CERTAIN MAP FILED SEPTEMBER 7, 2017 IN BOOK 906 OF MAPS, PAGES 29-35, SANTA CLARA COUNTY RECORDS. PARCEL TWO: A NON-EXCLUSIVE EASEMENT, APPURTENANT TO PARCEL ONE ABOVE, FOR PEDESTRIAN AND VEHICULAR INGREE, EGRESS AND ACCESS, INCLUDING EMERGENCY VEHICLE ACCESS, AS SET FORTH IN THAT CERTAIN "GRANT OF ACCESS EASEMENT" RECORDED Sept. 29,2017 AS INSTRUMENT NO. I 1 OF OFFICIAL RECORDS. APN: 137-12-001 137-11-102 (Affects a portion) 137-11-071 (Affects a portion) OAK #4822-5762-0812 v13 22 Non -Order Search Doc: CASCLR:23766007 Item 10: Staff Report Pg. 105 Packet Pg. 337 of 692 d: 10/3/2017 2:27 PM Item 10 Attachment E- Zoning Consistency Analysis ATTACHMENT E ZONING CONSISTENCY ANALYSIS 3980 El Camino Real, 24PLN-00041 Table 1: COMPARISON WITH CHAPTER 18.13 (RM-20 DISTRICT) Regulation Required Proposed Minimum/Maximum Site Irregular Area, Width and Depth 8,500 sf area, 70 -foot width, 100- 338.65 feet L X 219.74 feet W foot depth 73,711 sf (1.69 acre) Minimum Front Yard 20 feet 30 feet Rear Yard 10 feet 70 feet, 8 inches Street Side Yard 16 feet Not Applicable Interior Side Yard (for lots greater than 70 feet 10 feet 35 feet, 4 inches from east side in width) 72 feet, 8 inches from west side Max. Building Height 30 feet 37 feet, six inches Waiver Requested Side Yard Daylight Plane 10 feet at interior side lot line Complies then 45 degree angle Rear Yard Daylight Plane 10 feet at rear setback line then Complies 45 -degree angle Max. Site Coverage 35% (plus an additional 5% for covered patios or overhangs) 28% (20,373 sf) (8,294 sf) Max. Total Floor Area Ratio 0.5:1 (36,855 sf) 1.0:1 (73,710 sf) Waiver requested Residential Density 11 to 20 units per acre 61 DU on 1.69 acre = 36 units per acre (19 to 34 units) o Complies with State Density Bonus Law 80/ Bonus Allowance Minimum landscape/ Site 35% (5,847 sf) 24.5% (17677 sf) Open Space Waiver Requested Minimum Usable Open 150 sf per unit 150.4 sf per unit Space Minimum Common Open 75 sf per unit 5,463 sf (89.5 sf per unit) Space Minimum Private Open 50 sf per unit None Space Concession Requested Item 10: Staff Report Pg. 106 Packet Pg. 338 of 692 Item 10 Attachment E- Zoning Consistency Analysis Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off -Street Parking) for Multiple -Family Residential Type Required Proposed Vehicle Parking 1 per studio unit 79 — 3 -bedroom units; 24 spaces 1 per 1 -bedroom unit 0% tandem 1.5 per 2 -bedroom or larger unit111 =77 Spaces Tandem parking is permitted for multiple -family and two-family uses at a maximum of 25% of the units111 Loading Area Residential and mixed -use structures 1 proposed with fifty (50) or more dwelling units shall provide at least one (1) on -site, short-term loading space for passenger vehicles, to be used by taxicabs and similar transportation and delivery services Bicycle Parking One (1) Long-term bicycle parking space 72 LT spaces; six (6) ST spaces per unit=61 spaces One (1) short-term bicycle parking space per 10% of units=6 spaces (1) In accordance with state density bonus law, only 1.5 parking spaces is required, and all units may have tandem parking. Therefore, although this requirement does not meet the city's local code requirements, this allowance is provided per state law without the need for an additional waiver/concession. Regulation Required Proposed 5 -foot planting strip Complies Minimum required interior landscaping=7.5% 9.3% Landscape islands minimum 5x5 Minimum 6x18 Landscape islands every 10 spaces in a row Complies Minimum 1 tree per 6 parking stalls Number of trees in landscape islands: 8 Number of parking spaces: 79 Number of tree required: 13 Number of trees on perimeter: Parking lot Design 13 Total number of trees counted: 21 Tree plantings should shade 50% of the parking lot Tree canopy area provided: surface areas in 15 years 11,198 (47%) Tree Canopy area required: 11,829(50%) Item 10: Staff Report Pg. 107 Packet Pg. 339 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist Objective Design Standards Checklist The Objective Design Standards Checklist is a tool to evaluate a project's compliance with the Zoning Ordinance (Chapter 18.24). The Checklist is not the Zoning Ordinance. Applicants shall be responsible for meeting the standards in the Zoning Ordinance. To simplify evaluation of the Zoning Ordinance, language in the Checklist may vary from the Zoning Ordinance. (Note: sf = square feet) If a standard is not applicable to applicant's project, please write N/A in Applicant's Justification column. 18.24.020 Public Realm/Sidewalk Character Standard Sheet # Applicant's Justification (A) In the following districts, public sidewalk width (curb to back of walk) is at least: • Commercial Mixed -Use District: CN, CS, CC, CC(2), CD -C, CD -S, CD -N, PTOD: 10 ft • El Camino Real: 12 ft ❑ • San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft And consists of: Pedestrian clear path width of 8 foot minimum: feet Landscape or furniture area width of 2 foot minimum: feet If the existing public sidewalk does not meet the minimum standard, a ❑ publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided. (B) Public sidewalks or walkways connecting through a development parcel (e.g. on a ❑ through lot with a public access easement, leading to a commercial entry) must be at least 6 feet wide. (C) The width of walkways designed to provide bicycle access (e.g. pathway to bike racks/lockers) must be at least 12 feet wide, consisting of: Pedestrian clear path width (8 feet min.): 8'2" Does not apply (RM-30 Zone District and not any of these streets (despite the address, frontage is on Los Robles) Not applicable; not a through Lot Complies Walkways meeting requirement Clear space/buffer — (2 feet min. on each side of path): 3'11"ft & 4' ft A1.10A provided from sidewalk to bike racks Item 10: Staff Report Pg. 108 Page 1 Packet Pg. 340 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist Check on Standard Sheet # Applicant's Justification 1. One street tree provided for every 30 linear feet of public sidewalk length and Sufficient number of trees located within six feet of the sidewalk. L0.03 provided along Los Robles streetscape a. Length of parcel frontage/public sidewalk length: 581' 4"ft b. Street Trees required (i.e. frontage/30 feet): 19 trees c. Street Trees provided: 22 trees a, C O Y U a a, C O U Parcels abutting University Avenue between Alma Street and Webster include accent Not Application paving along the project frontages, as indicated below: El • Brick paving at corners • Brick trim mid -block El Parcel abutting California Avenue between El Camino Real and Park Blvd include Not Applicable decorative glass accent paving along project frontages •• (A) On -site micromobility infrastructure (e.g. bike racks/lockers) is located within I Proposed short-term bike racks X❑ 30 feet of the primary building entry and/or on a path leading to the primary AO.11 are within a path leading to the building entry; OR primary building entry ❑ Existing micromobility infrastructure (e.g. bike racks/lockers) is already located within 50 feet of project site and located in a public right-of-way. (B) Primary building entries shall provide at least one seating area or bench Courtyard seating is located ® within 30 feet of building entry and/or path leading to building entry. On A2.10 wihin 30 feet of the path leading arterials (see Map T-5), except Downtown, seating areas or benches shall not be located between the sidewalk and the curb; OR to the primary building entry ❑ Existing seating areas or benches that are already located in the public right-of-way within 50 feet of the building entry. Page 2 Item 10: Staff Report Pg. 109 Packet Pg. 341 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist 18.24.030 Site Access Check Standard Sheet # I Applicant's Justification Through lots located more than 300 feet from an intersecting street or pedestrian ❑ walkway shall provide a publicly accessible sidewalk or pedestrian walkway (with Not Applicable, not a through lot public access easements) connecting the two streets. Primary Building Entries shall be located from a public right-of-way. If there is no Primary building entry accessed El public right-of-way adjacent to the building, entries shall be located from a private A1.10A from a short walkways leading street or Pedestrian Walkway. -A - from the public ROW ❑ (A) Vehicle access shall be located on alleys or side streets when they abut the Not Applicable, no alleys property. adjacent site (B) Except for driveway access and short-term loading spaces (e.g. taxi), off-street No parking or circulation area is ❑ parking, off-street vehicle loading (delivery trucks), and vehicular circulation areas A1.10 located between the building are prohibited between the building and primary building frontage. frontage and street. Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows: (A) Loading docks and service areas shall be located on facades that do not face a primary building frontage (B) Loading docks and service areas located within setback areas shall be screened by a solid fence, or wall, or dense landscaping and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement/safety. Item 10: Staff Report Pg. 110 Trash staffing area is located at AO.13 the rear of the building, with trash pickup planned along an internal street There are no loading docks or A0.13 service area located within setback areas. Trash is at the rear of the building. Page 3 Packet Pg. 342 of 692 City of Palo Alto Objective Design Standards: Checklist 18.24.040 Building Orientation and Setbacks Check Standard Item 10 Attachment F: Objective Standards Comparison Checklist Sheet # I Applicant's Justification Corner buildings less than 40 feet in height and end units of townhouses (all end units) or other attached housing products that face the street shall include all of the following features on their secondary building frontage (where B is the primary frontage): (A) height and width of corner element shall have a ratio greater than 1.2:1. a. Secondary building frontage height: 36 feet A3.10 b. Secondary building frontage length: 22 feet c. Secondary building frontage height to width ratio: "28 (B) minimum of 15 percent fenestration area. Complies t a. Total secondary building frontage facade area: 6286 sf U � b. Secondary building frontage facade fenestration area: 1532sf c. Percent of fenestration area _24.4_ (C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. Corner Buildings 40 feet or taller in height shall include at least one of the following special features: A. Street wall is located at the minimum front yard setback or build -to line for a a! minimum aggregated length of 40 feet on both facades meeting at the corner and m includes one or more of the following building features: c C i. An entry to ground floor retail or primary building entrance located within c C 25 feet of the corner of the building. O : ii. A different material application and/or fenestration pattern from the rest Not Applicable, less than 40 U3 of the facade. feet in height iii. A change in height of at least 4 feet greater or less than the height of the adjacent/abutting primary facade. B. An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following Page 4 Item 10: Staff Report Pg. 111 Packet Pg. 343 of 692 City of Palo Alto Objective Design Standards: Checklist ❑ i. A publicly accessible open space/plaza. ❑ ii. A space used for outdoor seating for public dining. iii. A residential Common Open Space adjacent to a common interior space ❑ (i.e. lobby, retail, etc.) and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% open/transparent. The primary building entry meets at least one of the following standards: ❑ A. Faces a public right-of-way. Item 10 Attachment F: Objective Standards Comparison Checklist Primary building entry faces a ® B. Faces a publicly accessible pedestrian walkway. AO.14 publicly accessible pedestrian walkway connected to the 0 sidewalk C. Is visible from a public right-of-way through a forecourt or front porch that 0 meets the following standards: p i. For residential buildings with fewer than seven units, building entry forecourts or front porch minimum dimensions of (min. 36 sf and ❑ min. dimension of 6 feet required): _ sf and _ ft. min. dimension U Primary building entry is ii. For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porch minimum AO.14 located off of a forecourt of dimensions of (min. 100 sf and a min. width of 8 feet required): 100 sf the specified size and 8'2" min. width A. Finished Floor Height for Ground Floor Units The finished floor of ground floor residential units, when adjacent to a public right-of- way, must be within the minimum and maximum heights according to setback distance AO.14 0 feet required from back of walk identified in Figure 2a and 2b of the Zoning Ordinance. Calculate minimum ground floor finished floor height: Setback adjacent to public right of way: 20 feet Page 5 Item 10: Staff Report Pg. 112 1 Packet Pg. 344 of 692 City of Palo Alto Objective Design Standards: Checklist inimum ground floor finished floor height: 0_ feet 4 16 Y = (_15) (x) + 3 where x = setback length from back of walk, in feet and y = ground floor finished floor height, in feet tes with slopes greater than 2% along building facade — Average height of fished floor: feet tes located in flood zones — the minimum ground floor finished floor height fall be defined by FEMA, less flood zone elevation: feet B. Setback Trees Ground floor units with a setback greater than 15 feet must have at minimum an average of one tree per 40 linear feet of facade length, within the setback area. Setback length: 30 feet ❑ Amount of linear frontage: 25 feet Trees required: 1 tree Trees provided: 1 tree C and D. Front Setback ❑X C. Ground floor residential entries are setback a minimum of 10 feet from the = back of public sidewalk; OR O Y aD. Where no minimum building setback is required, all ground floor residential units must be set back a minimum 5 feet from back of public sidewalk. Check T Standard IV E. Unit Entry T A minimum 80% of ground floor residential units that face a public right-of-way or ❑ publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space for minimum. Item 10: Staff Report Pg. 113 A1.10 Item 10 Attachment F: Objective Standards Comparison Checklist One tree provided in setback area at los robles avenue along the single ground floor 2BR frontage I Building setback 30 feet; no A1.10A ground floor entries facing the street Concession requested under state density bonus law Ground units designed to have internal access -see iustifications for reasoning Page 6 Packet Pg. 345 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist a. Total number of ground floor residential units facing a public right-of-way, publicly accessible path, or open space: 0 units b. 80% of total units in (a): units c. Subset of number of units in (a) that have a unit entry with direct access to the sidewalk, path, or open space: entries Required setbacks provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space and meet the following: Property management office (A). Ground -floor retail or retail like uses have a minimum of 10% of the A0.14 is the only retail -like use at required setback as landscape or planters. the ground floor along the a © street frontage i. Minimum setback area (setback x frontage x 10%): 66.5 sf eo ii. Landscape or planter area in required setback: 359.4 sf (B). Ground -floor residential uses have a minimum of 60% landscaped area in Only one ground floor unit has a the required setback area. A0.14 street frontage along Los ❑x Robles Avenue i. Minimum setback area (setback x frontage x 60%): 375 sf ii. Landscape area in required setback: 500 sf (A) Each detached dwelling unit shall have at least one usable side yard, at least six feet wide, between the house and fence or other structure, to provide outdoor passage between the front Not Applicable and rear yards. Page 7 Item 10: Staff Report Pg. 114 1 Packet Pg. 346 of 692 City of Palo Alto Objective Design Standards: Checklist 18.24.050 Building Massina Check Standard (A) When the height of the subject building is more than 20 feet above the average height (i.e. average of low and high roof elevations) of an adjacent building(s), an upper floor step back shall start within two vertical feet of the average height of the adjacent building. The step back shall be a minimum depth of six feet along both the facade on the primary building frontage and the facade ❑ facing the adjacent building, and the step shall occur for a minimum of 70% of Leach facade length. i. Proposed building height: feet ii. Average building height of the adjacent building(s): feet iii. Building height where upper floor step back begins: feet ❑ (B) Notwithstanding, subsection (A), when adjacent to a single -story building, the upper floor step back shall occur between 33 and 37 feet in height. (C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45 -degree angle shall be required. This daylight plane is required if all of these criteria are met: i. The project is not subject to a daylight plane requirement, pursuant to ❑ district regulations in Title 18; and ii. The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building(s); and iii. The project abuts residential units in the side or rear yard. Sheet # When a building abuts a residential use on an interior side and/or rear property line, the building shall break down the abutting facade and maintain privacy by meeting all of the following: (A) Landscape Screening. A landscape screen that includes a row of trees with a L4.11, v a ❑ minimum one tree per 25 linear feet and continuous shrubbery planting. This L4.12 Item 10 Attachment F: Objective Standards Comparison Checklist Applicant's Justification Not applicable since the subject building is not 20 feet taller than the average height of the adjacent building Daylight plane requirement as per zoning only applies to rear property line and interior side yard property line Continuous planting area shown along interior side and rear Page 8 Item 10: Staff Report Pg. 115 Packet Pg. 347 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist screening plant material shall be a minimum 72 inches (6 feet) in height when property lines. 16 trees currently planted. Required trees shall be minimum 24" box size. shown at the side property line (14 required), and 9 along the rear property line (7 required) Concession requested under state density bonus law (B) Facade Breaks. A minimum facade break of 4 feet in width, 2 feet in depth, ❑ and 32 square feet of area (i.e. 8 ft tall minimum) for every 36 to 40 feet of facade Provides breaks at end but in the length center of the west facade breaks are 6 inches to 1 foot instead of 2 feet in depth ❑ (C) Maximum Amount of Transparent Windows. Within 40 feet of an abutting structure, no more than 15% of the facing facade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if fixed and fully obscured (D) Windows. Within 30 feet of facing residential windows (except garage or Not applicable, part of the ng no building is within 20 feet of facing residential windows common space windows) or private open space on an adjacent residential building, facing windows on the subject site shall meet the following: (i) Window sills at and above the 2nd floor shall be at least five feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below five feet Not applicable. No part of the ❑ above finished floor; or building is within 30 feet of (iii) Windows shall be angled up to 30 degrees (parallel to window) to face facing residential windows away from the adjacent privacy impacts; and (iv) Landscape screening shall be 24 -inch box size or larger and eight+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity. (E). Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an adjacent residential building, balconies and decks on the subject site shall be designed to prevent views: Not applicable since proposed ❑ (i) No sight lines to the adjacent property window or open space are building has no balconies permitted within five feet above the balcony or deck flooring and a 45 - degree angle downward from balcony railing. (ii) Submit section view of proposed balcony/deck and abutting residential Page 9 Item 10: Staff Report Pg. 116 Packet Pg. 348 of 692 City of Palo Alto Objective Design Standards: Checklist windows and/or private open space. (iii) Provide balcony/deck design measure which may include: a. Minimum 85% solid railing Obscure glass railing Barrier with min. 18" horizontal depth from railing (e.g., landscape planter) Item 10 Attachment F: Objective Standards Comparison Checklist Buildings 70 feet in length or greater and greater than 25 feet in height J For building facades 70 feet in length or greater and facing a public street, right- of-way, or publicly accessible path shall not have a continuous facade plane greater than 70% of the facade length without an upper floor modulation, of at least 2 feet in depth Continuous facades annotated in ❑ facade length featuring continuous plane: 27 feet, 7 inches A3.10 south elevation Total Facade length: 123 feet Percent of facade length without upper floor modulation (a/b) (maximum c 70%): 22.4% tia 2 Buildings 250 feet in length or grew, nz (A) Buildings 250 feet in length or greater, which face a public street, right-of- way, or publicly accessible path, shall have at least one vertical facade break O with a minimum area greater than 400 square feet and a width greater than Not applicable since street a ❑i or equal to two times the depth elevation is 123 feet a. Total Building length: feet b. Number of vertical facade breaks: _ breaks add width, depth, area Buildings between 150 fee nd 250 feet in lengt 1 (B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical facade break with a ❑ minimum area greater than 64 square feet and a minimum width of 8 feet Not applicable since street and minimum depth of 4 feet. elevation is 123 feet a. Total Building length: feet Page 10 Item 10: Staff Report Pg. 117 Packet Pg. 349 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist b. Number of vertical facade breaks: breaks, add width, depth, area Standard r Sheet # Applicant's Justification All parcels with lot lines abutting railroad rights -of -way shall meet the following standards on the railroad -abutting facade(s): (A) A minimum facade break of at least 10 feet in width and six feet in depth for Not applicable, does not abut —_ every 60 feet of facade length. railroad ROW s a (B) For portions of a building 20 feet or greater in height shall not have a continuous facade length that exceeds 60 feet. The apartment site is 1.69 acres A diversity of housing types (e.g. detached units, attached and features an apartment rowhouses/townhouses, condominiums or apartments, mixed use) are building with multiple unit ❑ required for projects on large lots: A1.10 types. The complete • Less than one acre lots: minimum 1 housing types development (4.5 acres) • 1 to 2 -acre lots: minimum 2 housing types; or features multiple housing types- • More than 2 -acre lots: minimum 3 housing types apartments, RV trailers, and manufactured homes 18.24.060 Facade Design Check Two or Standard Sheet # Applicant's Justification Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a ❑ middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the facade length through use of three or more of the following four techniques: Page 11 Item 10: Staff Report Pg. 118 Packet Pg. 350 of 692 City of Palo Alto Objective Design Standards: Checklist i. Variation in Building Modulation: Building modulation shall extend for a minimum 80% ❑ of the facade length feet, and shall include one or more of the following building features. a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a minimum dimension of 2 feet from the primary facade. o b. Upper floor step backs. A horizontal step back of upper -floor facades with a " tea, ❑ minimum 5 foot stepback from the primary facade for a minimum of 80% of aO, the length of the facade c. Ground floor step back. A horizontal shift of the ground floor facade with a ❑ minimum depth of 2 feet for a minimum 80% of the length of the facade. Ground floor step backs shall not exceed the maximum setback requirements, where stated ►1 a) U a, U 4- a, I- 0 E L_ O O U U s ii. Variation in Facade Articulation: Facade articulation modulation shall include one or more of the following building features. a. Horizontal and/or Vertical Recesses or Projections. Recesses or projections ❑ such as a pattern of recessed grouping of windows, recessed panels, bay A3.10 - windows or similar strategies. The recess or projection shall be a minimum 4 A3.12 inches in depth. b. Horizontal and/or Vertical Projections. Projections such as shading, ❑ weather protection devices, decorative architectural details, or similar strategies. c. Datum Lines. Datum lines that continue the length of the building, such as X❑ parapets or cornices, with a minimum 4 inches in height or a minimum 2 inches in depth and include a change in material iii. Variation in two of the following: X❑ a. Fenestration Size ❑ b. Fenestration Proportion ❑ c. Fenestration Pattern AO.14 Item 10 Attachment F: Objective Standards Comparison Checklist Pattern of recessed and projections, coupled with window groupings shown on each facade. However, the projections are not a minimum of 4 feet in depth; therefore also complies with datum lines Facade design includes a box- like framing feature of a different material/color that acts as a datum line. Variety of fenestration size and projection shown Page 12 Item 10: Staff Report Pg. 119 1 Packet Pg. 351 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist d. Fenestration Depth or Projection ® iv. Variation in two of the following: a. Facade Material o- . 3 ❑ b. Facade Material Size Variety of materials and colors s❑ c. Facade Texture and Pattern A0.14 shown X❑ d. Facade Color Building facades shall use a variety of strategies including building modulation, fenestration, and facade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of three of the following facade articulation strategies to create visual interest: Pattern of recesses and ® A. Vertical and horizontal recesses such as a pattern of recessed grouping of windows or A3.10- projections, coupled with recessed panels. The recess shall be a minimum 4 inches in depth. A3.12 window groupings shown on each facade ❑ B. Vertical and horizontal projections such as shading and weather protection devices or decorative architectural details. Projections shall be a minimum 4 inches in depth. o C. Datum lines that continue the length of the building, such as cornices, with a A3.10- Facade design includes a box- o® minimum 4 inches in depth, or a minimum 2 inches in depth and include a change in A3.12 like framing feature of a material, different material/color that acts as a datum line ❑ D. Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum 4 inches in depth. U E. Screening devices such as lattices, louvers, shading devices, or perforated metal A3.11, Perforated metal sunshades ® screens. A3.14 shown along the West Elevation A3.14 One of the proposed materials - ❑X F. Use of fine-grained building materials, such as brick or wood shingles, not to exceed 8 cement fiber board lap siding is inches in either height or width. a fine-grain material, with exposure less than 8 inches Page 13 Item 10: Staff Report Pg. 120 Packet Pg. 352 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist ❑x G. Incorporate a minimum of three colors, materials, and/or textures across the whole A3.14 Multiple color and materials building. shown (A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved with building modulation to create vertically oriented facades (height greater than the width of the facade), facade articulation and fenestration repetitive vertically oriented patterns. Depending on the length of the facade, the following standards apply: i. For continuous facades less than 100 feet in length, the facade shall have vertically ❑ oriented patterns of vertical recesses or projections, facade articulation, and/or fenestration. ii. For continuous facades 100 feet or greater in length, the facade shall include either: a. A vertical recess or change in facade plane with a minimum 2 feet deep vertical ❑ shift modulation for a minimum 4 feet in width to establish a vertical rhythm between 20 to 50 feet in width; OR 1 ar U ❑ b. A vertical recess or projection with a minimum depth of 2 feet that establishes the vertical rhythm between 10 to 16 feet in width (B) Residential mixed -use buildiliL L ❑ i. Vertical Patterns and Modulation: Facades shall use vertical patterns of building ° modulation, facade articulation, and fenestration. a) p c ii. Horizontal Patterns and Modulation: Facades that use horizontal articulation and v2 ❑ fenestration patterns shall use a vertical massing strategy with a minimum 4 feet wide and 2 feet deep vertical shift in modulation at least once every 50 feet of facade length. (C) Storefronts ❑ Storefront uses shall express a vertical rhythm not to exceed 30 to 50 feet in width. (A)(i) Building Entries within Facade Design. Primary building entries shall be scaled proportionally to the number of people served (amount of floor -area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions: Not applicable since no facade is less than 100 feet in length The facade articulation employs a pattern of projections and recesses to highlight the rhythm of housing units Does not apply, exclusively residential Doesn't apply, exclusively residential Page 14 Item 10: Staff Report Pg. 121 Packet Pg. 353 of 692 City of Palo Alto Objective Design Standards: Checklist ❑ I a. Individual residential entries: 5 feet in width ❑ I b. Shared residential entry, such as mixed -use buildings: 8 feet in width ❑ c. Commercial building entry: 20 feet in width ❑ d. Storefront entry: 6 feet in width (ii) Primary building entries (not inclusive of individual residential entries) shall include a facade modulation that includes at least one of the following: a, ❑X I a. Recess or projection from the primary facade plane (minimum 2 feet). c O U ° b. Weather protection that is a minimum 4 feet wide and 4 feet deep by recessing ❑ the entry, providing an awning or using a combination of these methods U o A. Ground floor height shall be a minimum 14 feet floor -to -floor OR shall maintain a 2nd floor datum line of an abutting building. a. Ground floor height (minimum 14 feet): feet; OR b. Height of 2nd floor datum line of abutting building: feet B. Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk. providing unobstructed views into the commercial space. a. Facade area between 2 feet and 10 feet: square feet b. Transparent glazing area between 2 feet and 10 feet: square feet c. Percentage of transparent glazing (minimum 60%): ❑ C. If provided, bulkheads and solid base walls measure between 12 and 30 inches from finished grade D. Primary entries shall include weather protection by recessing the entry, providing an awning or using a combination of these methods. ❑ a. Weather protection width (minimum 6 feet): feet b. Weather protection depth (minimum 4 feet): feet Item 10 Attachment F: Objective Standards Comparison Checklist AO.14 Primary building entry is recessed over 8 feet Upper floor overhang provides AO.14 weather protection at the main entry Not Applicable, no retail proposed Page 15 Item 10: Staff Report Pg. 122 Packet Pg. 354 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist E. Awnings, canopies and weather protection: (i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be ❑ installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window. (ii) Awnings may be fixed or retractable ❑ (A) Ground floor height must be a minimum 14 feet floor -to -floor OR match the 2nd floor datum line of an abutting building ❑ Ground floor height (minimum 14 feet): feet; OR ❑ Height of 2nd floor datum line of abutting building: feet (B) Minimum of 50% transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade, providing unobstructed views into the commercial space ❑ Facade area between 4 feet and 10 feet: square feet Project is 100% residential Transparent glazing area: square feet Percentage of transparent glazing (minimum 50%): (C) Primary entries include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods. ❑ Weather protection width (minimum 6 feet): feet Weather protection depth (minimum 4 feet): feet ... (A) Entry Size No more than 25% of the site frontage facing a street shall be devoted to garage openings, carports, surface parking, loading entries, or utilities access. On sites with less than 100 feet of frontage, no more than 25 feet. Site frontage: 228 feet Concession requested in ❑ accordance with state density Frontage devoted to garage openings, carports, surface parking, loading entries, or bonus law utilities access: 129'7" Percent of frontage devoted to garage openings, carports, surface parking, loading entries, or utilities access 56% (B) Above Ground Structurei I I Page 16 Item 10: Staff Report Pg. 123 Packet Pg. 355 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, must be lined with commercial or No above ground parking ❑ habitable uses with a minimum depth of 20 feet proposed (C)&(D) Partially Sub-Gra tructured Parking ❑ Partially sub -grade parking must not have an exposed facade that exceeds 5 feet in height above abutting grade at back of sidewalk. No sub -grade parking ❑ Partially sub -grade parking must be screened with continuous landscaping and shrubbery proposed with minimum height of 3 feet and be located within 10 feet of the sub -grade parking. 18.24.070 Residential Entries Pick One or More (A —E) E) Standard Sheet # Applicant's Justification Where ground floor residential unit entries are required, one or more of the following entry types shall be provided: ❑ (A) Stoop ❑ (i) Stoops provide entry access for a maximum of two ground floor units. a . ❑ (ii) Stoop heights are within one step of finished floor height of adjacent unit. . s N ❑ (iii) Stoop entry landings are a minimum 5 feet in depth ❑ (iv) The maximum stoop height from the back of sidewalk grade is 5 feet. ❑ (B) Porch ❑ (i) Porches provide entry access for a maximum of one ground floor unit. a 4a ❑ (ii) Porch heights are within one step of finished floor height of adjacent unit. . s N ❑ (iii) Porches are large enough so a 6 -foot by 6 -foot square can fit inside U ❑ (iv) The maximum porch height from the back of sidewalk grade is 5 feet. ❑ (C) Patio Entry Item 10: Staff Report Pg. 124 Not Applicable, ground floor residential unit entries not required Not Applicable, ground floor residential unit entries not required Page 17 Packet Pg. 356 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist ❑ (i) Patio entries provide access for a maximum of two ground floor units. ❑ (ii) Patio entries are large enough so a 5 -foot by 5 -foot square can fit inside of the patio for each unit ❑ (iii) The patio shall include at least one of the following features to define the transition between public and private space: cn ❑ a. Row of shrubs: not exceeding 42 inches in height located between Not Applicable, ground floor 01 the sidewalk and the patio. One gallon size and max 3 feet on center residential unit entries not b. Fence: not to exceed 36 inches in height located between the ❑ required �, c sidewalk and the patio with a gate or fence opening to provide access oc. Metal, Wood, or Stone Wall: not to exceed 36 inches in height ❑ located between the sidewalk and the patio with gate or opening, AND a minimum 18 -inch landscape strip is located between the wall and the abutting pedestrian way and entirely landscaped El (D) Terrace El (i) Terraces provide entry access for multiple ground floor units. ❑ (ii) Terraces are a maximum height of 30 inches above the grade of the back of Not Applicable, ground floor the adjacent sidewalk or accessway. residential unit entries not N ❑ (iii) Walls, fences and hedges on Terraces are a maximum of 42 inches tall and required have a minimum transparency of 40 percent. El (E) Frontage Court ❑ (i) Frontage courts provide entry access for multiple ground floor units. ❑ (ii) The minimum frontage court width along a primary frontage is 25 feet. vi ❑ (iii) The maximum frontage court width along a primary frontage is 50% of the Not Applicable, ground floor facade length or 80 feet, whichever is less. residential unit entries not ❑ (iv) The minimum Frontage Court depth is 25 feet. required El (v) The maximum Frontage Court depth is 50 feet or a ratio not to exceed 2:1 depth to width. Page 18 Item 10: Staff Report Pg. 125 1 Packet Pg. 357 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist 18.24.080 Open Space Check Standard Sheet # Applicant's Justification (A) Floor area includes clear space with a minimum dimension of a circle with a six Not Applicable, no private open ❑ foot diameter. space proposed in accordance with waiver ❑ (B) Minimum clear height dimension of 8'-6" feet. ❑ (C) Directly accessible from a residential unit. ❑ (D) Balconies are not located within the daylight plane. (b)(1)(E) Private Open Space - Ground Floor Patios ❑ (i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is 8 feet for at least 75% of the area. (ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is 6 ❑ feet for at least 75% of the area (iii) Street facing private open space on the ground floor shall meet the finished floor ❑ height for ground floor residential standards in section 18.24.040(b)(4) (A)&(B) Minimum 200 square feet of area. Area shall include a space with a minimum Overall common open space has ❑ A0.04 an area of 5,463 sf; area can dimension of a circle with a 10 -foot diameter. (C) A minimum of 60% of the area shall be open to the sky and free of permanent accommodate an 10' circle 420 sf of the common open ❑ A1.10A covered space is by a trellis, weather protection or encroachments. Trellises and similar open-air features allowed o leaving 92.3% open to sky (D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a ❑ minimum dimension of 40 feet and have a minimum courtyard width to building Not Applicable, courtyard if not height ratio of 1:1.25 (E) Common open space provides seating. L1.11- enclosed Variety of seating shown ❑ (F) Common open space has a minimum 20% of landscaping. L.1-13 A0.04 Facade design also includes a I box -like framing feature of a ❑ Page 19 Item 10: Staff Report Pg. 126 1 Packet Pg. 358 of 692 Item 10 Attachment F: Objective Standards City of Palo Alto Objective Design Standards: Checklist Comparison Checklist different material/color that acts as a datum line. Not Applicable # Applicant's Justification 4 Materials comply de # Applicant's Justification Project complies with GaiGreen 7 Tier 2 and is proposed to be all electric Page 20 Packet Pg. 359 of 692 ❑ (G) Planting in above grade courtyards has minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees. — 18.24.090 Materials Standard Sheet _._E!IU (b)(1) Primary, secondary, and accent materials are allowed or prohibited as in the Residential and Residential Mixed -use Material List, which may be updated from time ❑ to time by the Director of Planning with a recommendation by the ARB. See webpage A3.1 for list - https://www.cityofpaloalto.org/News-Articles/Planning-and-Development- Services/Multifamily-Mixed-Use-Objective-Standards 18.24.100 Sustainability and Green Building Co Check Standard Sheet (b) See Chapter 16.14: California Green Building Standards additional requirements for ❑ green building and sustainable design. Notwithstanding Section 18.24.010(c), these AO.0 regulations may not be modified through alternative compliance. Item 10: Staff Report Pg. 127 STREAMLINED HOUSING DEVELOPMENT REVIEW Updated: May 30, 2024 Item 10 Attachment G Project Description and Justification of Concessions and Waivers 3980 El Camino Real, Palo Alto, CA Buena Vista Commons Submitted by: Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 HOUSI NGAUTHOR TY SANTA CLARA COUNTY wt,nl2 V -g homes, growg cowt.wt.uwities Item 10: Staff Report Pg. 128 Packet Pg. 360 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT I Attachment G Project ommons Description and 30, 2024 1. Introduction Justification of Concessions and Waivers a. Project Description Buena Vista Commons is the apartment component of a larger redevelopment occurring at the Buena Vista Mobile Home Park (Park), Palo Alto's only mobile home park, located at 3980 El Camino Real, in the Barron Park neighborhood. Buena Vista Commons is proposed as a 61 -unit apartment building, which occupies 1.69 acres of the existing 4.5 acre property. The location has been used for housing since at least the 1950s, when Buena Vista first converted from a car camp along El Camino Real to a mobile home park with spaces and hook-ups for homes. It eventually became a critical part of natural affordable housing stock in Palo Alto. Buena Vista Mobile Home Park had its last substantial renovation in 1970. As a result, the infrastructure is outdated and insufficient, the Park is overcrowded, and many homes require replacement. Buena Vista Commons is a critical part of the redevelopment that is necessary to address overcrowding at the Park and to achieve other project goals that are shared between the City, County and Housing Authority: to make substantial physical improvements, ensure financial sustainability, and maintain over 100 affordable homes. Buena Vista Commons will be deed -restricted as 100% affordable housing. The apartment will serve existing renters who live at the Buena Vista Mobile Home Park, and it will increase affordable housing opportunities to more families in Palo Alto. Among the current resident population of the Park, a 2023 income recertification found that 90% of all current households are low-income (below 80% AMI and over half of households are very low-income (below 50% AMI). The average affordability level for each home at Buena Vista Commons is expected to be below 42% of AMI. The proposed project preserves affordable housing among the Park community and helps meet the larger community need for more affordable housing in Palo Alto. Aerial illustration of Buena Vista Commons- the proposed 3 -story apartment building Item 10: Staff Report Pg. 129 Packet Pg. 361 of 692 Item 101 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of Concessions and Waiver) The location for Buena Vista Commons is an important one for more housing. It sits in the Barron Park neighborhood, which is an area that is rich in resources forfamilies. It is less than a half -mile awayfrom an elementary school, grocery store, public transit, and other restaurants, parks and cafes. In addition, housing costs throughout the Bay Area, including Palo Alto, have continued to skyrocket over time. Projects such as ours are critical to preserve and expand affordable housing opportunities in Palo Alto, helping maintain and increase socioeconomic and racial diversity. Immediately adjacent land uses to this site are another affordable housing property (Oak Manor Townhouses) to the west, commercial businesses to the east, and single family residential to the north. Through its design features, Buena Vista Commons will bring energy efficiency, community cohesion, and curb appeal. It will also use materials that are intended to maintain well over time. For energy efficiency, Buena Vista Commons will be all -electric, use natural flooring, use Energy Star appliances, have bicycle parking, and will be setup to accommodate electric vehicle charging. For the resident community, it will have a barbecue area, teen room, community room, and resident services offices. And compared to the built structures at Buena Vista Mobile Home Park today, the apartment will have playful angles, fresh colors, and new trees that will make it attractive to passers- by in the Palo Alto community. Barron Park neighborhood Barron Park Elementary School Adjacent building: Oak Manor Townhouses by Alto Housing Adjacent commercial building along El Camino Real Item 10: Staff Report Pg. 130 Packet Pg. 362 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of Concessions and Waive) rs b. Project Team • Santa Clara County Housing Authority (SCCHA): Is the project developer. SCCHA is a public agency whose mission is to provide and inspire affordable housing solutions to enable low-income people and families in Santa Clara County to achieve financial stability and self-reliance. • The John Stewart Company: The John Stewart Company has been Property Manager at Buena Vista Mobile Home Park since 2020 and will remain property manager for Buena Vista Commons. They are experienced with affordable housing compliance requirements, such as annual income recertifications. • Burke, Williams & Sorensen, LLP: Real estate and land use attorneys. • Van Meter Williams Pollack LLP: Architect. • Sandis Civil Engineers: Civil Engineer. • Associated Right of Way Services, Inc.: Relocation consultant. c. About the Santa Clara County Housing Authority (SCCHA) Santa Clara County Housing Authority is a public agency whose mission is to provide and inspire affordable housing solutions to enable low-income people and families in Santa Clara County to achieve financial stability and self- reliance. It is one of the original 39 Moving to Work agencies (out of 3,200 nationwide public housing authorities), which gives it a special designation to make strategic program and policy changes. The Housing Authority was established in 1967. One of its functions is as a developer and asset manager for affordable housing. It currently owns nearly 3,500 homes throughout Santa Clara County. It has an active development pipeline of over 1,200 homes, which is through large master -plan projects, smaller development sites, and deeply mission driven developments like Buena Vista. Currently, Bellarmino Place, Alvarado Park, and the Pavilion Inn are under construction and will provide 257 affordable homes for seniors, families , and transitional aged youth in San Jose when they are completed in 2024 and 2025. Our projects have utilized various different funding sources, including private and public sources such as Low -Income Housing Tax Credits (LIHTC) and conventional loans. In addition to housing development and ownership, the Housing Authority administers federal rental assistance to over 19,000 households through the Housing Choice voucher program. Item 10: Staff Report Pg. 131 Packet Pg. 363 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 2. Community Engagement I Justification of Concessions and Waivers To date, we have conducted a robust community and resident engagement process, going as far back as July 2017. Community and resident engagement has been organized into three distinct phases. Phase 1 was Listening and Learning with Buena Vista residents, which took place from July 2017 through October 2022. During this phase there were town hall meetings, design exercises and surveys. The goal at that stage was to understand resident questions and needs, gather stakeholder preferences and information. Questions during this phase were things such as: "What do you love about Buena Vista today?" and "What are your hopes for the future?" The responses to those questions helped inform the initial concepts and ideas before design began in earnest. Phase 2 was Formal Community Design Engagement, which took place from October 2022 to December 2023. This is the main component of community and resident engagement that informed design. The Community Engagement Report included in the Supplemental Documents section of this Project Description further outlines this period of the engagement process. The activities that took places were town hall style meetings, small group meetings, bus tours, various written communication and other activities. Residents were informed about what changes their feedback resulted in. Phase 3 is Post -Entitlements and Construction Outreach. This phase has not yet begun, but it is part of ongoing engagement where we will continue to provide information on the development process to impacted households, inform leaders and elected officials about the development timeline, and be available for community stakeholder input. Photos from various townholls Item 10: Staff Report Pg. 132 Packet Pg. 364 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT AttachmentG Project ommons Description and 30, 2024 3. Project Details Justification of Concessions and Waiver) a. Site The project site, 3980 El Camino Real is currently the Buena Vista Mobile Home Park. The overall site has a gross area of 4.5 Acres and is situated alongside the commercial corridor of El Camino Real. Today is contains a variety of housing types- including RVs, park model RVs, mobile homes, cottages, and a single-family home. The site also includes an amenity building comprising laundry and shower rooms, as well as a small office area. The site is located in the Barron Park neighborhood of Palo Alto, and has one street frontage along Los Robles Ave. It can also be accessed from El Camino real via an access easement on the adjacent property. Immediately north- east of the site is a multi -tenant commercial building and a Valero gas station. On the south-west side, the site is adjacent to another affordable housing property (Oak Manor Townhouses). The site abuts lower density housing developments on the north-east and across Los Robles. The site is not located in a special flood hazard area as determined by FEMA. It is located in a liquefaction zone, but not in a delineated earthquake fault zone as identified by the California Geologic Surveys regulatory Zone map of Earthquake Zones. To create the new apartment building Buena Vista Commons, the existing site will require a parcel split. The resultant 1.69 Ac parcel to the south-west is proposed as the site for the apartment building. The remainder is envisioned to continue being mobile home park- with upgraded units and new utilities. The site is currently owned by the Santa Clara County Housing Authority (SCCHA), through the subsidiary entity of Poco Way HDC. SCCHA acquired the Park in 2017, with financial contributions made by the City of Palo Alto and County of Santa Clara. Vicinity Map showing the overall site and proposed parcel split Item 10: Staff Report Pg. 133 Packet Pg. 365 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT AttachmentG Project ommons Description and 30, 2024 1, Justification of b. Design Concessions and Waiver) In early 2019, SCCHA began working with Van Meter Williams Pollack LLP (VMWP) on the redesign and renovation of the Buena Vista Mobile Home Park. Through a series of evolving design challenges and iterations, the design program for the redevelopment ultimately landed on a hybrid model- including a new apartment building and a mobile home park as well as infrastructure upgrades and new amenities. Concept view of Buena Vista Commons Buena Vista Commons is the new apartment building piece of the redevelopment. It is currently envisioned as a 3 -story building with a single street frontage along Los Robles Ave. It comprises 61 units ranging from Junior 1-BRs to 1-, 2- and 3 -BR units. The apartment site also includes an internal street known as Main Street, that provides access to the mobile home park from Los Robles Ave. This will be shared between the two sites via a future access easement. The building is configured as a C -shaped building with a courtyard in the middle. The 2 wings and the courtyard help it connect to the adjacent mobile home park and create a welcoming space with amenities that will be shared by residents of both developments. The courtyard also connects across an private internal street (Street 1) to proposed recreation areas in the mobile home park. This configuration is a result of multiple design iterations and incorporating resident and stakeholder feedback- the massing was flipped around to open up to the mobile home park. The building maintains a generous 60-70' setback from the existing property lines to the side and rear. The adjacent properties to the rear are lower density residential, and the setback is buffered with surface parking and a planting area. The ground floor includes a lobby and 2 office suites- one for onsite Property Management and another for Resident Services. The Lobby and Property Management offices are located at the entry corner at Main Street and Los Robles. This helps to address resident concerns over safety and access to the site. The ground floor also includes a spacious Teen Room that will house the Homework Club. Homework Club is an important part of the Buena Vista community and supports the kids who currently live here. There is also a Community Room located off the central courtyard. Both the Community Room and Teen Room are intended to be shared by residents of the apartment building as well as the residents of the upgraded mobile home park. Other resident amenities in the apartment building include a laundry room, bike room and a storage room. Item 10: Staff Report Pg. 134 Packet Pg. 366 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of The apartment building site will also include 79 surface parking spaces at the side an Concessions and Waivers of these spaces are planned to have EV charging equipment installed at the outset, with the remaining spaces planned to be EV-ready. Rooftop solar panels are also planned for the building. The overall redevelopment plan has a thoughtful landscape design that incorporates resident feedback received over time. It aims to create communal spaces and respite areas across the site. The apartment site includes a courtyard with an outdoor BBQ area and shaded seating. In response to stakeholder feedback about the lack of trees at Buena Vista currently, plenty of planting areas with trees and planned biotreatment are shown throughout the site. In addition to incorporating feedback from residents and stakeholders, the project has been designed to respond to the City of Palo Alto's Objective Design Standards. This entitlements package also includes the streetscape design for the complete site along Los Robles Ave. The current design shows a new sidewalk, new street parking, and planting bulb -outs, all while retaining existing underground and overhead utilities along Los Robles. New utilities serving the apartment building and the mobile home park are planned to be located along Los Robles. c. Sustainability Sustainability is integral to the design of Buena Vista Commons. Green building principles are a key to environmental responsibility and also help us create comfortable, high quality living spaces for future residents - many of whom will be relocating from the current mobile home park. Sustainable design will help to keep the building's operating costs low, while also helping to keep monthly utility bills manageable for the residents. Buena Vista Commons will be designed to meet the City of Palo Alto's Green building ordinance. For new multifamily construction, this entails CALGreen Mandatory Plus Tier 2 with local amendments. The project is also currently aiming to meet LEED for Homes- which promotes the design and construction of high-performance green homes. A combination of these two rating systems will ensure a comprehensive approach to green design that translates across design disciplines. Planned features at this time include: rooftop solar panels, EV charging, low -flow water fixtures, Energy Star appliances and biotreatment areas spread across the site. Item 10: Staff Report Pg. 135 Packet Pg. 367 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 d. Affordability Justification of Concessions and Waivers Buena Vista Commons will provide 61 rental apartments comprised of a mix of studio/junior one -bedroom (with an embedded bedroom), one -bedroom, two -bedroom, and three -bedroom apartments. The apartments will have affordability restrictions at or below lower income levels, defined as 80% of the area median income. In practice, it is our intention and plan to provide the affordable units at lower income levels as determined by multiple regulatory agreements that will be held on the property including those held with the California Tax Credit Allocation Committee (CTCAC) and the tri-party regulatory agreement that is held between the City of Palo Alto, County of Santa Clara, and Santa Clara County Housing Authority. A development goal of Buena Vista is to maintain it as an affordable housing asset for the long-term, while preventing the displacement of all existing households. To that aim, any households currently residing at the Buena Vista site who are moderate or high -income will be allowed to remain, however, those units will be made available to lower income households at affordable rents after the returning households voluntarily vacate their units. This provision is codified in the tri- party regulatory agreement. The tables below show the current income limits of eligible households, based on household size, as determined by the CTCAC. The 80% of AMI incomes affording to California Department of Housing and Community Development (HCD) are included for reference, as these figures are what the City of Palo Alto uses to define "low income." 2023 CTCAC Income Limits 30% Income Level 50% Income Level 60% Income Level 80% Income Level HCD 80% Income Level (For reference on 1 Person Household $ 31,080 $ 51,800 $ 62,160 $ 82,880 $ 96,000 2 Person Household $ 35,520 $ 59,200 $ 71,040 $ 94,720 $ 109,700 3 Person Household $ 39,960 $ 66,600 $ 79,920 $ 106,560 $ 123,400 4 Person Household $ 44,370 $ 73,950 $ 88,740 $ 118,320 $ 137,100 5 Person Household $ 47,940 $ 79,900 $ 95,880 $ 127,840 $ 148,100 6 Person Household $ 51,480 $ 85,800 $ 102,960 $ 137,280 $ 159,050 7 Person Household $ 55,020 $ 91,700 $ 110,040 $ 146,720 $ 170,050 8 Person Household $ 58,590 $ 97,650 $ 117,180 $ 156,240 $ 181,000 The project's monthly rents are determined by the CTCAC to ensure that rents are affordable to the lower -income residents earning between 30% to 80% of AMI. The following table shows the range of net rents (after utilities) currently projected to be charged to residents during the first year of operations based on CTCAC's currently published rents. We note that if the project were to receive project -based rental assistance, the rents paid by residents could be even lower, as they would only need to pay 30% of their income towards rent. Unit Type Monthly Rent Junior 1 -Bedroom Apartment 1 -Bedroom Apartment $829-2,677 $882-2,677 2 -Bedroom Apartment $595-3,212 3 -Bedroom Apartment $1,203-3,711 Item 10: Staff Report Pg. 136 Packet Pg. 368 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of Concessions and Waive) rs The following table summarizes the income and rent restrictions that will apply to this project to receive the state density bonus. Unit Type Number of Units Unit Square Footage (approx.) Maximum Affordability Restriction* Junior 1 -BR 1 -BR Apartment 2 27 16 15 490 SF 460-485 SF 80% of AMI 80% of AMI 2 -BR Apartment 700-785 SF 80% of AMI 3 -BR Apartment 920-975 SF 80% of AMI Total Restricted Units 60 Total Non -Restricted Units (Manager) 1 (2 -BR Unit) TOTAL PROJECT UNITS 61 *Existing tenants at the property will be allowed to return to the apartment regardless of whether they income qualify at move -in. Those units are considered as restricted low-income units because the tri-party regulatory agreement requires that future units will be made available to lower income households at affordable rents after any initial moderate or high -income households voluntarily vacate their units. After any initial moderate or high - income households vacate their units, those units will continue be restricted as low-income units with affordable rents for at least an additional 55 years or greater. Item 10: Staff Report Pg. 137 Packet Pg. 369 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 4. Zoning and Justification of Concessions and Waivers Development Standards a. Comprehensive Plan and Zoning Code The 2030 Comprehensive Plan land -use designation for the site is "Multi -Family Residential", and the site is currently zoned "RM-20". As per PAMC 18.13.010: RM-20 is a low -density multiple family residence district is intended to create, preserve and enhance areas for a mixture of single-family and multiple family housing which is compatible with lower density and residential districts nearby, including single-family residence districts. The RM-20 residence district also serves as a transition to moderate density multiple family districts or districts with nonresidential uses. Permitted densities in the RM-20 residence district range from eight to twenty dwelling units per acre. COMPREHENSIVE PLAN Multi -Family Residential Commercial and Retail uses that serve the immediate neighborhood, Mixed - Allowed Uses use (housing+retail) CURRENT ZONING Zoning District: RM-20 Multi -family housing compatible with lower density and residential districts Allowed Uses nearby, including single-family residence districts [transition district]. Height Limit 30' 20 du/ac Max Density Setbacks Front yard: 20' Interior Side yard: 10' Interior Rear yard: 10' Street Side and Rear yards: 16' Site open space 35% min. Usable open space 150 sq ft per unit min. Common open space 75 sq ft per unit min. Private open space 50 sq ft per unit min. Max FAR 0.5 1 per micro/studio unit, 1 per 1 -bedroom unit, 2 per 2 -bedroom or larger unit (at least one covered). Parking Tandem parking allowed for any unit requiring two spaces, up to a maximum of 25% of total (Multi -family residential) required spaces. 1 bike parking space per unit (100% long-term) Item 10: Staff Report Pg. 138 Packet Pg. 370 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of b. Eligibility for Streamlining concessions and Waivers The project uses The Housing Crisis Act (SB 330) and the California State Density Bonus Law (AB 1763). The eligibility for both laws is as described: The project meets eligibility criteria under SB 330 because it complies with the following provisions: 1. The project will replace all existing or demolished protected units. 2. The project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existing on the project site within the last five years. 3. Existing residents are allowed to occupy their units until six months before the start of construction. 4. The developer agrees to provide the affordable rental unit occupants relocation benefits and a right of first refusal for units available in the new development at an affordable rent for the household. The project meets eligibility criteria under AB 1763 because it complies with the following provisions: 1. One hundred percent of the total units are for lower income households except that 20 percent of the total units may be for moderate -income households. 2. The applicant agrees and ensures the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years. 3. For a one hundred percent affordable project, rent for 20 percent of the units shall be set at affordable rent using definitions in the Health and Safety Code, and rent for the remaining units may be regulated using rents and incomes as determined by CTCAC regulations. Note that all our waivers and concessions are in the interest of maintaining the project's feasibility. These waivers and concessions help to reduce development costs without compromising the quality, livability, and durability of the development we will build. We have worked with our General Contractor, Nibbi Brothers Associates, to estimate impact of not receiving the waivers and concessions. In total, obtaining these waivers/concessions brings the project cost down by more than $1 million. While we understand it is disappointing to see some of the city's objective standards relaxed, the city also benefits from the project by seeing its affordable housing stock and RHNA numbers increase because of our development. Additionally, the city can feel confident that this housing stock will remain affordable in perpetuity with the Housing Authority, the City and the County maintaining long-term control over the property. Without the waivers and concessions, it would not be possible to utilize the bonus units allowed under the state density bonus law. And, in our current moment, it is more important than ever that we closely monitor project costs and ensure we have a cost-efficient building, as funding for affordable housing developments is significantly limited at the Local and State level. c. Regulatory Agreement Currently, there is a tri-party regulatory agreement held by the City, County, and Housing Authority. It restricts all units under an affordability covenant for 75 years from 2017. It is expected that this regulatory agreement will be amended and recast by the time of construction start, starting a new 75 year term to ensure the long-term affordability for 100% of units. Item 10: Staff Report Pg. 139 Packet Pg. 371 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of d. Modifications under State Density Bonus Law Concessions and Waivers Since the residences will be 100% affordable for lower -income households, the project qualifies for an 80% density bonus, four incentives or concessions, and unlimited waivers under the State Density Bonus Law (AB 1763). The project also utilizes the by -right parking incentive associated with this law. The project seeks four concessions. Together, these concessions result in actual, identifiable cost reductions by allowing a more efficient building and site design that results in a net reduction in the cost per dwelling unit of construction. The concessions, with estimated cost savings identified. Additionally six waivers, which would otherwise prevent the development from achieving the density its allowed under the State Density Bonus Law, are identified below as well. Concession 1: Facade breaks The general contractor estimates an added cost of more than $500k to meet the design standards. Increasing the depth of facade breaks from two to four feet increases skin material cost and framing wall costs. In addition, this change might make current unit layout unrealistic, and increase the square footage of the building. Concession 2: Ground floor unit direct connection to path or common open space The general contractor estimates an added cost of approximately $350,000 to add direct connections from units to an outdoor pathway or common open space. Additionally, private open space would infringe upon the amount of common open space we can provide. Furthermore from an operations standpoint, in affordable housing, the best practice is to have a single point of entry for resident security and safety. And, considering equity, it is unfair to offer select residents' private entries when other units cannot offer that amenity. Concession 3: Percentage of frontage dedicated to utilities/parking/driveway The general contractor estimates that changing the utility design would add more than $100k to the project budget. Reducing the available space for utilities along building's front facade will push mechanical areas to the rear of the building, and thus increase the length of joint trench and utility lines to the street. Concession 4: Private Open Space The apartment does not have any private open space. To provide private open space for every unit, it would require balconies to be built. Each balcony adds approximately $35,000 to the project budget, according to the general contractor. On the ground floors, it will also reduce the amount of public open space that is available, and it will impact the building footprint by encroaching upon setbacks. Balconies have been proven over time to pose significant challenges in multifamily affordable projects. They add significant cost to the project, and during operations, pose several different kinds of risk: construction defects and waterproofing issues, wear and tear, and being used as storage, despite prohibitions in lease agreements, which create additional enforcement issues for management. Instead, we are providing high quality open space throughout the apartments and the mobile home park. Item 10: Staff Report Pg. 140 Packet Pg. 372 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of Waiver 1: FAR l.,�oncessions and Waivers The allowed Floor -Area ratio is 0.5, however, the proposed project has a ratio of 1.00. Reducing the FAR will result in a loss of density. Waiver 2: Height We are proposing to modestly exceed the height limit. Maximum height allowed by zoning on this site is 30 feet. Buena Vista Commons proposes three stories that partially exceeds the height limit due to its parapets and stair penthouse. The parapets rise to 37 feet and six inches, when measured from the lowest adjacent grade. For Buena Vista Commons to provide the same number of units and be below the height limit, we would need to put third floor units at the lower levels. To do that, it would require widening the base of the building. As a result, the foundation would become much larger. That is not possible given the size of the parcel, thereby prohibiting the project from achieving the density it is allowed under the State Density Bonus Law. Waiver 3: Site Open Space Zoning requires that 35% of the site be open space. The proposed project has 24% allocated toward open space. Achieving the amount of open space required would decrease the size of the building, causing a loss of units. It is necessary to have this waiver to maintain the density allowed under the State Density Bonus Law. In addition, there will effectively be a shared use with the mobile home park open space, which is not contemplated in the application for the apartments. Waiver 4: Tree Canopy Cover in the Parking Area Zoning requires tree plantings to shade 50% of the parking lot surface area within 15 years. The proposed project achieves 47% tree canopy cover over surface parking area. As per the State density bonus law's parking incentive, we are required to provide 77 parking spaces. Additionally, as per city comments, we are also required to provide 1 loading space onsite. Parking is extremely impacted at family housing properties and parking has been a consistent concern voiced by residents overtime. We are currently showing 79 spaces. Increasing the canopy cover further to 50% would result in the loss of parking spaces, dropping the overall parking count to below 77- thereby impacting the number of dwelling units proposed. However, in response to ARB comments, we have made changes to improve the canopy cover from 33% in the previous iteration to 47% in the current resubmittal. Waiver 5: Reduction in Street Trees The city's objective design standards require one street tree for every 30 linear feet of sidewalk length and located within 6 feet of the sidewalk. We are unable to provide this along the Los Robles Ave frontage due to the presence of a 10' storm drain easement controlled by Santa Clara County Valley Water District (Valley Water). As per Valley Water comments, no trees or wooded plants may be planted in their easement area. For Parcel A, we are able to push the proposed trees out of the easement area (further than 6' behind the proposed sidewalk). However, for Parcel B, we do not have the space to push trees out of the easement. Thus we are only able to provide 6 trees where 19 are required. Waiver 6: Private street width The city's subdivision code requires a minimum width of 32' for private streets that serve 5 or more lots. In this case, this requirement applies to Street 1, which will serve both the apartment building and the mobile home park. Street 1 is currently shown as 26'-6" clear. The project requests a waiver from this requirement as widening this street would reduce the footprint of the building and result in a loss of density. Item 10: Staff Report Pg. 141 Packet Pg. 373 of 692 Item 10 STREAMLINED HOUSING DEVELOPMENT Attachment G Project ommons Description and 30, 2024 Justification of e. Relocation and Displacement Concessions and Waivers The proposed project will require some amount of relocation and displacement for a number of existing households who currently live at Buena Vista Mobile Home Park. The manner in which relocation will take place has not been determined yet. A relocation plan is being developed currently. It will be circulated for public review and adopted by a public agency prior to it being applied. Displaced residents will receive any relocation benefits that they are entitled to in accordance to all State and Federal relocation law that is associated with public financing. It is a high priority to minimize impact to displaced households including ensuring that impacted children can continue to attend their current schools throughout the duration of construction. Item 10: Staff Report Pg. 142 Packet Pg. 374 of 692 Item 10 Attachment H: Project Plans Attachment G Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to Board members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Directions to review Project clans online 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find "3980 El Camino Real" and click the address link 3. On this project specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage 3980 El Camino Real — City of Palo Alto, CA Item 10: Staff Report Pg. 143 Packet Pg. 375 of 692 Item 11 Item 11 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: ACTION ITEMS PALO Lead Department: Planning and Development Services ALTO Meeting Date: June 18, 2024 Report #:2402-2622 TITLE PUBLIC HEARING: Adoption of a Resolution Implementing the North Ventura Coordinated Area Plan (NVCAP), Amending the City's Comprehensive Plan and Certifying the Supplemental Environmental Impact Report, Including a Statement of Overriding Considerations; and FIRST READING: an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, and 16.65 in the Palo Alto Municipal Code as Well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area. CEQA Status -- Supplemental Environmental Impact Report SCH #2023020691. RECOMMENDATION Staff recommend the City Council: 1. Adopt a Resolution (Attachment A) implementing the NVCAP and approving associated environmental work, including: a. Certify the Supplemental Environmental Impact Report (SEIR) b. Make the findings required by California Environmental Quality Act (CEQA), including a Statement of Overriding Considerations c. Adopt the Mitigation Monitoring and Reporting Program d. Adopt the NVCAP and amend the 2030 Comprehensive Plan 2. Introduce an Ordinance (Attachment B) to: a. Adopt a new Chapter 18.29 (North Ventura (NV) District Regulations) in the Palo Alto Municipal Code and make other amendments to Title 18 (Zoning) to implement the NVCAP b. Amend Chapter 16.65 (Citywide Affordable Housing Requirements) c. Amend the Zoning District Map and re -zone parcels within the NVCAP area EXECUTIVE SUMMARY In November 2017, the City Council initiated the NVCAP process. Soon after, the Council adopted goals and objectives and appointed Working Group members to guide the plan's development. The Working Group convened to discuss the plan's components and develop Item 11: Staff Report Pg. 1 Packet Pg. 376 of 692 Item 11 Item 11 Staff Report alternatives for consideration by the Planning and Transportation Commission (PTC) and the City Council. In January 2022, the City Council endorsed a Preferred Plan, which was further refined in November of the same year. A draft NVCAP reflecting the Council's direction was released in May 2023, and staff received feedback from both the PTC and the Architectural Review Board (ARB). On March 8, 2024, the City released the Revised Public Draft NVCAP along with Draft Supplemental Environmental Impact Report (SEIR) to solicit public comment on both documents. The 45 -day comment period required by the California Environmental Quality Act (CEQA) ended on April 22, 2024. Staff received three public comment letters and one oral comment. The Final SEIR (Attachment C) addresses comments on the Draft SEIR and provides environmental analysis related to NVCAP implementation, including a finding of significant unavoidable impacts related to air quality and cultural resources necessitating Council agreement of a statement of overriding considerations to approve the plan. Consideration of the NVCAP by the City Council is a major milestone; a culmination of extensive community outreach reflecting input from decision -makers and stakeholders during multiple public hearings on the plan alternatives, and the refinement of the Council -endorsed preferred alternative plan by consultants and staff. The Final Draft NVCAP (Attachment G) incorporates the feedback received from both the PTC and Architectural Review Board (ARB) on the previous versions, wherever feasible and appropriate. The NVCAP will be implemented through the draft zoning ordinance (Attachment B). A new chapter (18.29) will be added to the Palo Alto Municipal Code (PAMC) to establish zoning districts and standards specific to the NVCAP. The report outlines the methodology used to develop the zoning ordinance and explains its relationship to the 2023-2031 Housing Element (Housing Element) and 2030 Comprehensive Plan (Comprehensive Plan). BACKGROUND The NVCAP area lies within the Ventura neighborhood of Palo Alto. It is comprised of approximately 60 acres, roughly bounded by Page Mill Road, El Camino Real, Lambert Avenue, and the Caltrain tracks. The plan area is near key community destinations such as the California Avenue Business District; California Avenue Caltrain Station; and Stanford Research Park. Coordinated Area Plan The City's Comprehensive Plan, adopted in 2017, called for site specific planning in the North Ventura area. The City secured grant funding in 2017 to initiate the NVCAP project. On March 5, 2018, the City Council adopted seven goals and six objectives (Attachment E). Goals include adding to the City's supply of multi -family housing, developing a transit accessible neighborhood with retail services, creating a connected street grid, developing community facilities, and encouraging sustainability. Item 11: Staff Report Pg. 2 Packet Pg. 377 of 692 Item 11 Item 11 Staff Report Upon adoption, the NVCAP will become an appendix to the Comprehensive Plan. It will serve as a guide for creating a walkable neighborhood within the plan area with housing options and improved connectivity for pedestrians, cyclists, and other modes of transportation. The NVCAP will provide a comprehensive policy framework which, in conjunction with the zoning ordinance, will implement the vision for the plan area. Coordinated Area Plan Process Development of the NVCAP followed the process contained within PAMC 19.10, Coordinated Area Plans. This chapter provides details on coordinated area plan initiation, plan development procedures, including the creation of goals and objectives; community involvement (the formation of a working group); public hearings, and adoption. The nearly seven-year process of developing the NVCAP has involved an extensive public engagement, including two community workshops, 17 Working Group meetings, 6 Stakeholder Group meetings, and 2 online surveys in addition to numerous public hearings with the City Council and Planning and Transportation Commission. Table 1 highlights the key milestones in the process. Additional information on prior meetings can be found on the NVCAP project website at www.cityofpaloalto.org/nvcap Table 1: Notable Project Milestones Date Milestone November 6, 2017 City Council initiated the coordinated area plan process March 5, 2018 City Council adopted Goals & Objectives for the plan April 30, 2018 City Council appointed members of the working group March 10, 2021 PTC recommendation on Preferred Plan January 10, 2022 City Council endorsed a Preferred Plan alternative November 14, 2022 City Council further refined the endorsed plan May 2023 Public Draft NVCAP published May 31, 2023 Study Session with Planning and Transportation Commission June 1, 2023 Study Session with Architectural Review Board June 8, 2023 Study Session with Historic Resource Board March 8, 2024 Revised Public Draft NVCAP and Draft SEIR released April 18, 2024 Study Session with Architectural Review Board on the Draft Zoning Ordinance and public hearing to solicit oral comments on the Draft SEIR April 22, 2024 Last day of the 45 -day Public Comment Period May 8, 2024 PTC recommendation hearing for adoption of NVCAP and NVCAP zoning ordinance June 17, 2024 Last day of the 10 -day Final SEIR Circulation Period June 18, 2024 City Council consideration of SEIR, Final Draft NVCAP, and NVCAP zoning ordinance Item 11: Staff Report Pg. 3 Packet Pg. 378 of 692 Item 11 Item 11 Staff Report Endorsed Preferred Plan Concept The City Council endorsed a preferred land use plan for NVCAP in January 20221 and further refined the endorsed plan in November 20222. The staff reports from January and November 2022 contain additional background on the Preferred Plan development process. Attachment D summarizes the endorsed preferred alternative and the Council refinements. In summary, the Preferred Plan endorsed by the City Council includes: • 530 net new dwelling units • Transitioning office space to housing • Adaptive re -use of the former cannery • Naturalization of Matadero Creek • No parking minimums or maximums with NVCAP • Focusing greater densities along El Camino Real and Park Boulevard A draft plan was released in May 2023 based on Council's direction and further refinements of the Preferred Plan by staff and its consultants for consistency with state law and the Palo Alto Municipal Code (PAMC). Revised Draft NVCAP Staff presented the May 2023 Public Draft NVCAP at study sessions with the PTC on May 31, 20233, and ARB on June 1, 20234. The PTC and ARB's comments and staff responses are included in the matrix in Attachment F. Based on feedback at the study sessions, the draft NVCAP was revised, where appropriate. In addition to incorporating comments received from the PTC and ARB, staff made further refinements to streamline the document. The Revised Public Draft NVCAP was published on March 8, 2024 along with the Draft SEIR. Sobrato Development Agreement In parallel to the NVCAP process, the Sobrato Organization, LLC (Sobrato) proposed the 200 Portage Avenue Townhome Project, which included, among other project details, demolition of a portion of the cannery building at 340 Portage Avenue to accommodate the new development. In September 2023, the City Council approved a Development Agreement with Sobrato for the redevelopment of a combined project site encompassing 14.65 acres at 200- 404 Portage Avenue, 3040-3250 Park Boulevard, 3201-3225 Ash Street, and 278 Lambert Avenue. The development agreement included demolition of a portion of the cannery site to accommodate the townhome development and dedication of approximately 3.25 acres of land 1 January 10, 2022 City Council Staff Report: https://www.cityofpaloalto.org/files/assets/public/v/5/agendas- minutes-reports/agendas-minutes/city-council-agendas-minutes/2022/20220110/20220110pccsm-linked- updated.pdf#page=150 2 November 14, 2022 City Council Staff Report: https://www.cityofpaloalto.org/files/assets/public/v/1/planning- amp-development-services/north-ventura-cap/nvcap-nov-14th-cc-packet 1.pdf 3 May 31, 2023 PTC Staff Report: https://www.cityofpaloalto.org/Departments/Planning-Development- Services/Planning-and-Transportation-Commission-PTC/Current-PTC-Agendas-Minutes 4 June 1, 2023 ARB Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/architectu ral-review-board/2023/arb-6.01-nvcap.pdf Item 11: Staff Report Pg. 4 Packet Pg. 379 of 692 Item 11 Item 11 Staff Report to the City adjacent to Matadero Creek for park and affordable housing uses. The development agreement was approved by the City in October 2023 and became effective November 1, 2023. The Sobrato development is generally consistent with the proposed NVCAP zoning ordinance development standards. However, because the project was submitted and entitled prior to adoption of the NVCAP, it is not subject to the new NVCAP standards. When the 10 -year term of the development agreement ends, conformance with the NVCAP will be required for all new projects in the development agreement area. Economic Feasibility Stud An initial economic feasibility study, prepared in November 2020, assessed three land use alternatives. Much of the residential development in two of the lower density alternatives (Alternative 1 and 2) was identified as unlikely to be financially viable due to height and parking restrictions. Among the alternatives considered, Alternative 3, with the highest density and lower parking requirements, was the only alternative concluded to be financially viable. In March 2021, a supplemental economic feasibility study was prepared to assess the shortfall or funding gap for one of lower -density alternatives (Alternative 2) and the feasibility of a third alternative (Alternative 3) with an inclusionary requirement exceeding the current 15 percent standard. After reviewing the draft NVCAP in May 2023, the PTC requested an additional study because the City Council endorsed Preferred Plan was more similar to Alternative 1, the alternative with the lowest density, which was not part of the supplemental economic feasibility study prepared in March 2021. The requested study, however, was not prepared due to budget constraints as detailed in the fiscal analysis section of this report. Feedback from Architectural Review Board On April 18, 20245, the ARB conducted a public hearing to allow for comments on the Draft NVCAP and Draft SEIR. In a study session, they also reviewed and provided feedback on the draft NVCAP zoning ordinance. The ARB discussed development standards (Section 18.29.060) specifically and recommended several changes to the staff recommendation. These included recommendations related to increasing lot coverage and maximum height limits, reducing setbacks, encroachment of subsurface structures into setbacks, and certain lot coverage allowances for these encroachments. Since the NVCAP was discussed as a study session item, there was no formal motion. However, the ARB held an unofficial vote for the recommended changes, which passed with a 3-0-2 vote. The suggestions from ARB are detailed in the Analysis section. Planning and Transportation Commission Recommendations On May 8, 20246, the PTC reviewed the NVCAP project documents, focusing on development standards, particularly building heights and daylight impacts. The PTC discussed concerns with the height limit in the NV-MXM zoning district, since some locations border low -density 5 April 18, 2024 ARB Staff Report: https://www.citVofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-m inutes/architectu ral-review-board/2024/arb-4.18-nvcap.pdf 6 May 8, 2024 PTC Staff Report: https://www.cityofpaloalto.org/files/assets/public/v/3/agendas-minutes- reports/agendas-minutes/planning-and-transportation-commission/2024/ptc-5.08-nvcap-3.pdf Item 11: Staff Report Pg. 5 Packet Pg. 380 of 692 Item 11 Item 11 Staff Report residential areas. The PTC also reiterated the need for additional economic analysis related to the NVCAP and requested a map clarifying Street Yard setback requirements. The PTC unanimously recommended the NVCAP for adoption along with the draft zoning ordinance but made several modifications to the staff recommendation to forward for the City Council to consider. The PTC voted 6-0-1 to recommend the City Council: 1. Consider the Draft Supplemental Environmental Impact Report 2. Adopt the NVCAP, including staff recommended modifications 3. Adopt a Draft Ordinance to: a. Add a new Chapter 18.29 (North Ventura (NV) District Regulations) in the Palo Alto Municipal Code and make other amendments to Title 18 (Zoning) to implement the NVCAP b. Amend Chapter 16.65 (Citywide Affordable Housing Requirements) c. Amend the Zoning District Map and re -zone parcels within the NVCAP area With the following modifications: 1. Extend the existing special setback requirement on Park Boulevard, which stops on Lambert Avenue, to Page Mill Road (not reflected in the Final Draft NVCAP; see Additional Recommendations Considered but Not Incorporated in the Analysis section of this report) 2. Ensure that the daylight plane requirements for the NVCAP be consistent with the comparable zoning districts (incorporated into the NVCAP Ordinance, Attachment B) 3. Confirm the City Council's awareness of the economic feasibility study requirement per PAMC Chapter 19.10 (see Economic Feasibility Study in the Background section of this report) 4. Increase the maximum height for NV -R1 and NV -R2 zoning districts to 35 feet (incorporated into the Final Draft NVCAP) 5. Prepare a diagram to show Street Yard setbacks for NVCAP (Attachment I includes a map of the NVCAP zoning districts with street yard setback requirements) The PTC made a separate motion for the NV-MXM maximum height limit, which passed with a 4-2-1 vote: 6. Change the maximum height for the NV-MXM zoning district to 45 feet Two public speakers attended and commented on the NVCAP. Feedback was provided regarding the NVCAP project's timing in relation to approved or proposed development in the coordinated area plan boundary, potential harm to trees by allowing basement encroachment into setback areas, and the potential for developers to take advantage of increased development potential through use of State Density Bonus law. Item 11: Staff Report Pg. 6 Packet Pg. 381 of 692 Item 11 Item 11 Staff Report ANALYSIS The NVCAP represents an important opportunity to plan proactively for a transit -oriented, mixed -use, mixed -income, and walkable neighborhood. The NVCAP sets forth a vision that is responsive to the history and unique character of the North Ventura neighborhood; considers the needs of current residents; puts forward near -term solutions to current challenges; establishes a long-term framework for desired growth so that more people can call North Ventura home; and invests in community infrastructure to support an equitable, resilient, and sustainable Palo Alto. In November 2018, Council adopted the following six goals that were intended to help guide development of the NVCAP: 1. Housing and Land Use: Add multifamily housing in a transit -accessible neighborhood with mixed uses. 2. Transit, Pedestrian and Bicycle Connections: Create well-defined connections to transit and major roads. 3. Connected Street Grid: Create a connected street grid. 4. Community Facilities and Infrastructure: Integrate development of new services with private development. 5. Balance of Community Interests: Balance community -wide objectives with residents. 6. Urban Design, Design Guidelines and Neighborhood Fabric: Develop human -scale design and guidelines that strengthen neighborhood fabric. Supporting these goals are six objectives: • Use a Data Driven Approach • Create a Comprehensive User -Friendly Document and Implementation • Provide a Guide and Strategy for Staff and Decision -Makers • Include Meaningful Community Engagement • Determine Economic Feasibility • Complies with California Environmental Quality Act Throughout the plan development process, staff ensured that the NVCAP was substantially consistent with the adopted goals and objectives. Attachment E includes consistency analysis of each goal and objectives. NVCAP Summary The following summarizes the content of the NVCAP, released in March 2024. More detailed consistency analysis for each goal and objective for the NVCAP is included in Attachment E. Chapter 1: Introduction The introduction chapter provides an overview of the NVCAP physical and regulatory context. The plan is shaped by the project goals and objectives, adopted and in -progress City plans and policies, recently enacted regional and state laws, and the comprehensive planning process. Item 11: Staff Report Pg. 7 Packet Pg. 382 of 692 Item 11 Item 11 Staff Report Chapter 2: Vision The Vision chapter summarizes each framework that was built upon the goals and objectives of the NVCAP. These include: • Urban design frameworks that calibrate the optimal mix of uses (Housing and Land Use); • Support a multi -modal mobility framework within the neighborhood (Transit, Pedestrian and Bicycle Connections) and how it connects to the rest of the City and the region (Connected Street Grid); • Foster a regenerative and ecological framework to support the health of humans and wildlife while supporting the implementation of City's Climate Action Plan (Community Facilities and Infrastructure and Balanced Community Interests); and • The neighborhood's context -specific urban form (Urban Design, Design Guidelines and Neighborhood Fabric). This chapter also includes land use programs that describe 530 net new dwelling units, approximately two acres of a potential park, and reduction of commercial space (office and retail) within the plan area, along with the land use map. Design Standards and Guidelines (Chapters 3-6)— includes requirements that govern the construction and modification of the public realm including streets and open space, as well as new buildings. Standards are quantifiable, whereas guidelines are qualitative requirements. The following chapters include design standards and guidelines for the NVCAP: Chapter 3: Public Realm The Public Realm chapter includes requirements and guidelines that govern the construction and modifications of the public realm, including the sidewalk zone, traffic lanes and intersections, green infrastructure, paving, exterior lighting, wayfinding, and public art. These design standards and guidelines help achieve developing a human - scale neighborhood that strengthens and supports the neighborhood fabric. The standards and guidelines for the public realm also support the improved mobility network envisioned for the NVCAP by providing a better pedestrian and bicycle experience. Chapter 4: Accessibility and Mobility The Accessibility and Mobility chapter contains design standards and guidelines for multi -modal frameworks described in Chapter 2. The chapter also includes design concepts for gateway intersections and street design standards and guidelines. These contribute to creating and enhancing well-defined connections to transit, pedestrian, and bicycle facilities, as well as a connected street grid within the plan area. Additionally, standards and guidelines are provided for the pedestrian realm and bike network, addressing first/last mile connections and bicycle facilities as shown in Chapter 2. This will support achieving the goals and objectives of the NVCAP. The chapter also includes standards and guidelines for transit access, vehicular circulation and parking, and TDM strategies. Item 11: Staff Report Pg. 8 Packet Pg. 383 of 692 Item 11 Item 11 Staff Report Chapter 5: Parks and Open Space The Parks and Open Space chapter contains design standards and guidelines that govern improvements within park and open space areas such as Matadero Creek and the future public park. During the public engagement process, the community and working group members showed a great interest for naturalization of Matadero Creek, which is located in the northwest corner of the plan area near the intersection of Park Boulevard and Lambert Avenue. The NVCAP mandates a 100 -foot riparian buffer around Matadero Creek to create an opportunity for the future naturalization. This chapter also discusses development of a public park near the creek. Additional standards and guidelines on programming and natural planting that protect the natural environment are included in this chapter to further develop and strengthen the neighborhood fabric. Chapter 6: Site and Building Design The Site and Building Design chapter contains design standards and guidelines for desired future built form and sets aspirations for how new buildings will contribute to the character of the NVCAP as it develops incrementally over time. It describes how building height and massing regulations are intended to respect the scale and character of the surrounding residential neighborhood as well as supporting the neighborhood fabric. The chapter also includes design standards and guidelines for integrating building frontages to ensure that required and encouraged ground floor uses are well integrated into the neighborhood. In addition, to protect and enhance the environment while addressing the principles of sustainability, the chapter describes various sustainable design standards and guidelines. Chapter 7: Implementation The Implementation chapter outlines the necessary steps to fulfill the vision of the plan, including funding, financing strategies, and capital investments. The chapter describes how the NVCAP document and NVCAP zoning ordinance would be used in conjunction with the rest of the zoning standards in PAMC Title 18. It also includes a list of implementation actions to achieve the NVCAP goals. Each action includes a description, as well as the responsible parties for implementation and the timeframe. Naturalization of Matadero Creek and development of a public park near Matadero Creek are identified as long-term infrastructure implementation actions. Additionally, several parking management related implementation actions are identified with mid-term to long-term timeframes. Modifications to the Revised Draft NVCAP While developing the zoning ordinance implementing the NVCAP, staff identified areas where further modifications were required for consistency and feasibility. These modifications were primarily to Chapter 4 (Accessibility and Mobility). Additional modifications were incorporated to address comments received during the 45 -day public comment period of the Draft SEIR and Draft NVCAP. Other modifications include minor text and graphic revisions. The final draft NVCAP, which includes the modifications made since the release in March 2024, can be found Item 11: Staff Report Pg. 9 Packet Pg. 384 of 692 Item 11 Item 11 Staff Report in both clean and marked -up versions in Attachment G. This attachment also includes a matrix listing modifications with reasoning behind each modification. Zoning Implementation Staff prepared a draft ordinance (Attachment B) to implement the NVCAP by rezoning the parcels within the NVCAP area and establishing development standards for new NVCAP zoning districts. Each zoning district within the plan area is identified with the prefix, North Ventura (NV). The new zoning district standards reflect the varying residential and mixed -use densities anticipated within the plan area. Table 2 below summarizes the relationship between the NVCAP land use designations and the PAMC zoning district regulations. Figure 1 depicts the location of each proposed NVCAP zoning district. The NVCAP zoning ordinance chapter is consistent with the structure of other zoning chapters with sections such as permitted uses, development standards, parking and loading, and special requirements. In addition to typical development standards, the NVCAP ordinance includes special requirements specific to the plan area, including office use restrictions, storefront guidelines, and ground floor commercial use regulations. The draft ordinance also references the NVCAP document for several items, including the designated location of required and encouraged ground floor uses, requirements for active ground floor uses, specific site and building design requirements in Chapter 6, and public realm improvements. Both the NVCAP plan document and the NVCAP zoning ordinance are intended to be used together when designing or reviewing development proposals in the plan area. Table 2: NVCAP Land Use Designation & Proposed Zoning District Crosswalk NVCAP Land Use Anticipated Maximum Maximum Floor Allowed Zoning Classification Density Height (FT) Area Ratio (FAR) Districts (DU/AC) High -Density 61-100 65 3.0:1 NV-MXH Mixed -Use Medium -Density 31-70 55 2.0:1 NV-MXM Mixed -Use Low -Density 3-17 35 0.5:1 NV-MXL Mixed -Use High Density 61-100 65 3.0:1 NV -R4 Residential 61-100 65 3.0:1 NV-PF Medium Density 16-30 45 1.5:1 NV -R3 Residential Item 11: Staff Report Pg. 10 Packet Pg. 385 of 692 Item 11 Item 11 Staff Report NVCAP Land Use Anticipated Maximum Maximum Floor Allowed Zoning Classification Density Height (FT) Area Ratio (FAR) Districts (DU/AC) Low Density 1 or 2 units/lot 30 0.45:1 NV -R2 Residential NV -R1 Parks NV-PF Figure 1: NVCAP Proposed PAMC Zoning Designation Map Staff notes that Figure 1 reflects the future vision for the entire NVCAP area. However, in accordance with the Sobrato Development Agreement (Ordinance #5595), areas that were rezoned to Planned Community in accordance with the Development Agreement will not be rezoned as part of the adoption of the draft ordinance. The City Council may consider rezoning and redesignating these parcels once the Development Agreement has expired. Item 11: Staff Report Pg. 11 Packet Pg. 386 of 692 Item 11 Item 11 Staff Report To create the development standards for each of the new NVCAP zoning districts in Chapter 18.29, staff reviewed comparable existing zoning districts in the PAMC. Development standards and permitted uses within each of the NVCAP zoning districts were selected to align with NVCAP's goals, including the addition of 530 net new dwelling units. These standards primarily focus on density, FAR, height limits, and setback requirements. Density To establish appropriate density for the NVCAP plan, staff used a one -acre lot as the base to calculate realistic density for each land use designation. Several factors were considered in this calculation, including building height directed by City Council, NVCAP land use designations, and an average unit size of 1,250 square feet to promote diversity in unit sizes within the plan area. Staff employed different FAR levels and the average unit size to arrive at a projected density and building size appropriate for each new NVCAP zoning district. The development standards are also intended to provide transitions between NV districts, and between existing development. Notably, other than the NV -R1 and NV -R2, the NV zone districts do not provide a maximum number of dwelling units per acre, relying instead on FAR and other development standards to control development. FAR The development standards tables include maximum residential FAR, maximum non-residential FAR, total mixed -use FAR, and a minimum mixed -use ground floor commercial FAR for the mixed -use zoning districts. The maximum FAR allowed for the NVCAP is 3.0, exceeding the maximum FAR of 2.0 allowed for other existing zoning districts. This higher FAR is intended to encourage higher density development, especially along El Camino Real and Park Boulevard (particularly for NV -R4 and NV-MXH zones). Maximum Height On April 18, 2024, the ARB conducted a public hearing to allow for comments on the Draft NVCAP and Draft SEIR. Considering the El Camino Real Focus area across from the NVCAP area, which has a maximum height limit of 85 feet, the ARB recommended increasing maximum height limits for NV -R4, NV-MXM, and NV-MXH to 65 feet. In addition, the ARB recommended increasing maximum height limits for NV -R3 to 55 feet. Staff reviewed these suggestions prioritizing minimal impact on neighboring low -density areas and the Council's endorsed preferred land use plan for NVCAP. This led to a recommendation of 45 feet for the NV -R3 and 55 feet for the NV-MXM, which are lower than the ARB's proposals. The PTC expressed concerns about potential impacts on low -density areas. While exploring options like varied height limits for NV-MXM zoning districts, the PTC ultimately recommended 45 -foot height limit, consistent with the Preferred Plan. The existing zoning district currently allows a maximum height of 50 feet. In addition, the El Camino Real Focus Area, which is located across from the plan area, currently allows up to 85 feet in height. As a result, the staff recommended height for the NV-MXM is 55 feet. Staff also modified the daylight plane Item 11: Staff Report Pg. 12 Packet Pg. 387 of 692 Item 11 Item 11 Staff Report requirements to reflect the existing zoning district requirements that minimize impacts low - density residential areas. Table 4 compares NVCAP zoning district heights between Preferred Plan, ARB and PTC recommendations, and staff recommendations. The maximum height limits recommended by staff are reflected in the draft NVCAP zoning ordinance (Attachment B) and can be changed based on City Council direction. Any projects located within the NVCAP may utilize the state density bonus law which could result in a request for modifications to existing applicable development standards. Any projects requesting density bonus would be evaluated pursuant to PAMC Chapter 18.15 (Density Bonus) and could result in taller development with more floor area and use waivers or concessions to modify objectives standards. Table 4: Maximum Height Comparison Maximum Height Limit (feet) Zoning District Preferred Plan ARB Recommendation PTC Recommendation Staff Recommendation NV -R1 NV -R2 30 30 35 35 NV -R3 35 55 55 45 NV -R4 55 65 65 65 NV-MXL 35 35 35 35 NV-MXM 45 65 45 55 NV-MXH 55 65 65 65 Parking AB 2097 exempts development projects within a half mile of transit from minimum parking requirements. The map prepared for the NVCAP initially showed that the entire plan area was within a half -mile radius of the California Avenue Caltrain station, and therefore the NVCAP zoning ordinance did not include parking requirements. However, since the PTC meeting, staff realized the map contained incorrect information, and the NVCAP area includes some parcels outside the half -mile radius. The corrected NVCAP maps are included in Attachment G. To avoid confusion and ensure consistent requirements within individual NVCAP zoning districts, staff recommend no minimum or maximum parking requirements within the NVCAP area. However, if the Council believes there is an interest in having parking requirements for areas of the NVCAP outside of the half -mile radius, the requirements in the proposed zoning ordinance (Attachment B) could be amended. However, within the NVCAP, a transportation demand management plan will be required for all new development projects and any other projects that meet the conditions under PAMC 18.52.030(i). This will help ensure vehicle miles traveled in the NVCAP are properly evaluated and the long-term mobility improvements envisioned for the area are realized. Item 11: Staff Report Pg. 13 Packet Pg. 388 of 692 Item 11 Item 11 Staff Report Other Modifications There are other modifications made to the draft zoning ordinance per ARB and PTC: • Lot Coverage. ARB recommended increasing lot coverage for higher density residential areas, including NV -R3 and NV -R4. The increased lot coverage for NV -R3 (from 40% to 60%) and NV -R4 (from 45% to 80%) has been incorporated into the draft NVCAP zoning ordinance in Attachment B. • Street Yard Setback. ARB recommended a minimum street yard of 10 feet to encourage higher density and provide more flexibility in developing projects. Any street yards exceeding 10 feet were reduced to 10 feet, except for Olive Avenue in R-4, which maintains a minimum 20 feet street yard to reflect the existing stormwater treatment area along Olive Avenue. • Daylight Plane Requirements. PTC recommended the NVCAP daylight plane requirements be made consistent with the requirements in the comparable zoning districts. The draft NVCAP zoning ordinance includes revised language necessary to implement this recommendation. • Maximum Height for NV -R1 and NV -R2. PTC requested to increase the maximum height limits for low density residential zoning districts, NV -R1 and NV -R2, to 35 feet from 30 feet. This has been reflected in the draft NVCAP zoning ordinance. Additional Recommendations Considered but Not Incorporated In addition to other items already discussed above, staff considered the following suggestions and recommendations from the ARB and PTC which have not been incorporated into the staff recommendation based on further analysis. The basis for these recommendations is detailed below. • Setback Measurement and Lot Coverage Calculation. The Palo Alto Municipal Code Title 18 (Zoning) lacks clarity on applying setbacks to basements in multi -family and nonresidential projects. ARB requested specific language be codified to the zoning districts that allow higher density residential (NV -R3, NV -R4, NV-MXM, and NV-MXH) to encroach into front setbacks. However, this policy decision requires further discussion and analysis to determine appropriate standards. In addition, staff believe this is a larger policy decision of whether to allow encroachment of subsurface structures into setback areas, which impacts storm water management compliance, the quality of landscaped areas and tree plantings, groundwater recharge and potentially other considerations. As a result, this ARB recommendation is not reflected in the draft zoning ordinance. • Special Setback on Park Boulevard. The PTC recommended extending the special setback requirement on Park Boulevard, currently ending at Lambert Avenue, to cover up to Page Mill Road. The special setback requirement was not considered previously and the impact on those properties along Park Boulevard within the NVCAP area has not yet been analyzed. In addition, the implementation of a special setback requires additional procedures to notify the property owners and solicit feedback before Item 11: Staff Report Pg. 14 Packet Pg. 389 of 692 Item 11 Item 11 Staff Report implementation. As a result, this PTC recommendation is not reflected in the draft zoning ordinance. Application Review Processing The development applications for the NVCAP will follow the City's entitlement review process in accordance with Title 18 of the PAMC. Development applications in the NVCAP will be reviewed the same way as those in other areas of the City. This typically includes review by the Architectural Review Board and approval by the Director unless appealed to the City Council. A Planning and Transportation Commission hearing would be required for certain permits like a Conditional Use Permit or Tentative Parcel Map. If any project is deemed Housing Development project under the state law, then no more than five public hearings will be included as part of its entitlement review process. New development projects may be able to streamline their environmental analysis by tiering off of the NVCAP SEIR. For this to occur, the project's scope cannot extend beyond the NVCAP's CEQA analysis and would need to show consistency with the environmental analysis of the SEIR. Any projects that have a scope beyond the CEQA analysis prepared for the NVCAP may need to prepare a separate environmental analysis and may not be able to "tier off" from the SEIR. Pipeline Projects Since the onset of the NVCAP project, property owners have been allowed to submit development applications consistent with the existing zoning code. Notable projects submitted and entitled since the NVCAP initiation include 3001 El Camino Rea17, 3200 Park Boulevard8, and 3241 Park Blvd9. The zoning ordinance proposes to exempt these "pipeline projects" from compliance with the NVCAP due to the submittal of a complete planning entitlement application prior to the adoption of the NVCAP and its associated implementing zoning code amendments. POLICY IMPLICATIONS Comprehensive Plan The NVCAP implements one component of Comprehensive Plan Program L.4.10.1, which directs staff to prepare a coordinated area plan for the North Ventura area and surrounding California Avenue area. Program L.4.10.1 outlines that the plan should describe a vision for the future of the North Ventura area as a walkable neighborhood with multi -family housing, ground floor retail, a public park, creek improvements and an interconnected street grid. 3001 El Camino Real: a 100% affordable housing project with 129 units. https://www.cityofpaloalto.org/News- Articles/Planning-and-Development-Services/30013017-EI-Camino-Real 8 200 Portage: a project including partial demolition of cannery, construction of 74 dwelling units and renovation of cannery into research & development space with associated Development Agreement. https://www.cityofpaloalto.org/News-Articles/Planning-and-Development-Services/200-Portage-Avenue 9 3241 Park Blvd: a new 7,861 square foot office building. https://www.cityofpaloalto.org/Departments/Planning- Development-Services/Current-Planning/Protects/3241-Park-Boulevard Item 11: Staff Report Pg. 15 Packet Pg. 390 of 692 Item 11 Item 11 Staff Report The NVCAP provides a land use framework that encourages higher density development, including multifamily residential development and mixed -use development with higher density residential. The NVCAP also supports a variety of housing options, a diverse range of unit sizes and bedroom configurations, and price points to support Palo Alto residents at different stages of life. At build out, the NVCAP would add 530 new dwelling units. Section 2.3 (Ground Floor Edges) shows where ground floor uses would be required (along El Camino Real) and encouraged (other mixed use areas), lists what is considered active ground floor uses, and describes how these uses should be integrated to fit the urban fabric of the North Ventura neighborhood. In addition to the land use framework, the mobility framework in Section 2.4 of the NVCAP emphasizes well-balanced and safe streets, with pedestrian and bicycle facilities designed for all ages, and accessible paths to transit. The NVCAP prioritizes local circulation and access but also envisions a fully integrated transportation network that goes beyond the plan area to ensure seamless connections for all users. Chapter 4 (Accessibility and Mobility) includes gateway intersection concept design and street design standards and guidelines that would support achieving these mobility visions and goals. By incorporating mixed -use development, interconnected streets, and pedestrian facilities, the NVCAP would achieve the walkable neighborhood envisioned in the Comprehensive Plan at buildout. The NVCAP also includes a public park and open space design standards and guidelines that encourage development of a new park, naturalization of the Matadero Creek, and green stormwater infrastructure. Housing Element The Housing Element is one of seven mandatory elements within the Palo Alto Comprehensive Plan, which assesses the condition of the City's current housing and future needs of its residents through citywide housing goals, objectives, and policies. The City is required to update the Housing Element every eight years. The City adopted the 2023-2031 Housing Element in May 2023. A revised Housing Element was considered by Planning and Transportation Commission and City Council at a joint meeting on April 15, 2024 and adopted by the City Council. The Housing Element includes the housing needs assessment, resources and inventory of potential housing sites, housing constraints, and housing element programs or implementation actions. The Housing Element identifies a total of 295 potential housing opportunity sites. Of the total, 17 housing opportunity sites are located within the NVCAP. The Housing Element estimated that the development capacity for these 17 sites would yield over 300 dwelling units. In January 2024, an ordinance implementing Housing Element Program 1.1A and 1.1B became effective, rezoning housing opportunity sites for consistency with the Housing Element. The zoning changes apply to multi -family, commercial, and industrial zoning to accommodate greater housing production, including within the NVCAP. This includes modification of Item 11: Staff Report Pg. 16 Packet Pg. 391 of 692 Item 11 Item 11 Staff Report development standards to increase density and height. For housing opportunity sites, the proposed NVCAP development standards generally have more permissive standards compared to development standards from the January 2024 rezoning. Therefore, applying NVCAP development standards to housing opportunity sites within the plan area would not hinder achieving the densities projected in the Housing Element. In addition, the proposed ordinance updates Chapter 18.14 (Housing Incentives) for consistency. Sustainability and Climate Action Plan The Sustainability and Climate Action Plan (S/CAP) is a comprehensive document laying out the City's strategy to achieve ambitious carbon reduction goals, while improving natural environment, adapting to climate impacts, and increasing livability for Palo Alto residents. The NVCAP's goals to encourage mixed -use development and connected street grid with improved mobility network aligns with the S/CAP goals. The NVCAP requires a 30 percent reduction in trips to manage the transportation demand; this would contribute to one of the mobility goals of the S/CAP which calls for a 12% reduction in total vehicle miles traveled by 2030. The proposed NVCAP pedestrian and bicycle facilities and mobility improvements would also contribute to, and be consistent with, the S/CAP mobility goal to increase the mode share for active transportation and transit from 19% to 40% of local work trips by 2030. The NVCAP ecological framework to create opportunities to naturalize the Matadero Creek and to encourage green stormwater infrastructure would be consistent with the S/CAP'S Natural Environment goals to achieve a 10% increase in land area that uses green stormwater infrastructure. FISCAL/RESOURCE IMPACT The majority of the NVCAP project funding is from a $638,000 Santa Clara Valley Transportation Authority (VTA) Priority Development Area (PDA) grant. In compliance with the grant requirement, the 15% local funding match ($112,000) was achieved with the donation of private funds from the Sobrato Organization, who also donated an additional $138,000 for the environmental review study of the NVCAP. Additional General Funds ($17,700) were used for the historic evaluation by Page & Turnbull and the Matadero Creek analysis by WRA; and $62,000 of FY 2021 departmental salary savings was allocated to project management (due to staff vacancies). In 2021, the City was awarded $125,000 from the Local Early Action Planning (LEAP) grant to support the NVCAP. In October 2019, the City Council approved an expanded scope of work for the NVCAP project and contract with the consultant, Perkins & Will. However, the City Council did not approve the additional funding of $367,000 associated with the expanded scope. The project has not been fully funded to date and staff have completed essential tasks by eliminating other tasks or doing the work in-house. The lack of required resources has contributed to the timeline to complete this project. Per the grant agreements with both Caltrans and HCD, the City must complete the NVCAP project by the grant due dates, or risk forfeiting the grant funds. In that case, the City would Item 11: Staff Report Pg. 17 Packet Pg. 392 of 692 Item 11 Item 11 Staff Report need to repay any grant funds expended towards the project. The City received extensions for both the PDA grant (June 30, 2026) and the LEAP grant (September 30, 2024). Upon adoption of the NVCAP, staff will submit reimbursement requests to receive the remaining PDA grant ($57,815.38) and LEAP grant ($30,000) funding. STAKEHOLDER ENGAGEMENT Consistent with PAMC Chapter 19.10 (Coordinated Area Plans), the City Council appointed a 14 - member working group. The working group met 17 times over the course of two years and concluded their effort once alternatives were forwarded to the PTC and City Council for consideration. Notifications throughout the process have been sent to the working group, stakeholders, and property owners. The City maintains a project website with archives of working group, workshops, and public hearing materials related to the NVCAP. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act, the City of Palo Alto, staff prepared a Supplemental Environmental Impact Report for the NVCAP (SCH #2023020691). Staff released a Notice of Availability of the Draft SEIR for the proposed project on March 8, 2024 for a 45 -day public comment period that ended on Monday, April 22, 2024. The Draft Supplemental Environmental Impact Report (SEIR) prepared for the NVCAP found that the impacts related to biological resources, archaeological resources, noise, and tribal cultural resources could be significant but mitigatable to less than significant. Impacts to historical resources would be significant and unavoidable because the project would involve modifications to an historic resource eligible for the California Register of Historic Resources in a manner that would not be consistent with the Secretary of the Interiors Standards. Buildout of the NVCAP, on a plan level, would have a significant and unavoidable criteria air pollutant emissions impact because the increase in population would be exceeded by the increase in VMT and daily trips. The statement of overriding considerations was prepared containing a list of the benefits that the project will bring to the City consistent with General Plan and NVCAP policies (Attachment A). During the Architectural Review Board (ARB) meeting held on April 18, 2024, a community member addressed the Draft NVCAP, specifically urging rooftop gardens and the full naturalization of the creek without barriers. In addition, staff received three comment letters from public agencies (Caltrans, Santa Clara Valley Transit Authority, and Santa Clara Valley Water District) on the Draft SEIR by Monday, April 22, 2024, and the comments were generally related to each public agency's jurisdiction and operations. Both oral and written comments are included in the Final Supplemental EIR (Final SEIR) as well as in Attachment H. Responses to comments on the Draft SEIR and associated modifications have been integrated into the Final SEIR for Council's consideration prior to taking action on the environmental analysis and the proposed project. Item 11: Staff Report Pg. 18 Packet Pg. 393 of 692 Item 11 Item 11 Staff Report Prior to the City Council hearing, the Final EIR has been circulated for 10 days to the responsible public agencies. The required 10 -day circulation of the Final SEIR started on June 6, 2024 and ended on June 17, 2024. NEXT STEPS After the NVCAP is adopted and the SEIR is certified, the NVCAP will take effect immediately upon the passage of a resolution (Attachment A). Staff will then file a Notice of Determination (NOD) with both Santa Clara County and the State Clearinghouse for the SEIR within five days of the Council's decision. Following the zoning ordinance introduction at this meeting, a second reading of the ordinance will occur after the Council's July 2024 recess. Once passed, the NVCAP zoning ordinance, along with other modifications in Title 18 of the Palo Alto Municipal Code implementing the NVCAP, will become effective 30 days after the second reading. This will allow developers to submit applications for new projects under the NVCAP. ATTACHMENTS Attachment A: Draft Resolution to Certify the SEIR and Adopt the NVCAP Attachment B: Draft Ordinance to Implement the NVCAP Attachment C: Links to the Revised Public Draft NVCAP, Draft SEIR, Final SEIR Attachment D: Summary of the Endorsed Preferred Plan and Council Refinements Attachment E: Summary of Goals and Objectives Consistency Attachment F: 2023 PTC and ARB NVCAP Comments and Staff Response Attachment G: Final Draft NVCAP (including the redline version with modification from the Revised Public Draft, and a link to the clean version) Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP Attachment I: Map of Street Yard setback requirements Attachment J: Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 11: Staff Report Pg. 19 Packet Pg. 394 of 692 Item 11 Attachment A: NVCAP NOT YET APPROVED Resolution Resolution No. A Resolution of the City Council of the City of Palo Alto, Certifying a Supplemental Environmental Impact Report to the 2017 Comprehensive Plan Final Environmental Impact Report, Adopting a Statement of Overriding Considerations, and Adopting a Comprehensive Plan Amendment for the North Ventura Coordinated Area Plan RECITALS A. California Government Code Section 65300 et seq. requires every city and county in California to adopt a General Plan, known in Palo Alto as its Comprehensive Plan, for its long-range development, and further, to periodically to update that plan to reflect current issues and conditions; and B. On November 13, 2017, the City Council for the City of Palo Alto (City) certified a Final Environmental Impact Report (EIR) for the City of Palo Alto 2030 Comprehensive Plan through Resolution No. 9720, made findings in relation to the Final EIR, adopted a mitigation monitoring and report plan (MMRP), and adopted a statement of overriding considerations through Resolution No. 9721 and adopted the City of Palo Alto 2030 Comprehensive Plan through Resolution No. 9722; and C. The City of Palo Alto 2030 Comprehensive Plan Policy L-1.7 and Program L-4.10 calls for the preparation of a plan for the North Ventura and surrounding California Avenue area in order to establish the future of the North Ventura area as a walkable neighborhood with multi- family housing, ground -floor retail, a public park, creek improvements, and an interconnected street grid; and D. On November 6, 2017, the City Council directed staff to initiate the local planning process for a North Ventura Coordinated Area Plan in accordance with Palo Alto Municipal Code Section 19.10.020; and E. On March 5,2018, the City Council approved preliminary Project Goals, Objectives, schedule milestones, and Plan boundaries for the North Ventura Coordinated Area Plan, recognizing that these may be modified during the planning process; and F. On April 30, 2018, the City Council appointed a total of 14 members of the working group to advise the staff, boards/commissions, and the Council during the preparation of the plan; and G. The City conducted extensive community outreach in multiple languages since the NVCAP process has initiated in November 2017 including 17 meetings of the NVCAP Working Group; several community pop-up events; numerous meeting with stakeholders including school district, commercial property owners and tenants, interest groups in housing and transportation; two community workshops; one meeting of the Architectural Review Board (ARB); two meetings of the Historic Resources Board (HRB); six meetings of the Planning and Transportation Commission (PTC); and seven meetings of the City Council; and 0160103_20230504_ay16 Item 11: Staff Report Pg. 20 Packet Pg. 395 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution H. On January 10, 2022, City Council endorsed a preferred plan alternative, which was further refined on November 14, 2022, which allows additional 530 dwelling units, reduces 278,000 square feet of office and up to 7,500 square feet of retail to accommodate the new dwelling units, and allow up to two acres of park, including an opportunity to renaturalize the Matadero Creek through establishment of a 100 -foot riparian corridor buffer. Pursuant to the provisions and requirements of CEQA and CEQA Guidelines Section 15163, the City as lead agency, prepared a Supplemental Environmental Impact Report to the 2017 Comprehensive Plan Final EIR (SEIR) to analyze the potential environmental impacts resulting from adopting the NVCAP; and J. The SEIR analyzes the environmental impacts of the NVCAP, in conjunction with the 2017 Comprehensive Plan Final EIR, is the environmental document upon which adoption of the NVCAP is predicated; and K. As provided in Government Code sections 65352 — 65352.5 the City mailed a public notice to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and L. No California Native American tribe requested consultation; and M. In accordance with Government Code Section 65585 (b), on March 8, 2024, the City posted the SEIR and the draft NVCAP and requested public comment for a 45 -day review period; and N. On May 8, 2024, the PTC held a duly and properly noticed public hearing to consider a draft of the SEIR and the NVCAP, and recommended that the City Council adopt the draft NVCAP. O. On June 10, 2024, the City Council conducted a duly and properly noticed public hearing to take public testimony, consider the SEIR, reviewed the NVCAP and all pertinent maps, documents and exhibits, including the staff report, and all attachments, and oral and written public comments. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record: SECTION 1. Record of Proceedings The record of proceedings upon which the City Council bases its decision herein includes, but is not limited to: (1) the SEIR and the 2017 Comprehensive Plan Final EIR including all appendices and attachments cited and/or relied upon therein; (2) the staff reports, City files and records and other documents prepared for and/or submitted to the City relating to the 2017 Comprehensive Plan Final EIR, SEIR, and the NVCAP; (3) the evidence, facts, findings, and other determinations set forth in this Resolution; (4) the 2017 Comprehensive Plan; (5) all studies, data, and correspondence submitted by the City in connection with the SEIR and the NVCAP; (6) all documentary and oral evidence received at 0160103_20230504_ay16 Item 11: Staff Report Pg. 21 Packet Pg. 396 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution public workshops, meetings, and hearings; (7) all other matters of common knowledge to City decisionmakers, including City, state, and federal laws, policies, rules, and regulations, reports, records, and projections related top development within the City of Palo Alto and its surrounding areas. The location and custodian of records is the City Clerk of the City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA 94305. SECTION 2. General CEQA Findings. The City Council, in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements of CEQA, including Sections 15091, 15092, and 15093 of the CEQA Guidelines, based upon the entire record of proceedings for the Project. All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph and in the recitals above. 1. The City determined to prepare a Supplemental EIR because the NVCAP would be built out and fully occupied by 2040, which exceeds the 2030 Comprehensive Plan's development horizon of 2030; and the adoption of NVCAP could result in a new significant and unavoidable impact for cultural resources and air quality not previously analyzed, but only minor additions or changes would be necessary to make the Comprehensive Plan Final adequately apply to the NVCAP. 2. The City Council was presented with, and has independently reviewed and analyzed, the SEIR and other information in the record, and has considered the information contained therein prior to acting upon and adopting the Project. The City Council bases the findings stated below on such review. The SEIR, in conjunction with the Comprehensive Plan Final EIR, provides an adequate basis for considering and acting upon the Project. The City Council has considered all of the evidence and arguments presented during consideration of the Project and the SEIR. In determining whether the Project may have a significant impact on the environment, and in adopting the findings set forth herein, the City Council certifies that it has complied with Public Resources Code Sections 21081, 21081.5, and 21082.2. 4. The City Council agrees with the characterization of the SEIR with respect to all impacts initially identified as "less than significant" and finds that those impacts have been described accurately and are less than significant as so described in the SEIR. This finding does not apply to impacts identified as significant or potentially significant that are reduced to a less than significant level by mitigation measures included in the SEIR. The disposition of each of those impacts and the mitigation measures adopted to reduce them are addressed specifically in the findings below. 5. Mitigation measures associated with the potentially significant impacts of the Project will be implemented through the Mitigation Monitoring and Reporting Program (MMRP) described below, which is the responsibility of the City to enforce. The MMRP associated with the SEIR works, for the NVCAP area, in addition to the MMRP for the Comprehensive Plan. 6. The SEIR considers a reasonable range of potentially feasible alternatives, sufficient to foster informed decision making, public participation and a reasoned choice, in accordance with CEQA. 7. The Revised Final SEIR contains responses to comments received on the Draft SEIR. The Final SEIR also contains corrections and clarifications to the text and analysis of the Draft SEIR where warranted. Factual corrections and minor changes added to the Draft SEIR have been made to merely clarify, amplify, and/or make insignificant modifications to the information provided in the Draft SEIR. The City Council does hereby find that such changes and additional information 0160103_20230504_ay16 Item 11: Staff Report Pg. 22 Packet Pg. 397 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution are not significant new information under CEQA because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact (not already disclosed and evaluated in the Draft SEIR) would result from the Project or from a new mitigation measure proposed to be implemented, (ii) any feasible mitigation measure considerably different from those analyzed in the Draft SEIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, (iii) any feasible alternative considerably different from those analyzed in the Draft SEIR that would lessen a significant environmental impact of the Project has been proposed that would not be implemented, or (iv) the Draft SEIR was fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. The City Council does find and determine that recirculation of the Final SEIR for further public review and comment is not warranted or required under the provisions of CEQA. 8. The City Council finds and certifies that the SEIR has been prepared and completed in compliance with CEQA and reflects the City of Palo Alto's independent judgment and analysis as the lead agency. 9. The City Council makes findings in this resolution with respect to significant effects on the environment of the Project, as identified in the SEIR, with the understanding that all of the information in this Resolution is intended as a summary of the full administrative record supporting the SEIR, which full administrative record should be consulted for the full details supporting these findings. 10. Any modifications to the NVCAP directed by the City Council on June 18, 2024 do not change the conclusions of the SEIR and the Comprehensive Plan Final EIR. SECTION 3. Significant Impacts Reduced to Less than Significant. Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby makes these findings with respect to the potential for significant environmental impacts from approval and implementation of the Project and the means for mitigating those impacts. These findings do not attempt to describe the full analysis of each environmental impact contained in the SEIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the SEIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the SEIR. These findings hereby incorporate by reference the discussion and analysis in the SEIR that support the SEIR's determinations regarding significant project impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the Project. In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the SEIR, and ratifies, adopts, and incorporates into these findings the determinations and conclusions of the SEIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings. The SEIR identified a number of significant and potentially significant environmental impacts that the Project will cause or to which the Project would contribute. The following significant effects can be fully addressed and reduced to less than significant through the adoption and implementation of standard 4 0160103_20230504_ay16 Item 11: Staff Report Pg. 23 Packet Pg. 398 of 692 NOT YET APPROVED Item 11 Attachment A: NVCAP Resolution project requirements incorporated as part of the Project and feasible mitigation measures. Those impacts, along with the standard project requirements and mitigation measures to reduce them to less than significant, are listed below as referenced in the SEIR. Biological Resources Impact BIO-1: Construction activities associated with build out of the Project could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment. (a) Potential Impact. The impact identified above is described and discussed in Section 3.3.2.2 of the SEIR. (b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings: MM BIO-1.1: Construction During Migratory Bird and Raptor Nesting Season. To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code shall be avoided. The nesting season for most birds in Santa Clara County extends from February 1 through August 31. If initial site disturbance activities, including tree, shrub, or vegetation removal, are to occur during the bird breeding season (February 1 through August 31), a qualified biologist shall conduct a pre -construction survey for nesting migratory birds and raptors. The survey for nesting migratory birds shall cover the project site itself and the immediate vicinity of the site, with the survey for nesting raptors encompassing the site and surrounding lands within 250 feet, where accessible. The survey shall occur within seven days prior to the onset of ground disturbance. If active nests are detected, appropriate construction -free buffers shall be established. The buffer sizes shall be determined by the project biologist based on species, topography, and type of activity occurring in the vicinity of the nest. Typical buffers are 25 to 50 feet for passerines and up to 250 feet for raptors. The project buffer shall be monitored periodically by the project biologist to ensure compliance. After the nesting is completed, as determined by the biologist, the buffer shall no longer be required. Following the conclusion of nesting activity and removal of the construction buffers, a report shall be submitted to the City summarizing the results of the survey including identifying any buffer zones, and outlining measures implemented to prevent impacts to nesting birds. (c) Finding and Rationale. The City Council finds that the above mitigation measure is feasible and that it would reduce the potential impacts on fertile eggs, nesting raptors or other migratory birds, or nest abandonment to a less -than -significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effect as identified in the SEIR. 0160103_20230504_ay16 Item 11: Staff Report Pg. 24 Packet Pg. 399 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution The 2030 Comprehensive Plan Update FEIR maps the NVCAP and surrounding area as "urban forest" and based on a survey of the California Natural Diversity Database, there is no special -status habitat located within the areas mapped urban forest. The channelized portion of the Matadero Creek also does not contain riparian habitat or sensitive natural communities. However, tree removal activities have the potential to disturb migratory birds resulting in a short-term reduction in potential nesting and foraging habitat as well as directly destroying active nests if present; however, it is anticipated that resident and migratory bird species would resume nesting and foraging behavior once the construction is complete, and would utilize existing nearby nesting and foraging habitat during construction. In addition, the above mitigation would ensure habitat or species avoidance through appropriately timed habitat surveys to determine absence/presence, pre -construction surveys to determine absence/presence, implementation of avoidance/preventative measures, passive removal efforts, on -site monitoring by qualified biologists, and/or establishment of no -construction buffer zones during construction. Therefore, this impact would be reduced to a less -than -significant level. (d) Remaining Impact. Mitigation Measure BIO-1.1 specified above would reduce all potential impacts for future development under the Project to less than significant. Noise Impact NOI-1: Construction activities associated with build out of the Project could generate groundborne vibration capable of causing cosmetic or worse building damage or adversely nearby sensitive receptors. (a) Potential Impact. The impact identified above is described and discussed in Section 3.10.2.3 of the SEIR. (b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings: MM NOI-1.1: Applicants for projects within the North Ventura Coordinated Area Plan area shall obtain a groundborne vibration study prior to the issuance of any discretionary permits that would allow the use of construction equipment within 22 feet or pile driving within 101 feet of existing structures. The study shall be prepared by a qualified professional in accordance with industry -accepted methodology, which include the recommended vibration assessment procedure and thresholds provided by public agencies such as Caltrans and the Federal Highway Administration. The study should identify necessary construction vibration controls to reduce both human annoyance and the possibility of cosmetic damage. Controls shall include, but not be limited to, the following measures: • A list of all heavy construction equipment to be used for this project known to produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds. • Place operating equipment on the construction site as far as possible from vibration - sensitive receptors. 6 0160103_20230504_ay16 Item 11: Staff Report Pg. 25 Packet Pg. 400 of 692 NOT YET APPROVED Item 11 Attachment A: NVCAP Resolution • Use smaller equipment to minimize vibration levels below the limits. • Avoid using vibratory rollers and tampers near sensitive areas. • Select demolition methods not involving impact tools. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits. • Avoid dropping heavy objects or materials. (c) Finding and Rationale. The City Council finds that the above mitigation measure is feasible and that it would reduce the potential impacts related to groundborne vibration to a less -than -significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effect as identified in the SEIR. MM NOI-1.1 requires a qualified professional to prepare a study outlining recommended vibration assessment procedures, thresholds, and construction controls. These recommendations would address both human annoyance and cosmetic damage, if any, to nearby single- and multi -family residences, which are noise -sensitive receptors defined by the Comprehensive Plan. Therefore, with implementation of MM NOI-1.1, impacts would be reduced to a less -than -significant level. (d) Remaining Impact. Mitigation Measure NOI-1.1 specified above would reduce all potential impacts for future development under the Project to less than significant. Tribal Cultural Resources Impact TCR-1: Future projects proposed under the North Ventura Coordinated Area Plan could potentially result in impacts to undiscovered tribal cultural resources. (a) Potential Impact. The impact identified above is described and discussed in Section 3.12.2.2 of the SEIR. (b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings: MM TCR-1.1: Cultural Sensitivity Training. Prior to issuance of any grading permit, the project applicant shall be required to submit evidence that a Cultural Awareness Training program has been provided to construction personnel. The training shall be facilitated by a qualified archaeologist in collaboration with a Native American representative registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3. MM TCR-1.2: Sub -Surface Monitoring. Prior to issuance of any tree removal, grading, demolition, and/or building permits or activities, the applicant shall notify the Director of Planning, of grading and construction dates and activities that require a qualified archeologist and Native American monitor to be present on the project site. The City shall then notify the tribe via email correspondence 10 days prior to any grading or construction activities. If the tribe chooses not to send a monitor or does not respond within the 10 days, work shall continue without the monitor. 7 0160103_20230504_ay16 Item 11: Staff Report Pg. 26 Packet Pg. 401 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution A qualified archaeologist and a Native American monitor, registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall be present during earthmoving activities including, trenching, initial or full grading, scraping or blading, lifting of foundation, boring, drilling, , or major landscaping. The qualified archaeologist and Native American monitor shall have the authority to halt construction activities in the event any cultural materials are encountered during ground -disturbing construction activities. The qualified archeologist and Native American monitor shall keep a daily monitoring log on days that monitoring occurs documenting construction activities that were monitored, location of the monitoring, and any cultural materials identified. These daily monitoring logs shall be made available to the City upon request. MM TCR-1.3: Treatment Plan. In the event any significant cultural materials are encountered during construction, construction within a radius of 50 feet of the find would be halted, the Director of Planning shall be notified, and the on -site qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate treatment of the resource. The qualified archeologist in collaboration with a Native American monitor, registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall prepare and implement a treatment plan that reflects permit -level detail pertaining to depths and locations of excavation activities. The treatment plan shall contain, at a minimum: 1. Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations. 2. Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found). 3. Monitoring schedules and individuals. 4. Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information). 5. Detailed field strategy to record, recover, or avoid the finds and address research goals. 6. Analytical methods. 7. Report structure and outline of document contents. 8. Disposition of the artifacts. 9. Security approaches or protocols for finds. 10. Appendices: all site records, correspondence, and consultation with Native Americans, etc. The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources. The treatment plan must be reviewed and approved by the Director of Planning, or the Director's designee prior to implementation of the plan. MM TCR-1.4: Evaluation. The project applicant shall notify the Director of Planning, Native American Monitor, and Archeological Monitor, of any finds during grading or other construction activities. Any historic or prehistoric material identified in the project area during excavation 8 0160103_20230504_ay16 Item 11: Staff Report Pg. 27 Packet Pg. 402 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution activities shall be evaluated for eligibility for listing in the California Register of Historic Resources as determined by the California Office of Historic Preservation. Data recovery methods may include, but are not limited to, backhoe trenching, shovel test, hand augering, and hand -excavation. The techniques used for data recovery shall follow the protocols identified in the approved treatment plan. Data recovery shall include excavation and exposure of features, field documentation, and recordation. All documentation and recordation shall be submitted to the Northwest Information Center, and the Director of Planning. (c) Finding and Rationale. The City Council finds that the above mitigation measure is feasible and that it would reduce the potential impacts related to undiscovered tribal cultural resources to a less -than - significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effect as identified in the SEIR. There are no known Tribal Cultural Resources in the NVCAP area. In addition to complying with the Comprehensive Plan Policies L-7.15, L-7.17, and L-7.18, require mitigation, identification, and protection of archaeological resources, as well as L-7.16 that would ensure tribal consultation in accordance with California Government Code Section 65352.3, implementation of above mitigation measures would provide proper training and proper procedures to follow if any undiscovered tribal resources are uncovered during construction. Therefore, with implementation of mitigation measures TCR-1.1 through TCR-1.4, potential impacts would be reduced to a less -than -significant level. (d) Remaining Impact. Mitigation Measures TCR-1.1 through TCR-1.4 specified above would reduce all potential impacts for future development under the Project to less than significant. SECTION 4. Significant and Unavoidable Impacts. Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby makes these findings with respect to the potential for significant environmental impacts from approval and implementation of the Project and the means for mitigating those impacts. These findings do not attempt to describe the full analysis of each environmental impact contained in the SEIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the SEIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the SEIR. These findings hereby incorporate by reference the discussion and analysis in the SEIR that support the SEIR's determinations regarding significant project impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the Project. In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the SEIR, and ratifies, adopts, and incorporates into these findings the determinations and conclusions of the SEIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings. The Draft SEIR and the Revised Final SEIR documented that the Project would result in significant and unavoidable impacts which cannot be adequately mitigated through the adoption and implementation 9 0160103_20230504_ay16 Item 11: Staff Report Pg. 28 Packet Pg. 403 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution of feasible mitigation measures. Those impacts, along with mitigation measures to mitigate them to the extent feasible, are listed below as referenced in the SEIR. Air Quality Impact AIR -1: Build out of the Project would increase VMT and daily trips by six and 12.2 percent, respectively, and increase the service population by 4.1 percent. Since the increase in population would be exceeded by the increase in VMT and daily trips, the Project would have a significant criteria air pollutant emissions impact. (a) Potential Impact. The impact identified above is described and discussed in Section 3.2.2.3 of the SEIR. (b) Mitigation Measures. The following Comprehensive Plan mitigation measure are already adopted and will be implemented as provided in the MMRP for the Project, and as further described in the remainder of these findings: AIR -2a: The City shall amend its local CEQA Guidelines and Municipal Code to require, as part of the City's development approval process, that future development projects comply with the current Bay Area Air Quality Management District (BAAQMD) basic control measures for reducing construction emissions of PM10 (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the BAAQMD CEQA Guidelines). AIR -2b: The City shall amend its local CEQA Guidelines to require that, prior to issuance of construction permits, development project applicants that are subject to CEQA and have the potential to exceed the BAAQMD screening -criteria listed in the BAAQMD CEQA Guidelines prepare and submit to the City of Palo Alto a technical assessment evaluating potential project construction -related air quality impacts. The evaluation shall be prepared in conformance with BAAQMD methodology in assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the BAAQMD thresholds of significance, as identified in the BAAQMD CEQA Guidelines, the City of Palo Alto shall require that applicants for new development projects incorporate mitigation measures (Table 8-3, Additional Construction Mitigation Measures Recommended for Projects with Construction Emissions Above the Threshold, of the BAAQMD CEQA Guidelines or applicable construction mitigation measures subsequently approved by BAAQMD) to reduce air pollutant emissions during construction activities to below these thresholds. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City. AIR -2c: To ensure that development projects that have the potential to exceed the BAAQMD screening criteria air pollutants listed in the BAAQMD CEQA Guidelines reduce regional air pollutant emissions below the BAAQMD thresholds of significance, the proposed Plan shall include policies that require compliance with BAAQMD requirements, including BAAQMD CEQA Guidelines. AIR -2d: Implement Mitigation Measures TRANS -1a and TRANS -1b. In addition, to reduce long- term air quality impacts by emphasizing walkable neighborhoods and supporting alternative modes of transportation, the proposed Plan shall include policies that achieve the following: 10 0160103_20230504_ay16 Item 11: Staff Report Pg. 29 Packet Pg. 404 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution • Enhanced pedestrian and bicycle connections between commercial and mixed -use centers. AIR -3a: The City of Palo Alto shall update its CEQA Procedures to require that future non- residential projects within the city that: 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel -powered TRUs, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of a proposed project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Palo Alto prior to future discretionary project approval or shall comply with best practices recommended for implementation by the BAAQMD. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds the BAAQMD significance thresholds, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. Mitigation measures and best practices may include but are not limited to: • Restricting idling on -site beyond Air Toxic Control Measures idling restrictions, as feasible. • Electrifying warehousing docks. • Requiring use of newer equipment and/or vehicles. • Restricting off -site truck travel through the creation of truck routes. Mitigation measures identified in the project -specific HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of a proposed project. AIR -3c: The proposed Plan shall include policies to mitigate potential sources of toxic air contaminants through siting or other means to reduce human health risks and meet the Bay Area Air Quality Management District's applicable threshold of significance. Policies shall also require that new sensitive land use projects (e.g., residences, schools, hospitals, nursing homes, parks or playgrounds, and day care centers) within 1,000 feet of a major stationary source of TACs and roadways with traffic volumes over 10,000 vehicles per day consider potential health risks and incorporate adequate precautions, such as high -efficiency air filtration, into project design. AIR -4: To reduce odor impacts, the proposed Plan shall include policies requiring: • Buffers, mechanical, and other mitigation methods to avoid creating a nuisance. TRANS -1a: Adopt a programmatic approach to reducing motor vehicle traffic, with the goal of achieving no net increase in peak -hour motor vehicle trips from new development, with an exception for uses that directly contribute to the neighborhood character and diversity of Palo Alto (such as ground -floor retail and below -market -rate housing). The program should, at a 11 0160103_20230504_ay16 Item 11: Staff Report Pg. 30 Packet Pg. 405 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution minimum, require new development projects above a specific size threshold to prepare and implement a Transportation Demand Management (TDM) Plan to achieve the following reduction in peak -hour motor vehicle trips from the rates included in the Institute of Transportation Engineers' Trip Generation Manual for the appropriate land use category and size. These reductions are deemed aggressive, yet feasible, for the districts indicated. • 45 percent reduction in the Downtown district • 35 percent reduction in the California Avenue area • 30 percent reduction in the Stanford Research Park • 30 percent reduction in the El Camino Real Corridor • 20 percent reduction in other areas of the city TDM Plans must be approved by the City and monitored by the property owner or the project proponent on an annual basis. The Plans must contain enforcement mechanisms or penalties that accrue if targets are not met and may achieve reductions by contributing to citywide or employment district shuttles or other proven transportation programs that are not directly under the property owner's control. TRANS -1b: Require new development projects to pay a Transportation Impact Fee for all those peak -hour motor vehicle trips that cannot be reduced via TDM measures. Fees collected would be used for capital improvements aimed at reducing motor vehicle trips and motor vehicle traffic congestion. (c) Findings. The above -noted mitigation measures are adopted Comprehensive Plan Final EIR mitigation measures. The Comprehensive Plan Final EIR concluded that the Comprehensive Plan would result in a significant and unavoidable impact on O3, PM1o, and PM2.5. Future development under the NVCAP would be subject to the above mitigation measures; however, as the Comprehensive Plan Final EIR concluded that impact even with implementation of these mitigation measures would not be reduced to a less - than -significant level. In addition, the buildout of the NVCAP would conflict with the 2017 Clean Air Plan due to a net increase of O3, PM1o, and PM2.5. (d) Remaining Impacts. There are no other feasible mitigation measures available to mitigate this impact to a less -than -significant level due to the programmatic nature of the NVCAP. Even though future individual projects under the NVCAP might comply with air quality regulations, the overall program -level impact with the buildout of the NVCAP would remain significant and unavoidable. (e) Overriding Considerations. The environmental, social, economic and other benefits of the Project override any remaining significant adverse impacts of the Project relating to air quality as set forth in the Statement of Overriding Considerations below. Cultural Resources Impact CUL-1: Future projects proposed under the North Ventura Coordinated Area Plan could result in the demolition of historic buildings, including yet identified historic resources as defined in CEO,A Guidelines Section 15064.5. (a) Potential Impact. The impact identified above is described and discussed in Section 3.3.22 of the SEIR. 12 0160103_20230504_ay16 Item 11: Staff Report Pg. 31 Packet Pg. 406 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution (b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings: MM CUL-1.1: Prior to project approval, future development projects that would demolish a potential historic resource shall be required to prepare a Historic Resource Evaluation (HRE) to evaluate whether the property is eligible for inclusion into the City's Historic Resources Inventory, CRHR, and NRHP. The HRE shall address the feasibility of avoiding adverse impacts through project redesign, rehabilitation, or reuse of the resource. Preservation in place is always the preferred measure for mitigating direct impacts to historic resources. If the resource is to be preserved on the property, specific measures to protect the integrity of the structure and its setting shall be identified. MM CUL-1.2: If impacts to the historic resource cannot be avoided, all feasible measures are required to be implemented to reduce the magnitude of the impact. At a minimum, the City shall require "Documentation" and "Commemoration" efforts in accordance with the guidelines established for Historic American Building Survey (HABS) consistent with the Secretary of Interior's Standards for Architectural and Engineering Documentation. Additional measures could include relocation, incorporation of the resources into the project, and/or salvage. The documentation shall be completed by a qualified architectural historian or historian who meets the Secretary of the Interior's Professional Qualification Standards for History and/or Architectural History. (c) Findings. MM CUL-1.1 requires future projects that involve demolition or substantial alteration of a potential historic resource to prepare a Historic Resources Evaluation (HRE). This evaluation would explore ways to minimize harm to the resource through project redesign, rehabilitation, or reuse. MM CUL-1.2 ensures that all feasible measures are taken to minimize impacts if the resource cannot be entirely avoided. However, even with these measures in place, development under the NVCAP could still result in the demolition of historic resources, which would be considered a significant impact under CEQA. (d) Remaining Impacts. No further feasible measures are available to eliminate the potential for significant cultural resource impacts. While implementing the mitigation measures outlined above (MM CUL-1.1 and MM CUL-1.2) can lessen the impact on potential historic resources, a significant impact may still occur. Even in scenarios where future development avoids demolition or substantial alteration, challenges remain. Adaptive reuse of historic resources for housing presents uncertainties regarding compliance with both the Secretary of the Interior Standards for Treatment of Historic Properties and the California Historic Building Code. Due to these uncertainties, the impact on cultural resources would remain significant and unavoidable. (e) Overriding Considerations. The environmental, social, economic and other benefits of the Project override any remaining significant adverse impacts of the Project relating to historical resources as set forth in the Statement of Overriding Considerations below. SECTION 5. Findings Regarding Protect Alternatives. Public Resources Code section 21002 prohibits a public agency from approving a project if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of the project. When a lead agency finds, even after the adoption of all 13 0160103_20230504_ay16 Item 11: Staff Report Pg. 32 Packet Pg. 407 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution feasible mitigation measures, that a project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, it must, prior to approving the project as mitigated, first determine whether there are any project alternatives that are feasible and that would substantially lessen or avoid the project's significant impacts. Under CEQA, "feasibility" includes "desirability" to the extent that it is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors, and an alternative may be deemed by the lead agency to be "infeasible" if it fails to adequately promote the project applicant's and/or the lead agency's primary underlying goals and objectives for the project. Thus, a lead agency may reject an alternative, even if it would avoid or substantially lessen one or more significant environmental effects of the project, if it finds that the alternative's failure to adequately achieve the objectives for the project, or other specific and identifiable considerations, make the alternative infeasible. The City Council certifies that the Final SEIR describes a reasonable range of alternatives to the Project, which could feasibly obtain the basic objectives of the Project, and that the City Council has evaluated the comparative merits of the alternatives. Chapter 2 of the Draft SEIR set forth the Goals and Objectives for the NVCAP. That list is incorporated herein by reference. In light of the applicant's objectives for the Project, and given that the Project is expected to result in certain significant environmental effects even after the implementation of all feasible mitigation measures, as identified above, the City hereby makes the following findings with respect to whether one or more of the alternatives evaluated in the Draft SEIR could feasibly accomplish most of the goals and objectives for the Project and substantially lessen or avoid one or more of its potentially significant effects. No Proiect Alternative The No Project Alternative assumes the NVCAP would remain as developed today with 142 residential units, 744,000 square feet of office, and 111,200 square feet of retail. The No Project Alternative is discussed in Section 7.2.2.1 of the Draft SEIR. The No Project Alternative is hereby rejected as infeasible because it would not achieve the Project objectives, as explained in Section 7.2.2.1 of the Draft SEIR. This Alternative would not meet the NVCAP's objectives to establish the future of the North Ventura area as a walkable neighborhood with multi -family housing, ground -floor retail, a public park, creek improvements, and an interconnected street grid. It would be in conflict with the Comprehensive Plan Policy L-1.7 and Program L-4.10. No Alternative was identified as an environmentally superior alternative because it would avoid the identified significant impacts to historic resources. Alternative 2: Single-Story Adaptive Reuse Alternative Alternative 2, Single -Story Adaptive Reuse Alternative, aims to minimize modifications by keeping the eligible historic resource building at 340 Portage Avenue at one story and creating 113 residential units, compared to the NVCAP, which proposes to accommodate 281 residential units with a 3 -story development. While Alternative 2 preserves the building's character, particularly the monitor roof, significant changes would still be necessary for residential conversion. These include modifications to all exterior walls for windows and doors, interior compartmentalization with light wells, and substantial structural upgrades. In addition, Alterative 2 produces a smaller number of residential units, which falls short of the project's 14 0160103_20230504_ay16 Item 11: Staff Report Pg. 33 Packet Pg. 408 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution objectives. Alternative 2 still contributes to significant and unavoidable air quality impacts due to increased VMT, but Alternative 2's reduced number of residential units (168 fewer than NVCAP) results in slightly lower GHG emissions. The potential construction -related impacts on migratory birds, construction air quality and noise, and tribal cultural resources would be same as the NVCAP and would require the same mitigation measures. Alternative 2 would meet all of the NVCAP's objectives but the alternative would provide fewer residential units than the NVCAP and would therefore be only partially consistent with Objective 1 (Housing and Land Use). SECTION 6. Statement of Overriding Considerations. Pursuant to Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines, this City Council adopts and makes the following Statement of Overriding Considerations regarding the remaining significant unavoidable impacts of the Project, as discussed above, and the anticipated economic, social and other benefits of the Project. The City finds that: (i) the majority of the significant impacts of the Project will be reduced to less -than - significant and acceptable levels by the mitigation measures described in the Revised Final SEIR and approved and adopted by these Findings; (ii) the City's approval of the Project will result in certain significant adverse environmental effects that cannot be avoided even with the incorporation of all feasible mitigation measures into the Project; and (iii) there are no other feasible mitigation measures or feasible Project alternatives that would further mitigate or avoid the remaining significant environmental effects. The significant effects that have not been mitigated to a less -than -significant level and are therefore considered significant and unavoidable are identified in Section 4 herein. Despite these potentially significant impacts, it is the City's considered judgment that the benefits offered by the Project outweigh the potentially adverse effects of these significant impacts. The substantial evidence supporting the following described benefits of the Project can be found in the preceding findings and in the record of proceedings. The benefits of the NVCAP which the City Council finds serve as overriding considerations justifying its approval include the following: (1) The NVCAP promotes a mix of residential, employment, and commercial uses within close proximity. This integrated design encourages residents to walk, bike, and utilize public transportation for daily needs, demonstrably reducing reliance on automobiles. With a multi - modal transportation improvement and reduced VMT, the NVCAP would contribute to cleaner air and help combat climate change by minimizing transportation -related GHG emissions. In addition, a walkable, mixed -use community fosters a more efficient lifestyle, potentially reducing overall energy consumption. (2) The NVCAP prioritizes housing needs by planning for 530 residential units, directly contributing to the City's efforts to meet its Regional Housing Needs Allocation (RHNA) goal. This increase in housing stock creates more opportunity for affordable housing units within the NVCAP area as well. While there is a reduction in office space, this prioritizes housing needs and encourages the development of retail to create a "complete neighborhood." This mixed -use approach offers 15 0160103_20230504_ay16 Item 11: Staff Report Pg. 34 Packet Pg. 409 of 692 Item 11 I Attachment A: NVCAP NOT YET APPROVED Resolution residents amenities and services conveniently located within walking distance, potentially reducing reliance on cars and fostering a more vibrant community. (3) The NVCAP creates an opportunity for a new public park for recreation and enjoyment, while also creating an opportunity to naturalize Matadero Creek and a sufficient setback enhancing the environment and promoting a connection with nature. (4) The NVCAP's increased development capacity fosters a potential for revenue generation through impact fees. This additional revenue stream can be strategically allocated to enhance public amenities, ultimately improving the quality of life for residents within the NVCAP area and potentially throughout the city. (5) The NVCAP strengthens the City's grant applications by demonstrating a commitment to well - planned development. Granting agencies often favor projects aligned with approved community plans that have undergone environmental review (CEQA). This process ensures the project considers potential impacts and incorporates strategies to minimize them, ultimately benefiting the community. SECTION 7. Mitigation Monitoring and Reporting Program (1) CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been prepared and is recommended for adoption by the City Council concurrently with the adoption of these findings to ensure compliance with standard project requirements incorporated as part of the project and mitigation measures during Project implementation. As required by Public Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain available for public review during the compliance period. (2) The City Council hereby adopts the MMRP for the Project attached hereto as Exhibit A and incorporated by reference, and finds, determines, and declares that the adoption of the MMRP will ensure enforcement and continued imposition of the mitigation measures recommended in the Final EIR, and set forth in the MMRP, in order to mitigate or avoid significant impacts on the environment. SECTION 8. NVCAP Adopted as an Amendment to the Comprehensive Plan. 1. Based on the record of proceedings as a whole, the City Council makes the following findings and declarations regarding the NVCAP incorporated herein: a. Adoption of the NVCAP is in the public interest. The NVCAP provides the framework to create a walkable neighborhood with multi -family housing, ground -floor retail, a public park, creek improvements, and an interconnected street grid for the North Ventura neighborhood. b. The NVCAP is internally consistent and consistent with the rest of the Comprehensive Plan. As an integrated set of goals, policies, programs, and timelines, and quantified objectives, the NVCAP does not itself approve any specific development projects; it acknowledges land use and zoning changes that will be required and therefore it creates no inconsistencies with the Comprehensive Plan. W. 0160103_20230504_ay16 Item 11: Staff Report Pg. 35 Packet Pg. 410 of 692 NOT YET APPROVED Item 11 Attachment A: NVCAP Resolution c. The NVCAP was developed through diligent effort by the City to achieve public participation of all segments of the community, as described in Chapter 1 of the NVCAP. 2. Based on substantial evidence in the record, including, but not limited to, implementation of the NVCAP's visions for the NVCAP in Chapter 2 as well as land use policies and programs as well as design standards provided in Chapters 3 through 6, the City would allow 530 additional dwelling units, supporting much needed housing supply for the City, and approximately two acres of new public open space within the plan area. The NVCAP envisions creating and enhancing well-defined connections to transit, pedestrian, and bicycle facilities, including improved connections to the Caltrain Station and other major streets like Park Boulevard and El Camino Real. It would create an opportunity to re - naturalize Matadero Creek through the establishment of a 100 -foot riparian corridor buffer. 3. The NVCAP is hereby adopted in its entirety, as an appendix and amendment to the 2030 Comprehensive Plan. 4. The Director of Planning and Development Services and City Clerk are hereby directed to distribute copies of the NVCAP in the manner provided in Government Code Sections 65357 and 65589.7. SECTION 9. Effective Date. This Resolution shall become effective upon adoption by the City Council. INTRODUCED and PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: Assistant City Attorney 0160103_20230504_ay16 City Manager or Designee Director of Planning and Development Services 17 Item 11: Staff Report Pg. 36 Packet Pg. 411 of 692 Item 11 Attachment A: NVCAP Resolution Mitigation Monitoring and Reporting Program Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation. The North Ventura Coordinated Area Plan Supplemental Environmental Impact Report (EIR) concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented. This document does not discuss those subjects for which the EIR concluded that mitigation measures would not be required to reduce significant impacts. NORTH VENTURA COORDINATED A[ Item 11: Staff Report Pg. 37 Packet Pg. 412 of 692 1 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 11 Attachment A: NVCAP Resolution Implementation Implementation Monitoring Monitoring Environmental Impact Mitigation Measure Responsibility Timing Responsibility Monitoring Action Frequency Air Quality Impact AIR -1: Build out of Comprehensive Plan Final EIR (FEIR) Mitigation the NVCAP would increase measures AIR -2a, AIR -2b, AIR -2c, AIR -2d, and TRANS- VMT and daily trips by six la and Trans lb and 12.2 percent, respectively, and increase the service population by 4.1 percent. Since the increase in population would be exceeded by the increase in VMT and daily trips, the NVCAP would have a significant criteria air pollutant emissions impact. AIR -2a: The City shall amend its local CEQA Guidelines and Municipal Code to require, as part of the City's development approval process, that future development projects comply with the current Bay Area Air Quality Management District (BAAQMD) basic control measures for reducing construction emissions of PMIo (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the BAAQMD CEQA Guidelines). AIR -2b: The City shall amend its local CEQA Guidelines to require that, prior to issuance of construction permits, development project applicants that are subject to CEQA and have the potential to exceed the BAAQMD screening -criteria listed in the BAAQMD CEQA Guidelines prepare and submit to the City of Palo Alto a technical assessment evaluating potential project construction -related air quality impacts. The evaluation shall be prepared in conformance with BAAQMD methodology in assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the City of Palo Alto During City of Palo Alto Ensure future development As development Planning and development PDS Department complies with current BAAQMD applications are Development approval process basic control measures received Services (PDS) Department City of Palo Alto During City of Palo Alto Ensure that projects that exceed As development PDS Department development PDS Department BAAQMD screening criteria applications are approval process prepare construction air quality received assessments in conformance with BAAQMD Item 11: Staff Report Pg. 38 1 Packet Pg. 413 of 692 JUNE 2024 Item 11 NORTH VENTURA COORDINATED EAttachmentA:NVCAPResolution )ENTAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM Implementation Environmental Impact Mitigation Measure Responsibility BAAQMD thresholds of significance, as identified in the BAAQMD CEQA Guidelines, the City of Palo Alto shall require that applicants for new development projects incorporate mitigation measures (Table 8-3, Additional Construction Mitigation Measures Recommended for Projects with Construction Emissions Above the Threshold, of the BAAQMD CEQA Guidelines or applicable construction mitigation measures subsequently approved by BAAQMD) to reduce air pollutant emissions during construction activities to below these thresholds. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the Implementation Monitoring Monitoring Timing Responsibility Monitoring Action Frequency AIR -2c: To ensure that development projects that City of Palo Alto During City of Palo Alto Ensure that projects that exceed As development have the potential to exceed the BAAQMD screening PDS Department development PDS Department BAAQMD screening criteria applications are criteria air pollutants listed in the BAAQMD CEQA approval process prepare air quality assessments received Guidelines reduce regional air pollutant emissions in conformance with BAAQMD below the BAAQMD thresholds of significance, the proposed Plan shall include policies that require compliance with BAAQMD requirements, including BAAQMD CEQA Guidelines. AIR -2d: Implement Mitigation Measures TRANS -1a City of Palo Alto During City of Palo Alto Ensure that Transportation As development and TRANS -1b. In addition, to reduce long-term air PDS Department development PDS Department Demand Management (TDM) applications are quality impacts by emphasizing walkable approval process Plans incorporate enhanced received neighborhoods and supporting alternative modes of pedestrian and bicycle transportation, the proposed Plan shall include connections policies that achieve the following ■ Enhanced pedestrian and bicycle connections between commercial and mixed -use centers. TRANS -1a: Adopt a programmatic approach to City of Palo Alto During City of Palo Alto Require projects implement a As development reducing motor vehicle traffic, with the goal of PDS Department development PDS Department TDM Plan to achieve established applications are achieving no net increase in peak -hour motor vehicle approval process trip reductions, received trips from new development, with an exception for uses that directly contribute to the neighborhood NORTH VENTURA COORDINATED AREA PLAN Item 11: Staff ReportPg.39 PacketPg.414of692 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Implementation Environmental Impact Mitigation Measure Responsibility character and diversity of Palo Alto (such as ground - floor retail and below -market -rate housing). The program should, at a minimum, require new development projects above a specific size threshold to prepare and implement a Transportation Demand Management (TDM) Plan to achieve the following reduction in peak -hour motor vehicle trips from the rates included in the Institute of Transportation Engineers' Trip Generation Manual for the appropriate land use category and size. These reductions are deemed aggressive, yet feasible, for the districts indicated. ■ 45 percent reduction in the Downtown district ■ 35 percent reduction in the California Avenue area ■ 30 percent reduction in the Stanford Research Park ■ 30 percent reduction in the El Camino Real Corridor ■ 20 percent reduction in other areas of the city TDM Plans must be approved by the City and monitored by the property owner or the project proponent on an annual basis. The Plans must contain enforcement mechanisms or penalties that accrue if targets are not met and may achieve reductions by contributing to citywide or employment district shuttles or other proven transportation programs that are not directly under the property owner's control. Item 11 Attachment A: NVCAP Resolution Implementation Monitoring Monitoring Timing Responsibility Monitoring Action Frequency TRANS -1b: Require new development projects to pay City of Palo Alto At the building City of Palo Alto Collect Transportation Impact As development a Transportation Impact Fee for all those peak -hour PDS Department permit issuance PDS Department Fees for peak -hour trips that applications are motor vehicle trips that cannot be reduced via TDM cannot be reduced. received measures. Fees collected would be used for capital improvements aimed at reducing motor vehicle trips and motor vehicle traffic congestion. Item 11: Staff Report Pg. 40 Packet Pg. 415 of 692 JUNE 2024 Item 11 NORTH VENTURA COORDINATED EAttachmentA:NVCAPResolution )ENTAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM Implementation Implementation Environmental Impact Mitigation Measure Responsibility Timing AIR -3a: The City of Palo Alto shall update its CEQA City of Palo Alto During Procedures to require that future non-residential PDS Department development projects within the city that: 1) have the potential to approval process generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel - powered TRUs, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of a proposed project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Palo Alto prior to future discretionary project approval or shall comply with best practices recommended for implementation by the BAAQMD. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds the BAAQMD significance thresholds, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. Mitigation measures and best practices may include but are not limited to: ■ Restricting idling on -site beyond Air Toxic Control Measures idling restrictions, as feasible. ■ Electrifying warehousing docks. ■ Requiring use of newer equipment and/or vehicles. ■ Restricting off -site truck travel through the creation of truck routes. Monitoring Monitoring Responsibility Monitoring Action Frequency City of Palo Alto Ensure that projects that have As development PDS Department the potential to generate 100 or applications are more diesel truck trips per day or received have 40 or more trucks with operating diesel -powered TRUs, and are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of a proposed project to the property line of the nearest sensitive use, prepare and submit a health risk assessment (HRA) NORTH VENTURA COORDINATED AREA PLAN[ I Item 11: Staff ReportPg.41 PacketPg.416of692 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 11 Attachment A: NVCAP Resolution Implementation Implementation Monitoring Monitoring Environmental Impact Mitigation Measure Responsibility Timing Responsibility Monitoring Action Frequency Biological Resources Mitigation measures identified in the project -specific HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of a proposed project. AIR -3b: To ensure that new industrial and warehousing projects with the potential to generate new stationary and mobile sources of air toxics that exceed the BAAQMD project -level and/or cumulative significance thresholds for toxic air contaminants and PM2.5 listed in the BAAQMD CEQA Guidelines reduce emissions below the BAAQMD thresholds of significance, amend the City's CEQA guidelines to require compliance with BAAQMD requirements. City of Palo Alto During City of Palo Alto Ensure that new industrial and As development PDS Department development PDS Department warehousing projects are applications are approval process evaluated against BAAQMD received thresholds and comply with BAAQMD requirements AIR -3c: The proposed Plan shall include policies to City of Palo Alto During mitigate potential sources of toxic air contaminants PDS Department development through siting or other means to reduce human health risks and meet the Bay Area Air Quality Management District's applicable threshold of significance. Policies shall also require that new sensitive land use projects (e.g., residences, schools, hospitals, nursing homes, parks or playgrounds, and day care centers) within 1,000 feet of a major stationary source of TACs and roadways with traffic volumes over 10,000 vehicles per day consider potential health risks and incorporate adequate precautions, such as high -efficiency air filtration, into proiect design. approval process City of Palo Alto Ensure that new sensitive land PDS Department uses are evaluated in conformance with BAAQMD's health risk thresholds. As development applications are received AIR -4: To reduce odor impacts, the proposed Plan City of Palo Alto During City of Palo Alto Ensure that new development As development shall include policies requiring: PDS Department development PDS Department provides adequate buffers applications are ■ Buffers, mechanical, and other mitigation approval process and/or incorporates other received methods to avoid creating a nuisance. methods to avoid creating odor nuisances. Item 11: Staff Report Pg. 42 1 Packet Pg. 417 of 692 JUNE 2024 Item 11 NORTH VENTURA COORDINATED EAttachmentA:NVCAPResolution )ENTAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM Implementation Implementation Monitoring Monitoring Environmental Impact Mitigation Measure Responsibility Timing Responsibility Monitoring Action Frequency Impact BIO-1: Construction MM BIO-1.1 Construction During Migratory Bird and City of Palo Alto Prior to the City of Palo Alto Ensure that the projects either Prior to the activities associated with Raptor Nesting Season. To the extent feasible, PDS Department issuance of any PDS Department avoid the nesting season or issuance of any build out of the NVCAP construction activities shall be scheduled to avoid tree removal or conduct pre -construction surveys tree removal or could result in the loss of the nesting season. If construction activities are grading permits for nesting migratory birds. grading permit fertile eggs, nesting raptors scheduled to take place outside the nesting season, or other migratory birds, or all impacts to nesting birds protected under the nest abandonment. Migratory Bird Treaty Act (MBTA) and California Fish and Game Code shall be avoided. The nesting season for most birds in Santa Clara County extends from February 1 through August 31. If initial site disturbance activities, including tree, shrub, or vegetation removal, are to occur during the bird breeding season (February 1 through August 31), a qualified biologist shall conduct a pre - construction survey for nesting migratory birds and raptors. The survey for nesting migratory birds shall cover the project site itself and the immediate vicinity of the site, with the survey for nesting raptors encompassing the site and surrounding lands within 250 feet, where accessible. The survey shall occur within seven days prior to the onset of ground disturbance. If active nests are detected, appropriate construction -free buffers shall be established. The buffer sizes shall be determined by the project biologist based on species, topography, and type of activity occurring in the vicinity of the nest. Typical buffers are 25 to 50 feet for passerines' and up to 250 feet for raptors. The project buffer shall be monitored periodically by the project biologist to ensure compliance. After the nesting is completed, 1 Refers to smaller perching birds. NORTH VENTURA COORDINATED AREA PLAN Item 11: Staff ReportPg.43 PacketPg.418of692 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 11 Attachment A: NVCAP Resolution Implementation Implementation Monitoring Monitoring Environmental Impact Mitigation Measure Responsibility Timing Responsibility Monitoring Action Frequency as determined by the biologist, the buffer shall no longer be required. Following the conclusion of nesting activity and removal of the construction buffers, a report shall be submitted to the City summarizing the results of the survey including identifying any buffer zones, and outlining measures implemented to prevent impacts to nesting birds. Cultural Resources Impact CUL-1: Future MM CUL-1.1: Prior to project approval, future City of Palo Alto During City of Palo Alto Ensure that projects that would Prior to project projects proposed under the development projects that would demolish a PDS Department development PDS Department demolish a potential historic approval North Ventura Coordinated potential historic resource shall be required to approval process resource prepare and submit a Area Plan could result in the prepare a Historic Resource Evaluation (HRE) to Historic Resource Evaluation demolition of historic evaluate whether the property is eligible for (HRE) buildings, including yet inclusion into the City's Historic Resources Inventory, identified historic resources CRHR, and NRHP. The HRE shall address the as defined in CEO.A feasibility of avoiding adverse impacts through Guidelines Section 15064.5. project redesign, rehabilitation, or reuse of the resource. Preservation in place is always the preferred measure for mitigating direct impacts to historic resources. If the resource is to be preserved on the property, specific measures to protect the integrity of the structure and its setting shall be identified. MM CUL-1.2: If impacts to the historic resource City of Palo Alto "Documentation" City of Palo Alto If impacts to historic resources Prior to project cannot be avoided, all feasible measures are PDS Department to be provided PDS Department cannot be avoided, ensure that approval required to be implemented to reduce the prior to issuance "Documentation" and magnitude of the impact. At a minimum, the City of demo permits; "Commemoration" efforts are shall require "Documentation" and "Commemoratio done in accordance with the "Commemoration" efforts in accordance with the n" to be provided guidelines established for Historic guidelines established for Historic American Building prior to issuance American Building Survey (HABS) Survey (HABS) consistent with the Secretary of of occupancy consistent with the Secretary of Interior's Standards for Architectural and permits. Interior's Standards for Engineering Documentation. Additional measures Architectural and Engineering Documentation. Item 11: Staff Report Pg. 44 1 Packet Pg. 419 of 692 JUNE 2024 Item 11 NORTH VENTURA COORDINATED EAttachmentA:NVCAPResolution )ENTAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM Implementation Environmental Impact Mitigation Measure Responsibility could include relocation, incorporation of the resources into the project, and/or salvage. The documentation shall be completed by a qualified architectural historian or historian who meets the Secretary of the Interior's Professional Qualification Standards for History and/or Architectural History. Noise Impact N01-1: Construction MM N01-1.1: Applicants for projects within the activities associated with North Ventura Coordinated Area Plan area shall build out of the NVCAP obtain a groundborne vibration study prior to the could generate groundborne issuance of any discretionary permits that would vibration capable of causing allow the use of construction equipment within 22 cosmetic or worse building feet or pile driving within 101 feet of existing damage or adversely structures. The study shall be prepared by a qualified affecting nearby sensitive professional in accordance with industry -accepted receptors. methodology, which include the recommended vibration assessment procedure and thresholds provided by public agencies such as Caltrans and the Federal Highway Administration. The study should identify necessary construction vibration controls to reduce both human annoyance and the possibility of cosmetic damage. Controls shall include, but not be limited to, the following measures: • A list of all heavy construction equipment to be used for this project known to produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds. Implementation Monitoring Monitoring Timing Responsibility Monitoring Action Frequency City of Palo Alto Prior to the PDS Department issuance of discretionary permits for construction City of Palo Alto Ensure that projects prepare and Prior to project PDS Department submit a groundborne vibration approval study by a qualified professional NORTH VENTURA COORDINATED AREA PLAN Item 11: Staff ReportPg.45 PacketPg.420of692 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 11 Attachment A: NVCAP Resolution Implementation Implementation Monitoring Monitoring Environmental Impact Mitigation Measure Responsibility Timing Responsibility Monitoring Action Frequency • Place operating equipment on the construction site as far as possible from vibration -sensitive receptors. • Use smaller equipment to minimize vibration levels below the limits. • Avoid using vibratory rollers and tampers near sensitive areas. • Select demolition methods not involving impact tools. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits. • Avoid dropping heavy objects or materials. Tribal Cultural Resources Impact TCR-1: Future MM TCR-1.1: Cultural Sensitivity Training. Prior to City of Palo Alto Prior to the City of Palo Alto Ensure that projects submit Prior to issuance projects proposed under the issuance of any grading permit, the project applicant PDS Department issuance of any PDS Department evidence that a Cultural of any grading North Ventura Coordinated shall be required to submit evidence that a Cultural grading permit Awareness Training program has permit Area Plan could potentially Awareness Training program has been provided to been provided to construction result in impacts to construction personnel. The training shall be personnel. undiscovered tribal cultural facilitated by a qualified archaeologist in resources. collaboration with a Native American representative registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3. MM TCR-1.2: Sub -Surface Monitoring. Prior to City of Palo Alto Prior to the City of Palo Alto Ensure that projects incorporate Prior to issuance issuance of any tree removal, grading, demolition, PDS Department issuance of any PDS Department a qualified archaeologist and of any grading and/or building permits or activities, the applicant tree removal, Native American monitor to be permit shall notify the Director of Planning, of grading and grading, present during earthmoving construction dates and activities that require a demolition, activities including, trenching, qualified archeologist and Native American monitor and/or building initial or full grading, scraping or to be present on the project site. The City shall then permits or blading, lifting of foundation, notify the tribe via email correspondence 10 days activities boring, drilling, or major prior to any grading or construction activities. If the landscaping. 10 Item 11: Staff Report Pg. 46 1 Packet Pg. 421 of 692 JUNE 2024 Item 11 NORTH VENTURA COORDINATED EAttachmentA:NVCAPResolution )ENTAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM Implementation Implementation Monitoring Monitoring Environmental Impact Mitigation Measure Responsibility Timing Responsibility Monitoring Action Frequency tribe chooses not to send a monitor or does not respond within the 10 days, work shall continue without the monitor. A qualified archaeologist and a Native American monitor, registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall be present during earthmoving activities including, trenching, initial or full grading, scraping or blading, lifting of foundation, boring, drilling, or major landscaping. The qualified archaeologist and Native American monitor shall have the authority to halt construction activities in the event any cultural materials are encountered during ground -disturbing construction activities. The qualified archeologist and Native American monitor shall keep a daily monitoring log on days that monitoring occurs documenting construction activities that were monitored, location of the monitoring, and any cultural materials identified. These daily monitoring logs shall be made available to the City upon request MM TCR-1.3: Treatment Plan. In the event any City of Palo Alto During City of Palo Alto Ensure that the qualified At the time of significant cultural materials are encountered during PDS Department construction PDS Department archaeologist's the find. construction, construction within a radius of 50 feet recommendations are of the find would be halted, the Director of Planning incorporated into the treatment shall be notified, and the on -site qualified plan for any encountered cultural archaeologist shall examine the find and make materials. appropriate recommendations regarding the significance of the find and the appropriate treatment of the resource. The qualified archeologist in collaboration with a Native American monitor, registered with the Native NORTH VENTURA COORDINATED AREA PLAN Item 11: Staff ReportPg.47 PacketPg.422of692 11 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Implementation Environmental Impact Mitigation Measure Responsibility American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall prepare and implement a treatment plan that reflects permit - level detail pertaining to depths and locations of excavation activities. The treatment plan shall contain, at a minimum: Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations. Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found). Monitoring schedules and individuals. Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information). Detailed field strategy to record, recover, or avoid the finds and address research goals. Analytical methods. Report structure and outline of document contents. Disposition of the artifacts. Security approaches or protocols for finds. Appendices: all site records, correspondence, and consultation with Native Americans, etc. Item 11 Attachment A: NVCAP Resolution Implementation Monitoring Monitoring Timing Responsibility Monitoring Action Frequency The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources. The treatment plan must be reviewed and approved by the Director of Planning, or the Director's designee prior to implementation of the plan. MM TCR-1.4: Evaluation. The project applicant shall City of Palo Alto During City of Palo Alto Ensure that any historic or At the time of notify the Director of Planning, Native American PDS Department construction PDS Department prehistoric material identified in the find. 12 Item 11: Staff Report Pg. 48 Packet Pg. 423 of 692 JUNE 2024 Item 11 NORTH VENTURA COORDINATED EAttachmentA:NVCAPResolution )ENTAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM Implementation Implementation Environmental Impact Mitigation Measure Responsibility Timing Monitor, and Archeological Monitor, of any finds during grading or other construction activities. Any historic or prehistoric material identified in the project area during excavation activities shall be evaluated for eligibility for listing in the California Register of Historic Resources as determined by the California Office of Historic Preservation. Data recovery methods may include, but are not limited to, backhoe trenching, shovel test, hand auguring, and hand -excavation. The techniques used for data recovery shall follow the protocols identified in the approved treatment plan. Data recovery shall include excavation and exposure of features, field documentation, and recordation. All documentation and recordation shall be submitted to the Northwest Information Center, and the Director of Planning. Monitoring Monitoring Responsibility Monitoring Action Frequency the project area during excavation activities shall be evaluated for eligibility for listing in the California Register of Historic Resources as determined by the California Office of Historic Preservation. NORTH VENTURA COORDINATED AREA PLAN Item 11: Staff ReportPg.49 PacketPg.424of692 13 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 11 Attachment A: NVCAP Resolution 14 Item 11: Staff Report Pg. 50 Packet Pg. 425 of 692 NOT YET APPROVED Item 11 Attachment B: Ordinance to Implement the NVCAP Ordinance No. Ordinance of the Council of the City of Palo Alto Adding Chapter 18.29 (North Ventura (NV) District Regulations) and Amending Chapters 18.14 (Housing Incentives), 18.24 (Contextual Design Criteria and Objective Design Standards), and 16.65 (Citywide Affordable Housing Requirements) to Implement the North Ventura Coordinated Area Plan (NVCAP) The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Chapter 18.29 (North Ventura (NV) District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: CHAPTER 18.29 NORTH VENTURA (NV) DISTRICT REGULATIONS 18.29.010 Purpose 18.29.020 Applicability of Regulations 18.29.030 Zoning Districts 18.29.040 Definitions 18.29.050 Permitted Uses 18.29.060 Development Standards 18.29.070 Parking and Loading 18.29.080 Context -Based Design Criteria and Objective Design Standards 18.29.090 Housing Incentive Programs for NV District 18.29.100 Non -conforming Uses and Non -Complying Facilities 18.29.110 Transportation Demand Management Plan 18.29.010 Purpose The purpose of the North Ventura district is to implement the vision and framework of the North Ventura Coordinated Area Plan (NVCAP) through use regulations and development standards. 18.29.020 Applicability of Regulations (a) The North Ventura districts shall apply to properties within the NVCAP and designated as North Ventura Coordinated Area Plan within the Palo Alto Comprehensive Plan. Where designated, the regulations set forth in this chapter shall apply in lieu of the comparable provisions established by the underlying zoning district regulations. (b) Refer to the NVCAP for design guidelines related to streets and buildings in conjunction with the regulations contained within this chapter. Page 1 of 19 0160145_20240530_ayl6 Item 11: Staff Report Pg. 51 Packet Pg. 426 of 692 NOT YET APPROVED Item 11 Attachment B: Ordinance to Implement the NVCAP 18.29.030 Zoning Districts The North Ventura districts shall apply to properties designated on the zoning map by the symbol "NV" in front of the zoning district designation. The following zoning districts are intended to create and maintain sites for residential, commercial and mixed -use sites: (a) Single Family Residential District (NV -R1) The NV -R1 single family residential district is intended to create, preserve, and enhance areas suitable for detached dwellings with a strong presence of nature and with open area affording maximum privacy and opportunities for outdoor living and children's play. Minimum site area requirements are established to create and preserve variety among neighborhoods, to provide adequate open area, and to encourage quality design. Accessory dwelling units, junior accessory dwelling units and accessory structures or buildings are appropriate. Community uses and facilities are allowed to the extent no net loss of housing would result. (b) Two Family Residential District (NV -R2) The NV -R2 two-family residential district is intended to allow a second dwelling unit, under the same ownership as the initial dwelling unit, in areas designated for single-family use or NVCAP by the Palo Alto Comprehensive Plan, under regulations that preserve the essential character of single-family use. Community uses and facilities are allowed to the extent no net loss of housing would result. (c) Medium Density Multiple -Family Residential District (NV -R3) The NV -R3 medium density multiple -family residential district is intended to create, preserve and enhance neighborhoods for multiple -family housing with better transition to lower density residential districts. Projects at this density are intended for larger parcels that will enable developments to provide their own parking spaces and to meet their open space needs in the form of garden apartments or cluster developments. While there is no maximum density in the NV -R3 residential district, the NVCAP anticipates realistic development yields ranging from 16 to 30 dwelling units per acre based on the applicable development standards. (d) High Density Multiple -Family Residential District (NV -R4) The NV -R4 high density multiple -family residential district is intended to create, preserve and enhance locations for apartment living at the greater density deemed appropriate for NVCAP. The most suitable locations for this district are along major transportation corridors which are close to mass transportation facilities and major employment and service centers. While there is no maximum density in the NV -R4 residential district, the NVCAP anticipates realistic development yields ranging from 61 to 100 dwelling units per acre based on the applicable development standards. (e) Low Density Mixed -Use District (NV-MXL) The purpose of the NV-MXL district is to allow for small-scale commercial and services with limited amount of residential that is compatible with the surrounding development. While there is no maximum density in the NV-MXL district, the NVCAP anticipates realistic development yields ranging from three to 17 dwelling units per acre. Page 2 of 19 0160145_ 20240530_ay16 Item 11: Staff Report Pg. 52 Packet Pg. 427 of 692 NOT YET APPROVED Item 11 Attachment B: Ordinance to Implement the NVCAP (f) Medium Density Mixed -Use District (NV-MXM) The purpose of the NV-MXM district is to allow for a compatible mix of residential and limited commercial. While there is no maximum density in the NV-MXM district, the NVCAP anticipates realistic development yields ranging from 31 to 70 dwelling units per acre. (g) High Density Mixed -Use District (NV-MXH) The purpose of the NV-MXH district is to allow for a mix of retail, restaurant, entertainment and commercial uses on the ground floor with residential on the upper floors, while maintaining a pedestrian - oriented streetscape. It is intended that the active ground floor retail space required will ensure neighborhood -oriented retail and services are provided within walking distance of high density residential. Ground floor active uses are required along El Camino Real. While no maximum density in the NV-MXH district, the NVCAP anticipates realistic development yields ranging from 61 to 100 dwelling units per acre. (h) Public Facilities District (NV-PF) The NV-PF public facilities district is designed to accommodate governmental, public utility, educational, and community service or recreational facilities. Within the North Ventura area, an approximate one -acre portion of the NV-PF district may permit a 100% affordable housing project. 18.29.040 Definitions For the purposes of this chapter, the following definitions shall apply: (a) "Street yard" means a yard adjoining a street lot line and may also be a front lot line. 18.29.050 Permitted Uses (a) The uses of land allowed by this chapter in each zoning district are identified in the following tables. Land uses that are not listed in the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections not specifically referenced may apply as well. TABLE 1: PERMITTED AND CONDITIONALLY PERMITTED USES P = Permitted Use CUP = Conditional Use Permit Required TUP = Temporary Use Permit Required — = Not Permitted Page 3 of 19 0160145_ 20240530_ay16 Item 11: Staff Report Pg. 53 Packet Pg. 428 of 692 ATTACHMENT F Item 11 Attachment B: Ordinance to Implement the NVCAP LAND USE NV- NV- NV- NV- NV- NV- NV- NV- Subject to R1 R2 R3 R4 MXL MXM MXH PF Regulations (1)(5) (5) In: ACCESSORY AND SUPPORT USES Accessory facilities P P P P P P P — 18.40 and activities 18.10.080 customarily 18.12.080 incidental to the permitted use Accessory Dwelling P P P P P P P — 18.09 Unit & Junior Accessory Dwelling Unit when accessory to primary and permitted residential use Home Occupations, P P P P P P P P 18.42 when accessory to permitted residential use Horticulture, P P P P P P P — Gardening, and Growing of food products for consumption by occupants of a site EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Private Clubs, — — — CUP CUP — — — Lodges, or Fraternal Organizations, excluding any such facility operated as a business for profit Private Educational CUP CUP CUP CUP CUP P P — Facilities Religious CUP CUP CUP CUP P P P — Institutions OFFICE USES(2) Administrative — — — — P P P — 18.29.050(a) Office Services Medical Offices — — — — P P P — 18.29.050(a) Professional and — — — — P P P — 18.29.050(a) General Business Offices PUBLIC/QUASI-PUBLIC USES Page 4 of 19 Item 11: Staff Report Pg. 54 Packet Pg. 429 of 692 NOT YET APPROVED Item 11 Attachment B: Ordinance to Implement the NVCAP Community Centers CUP CUP CUP CUP — — — CUP (3) Utility Facilities CUP CUP CUP CUP CUP CUP CUP — essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards. RECREATION USES Neighborhood — — CUP CUP — — — CUP Recreational (3) Centers Commercial — — — — CUP CUP CUP CUP Recreation (3) Outdoor Recreation CUP CUP CUP CUP — CUP CUP CUP Services (3) Youth Clubs — — — — — — — CUP (3) RESIDENTIAL USES Single -Family P P — — — — — — Two -Family P P — — — — — — 18.42.180 Multiple -Family — — P P P P P p(4) Residential Care P P P P P P P — Homes RETAIL USES Eating and Drinking — — P P P P P CUP 18.40.160, Services, except (3) 18.29.050(c) drive-in and take- out services Personal Services — — P P P P P CUP 18.40.160, and Retail Services (3) 18.29. 050(c) of a neighborhood - serving nature Liquor stores — — — — — P P — 18.40.160, 18.29. 050(c) SERVICE USES Animal Care, — — — — P P P — 18.29. 050(c) excluding boarding and kennels Convalescent — — — CUP P P P — Facilities Day Care Centers CUP CUP CUP P P P P — 18.40.160 Page 5 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 55 Packet Pg. 430 of 692 NOT YET APPROVED Item 11 Attachment B: Ordinance to Implement the NVCAP Large Family Day P P P P P P P p13) Care Homes Small Family Day P P P P P P P p)3) Care Homes Large Adult Day CUP CUP P P P P P p(3) Care Homes Small Adult Day P P P P P P P p(3) Care Homes Financial Services — — — — P P P — 18.29.050(a) 18.29.060(b) General Business — — — — P P P — 18.29. 050(a) Services 18.29.060(b) Hotels — — — — — P P — 18.40.160, 18.16.060(d) Personal Services — — — — P P P — 18.40.160, 18.29. 050(c) 18.29.060(b) AGRICULTURAL AND OPEN SPACE USES Park uses and uses — — — — — — — P incidental to park operation All facilities owned — — — — — — — P or leased, and operated or used, by the City of Palo Alto, the County of Santa Clara, the State of California, the government of the United States, the Palo Alto Unified School District, or any other governmental agency, or leased by any such agency to another party Utility Facilities — — — — — — — CUP TEMPORARY USES Temporary Uses — — TUP TUP — — — — 18.42.050 Farmer's Markets — — — — — CUP CUP — Temporary Parking — — — — — CUP CUP CUP Facilities, provided (3) that such facilities shall remain no Page 6 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 56 Packet Pg. 431 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP more than five years Notes: (1) For NV-MXL zoning district, the total floor area of non-residential uses permitted and conditionally permitted on a lot shall not exceed 5,000 square feet. (2) For office uses, total floor area of permitted office uses on a lot shall not exceed 5,000 square feet. (3) Provided such use is conducted on property owned by the City of Palo Alto, the County of Santa Clara, the State of California, the government of the United States, the Palo Alto Unified School District, or any other governmental agency, and leased for said uses. (4) Only a 100% Affordable Housing Project is permitted. Development shall follow NV -R4 standards. (5) Ground floor uses shall comply with the ground floor edge framework set forth in NVCAP section 2.3. (a) Office Use Restrictions (1) Conversion of Ground Floor Housing and Non -Office Commercial to Office Medical, Professional, and Business offices shall not be located on the ground floor, unless any of the following apply to such offices: (A) Have been continuously in existence in that space since DATE OF ADOPTION OF NVCAP, and as of such date, were neither non -conforming nor in the process of being amortized pursuant to Chapter 18.30(1); (B) Occupy a space that was not occupied by housing, neighborhood business service, retail services, personal services, eating and drinking services, or automotive service on DATE OF ADOPTION OF NVCAP or thereafter; (C) Occupy a space that was vacant on DATE OF ADOPTION OF NVCAP; or (D) Are located in new or remodeled ground floor area built on or after DATE OF ADOPTION OF NVCAP if the ground floor area devoted to housing, retail services, eating and drinking services, and personal services does not decrease. (E) Along El Camino Real, the office use has a consistent flow of in -person customers visiting the business, such as a dentist or medical office. (2) Size Restrictions on Office Uses in the NV District (A) Total floor area of permitted office uses on a lot shall not exceed 5,000 square feet. (b) Late Night Use and Activities Late Night Use and Activities requirements established in Section 18.42.040 shall apply to NV zoning districts. (c) Active Ground Floor Commercial Uses The NVCAP requires active ground floor uses along the El Camino Real corridor and encourages active ground floor uses on other designated streets. Active uses are activities and functions that promote social Page 7 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 57 Packet Pg. 432 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP engagement, vitality, and interaction within a community. Refer to NVCAP, Section 2.3 for detailed requirements. (1) Active ground floor commercial uses generally include retail, personal services, neighborhood business service, and eating and drinking establishments. These may also include other active uses such as daycare, building lobbies, spaces accessory to residential uses such as fitness rooms, workspaces, leasing offices, bicycle facilities (Class I) with direct access to the sidewalk. Office uses may be included only to the extent they are permitted in ground floor regulations, are consistent with 18.29.080(a) and have a regular flow of in -person customers. (2) Ground floor commercial uses are required for properties with frontage along El Camino Real, as shown in the NVCAP Section 2.3 (Ground Floor Edges). (3) Ground floor commercial uses shall have a minimum floor to ceiling height of 14 feet. (4) Retail or retail -like at the ground floor is required at the intersections of El Camino Real and Olive Avenue, and El Camino Real and Portage Avenue. (5) 100% affordable housing projects are exempt from providing ground floor commercial uses. 18.29.060 Development Standards (a) The following tables specify the development standards that shall apply to NV district properties. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the development standard; however, provisions in other sections may apply as well. TABLE 1: LOW DENSITY RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARD NV -R1 NV -R2 Subject to Regulations In: Minimum Setbacks Setback lines imposed by a special 18.10.050 setback map pursuant to Chapter 20.08 of this code may also apply Street yard (ft) Pepper Ave: Olive Ave: 18.29.020(b) 10' to create a 10' 12' effective sidewalk width (1) Olive Ave: 10' Height (ft) 35' 35' Parking None None 18.29.070 Other development standards See regulations See regulations in Chapter 18.12 in Chapter 18.10 Notes: (1) The effective sidewalk width includes the pedestrian clear zone and landscape/furniture zone as described in PAMC 18.24.020. Page 8 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 58 Packet Pg. 433 of 692 NOT YET APPROVED Item 11 Attachment B: Ordinance to Implement the NVCAP TABLE 2: MULTI -FAMILY RESIDENTIAL & MUTLI-FAMILY RESIDENTIAL MIXED -USE DEVELOPMENT STANDARDS DEVELOPMENT STANDARD NV -R3 NV -R4 Subject to Regulations In: Minimum Site Specifications Site Area (ft2) 8,500 Site Width (ft) 70 Site Depth (ft) 100 Minimum Setbacks Street Yard (ft) Park Blvd.: 10' Park Blvd.: 10' 18.29.020(b) Ash St: 5' Olive Ave.: 20' Acacia Ave: 5' Ash St.: 5' Portage Ave: 5' Page Mill Rd: sufficient to create a 12' effective sidewalk width(2)(3) Interior Side Yards (ft) 5' 5' Interior Rear Yards (ft) 10' 10' Build -to -Lines 50% of frontage built to setback(') 33% of side street built to setback(') Maximum Height (ft) Standard 45' 65' 18.29.100 Daylight Plane, for side and rear lot 10' initial height lines for sites abutting any NV -R1 or 45 -degree daylight plane angle NV -R2 district or abutting a site containing a single-family or two- family residential use in a mixed -use district Daylight Plane, for side and rear lot Refer to 18.24.050(b)(1)(C) lines for sites abutting any NV -R3, NV -R4, Planned Community, or mixed -use district that does not contain a single-family or two-family residential use Maximum Lot Coverage (%) Base 60 80 Additional area permitted to be 5 5 covered by covered patios or overhangs otherwise in compliance with all applicable laws Floor Area Ratio (FAR) Maximum Residential FAR 1.5:1 3.0:1 Maximum Non-residential FAR 0.15:1 0.15:1 18.29.050(c) Total Mixed -Use FAR 1.5:1 3.0:1 Residential Density (net units per acre) Page 9 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 59 Packet Pg. 434 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP DEVELOPMENT STANDARD NV -R3 NV -R4 Subject to Regulations In: Maximum units per acre None None Minimum units per acre 16 61 Minimum Landscape/Open Space 30 10 Coverage (%)(4) Minimum Usable Open Space (ft2 150 150 per unit) Minimum Common Open Space (ft2 75 75 per unit) Minimum Private Open Space (ft2 50 50 per unit) Landscape Requirements 18.40.130 Parking None Required 18.29.070 Notes: (1) 25 -foot driveway access permitted regardless of frontage. (2) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (3) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (4) Landscape coverage may be provided above the ground -floor. TABLE 3: MIXED -USE DEVELOPMENT STANDARDS DEVELOPMENT NV-MXL NV-MXM NV-MXH Subject to STANDARD Regulations In: Minimum Site None Required Specifications Site Area (ft2) Site Width (ft) Site Depth (ft) Minimum Setbacks Street Yard (ft) Ash St.: 5' El Camino Park Blvd: 5' 18.29.020(b) Olive Ave.: 10' Real: sufficient El Camino Real: Portage Ave: 0' to create a 12' sufficient to Pepper Ave: 10' effective create a 12' sidewalk effective width(1)(2) sidewalk El Camino width(1)(2) Real: sufficient Oregon to create a 12' Expy/Page Mill effective Rd: sufficient to sidewalk create a 12' width(1)(2) Page 10 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 60 Packet Pg. 435 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP DEVELOPMENT NV-MXL NV-MXM NV-MXH Subject to STANDARD Regulations In: Pepper: 10' effective Olive Ave 10' sidewalk(')(') Ash St: 5' Lambert Ave: 5' Park Blvd: 10' Acacia Ave: 5' Lambert Ave: Portage Ave: 5' 5' Portage Ave: 5' Acacia Ave: 5' Build -to -Lines None For properties abutting El Camino Real: 50% of frontage built to setback(') 33% of side street built to setback(') Rear Yard (ft) 10' 10' for 10' for residential residential portion/ none for portion/ none commercial for commercial portion portion Rear Yard abutting 10' 10' 10' residential zone district (ft) Interior Side Yard (ft) 10' 5' 5' Build -to -lines None Required Permitted Setback Refer to Section 18.40.070 Encroachments Maximum Setback (ft) Not applicable El Camino El Camino Real: Real: 10' 10' Maximum Lot Coverage 50 100 100 (%) Minimum 20 10 10 Landscape/Open Space Coverage (%) Usable Open Space 150 per unit 18.16.090 (Private and/or Common) (ft2) Maximum Height (ft) 18.29.100 Standard 35' 55' 65' Ground Floor Height Refer to Section 18.24.060(c)(5)(A) Daylight Plane for lot Daylight plane height and slope shall be identical to those lines abutting one or of the most restrictive residential zoning district abutting more residential zoning the lot line districts Residential Density (net units per acre) Page 11 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 61 Packet Pg. 436 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP DEVELOPMENT NV-MXL NV-MXM NV-MXH Subject to STANDARD Regulations In: Maximum units per None Required acre Minimum units per acre 3 31 61 Floor Area Ratio (FAR) Maximum Residential 0.5:1 2.0:1 3.0:1 FAR Maximum Non- 0.25:1 0.25:1 0.25:1 18.29.050(c) residential FAR(4) 18.29.060(c) Minimum Mixed -Use 0.15:1 0.15:1 0.15:1 18.29.050(c) Ground Floor Commercial FAR Total Mixed -Use FAR 0.5:1(4) 2.0:1 3.0:1 Parking None Required 18.29.070 Notes: (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (3) The 150 -foot measurement may be reduced to 50 feet at minimum, subject to approval by the Planning Director, upon recommendation by the Architectural Review Board pursuant to criteria set forth in Chapter 18.76. (4) As provided in 18.29.060(c), maximum FAR for hotels shall be 2.0:1. Hotel projects in the NV-MXL zone may reach a Total Mixed -Use FAR of 2.0:1. TABLE 4: PUBLIC FACILITIES DEVELOPMENT STANDARDS') DEVELOPMENT STANDARD NV-PF Subject to Regulations In: Minimum Setbacks Street Yard (ft) Portage Ave: 0' 18.29.020(b) Park Blvd: 10' Lambert Ave: 5' Rear Yard (ft) 10' 18.40.140 Side Yard (ft) 5' Maximum Site Coverage (%) Multiple -Family Residential Use 100 Other Uses 20 Minimum Landscape/Open Space Coverage (%) Multiple -Family Residential Use 0 Other Uses Not applicable Usable Open Space (Private and/or Common) (ft2) Multiple -Family Residential Use 150 per unit Page 12 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 62 Packet Pg. 437 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP DEVELOPMENT STANDARD NV-PF Subject to Regulations In: Maximum Height (ft) 18.29.100 Multiple -Family Residential Use 65' Other Uses Maximum Floor Area Ratio (FAR) Multiple -Family Residential Use 3.0:1 Other Uses 1.0:1 Parking 18.29.070 Notes: (1) Residential standards in this table shall only be applicable to 100% Affordable Housing Projects. For standards not listed in Table 4 for 100% Affordable Housing Projects in NV-PF, refer to applicable NV - R4 development standards in PAMC 18.29.060, Table 2. (b) Storefront Guidelines Where active use and retail frontages are required or located within the NV district on the ground floor, the following design standards shall apply: (1) Exterior windows on the ground floor shall use transparent glazing to the extent feasible. Low -e glass or minimal tinting to achieve sun control is permitted, so long as the glazing appears transparent when viewed from the ground level. (2) Window coverings are not permitted on the ground floor during typical business hours. Where operations preclude transparency (e.g., theaters) or where privacy requires window coverings, sidewalk - facing frontage shall include items of visual interest including displays of merchandise or artwork; visual access shall be provided to a minimum depth of three (3) feet. (3) No more than 10% of the total street -facing building facade or a maximum of 25 feet in width, whichever is greater, shall be dedicated to mechanical equipment rooms, parking garage entrances, exit stairs, and other facilities necessary for building operation. (c) Hotel Regulations (1) The purpose of these regulations is to allow floor area for development of hotels more than floor area limitations for other commercial uses, to provide a visitor -serving use that results in an enhanced business climate, increased transient occupancy tax and sales tax revenue, and other community and economic benefits to the city. (2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1, subject to the following limitations: (A) The hotel use must generate transient occupancy tax (TOT) as provided in Chapter 2.33 of the Palo Alto Municipal Code; and (B) No room stays more than thirty days are permitted, except where the city council approves longer stays through an enforceable agreement with the applicant to provide for compensating revenues. (3) Hotels may include residential condominium use, subject to: Page 13 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 63 Packet Pg. 438 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP (A) No more than twenty-five percent (25%) of the floor area shall be devoted to condominium use; and (B) No more than twenty-five percent (25%) of the total number of lodging units shall be devoted to condominium use; and (C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s); and (D) Where residential condominium use is proposed, room stays for other hotel rooms shall not exceed thirty (30) days. (4) Violation of this chapter is subject to enforcement action for stays more than thirty days not permitted under the provisions of this chapter, in which case each day of room stay more than thirty days shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters 1.12 and 1.16. 18.29.070 Parking and Loading In accordance with Assembly Bill 2097 (2022), no minimum automobile parking is required for properties within the NV Districts except for projects including transient lodging. There are no maximum parking standards. Standards for transient lodging and other parking standards, such as bicycle parking, and parking design standards are contained within PAMC Chapters 18.52 and 18.54. 18.29.080 Context -Based Design Criteria and Objective Design Standards In addition to the development standards prescribed in 18.29.050, all Housing Development Projects shall comply with the objective standards outlined in Chapter 18.24, as defined herein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process. In the event of any conflict between the development standards established in this Chapter and those established in Chapter 18.24, the NVCAP standards shall prevail. (a) Multiple Family Context -Based Design Criteria Refer to Section 18.13.060 for the Context Based Design Criteria. (b) Mixed -Use and Commercial Context -Based Design Criteria Refer to Section 18.16.090 for the Context Based Design Criteria. 18.29.090 Housing Incentive Programs for NV District (a) Housing development projects in the NV Districts may utilize any Housing Incentive Program or Affordable Housing Incentive Program set forth in Sections 18.14.030 and 18.14.040. 18.29.100 Non -conforming Uses and Non -Complying Facilities Any uses or facilities rendered non -conforming or non -complying by this Chapter shall be subject to Chapter 18.70, including the schedules for required termination of non -conforming uses under Section 18.70.070. Page 14 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 64 Packet Pg. 439 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP 18.29.110 Transportation Demand Management Plan A transportation demand management plan shall be required for all new development projects or any projects that meet the conditions listed in PAMC Section 18.52.030(i). SECTION 2. Table 1 of Section 18.14.020 (Housing Element Opportunity Sites) of Chapter 18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined): Table 1 Housing Element Opportunity Site Development Standards (Residential and Commercial Mixed Use Districts) Base Zoning Maximum Far(') Minimum Residential Density Other District Landscape (du/ac)(4) Development Coverage Standards Residential Total Minimum Maximum CC(2) 1.5 2.0 (3) 20 See base See base district district regulation regulations: CC 1.25 1.25 (3) 20 18.16.060 s: 18.16.0 60 CS (El Camino 1.25 1.25 (3) 20 Real) CS (Other) 1.25 1.25 (3) 20 See HE Appendix D CN (El Camino 1.25 1.25 30%(3) 20 See base Real) district regulation s: 18.16.0 60 CN (Other) 1.25 1.25 30%(3) 20 See HE Appendix D CD -C 2.0 2.0 (2) (3) 20 See base See base district district regulations: regulation s: 18.18.0 18.18.060 60 Page 15 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 65 Packet Pg. 440 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP CD -N 1.5 1.5 (3) 20 See HE Appendix D RP 1.25 1.25 (3) 25 None; 40 See base district du/ac regulations: anticipate d 18.20.040 RM-40 1.5 1.5 (3) 31 See HE See base district Appendix D regulations: 18.13.040 RM-30 1.25 1.25 (3) 20 RM-20 1.25 1.25 See 18.13.0 20 40 NV -R3 See base district regulations: 18.29.060, except that maximum height shall be 50', maximum lot coverage shall be 70%, and minimum density shall be 25 du/ac. Notes: (1) Nothing in this table increases the non-residential floor area permitted in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground -floor. If standard is not specified, refer to base district regulations. (4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by estimating the realistic development capacity of the site based on the objective development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for specified densities. SECTION 3. Section 18.24.010 (Purpose and Applicability) of Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined, and unchanged text omitted by bracketed ellipses): 18.24.010 Purpose and Applicability (a) Purpose (b) Applicability of Regulations These regulations apply to new construction and renovations of Housing Development Projects (as defined in Gov. Code 65589.5, but excluding projects compromised of single- or two-family uses with one or more ADUs), including supportive and transitional housing, and residential mixed -use projects with at least two-thirds residential square footage. Regulations Page 16 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 66 Packet Pg. 441 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP apply both „ construction and r ati r. within the following zones and combining districts: (1) Chapter 18.12: R-1, for multiple -family uses only (2) Chapter 18.13: RM-20, RM-30, RM-40 (23) Chapter 18.16: CN, CC, CC(2), CS (34) Chapter 18.18: CD -C, CD -S, CD -N (45) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM (§6) Chapter 18.28: PF (7) Chanter 18.29: NV -N3. NV -R4. NV-MXM. NV-MXH (68) Chapter 18.34: PTOD combining district • ., ..::: ]:: :iiitwur....:- (c) Process and Alternative Compliance SECTION 4. Section 16.65.030 (Basic affordable housing requirement - residential ownership projects) of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building Regulations) is amended to read as follows (additions underlined, and unchanged text omitted by bracketed ellipses): 16.65.030 Basic affordable housing requirement - residential ownership projects. The provisions of this section shall apply to all residential ownership projects, including the residential ownership portion of any mixed use project containing three or more units, except for any residential ownership project exempt under Section 16.65.025. (a) Unless an alternative is approved as described in Section 16.65.080, residential ownership projects shall provide the following: (1) For projects on sites of less than five acres, fifteen percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households; (2) For projects on sites of five acres or more and all townhome projects in the NV districts, twenty percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households; and Page 17 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 67 Packet Pg. 442 of 692 Item 11 Attachment B: Ordinance NOT YET APPROVED to Implement the NVCAP (3) For projects that convert existing rental housing to condominiums, other residential ownership or nonresidential space or that remove existing rental housing, twenty-five percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households. (4) Calculations of the number of affordable units required by this section shall be based on the number of dwelling units in the residential project, excluding any density bonus units. Projects shall not receive a credit for any existing dwelling units demolished as part of the project. (b) The affordable units shall be made available at the following affordable sales prices: [...] SECTION 5. Section 16.65.040 (Basic requirement - mixed use, nonresidential and residential rental projects) of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building Regulations) is amended to read as follows (additions underlined; deletions struck through): 16.65.040 Basic requirement - mixed use, nonresidential and residential rental projects. _Unless the mixed use, nonresidential or residential rental project is exempt under Section 16.65.025 or an alternative is approved as described in Section 16.65.080, all mixed use, nonresidential and residential rental projects shall pay housing impact fees as specified in Section 16.65.060 to mitigate the projects' impacts on the need for affordable housing; except: that t#eThe residential ownership portion of a mixed use project containing three or more units shall comply with Section 16.65.030. In the NV districts, residential rental projects, including mixed use projects containing residential rental units, shall provide fifteen percent of the dwelling units in the project at rates affordable to lower income households. SECTION 6. Pipeline Projects. This Ordinance and the NVCAP shall not apply to any project application deemed complete prior to the effective date of this Ordinance. Any project completed pursuant to such application shall be deemed a legal non -conforming structure and/or use, subject to the provisions of Palo Alto Municipal Code Chapter 18.70. SECTION 7. On XXXX, 2024, the City Council adopted Resolution No. XXXX, certifying the NVCAP Supplemental Environmental Impact Report (SEIR) to the Final Environmental Impact Report for the 2030 Palo Alto Comprehensive Plan, and making required findings, including a statement of overriding considerations. Page 18 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 68 Packet Pg. 443 of 692 NOT YET APPROVED Item 11 Attachment B: Ordinance to Implement the NVCAP SECTION 8. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 9. Effective Date. This ordinance shall be effective on the thirty-first day after the date of its adoption (second reading). INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Mayor APPROVED: City Manager Director of Planning and Development Services Page 19 of 19 0160145_20240530_ay16 Item 11: Staff Report Pg. 69 Packet Pg. 444 of 692 Item 11 Attachment C: Links to the Public Draft NVCAP, Draft SEIR, Final SEIR, and Attachment C: MMRP Link to the Final Supplemental EIR: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development- services/north-ventura-cap/final-eir nvcap-6-3-24.pdf Link to the Draft Mitigation Measures and Monitoring Program (MMRP): https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development- services/north-ventura-cap/nvcap-final-mmrp-6-3-24.pdf Link to the Draft Supplemental EIR (appendices can be found under "Environmental Documents" section of the project website) https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development- services/north-ventura-cap/draft-seir-nvcap-march-2024.pdf Link to the Draft North Ventura Coordinated Area Plan, June 2024 (clean version): https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development- services/north-ventura-cap/finaldraft nvcap clean 2024 06 final web.pdf Link to the Draft North Ventura Coordinated Area Plan, March 2024: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development- services/north-ventura-cap/nvcaa oublicdraft 2024 03 web2. Item 11: Staff Report Pg. 70 Packet Pg. 445 of 692 Item 11 Attachment D: Summary of the Endorsed Preferred Plan and Refinements Attachment D: Summary of Preferred Plan City Council endorsed 01/10/2022 & refined 11/14/2022 (or strikethrough) Component Preferred Plan Draft Plan Housing • 530 housing units • 530 housing units Affordable Housing Height/Density and Transitions • Emphasizes townhomes near • existing residential; mid -rise residential/mixed-use on corridors and elsewhere in plan area. • Taller mid -rise residential/mixed- use along Park Boulevard adjacent to train tracks. • Include 100% affordable housing height limits based on the minimum height necessary for a five -story retail affordable housing project (e.g., 55') or a six story non -retail affordable housing project (e.g., 65'). • • • Require 20% BMR for for -sale townhomes, 15% for for -sale condos, and for rental 15% BMR or use in -lieu fee. (66% of units affordable to households of 80- 100% area median income (AMI) and up to 33% affordable to households 100-120% AMI.) Place higher heights and greater densities on El Camino Real and Page Mill Road, where multifamily and residential mixed -use buildings with ground floor retail would be permitted. Transition between higher density/height areas and existing single-family homes through height transitions. Expand Housing Incentive Program or similar into other areas other than El Camino Real corridor. Emphasizes townhomes on cannery property. Mid -rise residential/mixed- use on corridors and elsewhere in the plan. Affordable housing site adjacent to public park site. Taller mid -rise residential/mixed-use along Park Boulevard adjacent to train tracks. See also "Height/Density and Transitions" • 100% affordable housing height limits determined by state density bonus housing law (33' above base zoning height limit) • Requires 20% BMR for for -sale townhomes, 15% for for -sale condos, and for rental 15% BMR or use in -lieu fee. (66% of units affordable to households of 80-100% area median income (AMI) and up to 33% affordable to households 100-120% AMI.) See also "Height/Density and Transitions" • Rezones proposed in the plan area to transition from commercial, general manufacturing and residential to residential and residential mixed -use (low, medium, and high density). • Greater heights and densities are located along corridors (El Camino Real, Page Mill and Park Boulevard). Height is limited for cannery building adaptive reuse projects. Height transitions will follow objective standard requirements in the Palo Alto Municipal Code. Item 11: Staff Report Pg. 71 Packet Pg. 446 of 692 Item 11 Attachment D: Summary of the Endorsed Preferred Plan and Refinements Component Preferred Plan Draft Plan • Allow 45 feet transition on El Camino • Height limits range from 30 to 65 feet. • Raise the height limit along Park • Increase FAR for residential for 395 Blvd to 55 feet, for residential or Page Mill and Park Boulevard. residential mixed -use without increasing commercial FAR • Limits commercial FAR throughout the plan area. • Request Staff to evaluate zoning changes that would increase FAR • Housing Incentive Program would for housing on commercial sites follow the Citywide Housing Incentive along Park Blvd. and Page Mill Rd. Program (Chapter 18.14) Open Space Parks, pedestrian and/or bike • Includes creek option #3 for full connection, landscape setbacks and naturalization buffers. Creek option #3, full naturalization. Look for preferred park • Identifies 2.25 -acre public park locations (larger public spaces location adjacent to creek desired). Park development based on no less than 1.6 acres/1,000 residents to 1.7 acres/1,000 residents. Office • Allows existing large -format office • Plan sites are rezoned and allow floor area to continue. Once limited office space (up to 5,000 sf) demolished, the office space may per parcel. not be rebuilt. • Existing office space to continue until • Would allow new, ground -floor, demolished, then parcel must conform small, professional office (such as with underlying zoning requirements. dentist, etc.). (5,000 sf or less) • Define low density R&D zone See also "Commercial Parking Ratio." a limiting density. (not employment clear owhat this means) • Define strict TDM Retail Would allow ground floor retail. • Allows ground floor retail and Encourages active -ground floor uses, encourages ground floor active uses which can be retail or retail -like. along Park Boulevard. Requires ground Required on ECR, consider on Park. floor active uses along El Camino Real. Requires ground floor retail along El Deed restricted retail required to get Camino Real at Portage and Acacia. 15' first floor height incentive. • Requires minimum ground floor ceiling height to be consistent with Item 11: Staff Report Pg. 72 Packet Pg. 447 of 692 Item 11 Attachment D: Summary of the Endorsed Preferred Plan and Refinements Component I Preferred Plan I Draft Plan 340 Portage (Cannery) 395 Page Mill Rd (Cloudera) Residential Parking Ratio Maintains the cannery building and Ash Office Building and allows for 2 possible uses of the buildings: (1) continued use as retail and office space (2) adaptive re -use into housing (transition to housing is a long-term vision). Also permits the construction of housing on remaining portions of the parcel, specifically the two remaining surface parking lots on the property. Ash Building —Creative Arts space (see concept plan, page 180) Expanded setback needed due to creek naturalization — easements and/or acquisition needed. 65 feet for 100% affordable site at 340 Portage without retail, (to include 5 stories of residential, with one level for parking) Staff will review and return with recommendation about designation of 340 Portage Rd as a historical resource Retain office, parking garage, Swale, etc. Allows multifamily housing at moderate density on remaining surface parking lot; allow internal height of 55'. objective design standards (Chapter 18.24) Maintains the cannery building and Ash Office Building and allows for 2 possible uses of the buildings: (1) continued use as retail and office space (2) adaptive re -use into housing (transition to housing is a long-term vision). Also permits the construction of housing on remaining portions of the parcel, specifically the two remaining surface parking lots on the property. • 2.25 -acre public park site identified 100% Affordable housing site identified adjacent to the public park site to comply with development standards for R-4, including the height limit of 65'. • Implementation measure to explore within the first -year historic designation of the cannery building and the Ash building. Site is rezoned to high density residential. Allow height up to 65 feet. No parking minimums or maximums. Implementation measure to explore TDM programs and evaluate parking management within the area. Item 11: Staff Report Pg. 73 Packet Pg. 448 of 692 Item 11 Attachment D: Summary of the Endorsed Preferred Plan and Refinements Component Preferred Plan Draft Plan • No parking minimums & maximums • Define strict TDM and evaluate a city initiated RPP district to protect residential parking Commercial • Blended standard rate sam^ • No parking minimums or maximums. as Parking Ratio Downtown Palo Alto: 1 . 250 sf. • Implementation measure to explore TDM programs and evaluate parking • Exempt first 1,500 sf of management within the area. ground floor commercial floor area from parking requirement. • No parking minimums & maximums • Define strict TDM Transportation • Follow concept plan, see • Plan to follow preferred plan. Improvements attachment A (page 34) from 6/2021 council report • EIR to evaluate woonerf impacts. • Evaluate removing the woonerf to decrease congestion as an option in the EIR Item 11: Staff Report Pg. 74 Packet Pg. 449 of 692 Item 11 Attachment E: Summary of Goals and Objectives Consistency ATTACHMENT E — CONSISTENCY WITH NVCAP GOALS & OBJECTIVES Consistency documents can be found at: www.cityofpaloalto.org/nvcap Table 1: NVCAP Goals Goals Housing and Land Use Add to the City's supply of multifamily housing, including market rate, affordable, "missing middle," and senior housing in a walkable, mixed use, transit -accessible neighborhood, with retail and commercial services, open space, and possibly arts and entertainment uses. Transit, Pedestrian and Bicycle Connections Create and enhance well-defined connections to transit, pedestrian, and bicycle facilities, including connections to the Caltrain station, Park Boulevard and El Camino Real. Connected Street Grid Create a connected street grid, filling in sidewalk gaps and street connections to California Avenue, the Caltrain Station, and El Camino Real where appropriate. Community Facilities and Infrastructure Carefully align and integrate development of new community facilities and infrastructure with private development, recognizing both the community's needs and that such investments can increase the cost of housing. Consistency Chapter 2 (Vision) illustrates the overall NVCAP goals with different strategies. Section 2.2 (Land Use) includes urban design and land use frameworks that calibrate the optimal mix of uses, and provides different types of multi -family and mixed -use development. Section 2.2 also specifies the land use program endorsed by the City Council, which includes additional 530 dwelling units, a new park, and a net reduction of nonresidential uses. The NVCAP envisions a walkable neighborhood with better circulation and community amenities along with mobility framework (Section 2.4) and ecological framework (Section 2.5). Section 2.4 (Mobility) of Chapter 2 (Vision) emphasizes well-balanced and safe streets, with pedestrian and bicycle facilities designed for all ages and accessible paths to transit within the plan area and beyond. Chapter 4 (Accessibility and Mobility) includes gateway intersection concept design and street design that would support achieving these goals. Chapter 4 also includes standards and guidelines for pedestrian realm (Section 4.1), Bike Network (Section 4.2), Transit Access (Section 4.5) and Vehicle Circulation and Parking (Section 4.6), and TDM Strategies (Section 4.7) to support the mobility framework. To achieve the goal of carefully integrating new community facilities and infrastructure with private development, the plan incorporates several key elements. Standards and guidelines across Chapter 4 (Accessibility and Mobility) and Chapter 5 (Parks and Open Space) ensure new developments seamlessly connect with planned infrastructure like pedestrian paths, bicycle facilities, a public park, and naturalization of Item 11: Staff Report Pg. 75 Packet Pg. 450 of 692 Item 11 Attachment E: Summary of Goals and Objectives Consistency Goals Consistency Matadero creek. The mobility framework (Section 2.4) and ecological framework (Section 2.5) further integrate these elements by strategically placing them alongside private development. Chapter 3 (Public Realm) provides additional standards and guidelines that support the community needs. Balance of Community Interests Section 2.2 (Land Use) describes different types Balance community -wide objectives with the of land uses, development types, as well as interests of neighborhood residents and ground floor uses that should include commercial minimize displacement of existing residents. uses. These include community serving retail and commercial that would support additional housing envisioned in the plan area. In addition, Chapter 5 (Parks and Open Space) includes standards and guidelines that would guide development of a new park and naturalization of Matadero creek to provide outdoor and recreational facilities. Urban Design, Design Guidelines and In addition to NVCAP zoning ordinance, the Neighborhood Fabric NVCAP document also includes various sections Develop human -scale urban design and chapters that would contribute to well - strategies, and design guidelines that balanced and human -scale development to strengthen and support the neighborhood strengthen and support the neighborhood fabric: fabric. Infill development will respect the • Chapter 2.6 (Urban Form) scale and character of the surrounding � Chapter 3 (Public Realm), residential neighborhood. • Chapter 4 (Accessibility and Mobility) • Chapter 5 (Parks and Open Space) • Chapter 6 (Site and Building Design) • Chapter 7 (Implementation) Table 2: NVCAP Objectives Objectives Consistency Data Driven Approach: The NVCAP was developed with numerous Employ a data -driven approach that considers technical and background reports, including but community desires, market conditions and not limited to: forecasts, financial feasibility, existing uses • Existing Conditions Report and development patterns, development • Matadero Creek Renaturalization Report Item 11: Staff Report Pg. 76 Packet Pg. 451 of 692 Item 11 Attachment E: Summary of Goals and Objectives Consistency Objectives capacity, traffic and travel patterns, historic/cultural and natural resources, need for community facilities (e.g., schools), and other relevant data to inform plan policies. Comprehensive User -Friendly Document and Implementation: Create a comprehensive but user-friendly document that identifies the distribution, location and extent of land uses, planning policies, development regulations and design guidelines to enable development and needed infrastructure investments in the project area. Guide and Strategy for Staff and Decision MakPrc- Provide a guide and strategy for staff and decision -makers to bridge the gap between the goals and policies of the Comprehensive Plan and individual development projects in order to streamline future land use and transportation decisions. Meaningful Community Engagement: Enable a process with meaningful opportunities for community engagement, within the defined timeline, and an outcome (the CAP document) that reflects the community's priorities. Consistency • Economic Feasibility Report by Strategic Economics • 340 Portage Ave Historic Resource Evaluation • NVCAP Windshield Survey and Preliminary Historic Resource Eligibility Analysis • Memoranda on VMT and Traffic Analysis These technical and background reports are available at the project website: www.cityofpaloalto.org/nvcap. The overall document includes graphics, color, tables organized for optimal readability. The document is color coded for better navigation and also includes a table of contents in the beginning of the document as well as each chapter to make the document user-friendly. Chapter 2 (Vision) serves as the foundation, outlining the NVCAP's overall framework, including land use, mobility, and ecological design. Chapter 7 (Implementation) then provides a clear roadmap by detailing specific actions and funding strategies that will translate the vision into reality. In addition, individual development projects may be able to utilize the environmental analysis provided in the Supplemental Environmental Impact Report to streamline the entitlement process. Section 1.7 (The Community Process) of the NVCAP describes the extensive community engagement process that contributed to development of the NVCAP. Information related public engagement throughout the entire plan process can be found at the project website: www.cityofpaloalto.org/nvcap. Item 11: Staff Report Pg. 77 Packet Pg. 452 of 692 Item 11 Attachment E: Summary of Goals and Objectives Consistency Objectives Economic Feasibility: A determination of the economic and fiscal feasibility of the plan with specific analysis of marketplace factors and incentives and disincentives, as well as a cost -benefit analysis of public infrastructure investments and projected economic benefits to the City and community. Environmental: A plan that is protective of public health and a process that complies with the requirements of the California Environmental Quality Act. Consistency An economic feasibility study was prepared in November 2020 which assessed three land use alternatives (Alternatives 1-3). In March 2021, a supplemental economic feasibility study was prepared to assess the shortfall or funding gap for one of lower -density alternatives (Alternative 2) and the economic feasibility of increasing the inclusionary requirement above 15% for Alternative 3. A Supplemental Environmental Impact Report was prepared for the NVCAP. Impacts to historical resources and air quality were found significant and unavoidable. The statement of overriding considerations was prepared containing a list of the benefits that the project will bring to the City consistent with General Plan and NVCAP policies, and included in the Resolution. In addition, the following sections of the NVCAP supports environmental and sustainable design of the neighborhood: • Section 2.5 (Ecology and Sustainability) • Section 3.3 (Green Infrastructure) • Chapter 5 (Parks and Open Space) • Section 6.5 (Sustainable Design) Item 11: Staff Report Pg. 78 Packet Pg. 453 of 692 Item 11 Attachment F: May 2023 Comments PTC and ARB and Staff Response PTC and ARB Comments on the Public Draft NVCAP ID Comment Response PTC Comments from May 31, 2023 PTC 1 Categorize office uses as neighborhood Included in the NVCAP Section 2.3 serving PTC 2 Encourage a mix of residential unit sizes Staff recommended modifications to include information encouraging a mix of residential unit sizes (Section 2.2, Page 34. See Attachment G for more details) PTC 3 Active uses: should be required, be clearer Included in the NVCAP Section 2.3 including the revised figure 32 PTC 4 Describe height transitions between high NVCAP Section 6.1 includes building height density residential/mixed use and low and massing; NVCAP Zoning Ordinance has density residential reference to Objective Standards related to daylight plane PTC 5 Clarify mobility plan for vehicles and Included in the expanded Chapter 4 pedestrians (Accessibility and Mobility) PTC 6 Economic analysis to show shortfall No additional economic analysis was done due to budget constraints PTC 7 Describe consistency with Housing Element Staff report describes consistency between NVCAP and Housing Element ARB Comments from June 1, 2023 ARB 1 Place table captions above the table Table captions were moved above the table throughout the document. ARB 2 Encourage or require more green roofs No incentive programs were considered but (maybe incentivize with additional FAR) green roofs are encouraged in the plan area per Section 6.6.5. ARB 3 Only include essential information in the After reorganization of the document, plan and refer to other documents when appropriate references were added. necessary. Example: trees. ARB 4 2.1: Make exhibit more realistic Language added that no new or recent development constructed during preparation of NVCAP reflected in any exhibits. ARB 5 Ground floor height is 15' too tall? Ground floor height changed to 14' to be consistent with Contextual Design Criteria and Objective Design Standards ARB 6 Sustainable design (subcommittee of the No substantial recommendations were ARB): 6.5.4 through 6.5.7. provided to be implemented; new ordinance is underway for bird safe design. Item 11: Staff Report Pg. 79 Packet Pg. 454 of 692 Item 11 Attachment F: May 2023 Comments PTC and ARB and Staff Response ID Comment Response ARB 7 4.6.2 :Provide examples of permeable Updated the Figure 69 in Chapter 4. pavement. ARB 8 2.5: Show more green roofs, solar panels. Conceptual figures for the plan added more Tell more of a story that includes green roof green roofs and solar panels but no and solar panels, connection with the open additional changes were made to the draft spaces and creek. zoning ordinance as the NVCAP ordinance Vertical green spaces follows existing Title 18 requirements on green roofs and open space requirements. ARB 9 Figure 42: Provide more setback from Noted but no changes were made to building near creek (see document for graphics. where). ARB 10 Figure 46 & 78: This seems inconsistent with Figure 82 adjusted the preferred plan and other illustrative exhibits because the creek improvement would occupy portions of these building envelopes. Shrink the building envelops to be consistent with the diagram for the creek. ARB 11 3.3: Consider separating out topics The comment addressed by reorganization of the document. ARB 12 3.3: These are already in the code, should The comment addressed by reorganization refer to the code or master plan of the document. ARB 13 Figure 77: Replace this exhibit with one from Replaced. the Municipal Code 18.24. ARB 14 2.4, figure 36: The legend mentions priority, Removed legend items for priority secondary and tertiary streets. Is this secondary and tertiary and replaced with supposed to be "primary," etc.? Describe bike facility information. more what these mean. ARB 15 6.4.1: Entries must be raised above No changes made; ADA compliance sidewalk grade. Is there any consideration required per building code. for ADA compliance when we require this? Is this already in the zoning code. ARB 16 Can we encourage exploration and reuse of Noted. No changes made. existing structures? For example for the audi building and ash office? ARB 17 consider adding a FAR bonus as well to No incentive program added; the draft make projects more viable NVCAP ordinance has its own housing incentive program but only for affordable housing with extra height allowed. The Item 11: Staff Report Pg. 80 Packet Pg. 455 of 692 Item 11 Attachment F: May 2023 Comments PTC and ARB and Staff Response ID ARB 18 ARB 19 ARB 20 ARB 21 ARB 22 ARB 23 Comment ground floor uses packet page 85, office edges are going to want to go near retail so having office edge near residential edge may not make so much sense. consider having a focused retail corridor. The retail seems broken up and unconcentrated now making it less likely to be viable. bird safe building design —UV coated glass is not a preferred option Better way to refer to "egg -crate" design on page 159 need clarifications on ground floor entries (page 110), 4 active doorways every 200 linear feet Paseo between buildings —possibility to connect greenbelt to the rest of the neighborhood through paseos—would like to see birdseye view of that NVCAP already increased density and height for the plan area. No changes are needed. Limited office allowed. Office edge removed (See the updated Figure 32 in Chapter 2) Figure 32 on Ground Floor Edges in Chapter is updated to show required retail edges along El Camino Real and encouraged active edge along Park Boulevard No changes made. The Citywide dark sky and bird safe ordinance will supersede once adopted. No changes made. The requirement is specific to woonerf. Revised the language to specify the requirement is applicable "between park and ash" on Portage Avenue. Figure was updated to remove paseos. Item 11: Staff Report Pg. 81 Packet Pg. 456 of 692 Item 11 Attachment G: Final Draft NVCAP NVCAP June 2024 Clean Version https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/north-ventura- cap/finaldraft nvcap clean 2024 06 final web.pdf *Please note that the printed copy of the June 2024 Clean Version is not included as part of the packet because it was provided to the City Councilmembers on June 3, 2024 to provide sufficient time for review ahead of the staff report. Item 11: Staff Report Pg. 82 Packet Pg. 457 of 692 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 11 Attachment G: Final Draft NVCAP Page Chapter/Section Type Staff Recommended Change Reason for Change Ack. Chapter 1 Text Add: "City Council" in the first paragraph Corrections Add: Former staff information into the Core Team Add: A new Senior Transportation Planner to the Core Team vii Chapter 1, Figures Text Change the title to Figure 10: "Conceptual Correction Tentative Map for the 340 Portage Avenue Development" 6 Chapter 1, Text Text modification: "This planning e#GFt was Correction/refinement Section 1.1 initiatcd by Palo Alto Initiated by the City Council to implement" 10 Chapter 1, Text Text modification: "... the Cloudera Galactic Correction Section 1.2 Headquarters at 395 Page Mill Road and the newly constructed building at 3045 Park Boulevard." 15 Chapter 1, Text Text modification: "The former cannery site was Correction — capitalization Spotlight: Palo initially developed in April 1918, by Thomas Foon Alto Cannery Chew, the owner of Bayside Canning Company or affectionately known in the press at the time as "tThe aAsparagus kKing". 34 Chapter 2, Text The NVCAP land use framework is principally Addressing PTC comment received from a Study Section 2.2 focused on supporting a variety of housing Session on May 31, 2023. (PTC Comment #2 in options, a diverse range of unit sizes and Attachment F) bedroom configurations, and price points to support Palo Alto residents at different stages of life. 36 Chapter 2, Section Text Text modifications to the Maximum Height Reflecting feedback from ARB/PTC and staff on 2.2 columns and removal of the additional notes height limits. Corrections reflecting the changes regarding 100% affordable housing to the HIP program for the NVCAP (now references to 18.14) 47 Chapter 2, Text For Park Boulevard, Bike Facility is corrected to Correction of the bike facility type for Park Section 2.4, Table 5 "°mod -Separated Bike Lanes" Boulevard 48 Chapter 2, Text Text modification: "Vehicles Circulation and Correction Section 2.4 Parking" Page 2 of 7 Item 11: Staff Report Pg. 83 Packet Pg. 458 of 692 Item 11 Attachment G: Final Draft NVCAP Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Page Chapter/Section Type Staff Recommended Change Reason for Change 74 Chapter 4, Figure Corrections on the Figures 56 and 57: For both Showing the correct directions of bicycle travel Section 4.3 Gateway Intersections 2 and 3, the arrows illustrating the direction of bicycle travel should be flipped. 75 Chapter 4, Figure For Gateway Intersection 4: Lambert Avenue and Making the Gateway Intersection concept Section 4.3 Ash Street, Figure 58 should be modified as consistent with the Boulware Park and Birch follows: Street Property Renovation Project. - Ash Street south of Lambert (near the existing Boulware Park) is removed and become green space for the park - Add sidewalk along southside of Lambert Avenue (abutting Boulward Park) - Remove the sidewalk crossing and along the Matadero Creek along existing Ash Street 75 Chapter 4, Figure For Gateway Intersection 5, Park Boulevard and Making the bike facility consistent with Chapter 2 Section 4.3 Portage Avenue, Figure 59 should be modified as of the NVCAP. Internal discussion identified the follows: bike box would not be appropriate for this - Show separated bike lanes, not buffered. particular location. - Remove bike box 76 Chapter 4, Text For Gateway Intersection 5 (Park Boulevard and Internal discussion identified that the bike box Section 4.3 Portage Avenue): remove the following text: "A would not be appropriate for this particular bike box on the northbound leg of Park Boulevard for bicyclists to location. will provide a space turn left onto the;. cri. "North Ventura" gateway signage should be installed at the entrance to the woonerf." 80 Chapter 4, Text Add the following text: "4-4.5 Feet" to Table 7 Internal discussion identified that the bike Section 4.4 (Park Landscape/Furniture Zone row facilities need to be corrected to buffered bike Boulevard) lanes, and would need a little more than 2' buffer shown in the section. Accommodating additional distance that may be needed for the separated bike lane. Page 3 of 7 Item 11: Staff Report Pg. 84 Packet Pg. 459 of 692 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 11 Attachment G: Final Draft NVCAP Page Chapter/Section Type Staff Recommended Change Reason for Change 80 Chapter 4, Figure Modify Figure 60 to show separated bike lane Making the bike facility consistent with Chapter 2 Section 4.4 (Park with bollards or plants of the NVCAP Boulevard) 82 Chapter 4, Text Text modification for Frontage/Setback row for Reflection changes to the zoning ordinance per Section 4.4 (Olive Olive Ave Street Design between Park Boulevard ARB comments (no more than 10 feet for any Avenue) and Ash Street: "Southern Edge: X5-10 Feet street yard setback) from Property Line" Text modification for Frontage/Setback row for Olive Ave Street Design between Ash Street and El Camino Real: "Northern €dge: 12.T10 Feet from Property rLine Seu thcr 10 Peet from Property Line" Edrge: 82 Chapter 4, Figure Modify Figures 61 and 62 to show setback Reflection changes to the zoning ordinance per Section 4.4 (Olive distance from 12.5' to 10' ARB comments (no more than 10 feet for any Avenue) street yard setback) 82 Chapter 4, Figure Flip the Figure 63 to have the shared path on the The direction of travel for bicycles and the Section 4.4 (Ash eastern edge proposed changes to the street sections requires Street) a change in the location of the shared path 89 Chapter 4, Figure Modify Figure 66 to: Minimizing interruption to the private street and Section 4.4 (Pepper - Change the distance of tree bed to 4.5' making the sidewalk (clear walkway) at its Avenue) for both side of the street minimum at 5 feet (ADA requirement). The - Change the distance for clear walkway to distance for tree beds have been changed to 4.5 5 feet (from a total of 9' — 4.5' + 3.5') for feet to accommodate the change. both side of the street 88 Chapter 4, Text Modify Table 11 to: Section 4.4 (Pepper - Change the frontage/setback to 10' Avenue) - Change the pedestrian clear zone to 5' - Change the landscape/furniture zone to 4.5 feet for both northern/southern edge 94 Chapter 4, Text Modify Landscape/Furniture Zone row of Table Correcting the landscape/furniture zone distance 13 to 9.5 feet from 7.5 feet to ensure the total street width is 27.5 feet Page 4 of 7 Item 11: Staff Report Pg. 85 1 Packet Pg. 460 of 692 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 11 Attachment G: Final Draft NVCAP Page Chapter/Section Type Staff Recommended Change Reason for Change Section 4.4 (Lambert Avenue) 94 Chapter 4, Figure Modify Figure 70 to show the clear walkway Correcting distances to ensure the total street Section 4.4 distance to 8 feet (from 10 feet) and the tree bed width is 27.5 feet (Lambert Avenue) distance to 9.5 feet (from 7.5 feet) 95 Chapter 4, Figure Modify Figure 71 to replace tree bed with tree Making El Camino Real consistent with other Section 4.4 (El grate without grass, similar to South El Camino sections Camino Real) Real Design Guidelines, Page 24 95 Chapter 4, Text Text modification for Frontage/Setback row: Making consistent with the current El Camino Section 4.4 (El Real street yard setback and making it consistent Camino Real) with the proposed NVCAP zoning ordinance Maximum 10 Feet information 0 - 10 feet to create an 8 - 12 -foot effective sidewalk width 96 Chapter 4, Text Text modification for Frontage/Setback row: Making it consistent with the proposed NVCAP Section 4.4 (Page zoning ordinance information Mill Road) Minimum 5 Feet Maximum 10 Feet 0 - 10 feet to create an 8 - 12 -foot effective sidewalk width 96 Chapter 4, Figure Flip Figure 72 to have the building on the right The street section illustration is showing the Section 4.4 (Page side flipped image of the actual conditions (building Mill Road) on the right side) 102 Chapter 4, Section Text Add the following text to 4.6.3: While discouraging surface parking within the 4.6 "No more than 10 percent of new surface plan area, providing some flexibility parking shall be allowed within the plan area. Where new buildings are not proposed, existing surface parking spaces can remain to support remaining commercial offices." 117 Chapter 6, Figure The 55 feet height area on the Portage Avenue The height area with 55' height limit is a NV-PF Section 6.1 side of the block between Ash Street, Lambert zone. It is reflecting the maximum height limit for Avenue, and Park Boulevard to be removed 100% affordable housing projects in NV-PF zone. Page 5 of 7 Item 11: Staff Report Pg. 86 Packet Pg. 461 of 692 Item 11 Attachment G: Final Draft NVCAP Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Page Chapter/Section Type Staff Recommended Change Reason for Change 117 Chapter 6, Figure Reflect the height increase: Modified to accommodate the ARB feedback Section 6.1 - 35' between Olive Ave and Portage Ave (which had higher height for NV -R3 and NV - to 45' MXM) but reduced to the staff recommended - 45' to 55' changes to minimize impact to the abutting low - 55' to 65' density residential areas. - Remove 55' block abutting near the green park area 72 Chapter 4, Text Add the following text to the past paragraph on Modification to address a comment from Section 4.3 page 72: Caltrans on the Draft SEIR (Comment B.2) "The NVCAP prioritizes well -designed gateway intersections, but acknowledges specific design details will be subject to future City -led efforts, ensuring flexibility and integration with evolving needs. Broader and more comprehensive analyses and engineering of gateway intersections is required to finalize design recommendations. This includes, but may not be limited to, an Intersection Safety and Operational Assessment Process (ISOAP) to identify the optimal design strategies for intersection types, geometry, and traffic control at gateway intersections." 43, Figure 36, Figure Figure Modified figure to show one creek crossing Modifications to address a comment from Santa 51, 42, and Figure 75 Clara Valley Water District on the Draft SEIR and (Comment D.19) 107 108 Chapter 5, Text Add the following text to Guidelines 5.1.7: Modification to address a comment from Santa Section 5.1 "5.1.7 Native Plantings Clara Valley Water District on the Draft SEIR Where possible, pollinator friendly native plants (Comment D.22) should be incorporated. Refer to Valley Water's Guidelines & Standards for Land Use Near Streams Chapter 4 (Design Guides for Guidelines Page 6 of 7 Item 11: Staff Report Pg. 87 Packet Pg. 462 of 692 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 11 Attachment G: Final Draft NVCAP Page Chapter/Section Type Staff Recommended Change Reason for Change and Standards) for the placement of native plants along the creek." 112 Chapter 5 Text Modify the Standard 5.2.7 language: Modification to address a comment from Santa Section 5.2 "5.2.7 Floodwalls or Retaining Walls Clara Valley Water District on the Draft SEIR Concrete floodwalls or retaining walls shall be (Comment D.24) designed to allow for vegetation to the extent feasible." 42-43 Chapter 2, Figure Figure updated to reflect the correct %z mile Removed other buffers for clarity and corrected Section 2.4 buffer on the map the %z mile buffer Page 7 of 7 Item 11: Staff Report Pg. 88 Packet Pg. 463 of 692 Item 11 Attachment G: Final Draft NVCAP North Ventura Coordinated Area Plan Draft Plan: March 2024 June 2024 Clean Version CITY OF PALO ALTO Item 11: Staff Report Pg. 89 1 Packet Pg. 464 of 692 Item 11 Attachment G: Final Draft NVCAP Acknowledgments City staff along Working Group members and consultants started working on the North Ventura Coordinated Area Plan (NVCAP) in 2018. Thanks to all the Working Group members, City Council, boards and commission members, and members of the public who contributed their expertise, guidance, ideas, and feedback towards this Plan. Staff looks forward to working together on the implementation of this Plan. NVCAP WORKING GROUP MEMBERS Angela Dellaporta (Co Chair) Gail Price (Co Chair) Kirsten Flynn Terry Holzemer Heather Rosen Lund Smith Yunan Song Tim Steele Siyi Zhang Alexander Lew Keith Reckdahl Doria Summa Waldemar Kaczmarski Lakiba Pittman CORE TEAM Jonathan Lait Director of Planning and Development Services Kelly Cha Senior Planner, Project Manager, Planning and Development Services Coleman Frick Principal Planner, Planning and Development Services Claire Raybould Principal Planner, Planning and Development Services North Ventura Chitra Moitra Planner, Planning and Development Services Sylvia Star -Lack Shrupath Pate Transportation Planning Manager, Office of Transportation Transportation Planner, Office of Transportation Coordinated Area Plan Charlie Coles Senior Transportation Planner, Office of Transportation Jessica Setiawan Senior Business Analyst, Planning and Development Services Rachael Tanner Assitant Director, Planning and Development Services (former) Clare Campbell Long -Range Planning Manager, Planning and Development Services (former) Elena Lee Project Manager, Planning and Development Services (former) Sheldon S. Ah Sing Project Manager, Planning and Development Services (former) SPECIAL THANKS TO SPECIAL THANKS TO The City's North Ventura Coordinated Area Plan was made possible with funding provided by Valley Transportation Authority (VTA)'s Priority Development Area (PDA) Planning Grant and private funds from Sobrato Organization. CONSULTANT AND CONTRIBUTORS Perkins & Will, Primary Consultant Arup, Mobility Strategic Economics, Economic Study BKF, Infrastructure Plan to Place, Engagement WRA, Environmental Consultants, Matadero Creek Study Page & Turnbull, Historic Preservation Consultants David J Powers and Associates, Environmental Consultants and Planners .y. CITY OF PALO ALTO Item 11: Staff Report Pg. 90 Packet Pg. 465 of 692 Item 11 Attachment G: Final Draft NVCAP Contents EXECUTIVE SUMMARY CHAPTER 1: INTRODUCTION 1.1 The Context 1.2 The Plan Area 1.3 The Project Goals 1.4 The Project Objectives 1.5 Citywide Planning 1.6 Regional and Statewide Planning 1.7 The Community Process CHAPTER 5: PARKS 5.1 Public Park 5.2 Matadero Creek 4 CHAPTER 2: THE VISION 2.1 Preferred Plan 2.2 Land Use 2.3 Ground Floor Edges 2.4 Mobility 2.5 Ecology and Sustainability 2.6 Urban Form 28 CHAPTER 3: PUBLIC REALM 3.1 Sidewalk Zone 3.2 Traffic Lanes and Intersections 3.3 Green Infrastructure 3.4 Paving 3.5 Exterior Lighting 3.6 Wayfinding 3.7 Public Art 56 CHAPTER 4: STREETS 4.1 Pedestrian Realm 4.2 Bike Network 4.3 Gateway Intersections 4.4 Street Sections 4.5 Transit Access 4.6 Vehicle Circulation and Parking 4.7 Transportation Demand Management 104 CHAPTER 6: BUILDINGS 114 CHAPTER 7: IMPLEMENTATION 126 APPENDIX 6.1 Building Heights and Massing 7.1 Development Standards Al Existing Conditions Memo 6.2 Retail and Active Frontages 7.2 Review Process A2 Traffic Modelling 6.3 Portage Avenue Frontages 7.3 Implementation Actions 6.4 Residential Frontages 7.4 Funding and Financing Strategy 6.5 Sustainable Design 68 V North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 91 Packet Pg. 466 of 692 VI Item 11 Attachment G: Final Draft NVCAP Figures EXECUTIVE SUMMARY Figure 1 Photograph of architect Mike Lyzwa hold- ing a model of a proposed building at the intersection of Page Mill Road and Park Boulevard, circa 1984, xii. Credit: Palo Alto Historical Association. Figure 2 Photograph of the Cannery monitor roof supergraphic on the former Fry's site, 3. Credit: Perkins&Will CHAPTER 1: INTRODUCTION Figure 3 Bird's eye photograph of the NVCAP Figure 13 A portion of the southwest facade of the Plan Area circa 1957 4. Credit: Palo Alto former office building. Credit: Page & Historical Association. Turnbull, 15. Figure 4 Priority Development Areas (FDA) in the Figure 14 Thomas Foon Chew with two foremen at Bay Area, 7. his canning plant in Alviso. Credit: Our Town of Palo Alto, 15. Figure 5 Matadero Creek Existing Conditions, 8. Credit: Perkins&Will Figure 15 Sutter Packing Plant, 1940. Credit: Palo Alto Historical Association, 15. Figure 6 Former Cannery Building Existing Conditions, 8. Credit: Perkins&Will Figure 16 An illustrative example of low-cost buffered bike lanes and intersection improvements, Figure 7 Existing Conditions of the NVCAP 17 Credit: Perkins&Will Plan Area, 9. Figure 17 Building 0 in Son Francisco, CA, an Figure 8 Existing Zoning Districts of the NVCAP, 11. example of mixed -income multi -family apartments next to a public park, 17. Credit: Figure 9 Photographs of recent development, Perkins&Will 12. Credit: Premier Properties, Level 10 Construction. Figure 18 A breakout discussion during the NVCAP working group meeting, 19. Credit: City of Figure 10 Conceptual Tentative Map for the 340 Palo Alto Portage Avenue Development Figure 19 Documenting feedback during a working group design charrette 19 Credit CHAPTER 2: THE VISION Figure 23 The NVCAP Preferred Plan, 30. Figure 24 NVCAP Land Use Framework, 32. Figure 25 Example of High -Density Mixed Use Development in Palo Alto, 34 Credit: Steinberg Architects Figure 26 Example of Medium Density Mixed Use Development in Palo Alto, 34. Credit: BDE Architecture Figure 27 Example of Low -Density Mixed Use Development, 35 Credit: WHA Figure 42 NVCAP Ecology and Sustainability Framework, 50. Figure 43 A conceptual design for the future Public park, 52. Figure 44 An example of a restored creek in San Luis Obispo, CA, 53. Credit: Food and Wine Safari Figure 45 An example of green infrastructure integrated with street furnishings, 53. Credit: AJ Landskap Figure 46 NVCAP Urban Form Framework, 54. Figure 28 Example of High -Density Residential Development in Palo Alto, 35 Credit: Redfin Figure 47 Internal streets have height allowances that are conducive with missing middle Figure 29 Example of Medium Density Residential housing like town homes, 56. Development in Palo Alto, 35. Credit: Credit: Perkins&Will Compass Figure 30 Example of Low -Density Resident CHAPTER 3: PUBLIC REALM Development, 35 Credit: Google Figure 48 The Sidewalk Zone, 58. Figure 31 The Cloudera Galactic HO is located at 395 Figure 49 Bioretention, 61. Credit: City of Palo Alto Page Mill Road, 36. Credit: Perkins&Will Figure 32 NVCAP Ground Floor Edges Framework, 38. Figure 50 Dark sky compliant exterior light fixtures helps mitigate light pollution and the health of both humans and wildlife, 62. Figure 33 Building lobbies and other accessory Credit: Edgar Zacarias via Foursquare. spaces to residential uses are considered active uses, 40. Credit: Perkins&Will Figure 51 Dark sky compliant exterior light fixtures helps mitigate light pollution and the Figure 34 Neighborhood -serving retail along major health of both humans and wildlife, 63. boulevards like El Camino Real, 41. Credit: Credit: Edgar Zacarias via Foursquare. Bruce Damonte Figure 52 Neighborhood map and directional Figure 35 Residential stoops should be set back and signage are effective wayfinding tools for elevated to provide privacy for residents, visitors to the NVCAP, 64. 41. Credit: Perkins&Will Figure 53 An example of a recent public art installa- Figure 36 NVCAP Mobility Framework, 42. tion, 65. Credit: Passages by Susan Zocco- Ia. Figure 37 NVCAP Pedestrian Network, 44. Figure 11 1941 aerial photograph of the Sutter Perkins&Will Packing Company. Credit: Fairchild Figure 38 View of the Bell Street Woonerf in Seattle, Aerial Surveys, Flight C-7065, Frame 92, Collection of UC Santa Barbara. Edited by Figure 20 A worksession during the NVCAP working Washington, 45. Credit: Puget Sound Page & Turnbull, 14. group meeting, 24. Credit: City of Palo Alto Business Journal Figure 12 Gabled addition attached to the Figure 21 A sketching session and report back during Figure 39 Bike Facility Degree of Separation, 46. southernmost monitor roof of 340 Portage the NVCAP working group meeting, 26. Avenue. View northeast. Credit: Page & Credit: City of Palo Alto Figure 40 NVCAP Bike Network Framework, 47. Turnbull, 14. Figure 22 A presentation during a community Figure 41 NVCAP Vehicle and Parking Framework, 49. workshop, 27. Credit: Perkins&Will vii North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 92 p Packet Pg. 467 of 692 viii Item 11 Attachment G: Final Draft NVCAP Figures CHAPTER 4: STREETS Figure 54 Map of Conceptual Gateway Intersection Figure 65 Typical Acacia Avenue Section, 87 Design Improvements, 72. Figure 55 El Camino Real and Page Mill Road Con- ceptual Intersection Design, 73. Figure 56 El Camino Real and Olive Avenue Concep- tual Intersection Design,74. Figure 57 El Camino Real, Hansen Way, Portage Ave- nue Conceptual Intersection Design, 75. Figure 58 Lambert Avenue and Ash Street Conceptu- al Intersection Design, 76. Figure 59 Park Boulevard and Portage Avenue Con- ceptual Intersection Design, 77. Figure 60 Typical Park Boulevard Section, 81. Figure 61 Typical Olive Avenue section between Park Boulevard and Ash Street, 83. Figure 62 Typical Olive Avenue section between Ash Street and El Camino Real, 83. Figure 63 Typical Ash Street section between Page Mill Road and Olive Avenue, 85. Figure 64 Typical Ash Street section between Acacia Avenue and Lambert Avenue, 85. CHAPTER 5: PARKS Figure 66 Typical Pepper Avenue Section, 89. Figure 67 Typical Portage Avenue section between Park Boulevard and Ash Street, 91. Figure 68 Typical Portage Avenue section between Ash Street and El Camino Real, 91, Figure 69 Streetscape elements like double row of trees, textured pavement, pedestrian scale lighting, and seating encourages a low -carbon, welcoming neighborhood environment, 93. Credit: SWA Figure 70 Typical Lambert Avenue Sidewalk Zone Section, 94. Figure 71 Typical El Camino Real Sidewalk Zone Section, 95. Figure 72 Typical Page Mill Road Sidewalk Zone Section, 96. Figure 73 Typical mid -block connetion section, 99. Figure 74 Typical rear setback connection section, 99. Figure 75 Location of Park Gateways and Circulation Figure 79 The Matadero Creek Channel is currently a Paths, 107. constrained concrete trapezoidal channel., 112. Credit: Perkins&Will Figure 76 An example of passive park programming, 109. Credit: Jennifer Tyner Figure 80 A naturalized creek has the opportunity to provide multi -use trails and habitat areas, Figure 77 An example of active park programming, 113. Credit: Food and Wine Safari 109. Credit: Doggett Figure 78 The location of the Matadero Creek buffer, circulation, and gateways, 111. CHAPTER 6: BUILDINGS Figure 81 An example of a daylight plane Figure 86 Ground floors treatments can emulate the requirement for mixed -use development materiality, fenestration, and roof datum of stepping down to single family residential historic structures, 120. Credit: Connect CRA neighborhoods, 116. Figure 87 Ground floor residential stoops can provide Figure 82 Allowable Height Map, 117 privacy for residents, neighborhood beautification, and stormwater Figure 83 Retail ground floor provide adequate management, 121. Credit: Perkins&Will floor to ceiling heights, transparency, and signage, 118. Credit: David Baker Architects Figure 88 Buidling roofs can be multi -purpose, including providing additional outdoor Figure 84 Ground floors can create notches of space for residents, 124. Credit: Kirstin outdoor rooms to allow for lively spillover Bucher of retail, 119 Credit: Bruce Damonte Figure 89 Visible elements of sustainability can Figure 85 Active ground floors provide openness, include design features such as celebrating transparency and a connection to the secure bike parking, 125. Credit: Nelson! street, 119 Credit: David Baker Architects Nygaard CHAPTER 7: IMPLEMENTATION Figure 90 NVCAP Zoning Map, as of March 2024, 129. ix North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 93 p Packet Pg. 468 of 692 Item 11 Attachment G: Final Draft NVCAP Tables CHAPTER 1: INTRODUCTION Table 1 Historical Population and Growth in Palo Alto, 1980 - 2040, 7. Table 2 Existing Zoning Designations, 10. CHAPTER 2: THE VISION Table 3 Existing and Future Development Potential by Land Use, 32. Table 4 Proposed NVCAP Development Standards, 36. Table 5 Bicycle Facility Classifications, 47. CHAPTER 3: PUBLIC REALM Table 6 Allowed Features by Sidewalk Zone, 58. CHAPTER 4: STREETS Table 7 Park Boulevard Street Design, 80. Table 8 Olive Avenue Street Design, 82. Table 9 Ash Street Street Design, 84. Table 10 Acacia Avenue Street Design, 86. Table 11 Pepper Avenue Street Design, 88. Table 12 Portage Avenue Street Design, 90. Table 13 Lambert Avenue Sidewalk Zone Design, 94. Table 14 El Camino Real Sidewalk Zone Design, 95. Table 15 Page Mill Road Sidewalk Zone Design, 96. Table 16 Mid -Block Paseo Design, 98. Table 17 Rear Setback Pathway Design, 98. Table 18 TDM Strategy Menu, 104. CHAPTER 7: IMPLEMENTATION Table 19 Implementation Actions in the NVCAP, 130 Table 19 Implementation Actions in the NVCAP (Continued), 132. Table 20 Funding Source Categories and Examples, 135. Table 21 Examples of Potential Regional or County Grant Funding Sources for NVCAP Improvements, 136. Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements, 138. Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements (Continued), 140. Table 23 Examples of Potential Federal Grant Funding Sources for NVCAP Improvements, 140. Table 24 Summary of Major District -Based Value Capture Tools, 142. Table 25 Infrastructure Improvements and Applicable Funding Sources in the NVCAP, 144. xi North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 94 xii p Packet Pg. 469 of 692 Item 11 Attachment G: Final Draft NVCAP Figure 1 Photograph of architect Mike Lyzwa holding a model of a proposed building at the intersection of Page Mill Road and Park Boulevard, circa 1984. Executive Summary The North Ventura Coordinated Area Plan (NVCAP) represents a rare opportunity within the City of Palo Alto to plan proactively for a transit -oriented, mixed -use, mixed -income, and walkable neighborhood. The NVCAP sets forth a vision that: Honors the storied history and unique character of the North Ventura neighborhood; Understands the needs of current residents and puts forward near -term solutions to current challenges; Establishes a long-term framework for desired growth so that more people can call North Ventura home; and Invests in community infrastructure to support an equitable, resilient, and sustainable Palo Alto. NVCAP is aligned with the goals and policies embedded in the adopted City of Palo Alto 2030 Comprehensive Plan, addressing the eight major themes: Building Community and Neighborhoods; Maintaining and Enhancing Community Character; Reducing Reliance on the Automobile; Meeting Housing Supply Challenges; Protecting and Sustaining the Natural Environment; Keeping Palo Alto Prepared for Future Natural and Human -Caused Hazards; Meeting Residential and Commercial Needs; and Providing Responsive Governance and Regional Leadership. Finally, this is a vision shaped by the Palo Alto community. This Plan would not be possible without the guidance of stakeholders, decision -makers, residents, and other community members, who graciously volunteered their time as members of the Working Group to thoughtfully consider the challenges and opportunities of the Plan. xiii North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 95 P Packet Pg. 470 of 692 Item 11 Attachment G: Final Draft NVCAP Plan Organization The plan document is organized as follows: Introduction provides an overview of the NVCAP physical and regulatory context. The Plan is shaped by the project goals and objectives, adopted and in -progress City plans and policies, recently enacted regional and state laws, and the comprehensive community planning process. The Vision provides an overview of the vision for the future of NVCAP built and natural environment. This includes urban design frameworks that calibrate the optimal mix of uses; support a multi -modal mobility framework within the neighborhood and how it connects to the rest of the city and the region; foster a regenerative and ecological framework to support the health of humans and wildlife while supporting the implementation of City's Climate Action Plan; and the neighborhood's context - specific urban form. Design Standards and Guidelines (Public Realm, Streets, Parks, Buildings) include requirements that govern the construction and modification of horizontal and vertical development, standards are quantifiable, whereas guidelines are qualitative requirements. Implementation outlines the necessary steps to fulfill the vision of the Plan, including funding and financing strategies, infrastructure improvements, and capital investments. Appendix contains information for reference used to generate the NVCAP including existing site conditions, market studies, and infrastructure analysis. Figure 2 Photograph of the Cannery monitor roof supergraphic on the former Fry's site, 2022 Credit, Perkins&Will North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 96 Packet Pg. 471 of 692 Item 11 Attachment G: Final Draft NVCAP Introduction 1.1 Context 1.2 Plan Area 1.3 Project Goals 1.4 Project Objectives 1.5 Citywide Planning 1.6 Regional and Statewide Planning 1.7 Community Process Figure 3 Bird's eye photograph of the NVCAP Plan Area circa 7957. Item 11 Attachment G: Final Draft NVCAP Context The purpose of the NVCAP is to capture the City's vision for the North Ventura neighborhood into a regulatory document that will guide the future development of the 60 -acre plan area, including land use, development standards, and design guidelines. Initiated by the City Council to implement Comprehensive Plan Program L-4.10, wh ich states the following, Prepare a Coordinated Area Plan for the North Ventura area and surrounding California Avenue area. The Plan should describe a vision for the future of the North Ventura area as a walkable neighborhood with multi- family housing, ground -floor retail, a public park, creek improvements, and an interconnected street grid. It should guide the development of the California Avenue area as a well -designed mixed - use district with diverse land uses and a network of pedestrian -oriented streets. The Region The Bay Area is expected to be home to an additional 1.4 million households by 2050. It is essential that housing, transportation, and other types of land uses work together - as part of a regional growth framework - create an equitable, prosperous future for all Bay Area communities and make the best use of available resources. Priority Development Areas (PDA) are a key piece of the Bay Area's regional growth framework. Approximately 70% of the Plan Area is located within the California Avenue PDA, which was selected as a PDA based on excellent access to transit, the proximity of the existing California Avenue Business District, and the availability of underutilized parcels of land. Palo Alto Growth Projections Figure 4 Priority Development Areas (PDA) in the Bay Area Table 1 Historical Population and Growth in Palo Alto, 1980-2040 The NVCAP aligns with the Comprehensive Plan ' ' policy, however, the Plan Area focuses solely on According to the City's Housing Element Update, the North Ventura neighborhood. the total population is projected to grow to 1980 55,225 741 1% . - ... 82,835 people by 2030 and 86,510 people by On November 6, 2017, the City Council adopted 2040. 1990 55,900 675 1% Resolution 9717, authorizing the filing of an application to the Metropolitan Transportation Historically, the number of new homes built in 2000 58,598 2,698 5% Commission for a Priority Development Area the Bay Area has not kept pace with demand, .............................. .................... Grant for the North Ventura Coordinated Area resulting in longer commutes, increasing prices, 2010 64,403 5,805 10% Plan. The Council expressed local support and and exacerbating issues of displacement and p .............................I.................... ..................................- commitment of necessary matching funds and homelessness. The number of new homes in Palo 2020 68,145 3,254 6% assurance of the completion of the project. Alto increased 3.8 percent from 2010 to 2020, ...........:...................... ............................:......... which is below the growth rate for Santa Clara 2030* 82,835* 15,178* 22%* County and below the growth rate of the region's housing stock during this time period. At the same time, Palo Alto's population increased 6 2040* 86,510* 3,675* 4%* percent. Projections Sources: U.S. Census 1980,1990,2000,2010, California Department of Finance 2021 andABAG Plan Bay Area 2040 Projections 6 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 98 p Packet Pg. 473 of 692 Item 11 Attachment G: Final Draft NVCAP Plan Area The NVCAP plan area is approximately 60 acres, roughly bounded by Oregon Expressway / Page Mill Road to the north, El Camino Real to the west, Lambert Avenue to the south, and the Caltrain rail corridor to the east. Nearby neighborhoods include the Evergreen neighborhood to the west, the Midtown neighborhood to the north, and Barron Park to the south. Proximity to City Destinations The plan area is within walking and biking distance to several key destinations, including • The California Avenue Caltrain Station, which is within a half mile of the plan area. Walking access to the station is primarily along Park Boulevard, a designated Bike Boulevard. • El Camino Real, a regional commercial and retail corridor. Opportunities for pedestrians and bicyclists to cross Page Mill Road safely are limited. • California Avenue, a regional retail attraction and social destination for the peninsula. Plan Area Notable Sites Notable sites within the plan area include the Matadero Creek Channel and the buildings associated with the Cannery. • Stanford University, one of the premier higher - education institutions in the world. • Stanford Research Park and California Avenue Business District, accounting for almost 40% of the City's employment distribution. • Signature Palo Alto open spaces such as Sarah Wallis Park, Boulware Park, and J. Bowden Park. The portion of the Matadero Creek running Y, through the plan area is contained with a concrete trapezoidal channel, which was built in 1990 from Figure 5 The Matadero Creek Channel is currently a El Camino Real to the Caltrain Tracksconstrained concrete trapezoidal channel. For more information and history of the Palo Alto Cannery, go to: The Palo Alto Cannery Spotlight, Pages 14-15 8 North Ventura Coordinated Area Plan I California Avenue Caltrain Station Clou Figure 7 Existing Conditions of the NVCAP Plan Area, 2020 — Project Boundary O Bus Stops Traffic Signals -Pq Figure 6 The former Cannery building site is 12.5 Caltrain Station acres and located NVCAP. Item 11: Staff Report Pg. 99 Existing Sidewalks Major External Connections Surface Parking Parks Packet Pg. 474 of 692 III,, a Matadero Creek Channel 9 Item 11 Attachment G: Final Draft NVCAP Land Use and Zoning The North Ventura neighborhood is already made up of a mix of multi -family and single- family residential, office, service, and retail uses. Service commercial uses are concentrated along El Camino Real, Lambert Avenue, and the southern segment of Portage Avenue. Additionally, office uses are located primarily along Page Mill Road and Park Boulevard, the most notable anchors being the Cloudera Galactic Headquarters at 395 Page Mill Road and the newly constructed building at 3045 Park Boulevard. About 70% of residential units in North Ventura are single-family detached homes, most built before 1950. Single-family homes occupy about 10 percent of the Plan Area and are generally found along Pepper Avenue and Olive Avenue. The Park Plaza Apartments is the most notable multi -family residential development within the Plan Area, situated at the corner of Park Boulevard and Page Mill Road. R-1 Single-family residence district RM 30 Medium density multiple family residence district CS Service commercial district ROLM Research, office and limited manufacturing district GM General manufacturing district CN Neighborhood commercial district PC Planned community district Table 2 Existing Zoning Designations I W GM' Figure 8 Existing Zoning Districts of the NVCAP CS: Service Commercial PC Planned Community r 9 Historic Building CN: Neighborhood Commercial RM-30: Multiple -Family Residential -. — Project Boundary W GM - General Manufacturing R-7: Single Family Residential ROLM: Industrial/Manufacturing Automobile Dealership (AD) Overlay 10 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 100 1 Packet Pg. 475 of 692 11 Item 11 Attachment G: Final Draft NVCAP Recent Development The Plan Area is experiencing significant change and new investment in mixed -use development. A few new developments include: Under Construction or Completed Figure 9 Photographs of recent development 441 Page Mill Road: a three-story mixed use building with one level of underground parking. The project includes Class -A office space, ground floor retail, and 16 apartments. 3225 El Camino Real: a mixed -use development with two distinct buildings. The first building is four stories with ground floor retail and apartments/condos on the upper floors. The second building is two stories with ground floor retail and office on the upper floor. The development includes underground and podium parking. 3045 Park Boulevard: a two-story shell commercial building with underground parking. The 340 Portage Avenue Development Agreement In October 2023, the City approved a development agreement with the Sobrato Organization, LLC for the redevelopment of the 14.65 -acre site at 200-404 Portage Avenue, 3040-3250 Park Boulevard, 3201-3225 Ash Street and 278 Lambert Avenue (Ordinance #5595). The project site, comprised of five reconfigured parcels, is located centrally within the boundary of the NVCAP. The development agreement includes: • Partial demolition of a commercial building (formerly Bayside Cannery) deemed eligible for the California Register of Historical Resources and retrofit of the remaining portion of the building (340-404 Portage) to retain and restore key historic features (Parcel 1) • Construction of (74) new three-story townhome condominiums replacing approximately 84,000 square feet (sf) of the historic cannery building at 200-404 Portage Avenue (Parcel 1) • Demolition of a building containing commercial recreation use at 3040 Park Boulevard (Parcel 1) • Dedication of approximately 3.25 acres of land to the City for future affordable housing (approximately 1 acre) and parkland (approximately 2.25 acres) uses (Parcel 2) • Retention of existing research and development (R&D) uses in the remaining portion of the former cannery building (Parcel 3) • Construction of a two -level parking garage (Parcel 3) • Retention of office use in the existing building at 3201-3225 Ash Street (Parcel 4) • Conversion of automotive use at 3250 Park Boulevard to R&D use (Parcel 5) • Contribution of $5 million for future park improvements and contributions to the City's affordable housing fund. • Development of a Transportation Demand Management (TDM) program for the R&D and office uses. When the terms of the agreement end, conformance with the NVCAP will be required of all new projects in the affected area. LAMBERT AVENUE Figure 10 Conceptual Tentative Map for the 340 Portage Avenue Development 12 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 101 13 p Packet Pg. 476 of 692 Spotlight: Palo Alto Cannery At the heart of the NVCAP is the 12.5 - acre 340 Portage Avenue property. What appears to be one large building on the parcel is composed of approximately ten buildings that were constructed at various times between 1918 and 1949. The building is surrounded by a narrow parking lot to the north and a larger parking lot to the south bounded by Matadero Creek. The rectangular former cannery building features walls that are concrete, corrugated metal or wood siding, with a variety of roof shapes. Some of the most distinctive features include the monitor roofs, capped with composition shingles and clad with corrugated metal, wood clerestory ribbon windows and wire glass skylights. Figure 11 1941 aerial photograph of the Sutter Packing Company. Source: Fairchild Aerial Surveys, Flight C-7065, Frame 92, Collection of UC Santa Barbara. Edited by Page & Turnbull. IINIpNINIININgE'IINI'IIIiNllllllll!L'IIOIIpgPWi�IIV i --,IINIY4^�.. .. defile UIlI Figure 12 Gabled addition attached to the southernmost monitor roof of 340 Portage Avenue. View northeast. Source: Page & Turnbull The southeast corner of the parcel contains a one-story wood frame building. The building, located on Ash Street next the former cannery building, is used as an office. The building appears to have been initially built as a dormitory for the cannery employees sometime between 1918 and 1925 and was moved to its current location in 1940. The building features a front -gabled roof, wraparound porch with a shed roof, and wood lap siding. The former cannery site was initially developed in April 1918, by Thomas Foon Chew, the owner of Bayside Canning Company or affectionately known in the press at the time as "The Asparagus King". This was intended to be Mr. Chew's second cannery; the first cannery was built nearby in Alviso, California. The Palo Alto cannery was strategically located alongside a railroad spur of the Southern Pacific Railroad's Los Gatos branch, which facilitated shipments, and Matadero Creek for a ready water supply. The cannery was expanded over the next several decades. The site operated as the Bay Side Cannery and then as the Sutter Packing Company in 1929. The cannery continued to grow through World War II and was closed in 1949. Although the building has undergone some exterior alterations throughout the expansion, aerial photos show that from 1965, the building continues to have the same shape and general form as now. Following the closure of the cannery, the site has been occupied by an anchor retailer Maximart and other retail and office uses. The next significant and largest tenant, Fry's Electronics, continued to occupy the site until the end of 2019. � - Figure 13 A portion of the southwest facade of the former office building. Source: Page & Turnbull Figure 14 Thomas Foon Chew with two foremen at his canning plant in Alviso. Source: Our Town of Palo Alto. Figure 15 Sutter Packing Plant, 1940. Source: Palo Alto Historical Association Project Goals On March 5th, 2018, the City Council approved the following goals to guide the NVCAP. A project goal refers to the desired outcome of a project. The following goals are high-level statements that provide an overall context for the aims and accomplishments of the project. Housing and Land Use Transit, Pedestrian, and Bicycle Connections Add to the City's supply of multi -family housing, Create and enhance well-defined connections including market rate, affordable, "missing to transit, pedestrian, and bicycle facilities, middle" and senior housing in a walkable, mixed- including connections to the Caltrain Station, use, transit -accessible neighborhood, with retail Park Boulevard, and El Camino Real. and commercial services, open space, and possibly arts and entertainment uses. Connected Street Grid Community Facilities and Infrastructure Create a connected street grid, filling in sidewalk Carefully align and integrate development of gaps and street connections to California Avenue, new community facilities and infrastructure the Caltrain Station, and El Camino Real where with private development, recognizing both the appropriate, community's needs and that such investments can increase the cost of housing. m 16 North Ventura Coordinated a Plan Item 11 �t Attachment G: Final Draft NVCAP ,..s Balance of Community Interests Urban Design, Design Guidelines, and r Neighborhood Fabric Balance community -wide objectives with the interests of neighborhood residents and minimize Develop human -scale urban design strategies, displacement of existing residents, and design guidelines that strengthen and support the neighborhood fabric. Infill development will respect the scale and character of the surrounding residential neighborhood. Sustainability and the Environment Protect and enhance the environment, while lvi r addressing the principles of sustainability. r i i r ' Figure 16 (left) An illustrative example of low-cost buffered bike lanes and intersection improvements. Figure 17 (top) Building 0 in San Francisco, CA, an example of mixed -income multi -family Itments next Item 11: Staff Report Pg. 103 Packet Pg. 478 of 692 17 4- Project Objectives On March 5th, 2018, the City Council approved the following objectives to guide the NVCAP. Project objectives describe the optimal process and set the goalposts for a successful plan. Project objectives are measurable and achievable. Employ a data -driven approach that considers community desires, market conditions and forecasts, financial feasibility, existing uses and development patterns, development capacity, traffic and travel patterns, historic/cultural and natural resources, need for community facilities (e.g., schools), and other relevant data to inform plan policies. Guide and Strategy for Staff and Decision Makers Provide a guide and strategy for staff and decision -makers to bridge the gap between the goals and policies of the Comprehensive Plan and individual development projects in order to streamline future land use and transportation decisions. Comprehensive User -Friendly Document and Implementation Create a comprehensive but user-friendly document that identifies the distribution, location and extent of land uses, planning policies, development regulations, and design guidelines to enable development and needed infrastructure investments in the project area. Item 11 GV�� Attachment G: Final Draft NVCAP lrcnt JJJ e - Meaningful Community Engagement Enable a process with meaningful opportunities for community engagement, within the defined timeline, and an outcome (the coordinated area plan document) that reflects the community's priorities. A plan that is protective of public health and a process that complies with the requirements of the California Environmental Quality Act. A determination of the economic and fiscal feasibility of the plan with specific analysis of marketplace factors and incentives and disincentives, as well as a cost -benefit analysis of public infrastructure investments and projected economic benefits to the City and community. Wu M GPt+o Citywide Planning The standards and guidelines in this document are informed and in conformance with the following foundational city plans and policies. 2030 Comprehensive Plan The City adopted the 2030 Comprehensive Plan in November 2017, which is the primary tool for guiding preservation and development in Palo Alto. The Plan reflects community values and provides a collective vision that guides preservation, growth, and change. The Plan Area is a part of the California Avenue Multi - Neighborhood Center. A multi -neighborhood center is defined as retail shopping centers or districts that serves more than one neighborhood with a diverse mix of uses, including retail, service, office, and residential. Program L-4.10.1 directs staff to prepare a coordinated area plan for the North Ventura area and surrounding California Avenue area. The plan should describe a vision for the future of the North Ventura area as a walkable neighborhood with multi -family housing, ground -floor retail, a public park, creek improvements, and an interconnected street grid. It should guide the development of the California Avenue area as a well -designed mixed -use district with diverse land uses and a network of pedestrian -oriented streets. Bicycle and Pedestrian Transportation Plan The City adopted the Bicycle and Pedestrian Transportation Plan in July 2012, which strategically guides public and private investments in non -motorized transportation facilities and related programs. The plan identifies several streets within the Plan Area as critical bicycle streets, including Portage Avenue as an enhanced bikeway as part of the Bay to Ridge Trail and Park Boulevard as a major north - south Bicycle Boulevard. Housing Element 2023-2031 The Housing Element update, one of the State -mandated components of the City's Comprehensive Plan, represents the City of Palo Alto's sixth Housing Element and plans for the years 2023 through 2031. In total, approximately 6,700 housing units are needed to accommodate the 2023-2031 growth for all income groups as part of the Regional Housing Needs Allocation (RHNA) process. The Plan Area includes 15 properties identified by the Housing Element as opportunity sites that could help the City meet its housing needs (unit yield of approximately 300). Palo Alto Municipal Code, Chapter 19.10: Coordinated Area Plans This chapter establishes the procedures for the preparation of coordinated area plans (CAP). The chapter's sections outline the purpose of a CAP, the procedures needed to be performed throughout the planning process, the contents of the plan document, and the requirements for permitting and development once the CAP has been adopted. Palo Alto Municipal Code, Chapter 18.32: Affordable Housing Incentive Program The affordable housing incentive program is intended to promote the development of 100% affordable rental housing projects located within one-half mile of a major transit stop or one - quarter mile of a high -quality transit corridor. Due to the Plan Area's proximity to transit and everyday needs, the NVCAP is a strong candidate to support the City's goal of adding more affordable housing units to support a wider range of incomes. Palo Alto Municipal Code, Chapter 18.24: Contextual Design Criteria and Objective Design Standards To comply with California's recently adopted legislation (Senate Bill (SB) 35 and SB 330) to address the housing shortage within the state, Palo Alto adopted objective design standards to review new multi -family and mixed -use residential housing projects. The development standards and design guidelines included in the coordinated area plan are intended to be complementary to the objective design standards. Parks, Trails, Natural Open Space, and Recreation Master Plan Adopted in September 2017, the Parks Master Plan presents the vision for the future of Palo Altos parks, trails, natural open space, and recreation system. The plan identifies the entire Plan Area as an urban canopy target area, emphasizing the need for new green streets and parks. Additionally, Policy 1.B.10 states the following, 'develop a creek walk along Matadero Creek that links parks and creates open space and a habitat corridor. Finally, the plan designates Portage Avenue and Park Boulevard as 'Pollinator Pathways,' which are intended to provide connectivity for natural systems through the integration of green stormwater infrastructure. The future public park and the renaturalization of the creek can serve as an integral component of the City's larger regional habitat connection concept, connecting people and wildlife from the foothills to the Baylands. Urban Forest Master Plan Adopted in February 2019, the Urban Forest Master Plan establishes long-term management goals and strategies to foster a sustainable urban forest in Palo Alto. The urban forest includes street trees, park trees, forested parklands, and trees in many private ownership settings. NVCAP is aligned with the master plan's goals and policies including: Goal 1: A well -developed contiguous, healthy, and ecologically resilient citywide urban forest; and Goal 2: Re -generated native woodland and riparian landscapes as the key ecological basis of the urban forest with a focus on native species and habitat. Item 11 Attachment G: Final Draft NVCAP Green Stormwater Infrastructure Plan Completed in 2019, the Green Stormwater Infrastructure (GSI) Plan provides a guidance framework to integrate GSI measures into the City's urban landscape to properly manage and treat stormwater at its source, decreasing water quality impacts to local creeks, the Baylands, and the San Francisco Bay. Integration of GSI measures is critical for the Plan Area to address the current lack of open spaces, and high amount of imperviousness. Chapter 4 of the GSI specifies in the Developed Project Location Prioritization Criteria, that projects located within one of the key development areas should receive a higher priority than projects located outside one of these areas. Public Art Master Plan Completed in November 2016, the mission of the plan is to ensure that new public art reflects Palo Alto's people, diverse neighborhoods, the innovative and global character of its businesses and academic institutions, and the beauty of its natural environment. Several of the plan's objectives are applicable to NVCAP including: • Objective 1: Locate art in unexpected places, such as alleys to provide an element of surprise and whimsy to everyday life. • Objective 2: Integrate impactful, permanently - sited public art projects in business areas. • Objective 3: Install public art in neighborhoods for residents to enjoy on a daily basis. • Objective 4: Use art to promote environmental stewardship and sustainability. Create partnerships with Environmental Services and local regional agencies to integrate public art into environmental projects. • Objective 5: Commission artists or artist/design teams to create specific public art plans for areas of Palo Alto where development is taking place. North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 105 p Packet Pg. 480 of 692 Item 11 rnAttachment G: Final Draft NVCAP Sustainability and Climate Action Plan Adopted in June 2023, the Sustainability and Climate Action Plan (S/CAP) is a comprehensive document laying out the City's strategy to achieve ambitious carbon reduction goals, while improving natural environment, adapting to climate impacts, and increasing livability for Palo Alto residents. The S/CAP establishes the goals of reducing carbon emissions 80 percent below 1990 levels by 2030 (the "80 x 30" goal) and achieving carbon neutrality by 2030. Several of the plan's goals are applicable to NVCAP including: • Energy: Reduce GHG emissions from the direct use of natural gas in Palo Altos building sector by at least 60% below 1990 levels (116,400 MT CO2e reduction) • Mobility: Reduce total vehicle miles traveled 12% by 2030, compared to a 2019 baseline, by reducing commute vehicle miles traveled 20%, visitor vehicles miles traveled 10%, and resident vehicle miles traveled 6% • Mobility: Increase the mode share for active transportation (walking, biking) and transit from 19% to 40% of local work trips by 2030 • Natural Environment: Restore and enhance resilience and biodiversity of our natural environment throughout the City • Natural Environment: Increase tree canopy to 40% city-wide coverage by 2030 • Natural Environment: By 2030, achieve a 10% increase in land area that uses green stormwater infrastructure to treat urban water runoff, compared to a 2020 baseline Relationship Between the NVCAP and Other City Plans and Ordinances The NVCAP implements the City of Palo Alto Comprehensive Plan and provides more detailed programs and policies for the specifically defined NVCAP. These policies and programs are consistent with those found in the Comprehensive Plan but address the unique characteristics of NVCAP. To implement the NVCAP, Palo Alto made changes to Title 18, Zoning, in the Palo Alto Municipal Code (PAMC). This new code section outlines specific development standards for projects within the plan area. While many of these are detailed in the plan itself, the regulations in the NVCAP section of Title 18 take precedence. If the NVCAP doesn't specifically change or replace zoning standards, the established PAMC requirements apply. However, if there's a conflict between the development standards of NVCAP and PAMC, NVCAP standards will be followed. Regulatory Compliance The Plan was prepared in accordance with CEQA, and any state applicable law. The NVCAP guides all development within the Plan Area and will require amendments to the Zoning Ordinance to ensure consistency and to implement the development regulations and land uses established in this CAP. The CAP is adopted under the authority of the City's Zoning Ordinance, which designates Coordinated Area Plans as a tool to guide land use and development consistent with the Comprehensive Plan. Regional and Statewide Planning Approximately 70% of the Plan Area is located within the California Avenue PDA, which was selected based on excellent access to transit, the proximity of the existing California Avenue Business District, and the availability of underutilized parcels of land. Therefore, NVCAP is subject to both regional and state legislation, developed and adopted to ensure new development within PDAs are supporting compact, equitable transit -oriented communities. Transit -Oriented Communities (TOC) Policy Metropolitan Transportation Commission's (MTC's) regional Transit -Oriented Communities (TOC) policy update seeks to support the region's transit investments by creating communities around transit stations and along transit corridors that not only support transit ridership, but that are places where Bay Area residents of all abilities, and income levels, and racial and ethnic backgrounds can live, work and access services, such as education, childcare, and healthcare. The TOC policies would apply to PDAs that are served by fixed -guideway transit such as the California Avenue Station (Caltrain). PDAs that comply with these TOC policies are eligible for grant funding administered by the MTC. Jurisdictions adopting these policies would be required to implement the following: • New Residential Development: a minimum density of 50 units/net acre or higher and an allowable maximum density of 75 units/net acre or higher. • New Commercial Office Development: a minimum density of 2 Floor Area Ratio (FAR) or higher and an allowable maximum density of 4 FAR or higher. • Parking Management Requirements: no minimum parking requirement allowed. At the time of plan adoption, the City has not adopted the TOC policy. Assembly Bill 2097 (AB2097) The California State Legislature passed, and the Governor signed, Assembly Bill (AB) 2097 that eliminates minimum parking requirements for all uses/development, (except hotels) within a half - mile of public transit. This bill affects all properties within the NVCAP. The new requirements went into effect on January 1, 2023, ahead of the adoption of the NVCAP. 22 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 106 23 p Packet Pg. 481 of 692 Item 11 Attachment G: Final Draft NVCAP The Community Process The NVCAP was informed by a multi -year planning process, which prioritized a robust and authentic community process, and invited a diversity of voices from both city departmental agencies and community stakeholders to shape the future of the Plan Area. Over the course of the planning process, City staff and consultants conducted extensive community outreach, providing numerous opportunities for public engagement and meaningful input. Stakeholders, decision -makers, residents, and other community members have volunteered their time to thoughtfully consider the challenges and opportunities afforded by this project and contribute to the evolving plan ideas. As part of the planning process, three draft alternatives were developed for the NVCAP. The draft alternatives take into account feedback provided by: (1) the NVCAP Working Group, (2) feedback from community members provided at community workshops, (3) analyses and information provided by the City's consultant team to City staff and leadership. City Council deliberated and selected a preferred scenario. This community process led to the development of the draft plan including the vision and design framework included in Chapter 2. Figure 20 A worksession during the NVCAP working group meeting p. 41" I 16 Item 11: Staff Report Pg. 107 1 Packet Pg. 482 of 692 The NVCAP Working Group Consistent with PAMC 19.10.030 and to ensure significant and meaningful community engagement, the City Council appointed a 14 -member Working Group (WG). The WG was made up of 14 individuals and two alternates. The group's composition represented a diversity of interests and expertise, including homeowners and renters, people of different ages and cultural backgrounds. The WG included: • Residents (renters and property owners) living within the Plan Area boundaries or the greater North Ventura neighborhood. • Business owners and local employees working or owning a business within the Plan Area boundaries or nearby (mix of small and larger businesses). • Property owners (large and small properties). • City residents with expertise in urban design, housing development, environmental planning, transportation, or land economics. • Planning and Transportation Commission (PTC) member. • Architectural Review Board (ARB) member. • Parks and Recreation Commission member. Over the course of 17 meetings held from 2018 to 2020, the WG reviewed and provided feedback on existing conditions, planning alternatives, and other information related to the planning area. The WG created a vision statement for the Plan Area which is summarized below: 'The Working Group envisions the Plan Area to replicate a European square with open plaza, colorful public art, beautiful landscaping with green open spaces and lots of public amenities such as benches, trails, and bike paths. The building designs should fit well within the existing context, between three and six stories, interconnected with pedestrian and bicycle paths. The bustling plaza should have lots of local -serving retail uses such as cafes, small local markets, and theaters, which encourage lively foot traffic. The Plan Area also should provide diverse housing opportunities, with minimum intrusion from automobile traffic.' City Department Partnerships The planning process was informed by representatives from the City of Palo Alto to ensure the plan was aligned with foundational city plans, projects, and programs. The departments represented include Planning & Development, Transportation, Public Works, Utilities, and Community Services. The Community Workshops Two community workshops were held to share ideas, respond to study results, and weigh in or the vision and emerging policies of the plan. Ti first community workshop was held in February 2019. The community feedback helped to from the basis of the proposed draft plans. The City hosted the second community workshop on February 27, 2020. The workshop solicited input on the three draft plan alternatives and endeavored to identify community priorities or various topics. Community Surveys Staff prepared two online community surveys (April 2020 and October 2020) to solicit input from the members of the community. The surveys aimed to reach community members unable to attend the workshops. An online questionnaire on the draft alternatives was created by staff to solicit input from the community at -large in October 2020. About 30 community members responded. The majority of the participants preferred Alternative 3, supporting higher residential densities and heights, allowing small office footprints. There was general agreement on the proposed transportation improvements, and parks and open space proposals. Opinions varied over preservation of the cannery building. Some preferred removal of old cannery building for better and efficient use of the existing space, while others supported partial retention. Project Website To augment the community engagement efforts, the city hosted a robust project website that served as the primary online portal for community engagement. It included information on project updates, upcoming events, updated summaries of workshops and staff reports. Public Noticing / Mailing List Notices of all public hearings and WG meetings were published in accordance with the regulations set forth by the Palo Alto Municipal Code and City regulations. Additionally, an extensive emailing list consisting of over 430 interested community members was developed and maintained by City staff and used for disseminating information to all interested individuals. Figure 22 A presentation during a community workshop Stakeholder Group Meetings Stakeholder groups including property owners, commercial tenants, area residents, Palo Alto Unified School District and affinity groups/ advocates (affordable housing representatives, bicycle groups, environmental representatives, etc.) were identified early in the NVCAP process and their input was gathered through a series of six meetings. Staff also presented to the Palo Alto Unified School District Committee on December 2018, on February 20, 2020, and on October 15, 2020. Palo Alto Unified School District Board Members indicated an interest to site a new school to serve new families conceived in the draft alternatives. The City is supportive of working together to understand student yield from proposed typologies and suitable sites. During the development and public review of alternatives, City staff have continued discussions with stakeholders, such as property owners and affordable housing advocates to gather their feedback on evolving policy ideas and aspects of the alternatives. Decision Maker Meetings Since the initiation of the NVCAP planning work in October 2018, City staff have provided several updates to the following boards: City Council, Historic Resources Board (HRB), Parks and Recreation Commission (PRC), Planning and Transportation Commission (PTC), and the Architectural Review Board (ARB). Figure 21 A sketch session and report back during the NVCAP working gromtin 26 North Ventura Coordinated Area Plan Item 11: Staff Re ort P 108 27 p g• Packet Pg. 483 of 692 Vision The North Ventura Coordinated Area Plan sets forth a flexible, aspirational vision to guide growth and investment to support a transit oriented, mixed -use, mixed -income, and walkable neighborhood. 2.1 Plan Concept 2.2 Land Use The vision frameworks described in the following pages illustrates the desired physical form delivered incrementally over time which: 2.3 Ground Floor Edges • Honors the storied history and • Establishes a long-term 2.4 Mobility unique character of the North framework for desired growth Ventura neighborhood; so more people can call North 2.5 Ecology and Sustainability • Understands the needs of Ventura home; and 2.6 Urban Form current residents and puts • Invests in community forward near -term solutions to infrastructure to support current challenges; an equitable, resilient, and ■■ SEAMLESS CONNECTION � Item 11 • TO CALTRAIN G FRASTRUCTURE ER CELE Attachment G: Final Draft NVCAP INFRASTRUCTURE HIST The Plan Concept illustrates the _ f......, . vision of the full build -out of the I- (� �� NATURALIZED NVCAP as reflected in the plan. / �// MATADERO CREEK The actual development within the plan area will / - ` _\� � OMMUAITY vary based on each parcel's project goals and ENERGY EFFICIENT � OPEN SPACE constraints. The conceptual build -out reflected BUILDINGS ENHANCED / URBAN FOREST in Figure 23 does not incorporate development projects recently approved or constructed. �lLI 30 North Ventura Coordinated Area Plan 1 9A.EJ/ / /m ;y'...n--- / / F- F'YT //, Vr tl. I M fi/0 % �� ' y11 1 z1a 11 •AFFORDABLE TIONS � ECOLOGICAL COLOGI LCORRIDORS ENHANCED MULTI -MODAL RESPECTING EXISTING ,.AND INTERSECTIONS SINGLE FAMILY HOMES STREET -ACTIVATING ;;; . T BUILDINGS O1 I I i rte... _ . Figure 23 The NVCAP Item 11: Staff Report Pg. 110 I Packet Pg. 485 of 692 31 2.2 Land Use Development Potential by Land Use NVCAP aims to achieve the following targets for these land uses within the plan area: • Allow up to 530 new dwelling units; • Approximately 2 acres of public open space; w • 16,600 square feet of commercial development Q including existing and new local retail and - professional services. / Table 3 Existing and Future Development Potential by Land Use - // // / Residential 142 units 672 units (units) 4SyS ......................_....._....._........_....._..................._........ o / fir, TREET Parks (acres) 0 acres 1.9 acres ..........................................:.............................................................................. Office (sq.ft.) 744,000 sq.ft. 466,000 sq.ft. Retail (sq.ft.) 111,200 sq.ft. 103,700 sq.ft. / 1_ Legend High Density Mixed•Use High Density Residential Medium Density Mixed -Use Medium Density Residential Law Density Mixed -Use Low Density Residential Open Space Public Facilites Area• Project Boundary 32 North Ventura Coordinated Area Plan E[ C,.1MiNo _ �.. Figure 24 NVCAP Land Use Framework Item 11: Staff Report Pg. 111 33 Packet Pg. 486 of 692 2.2 Residential The NVCAP land use framework is principally focused on supporting a variety of housing options, a diverse range of unit sizes and bedroom configurations, and price points to support Palo Alto residents at different stages of life. Residential density will depend on its location within the Plan Area. For example, mixed use midrise development will be encouraged along commercial corridors whereas townhomes will be encouraged adjacent to existing residential development. The land use designations listed below are calibrated for a wide range of multi -family housing typologies: High -Density Mixed Use The high -density mixed -use designation is located along the southern segment of El Camino Real. The designation is intended to support five- to six -story mid -rise apartment buildings. This designation requires active uses for ground floor frontages with retail requirements at specific nodes along El Camino Real, to support its role as a regional commercial corridor. The designation requires that upper stories be residential. Figure 25 Example of High -Density Mixed Use in Palo Alto Medium -Density Mixed Use The medium -density mixed -use designation is located on the northern segment of El Camino Real and Page Mill Road. The designation is intended to support four- to five -story mid -rise apartment buildings. This designation requires active uses for ground floor frontages with retail requirements at specific nodes along El Camino Real, to support its role as a regional commercial corridor. The designation requires that upper stories be residential. Figure 26 Example of Medium -Density Mixed Use in Palo Alto North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 112 Low -Density Mixed Use The low -density mixed -use designation serves as a transition between the high -density mixed - use area and the low -density residential areas located in the interior of the plan area. The designation area is also located along Ash Street and Portage Avenue, to support mid - to -low-rise multi -family development near the proposed public park. Active ground floor uses are encouraged but not required. Residential is required on the upper floors. Figure 27 Example of Low -Density Mixed Use in Palo Alto Figure 29 Example of Medium Density Residential in Palo Alto High -Density Residential The high -density residential designation is located on the large 395 Page Mill Road site and is targed towards development on the surface parking lots. Item 11 Attachment G: Final Draft NVCAP Medium -Density Residential The medium -density residential designation is located at the 340 Portage Avenue site to support the long-term goal of supporting additional housing in the plan area. The designation requires that both the ground floor and upper floors are residential use. The designation is intended to support a mix of townhouses and mid -rise apartments. Allowable heights are calibrated to support sensitive structures such as the Cannery building. Low -Density Residential The low -density residential designation is calibrated to both facilitate new housing development while also being sensitive to the existing single-family neighborhood fabric - located along Pepper Avenue and Olive Avenue. This area of existing single-family homes has been designated as an area of stability and will not experience a significant degree of change. Figure 28 Example of High Density Residential in Palo Alto Figure 30 Example of Low Density Residential in Palo Alto Packet Pg. 487 of 692 Item 11 Attachment G: Final Draft NVCAP Table 4 Proposed NVCAP Development Standards High -Density Mixed Use 61-100 3.0:1 NV-MXH . r1f Medium -Density Mixed -Use 31-70 55 2.0:1 NV-MXM - ................................._......_.............._................_._................---- Low-DensityMixed Use ._..._..._.__._..._..._..._... 3-17 35 _..._..._...__..._..._..._... 0.5:1 NV-MXL 4' High Density Residential 61-100 65 3.0:1 NV -R4 ;. ; •! q Medium Density Residential 16-30 45 1.5.1 NV -R3 --- - -- -- - ---- Low Density Residential 1 or 2 units/lot 35 0.45:1 NV -R2 NV-R1 . ; ��-- ..... Public Facilities and Open .Sp_ ace n/a n/a n/a NV-PF ...III ; Affordable Housing Existing Uses To bolster the City's affordable housing program, Existing land uses are permitted to remain in new townhome ownership projects across the place and continue operations. Existing buildings plan area would provide 20% inclusionary below or land uses which become nonconforming market rate (BMR) units. For all other housing types, as a result of the new zoning and land use both ownership and rental, a 15% inclusionary BMR classifications are governed by the provisions requirement would apply. In accordance with the in the Zoning Code regarding nonconforming Palo Alto Municipal Code (PAMC), in -lieu fees may buildings and uses. Certain limits are established be paid in certain circumstances, for repairs, additions, restoration, expansion, and occupancy after an extended vacancy. See PAMC Proposed 100% below -market -rate (BMR) projects 18.70 (Nonconforming Uses and Noncomplying in the NVCAP are eligible for an additional height Facilities) for applicable requirements. bonus through either the State Density Bonus or the City's Housing Incentive Program. Open Space This land use designation is located in the southeastern corner of the plan area. This will include the approximately 2 acre public open space as well as the re -naturalization of the Matadero Creek between Park Boulevard and Lambert Avenue. 36 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 113 p Packet Pg. 488 of 692 Item 11 Attachment G: Final Draft NVCAP Ground Floor D Edges The street level is the most important interface between a /;~` building and the public realm. Each o` development should define and ft animate the street level, exploring RK 9C �) active uses, transparency, and � ' �'D '_- engaging design. -7 For design standards and guidelines, go to: pZ Chapter 5: Site and Building Design qSy 2 RFE Legend Required Retail Edge _ Required Active Edge Encouraged Active Edge Residential Edge — Project Boundary 38 North Ventura Coordinated Area Plan 1 _ �' / Figure 32 NVCAP Ground Floor Item 11: Staff Report Pg. 114 REQUIRED _�a� RETAIL EDGE 1 I Packet Pg. 489 of 692 39 2.3 Active Ground Floor Uses To create a pedestrian -friendly environment and visual interest on the ground floors of buildings, new development within within designated areas of high -density and medium -density mixed -use designations will provide active uses on frontages facing a public right-of-way, greenway, or park, to the degree feasible. Retail or retail -like uses are required at specific frontages facing El Camino Real and encouraged along Park Boulevard. By requiring ground floor commercial uses at select nodes along prominent corridors, NVCAP is supporting the ability for residents to walk to everyday services and subsequently reduce the number of cars on the road. See Figure 32 on Page 38-39 for locations of the designated active use areas. Active uses include but are not limited to the following: • Neighborhood -serving retail which provides goods and services that people would frequently use to take care of their personal and household needs. Examples include grocery stores, drug stores, restaurants, dry cleaners, hair salons, etc. • Office use, limited to no more than 5,000 sq. ft. for the parcel. Office use may include General Business, Medical, and Professional; use should be neighborhood serving. • Public Uses including a community room and daycare. • Building lobbies. • Spaces accessory to residential uses, such as fitness rooms, workspaces, leasing offices, shared kitchens, and mail rooms. • Building frontage for mechanical equipment, transformer doors, parking garage entrances, exit stairs, and other facilities necessary to the operation of the building are excluded from this requirement. Figure 33 Building lobbies and other accessory spaces to residential uses are considered active uses. Att Retail Frontage Where ground floor retail is required within the Plan Area, an urban edge should be created to foster healthy street life. This includes storefronts with tall floor to ceiling heights to foster visibility and transparency for homegrown businesses. Traditional retail such as food and beverage establishments area subset of active uses. Residential Frontage Residential stoops, porches, patios, terraces, and frontage courts create a social edge to a neighborhood street. When set back by a small distance and vertically above the sidewalk grade, they can also ensure privacy at a comfortable social distance for a residential unit. Figure 34 Neighborhood -serving retail along major boulevards like El Camino Real, Figure 35 Residential stoops should be set back and elevated to provide privacy for residents. 40 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 115 P Packet Pg. 490 of 692 Mobility The envisioned mobility framework for the NVCAP will provide an array of high -quality mobility options on safe, low -stress, and visually interesting streets. Pedestrian and bicycle facilities will be designed for people of all ages and abilities, and accessible paths to transit will include wayfinding signage and other amenities. Streets and intersections will be designed to prioritize local circulation and access and to encourage low vehicle speeds. The planned improvements will be fully integrated into the surrounding neighborhoods to ensure seamless connections for all users. For design standards and guidelines, go to: Chapter 3: Public Realm Chapter 4: Accessibility and Mobility Legend Bicycle Boulevards Vehicular Movement i Improved Streets California Avenue Caltrain ----D Private Connection O Major Intersection —4 Park Trail improvements umu) First Mile/ Last Mile Connections O Minor Intersection improvements - Warf one ® Bus Stops Vehicular Street on Private Property O traffic signals Surface Parking — . — Project Boundary QPotential Location for Mobility Hub / _ r o• T/ o 1/2 mile from (ShrainlSt son 42 North Ventura Coordinated Area Plan Figure 36 NVCAP Mobility Framework Item 11: Staff Report Pg. 116 Packet Pg. 491 of 692 43 2.4 Project Goals Transit, Pedestrian, and Bicycle Connections Item 11 Attachment G: Final Draft NVCAP 11 Create and enhance well-defined connections to transit, pedestrian, and Central to the vision for a re -imagined North planters, parking areas, and other traffic bicycle facilities, including connections to Ventura neighborhood is a shared street, or calming devices in the street. In addition to the Caltrain Station, Park Boulevard, and "woonerf," along Portage Avenue, becoming a great space for walking and El Camino Real. bicycling, the Portage Avenue woonerf can Woonerf ("street for living") is a Dutch term provide a placemaking space for community Connected Street Grid for an integrated, common space shared by pedestrians, bicyclists, and low -speed motor gatherings, events, retail, and other flexible vehicles. They typically have no curbs or uses. Create a connected street grid, filling in sidewalks, and vehicles are slowed by trees, sidewalk gaps and street connections to California Avenue, the Caltrain Station, and El Camino Real where appropriate. T �,4ii�l��i MEM— LaraiM, . Community Facilities and Infrastructure Carefully align and integrate development of new community facilities and infrastructure with private development, recognizing both the community's needs and that such investments can increase the cost of housing. Figure 38 View of the Bell Street Woonerf in Seattle, Washington 2.4 Bike Network The NVCAP will feature a high -quality, "low - stress" bikeway network that will be comfortable for people of all ages and abilities to use. The proposed network will be integrated into the citywide network to ensure safe, convenient connections to the adjacent neighborhoods. This will be achieved by selecting bicycle facilities that prioritize safety and comfort based on vehicle speeds and volumes, and with intersections that have appropriate bike -specific crossing treatments and traffic control. Wayfinding signage and ample bicycle parking are also integral elements of the network. The bicycle network will support a range of users, including the future integration of scooters, e -bikes, and other micromobility devices. The low -stress bike network will include separated bicycle lanes on busier streets, bicycle boulevards on calmer neighborhood streets, and well -designed intersections throughout the project Plan. Shared -Use Paths are off-street, two-way bikeways physically separated from motor vehicle traffic and used by people bicycling, walking, and other non -motorized users. Separated Bike Lanes are dedicated bikeways that combine the user experience of a multi- use path but are located on a street. They are physically distinct from the sidewalk and separated from motor vehicle traffic by physical objects such as parked vehicles, a curb, green stormwater infrastructure, or posts. Buffered Bike Lanes provide dedicated on -street space for bicyclists delineated with a designated buffer space separating the bicycle lane from the adjacent motor vehicle travel lane. Bicycle Boulevards are streets with low vehicle volumes and speeds, designated and designed to prioritize bicyclists. Bicycle boulevards use signs, pavement markings, and speed and volume management measures to discourage vehicle cut -through trips and include safe, convenient bicycle crossings of busy arterials. The 2012 Bicycle and Pedestrian Transportation Plan includes a potential future grade -separated pedestrian and bicycle crossing of Caltrain/ Alma Street, either near Matadero Creek/ Park Boulevard or between Margarita and Loma Verde Avenues. This project is outside of the NVCAP boundary but will close the gap between existing crossings and greatly improve east -west connectivity in conjunction with other improvements. Gateway Intersections The intersections surrounding the Plan Area will be enhanced to improve access, safety, and connectivity to adjacent neighborhoods. This is particularly important for pedestrian and bicycle safety, as the current intersections' designs largely prioritize vehicular speed and access. New design guidance and signal technology advancements offer options for improved intersection interactions between people walking, biking, and driving. In particular, intersections on the bicycle network with a high potential for conflicts between bicycles and vehicles must be designed thoughtfully. Shared -Use Separated Buffered Bike Boulevard Path Bike Lane Bike Lane Item 11 Attachment G: Final Draft NVCAP J Shared Paths Woonerf ) Separated Bike Lane Bike Boulevard ""....... ➢ External Bike Publicly Accessible Connections Shared Paths on Private Property — - — Project Boundary s-� iim/ 4 F J� f•.. S$��STaFFr w A'p?'SrgEEr / / . Figure 40 NVCAP Bike Network Framework Table 5 Bicycle Facility Classifications El Camino Real ----------- Ash Street Park Boulevard Page Mill Road ■ 1 1 . 1 1 ,. Olive Avenue Separated Facilities Dedicated Facilities Shared Facilities Portage Avenue Figure 39 Bike Facility Degree of Separation 46 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 118 Page Mill Road Page Mill Road ........................... Acacia Avenue ------ -------- Page Mill Road ........................... El Camino Real El Camino Real El Camino Real Lambert Avenue Olive Avenue .............................. Lambert Avenue Lambert Avenue .............................. Park Boulevard Park Boulevard Ash Street Separated and/or Buffered Bike Lane along segment Shared Use Path Bicycle Boulevard Separated Bike Lanes ................................................... Separated or Buffered Bike Lanes Bicycle Boulevard with Wide Sidewalks Shared Use Path or Bicycle Boulevard Ash Street Park Boulevard Woonerf or Shared Use Path Packet Pg. 493 of 692 47 2.4 Transit The success of transit is strongly dependent upon the level of convenience that is offered to the patron. Currently, the North Ventura neighborhood contains two transit stops: a mid - block stop located at El Camino Real and Portage Avenue and a far -side stop located at El Camino Real and Page Mill Road. The mobility framework focuses on designing intuitive, accessible, and safe routes to transit through priority pedestrian and bike streets, wayfinding signage to navigate to Caltrain, enhanced bus stop amenities for passengers, and a mobility hub along Portage Avenue. Vehicles Circulation and Parking The mobility framework serves the needs of existing and future development with vehicle and parking strategies aimed to prioritize local circulation and access, encourage low speeds, and determine right -sized parking capacity. To support local access and mitigate cut -through traffic, the Plan proposes to convert Ash Street from Page Mill Road to Olive Avenue into a one- way southbound street. Olive Avenue from Ash Street to El Camino Real will remain a two-way street. Vehicular traffic on the woonerf on Portage Avenue is permitted but should be discouraged. Vehicle circulation in this area will be primarily for access to buildings located on the woonerf. Acacia Avenue from Ash Street to Park Boulevard will be a private aisle for accessing residential frontage on Acacia Avenue for parking and unloading. In compliance with AB -2097, no parking minimums are to be set as the neighborhood is near a Caltrain Station. However, there will also be no parking maximums, allowing the neighborhood to follow a market -based regulatory approach. No new surface parking is proposed, and new parking supply should be implemented on the ground or basement levels of new buildings. Where new buildings are not proposed, existing surface parking spaces are to remain to support remaining commercial offices. Street parking is to remain in front of single-family homes on Pepper Avenue and Olive Avenue, with no new street parking proposed along new developments. Street parking near intersections should be restricted to ensure large vehicles and emergency vehicles are able to safely make turns. To support the new ground -floor retail and active use frontage in new buildings, short-term parking should be implemented on the ground or basement levels of the new developments. Transportation Demand Management (TDM) Strategies TDM strategies can be effective at encouraging fewer trips made by single -occupancy vehicles (SOV). An effective TDM Plan ensures that alternative modes of transportation, such as walking, bicycling, public transit, or other forms of shared mobility, are made available to site occupants and nearby community members. TDM enhancements have additional benefits beyond reducing SOV trips, including: • Improving the environment by reducing traffic congestion and air quality impacts produced by new development. • Improving transportation circulation and safety conditions for community members. • Quality of life enhancements that improve the public realm. Legend Vehicular Movement Vehicular Street Vehicular Street on Private Property _ Surface Parking OMajor Intersection Improvements OMinor Intersection Improvements , Traffic Signals Figure 41 NVCAP Vehicle Movement and Parking Framework Packet Pg. 494 of 692 48 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 119 49 Ecology and Sustainability NVCAP's ecological framework takes direct inspiration from the City's Sustainability and Climate Action Plan, putting forward design strategies that collectively expands the definition of sustainability. This framework goes beyond mitigation, adaptation, and resilience, but grounded in regeneration identifying opportunities for renewal, restoration, carbon sequestration, and growth of the natural environment. The future streets, parks, natural areas, and buildings will restore and enhance habitat and pollinator pathways, flood protection and stormwater management, cleaner air and cleaner water, and healthier habitats for current and future generations. For design standards and guidelines, go to: Chapter 3: Public Realm Chapter 4: Accessibility and Mobility Chapter 5: Parks and Open Space Chapter 6: Site and Building Design 50 North Ventura Coordinated Area Plan Item 11 GREEN `,\ GREENSTORMWATER Attachment G: Final Draft NVCAP ROOFS ��yy�� INFRASTRUCTURE ® - • PATHWAYSR • rl. URBAN FOREST COMMUNITY NATURALIZED / OPEN SPACE MATADERO CREEK / IrnT 4C `S QT oo , // , // / .:' ' /7Y ,;;:• / , �I / 1 I Q II I 1 I f f 1 _ 1 f ECOLOGI AC L CORRIDORS AND HABITAT ENERGY EFFICIENT I ' BUILDINGS Figure 42 NVCAP Ecology and Sustainability Framework Item 11: Staff Report Pg. 120 Packet Pg. 495 of 692 51 2.5 Public Park Located in the southeast corner of the Plan Area, NVCAP proposes to transform a surface parking lot into a new public park that is approximately two acres. The potential future naturalization of Matadero Creek between Park Boulevard and Lambert Avenue serves as the organizing framework for the park's design and neighborhood destination, inviting Palo Alto residents, employees, and visitors to enjoy access to recreational activities, habitat, and inclusive community programming. Shared multi -use pathways weave through the park, providing access to the Creek and seamless connections to the citywide pedestrian and bicycle network, ensuring that the park is a beloved city asset that can be enjoyed by the entire community. The primary entrance to the park is along the proposed Portage Avenue woonerf directly across from the historic Palo Alto Cannery, creating an iconic activity node. The design of the proposed Portage Avenue woonerf supports a natural extension of the park to the renovated Cannery building. ACTIVE ZONES !?[9 COMMUNITY GARDENS -�": f �"f OBSERVATION DECK by L! MULTI -USE ---- OPEN SPACE 4 'i� •4s _ �' �;.;; SAFE CONNECTION T,pF ; TO BOULWARE PARK Li Figure 43 A conceptual design for the future public park Att Matadero Creek NVCAP proposes future re -naturalization of a section of the Matadero Creek, removing the existing U-shaped concrete channel and replacing it with a widened, natural channel. The goals of a renaturalization project are to provide community benefits, re-establish riparian ecosystem habitat, and avoid adverse impacts on hydraulic performance and flood risks. The NVCAP supports a widened natural corridor with an area available for riparian plantings, creative landscape architecture design, and increased recreation access. This concept includes replacing the Lambert Avenue bridge with a longer span and widening the creek channel from approximately 30 feet wide to 100 feet wide. Green Stormwater Infrastructure As an integral part of the Plan Area's ecological and sustainability framework, the public realm consists of a coordinated network of multi- functional landscapes that effectively manage stormwater, create pollinator pathways, mitigate the urban heat island effect, and create usable public spaces for all to enjoy. Figure 44 An example of a restored creek in San Luis Obispo, CA. Figure 45 An example of green stormwater infrastructure integrated with street furnishings. 52 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 121 53 p Packet Pg. 496 of 692 Urban Form NVCAP's Urban Form framework champions the design of buildings that are respectful neighbors, human -scaled, and embrace the street. New development will respond to the surrounding context such as building up to El Camino Real while creating a gentle transition to quieter residential portions of the neighborhood. The Urban Form framework was developed taking into account the existing neighborhood in the plan area, including the existing residential neighborhoods. In addition to creating a well-connected neighborhood accessible by all modes of transportation, the framework also evaluated transitions between the future development and existing neighborhoods, as well as between private development and the public realm. This informed the building standards and site design standards for the plan area. The design standards and guidelines for the public realm, public park, and buildings are laid out in the subsequent chapters. The standards and guidelines will create a complete and well-connected neighborhood that is respectful of the existing urban fabric and achieve the goals of the plan. For design standards and guidelines, go to: Chapter 6: Site and Building Design Figure 46 Internal streets have height allowances that are conducive with missing middle housing like town homes. Item 11 Attachment G: Final Draft NVCAP f f 9 Figure 47 Urban form design standards requires setbacks and stepbacks for new development that is adjacent to single family zoning. 54 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 122 Packet Pg. 497 of 692 55 Item 11 Attachment G: Final Draft NVCAP Public Realm 3.1 Sidwalk Zone 3.2 Traffic Lanes and Intersections 3.3 Green Infrastructure 3.4 Paving 3.5 Exterior Lighting 3.6 Wayfinding 3.7 Public Art The public realm is a connective tissue of streets, parks, plazas, and natural spaces that weaves throughout the neighborhood, serving as an organizing framework for future development while fostering inclusive, experience - rich spaces for the entire Palo Alto community. Building on the 2030 Comprehensive Plan's Urban Design Vision, the Plan Area's public realm will 'serve as centers for public life with gathering places, bicycle and pedestrian access, safety - enhancing night-time lighting and clear visual access, and, in some cases, small- scale retail uses such as cafes.' The standards and guidelines layout a planned, intentional, well -designed public realm network that works in unison to achieve multiple goals: • Aesthetically pleasing, context - appropriate streets that enhance residents' quality of life and Palo Alto's reputation as 'a gracious residential community.' • A comprehensive multi -modal network that provides equitable access to clean, safe, and reliable mobility options and seamlessly connects to the larger citywide transportation network. • Open spaces that blend people places with green stormwater infrastructure to provide new social gathering outdoor rooms while showcasing climate -positive design. Item 11: Staff Report Pg. 123 1 Packet Pg. 498 of 692 Item 11 Attachment G: Final Draft NVCAP Sidewalk Zone Sidewalk Zone design is important for creating a safe, accessible, and attractive urban environment that caters to the needs of pedestrians and cyclists. The City has established design guidelines and required standards for sidewalk improvements outlined in PAMC Section 18.24.020 that are applicable to development in the NVCAP. The design elements apply to the three distinct sidwalk zones: Frontage, Sidewalk, and Street. Below is description of the zones and objective design standards. For additional information please refer to the respecitve PAMC section. Table 6 Allowed Features by Sidwalk Zone Sidewalk !IrCommuflity Facilities and Infrastructure Carefully align and integrate development of new community facilities and infrastructure with private development, recognizing both the community's needs and that such investments can increase the cost of housing. Building Frontage Area i Pedestrian Clear I Landscape/ Setback Zone Furniture Zone Mixed -Use • Sidewalk • Street Trees/ • Sidewalk Dining Planting • Outdoor Displays Street Lighting • Public Art • Seating • Seating • Bike Parking • Trees/Planting • Public Art Residential • Outdoor • Stoops Dining • Porches • Bus Shelters • Front Yards • Utilites (e.g., hydrants) • Trees/Planting Residential Frontage Mixed•Use Frontage Figure 48 The Sidewalk Zone For more o , goinformation pn sterr4et dimensions, go to: Chapter 4: Accessibility and Mobility Street Vehicle/Bike Lanes • Street Parking • Bike Lanes • Drop-off Zones • Parklets • Bus Stops Traffic Lanes and Intersections The neighborhood is bounded on the west and north by two major vehicular roads: El Camino Real, a major arterial, and Oregon Expressway, an street designed to move higher volumes of vehicles quickly and efficiently. However, most streets within the Plan Area are classified in the Comprehensive Plan as local/ collectors, designed to calm traffic and give pedestrians priority in terms of scale and facility. The plan is aligned with the recommendations of the National Association of City Transportation Officials (NACTO) which states that narrower lane widths such as 10 feet are appropriate in urban areas and have a positive impact on street safety without impacting traffic operations. Standards: The regulations that govern the requirements for traffic lanes and intersections are mentioned below. The information described here provides a general overview of requirements and is not intended to replace the regulations referenced. 3.2.1 Local Street Traffic Lane Width All vehicle traffic lanes on local streets shall have a width of 10 feet. 3.2.2 California Fire Code All roadway configurations shall comply with the California Fire Code. This includes the following: • Roadway widths shall accommodate aerial fire apparatus set up at strategic locations for buildings over 27 feet tall. • Walkable pathways shall be a minimum of 16 feet wide and support fire apparatus weights if vehicle traffic circulation is being restricted. 3.2.3 Crosswalk Treatments All crosswalk surfacing and treatments shall follow the Americans with Disabilities Act (ADA) specifications. 3.2.4 Intersection Enhancements All intersection enhancements shall select from the following toolbox: • High visibility marked crosswalks. • Raised crosswalks. • Advance stop bars and yield lines. • Daylighting to improve sightlines by removing parking adjacent to the intersection. • ADA-accessible, bi-directional curb ramps. • Curb extensions or bulb -outs. • Bicycle detention and markings to indicate the position and path for bicyclists to cross the intersection. • Traffic signals. • Accessible pedestrian signals at intersections with clear markings, audio, and braille messaging. • Leading pedestrian intervals at signalized intersections for pedestrians to establish their presence in the crosswalks before vehicles proceed. • Green Stormwater Infrastructure Guidelines: 3.2.5 Artful Intersections To enhance the aesthetics and vibrancy of the roadway, key intersections and crosswalks should be evaluated for the inclusion of public art, such as unique pavers, intersection murals, or crosswalk artwork, where appropriate. For additional information, refer to the Public Art Program provisions and Public Art Master Plan. 58 North Ventura Coordinated Area Plan 59 Item 11: Staff Report Pg. 124 Packet Pg. 499 of 692 3.3 Item 11 Attachment G: Final Draft NVCAP Green Infrastructure As an integral part of the Plan Area's ecological network, the public realm will consist of a coordinated network of green stormwater infrastructure intended to implement the Comprehensive Plan's vision to "provide ecological and health benefits and a source of beauty for residents. Palo Alto will strive for clean air and clean water." Inspired by natural systems, the following standards and guidelines for green stormwater infrastructure and the urban forest are aimed at creating multi -functional landscapes that: • Effectively manage stormwater. • Create pollinator pathways. • De -pave unnecessary hardscaped areas to mitigate the urban heat island effect. • Create usable outdoor rooms which are an extension of parks and plazas. The regulations that govern the requirements for green stormwater infrastructure and tree protection are mentioned below. The information described here provides a general overview of requirements and is not intended to replace the regulations referenced. 3.3.1 Green Stormwater Infrastructure Green stormwater ifrastructure is built into our urban environment to collect, slow, and clean stormwater runoff through the use of natural processes. Development is subject to the requirements of the regional permit (San Francisco Bay Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit) and local regulations. For details on local requirements, see the Green Stormwater Infrastructure (GSI) Plan and PAMC 16.11, Stormwater Pollution Prevention. 3.3.2 Street Trees Palo Alto boasts a large population of trees and has been acknowledged by both the State of California and the National Arbor Day Foundation as a Tree City -USA. Preserving and r rr Sustainability and the Environment Protect and enhance the environment, while addressing the principles of sustainability. enhancing the City's urban tree canopy is key consideration for all development, especially for vision of the new neighborhoods within NVCAP. For tree preservation requirements, PAMC Chapter 8, Trees and Vegetation, provide standards for both public and privately owned trees. These requirements apply to all trees and landscaping within the public right of way. For privately owned trees, specific native mature trees are subject to the tree protection requirements. Please refer to the PAMC for more details. For new development requiring street trees, property owners shall consult with the City's Urban Forestry division to determine the appropriate street tree. Tree species should be selected based on a combination of their aesthetics and their ecological performance benefits and contextual placement. Where space allows, either on private setbacks or within the sidewalk zones, the planting of a second row of street trees is encouraged. 3.3.3 Pollinator Pathways The adopted Palo Alto Parks, Trails, Natural Open Space, & Recreation Master Plan identifies Portage Avenue and Park Boulevard as Pollinator Pathways. Street design for these streets shall integrate native plantings (e.g. riparian, grassland, or oak woodland), and specific habitat plantings to support pollinators such as hummingbirds and butterflies. Figure 49 Bioretention 60 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 125 P Packet Pg. 500 of 692 3.4 Item 11 Attachment G: Final Draft NVCAP Paving Paving is a key component that will help define the character, connectivity, and identity of the North Ventura neighborhood's varied streets and open spaces. A hierarchy of paving materials on streets like El Camino Real, Portage Avenue, and Park Boulevard can help create clear wayfinding and contributes aesthetically to the neighborhood. Standards: 3.4.1 City Standards All street paving shall meet City of Palo Alto Sidewalk Standards per PAMC 12.08 and be approved by the city engineer or designate. 3.4.2 Solar Reflectance Index (SRI) Materials that reduce the urban heat island effect by using pavement with a Solar Reflectance Index (SRI) of 29 or higher shall be selected for use. 3.4.3 Portage Avenue Special Paving The Portage Avenue Woonerf shall incorporate a special paving pattern. The use of contrasting, tactile, and high -quality paving that distinguishes the bike lanes and vehicle lanes with a curbless street that prioritizes pedestrians, gathering and spill -over activities is encouraged. Figure 50 Light colored pavement reduces the urban heat island effect. 62 North Ventura Coordinated Area Plan Guidelines: 3.4.4 Responsible Material Use Paved areas should be made of sustainable paving materials, including recycled, local, and sustainable sourced materials, Consider opportunities for the reuse of demolition waste from the site. 3.4.5 Accent Paving at Intersections Street improvement projects should install accent paving at key intersections and raised crossings. . 3.4.6 El Camino Real Special Paving In coordination with Caltrans and VTA, the segment of El Camino Real within the neighborhood should incorporate a special paving pattern that reflects its position as a Grand Boulevard. The paving material should extend into the private setback along active ground floor uses to create a more comfortable and welcoming public space for adjacent businesses. 3.4.7 Pervious Paving for Green Stormwater Infrastructure Large hardscaped areas such as parking areas, sidewalks, and driveways could utilize types of pervious pavements to reduce ponding, recharge groundwater, and prevent stormwater pollution. For more informationsgo toon intersections go to: Chapter 4: Accessibility and Mobility Exterior Lighting Adequate exterior lighting should be provided in all dedicated open spaces and along all streets and greenways to ensure clear wayfinding and safe pedestrian passage. Lighting design also has an opportunity to support habitat and mitigate light pollution, allowing current and future generations to be able to look up and clearly see the night sky. The information described here provides a general overview of requirements and is not intended to replace established relevant regulations unless specifically noted. Standards: 3.5.1 Light Fixtures within Right -of -Way All exterior light fixtures in the right-of-way shall meet City of Palo Alto standards per PAMC 12.08 and be approved by the City. 3.5.2 Fully -Shielded Fixtures All exterior light fixtures shall be fully shielded to minimize glare, light trespass, and light pollution throughout the neighborhood. 3.5.3 Dark Sky Compliant Exterior light fixtures shall meet or exceed applicable energy -efficiency standards while adhering to recommended kelvin temperature specified by the International Dark Sky Association (2700) to prevent negative health impacts on humans and wildlife except where otherwise required for safety. This standard shall be applicable until the City adopts the Citywide ordinance on Dark Sky standards. 3.5.4 Key Pedestrian Routes and Scale Lighting shall reinforce key active transportation streets and all lighting shall be scaled to the pedestrian and bicycle experience. 3.5.5 Safety Guidelines: 3.5.6 Habitat Areas If lighting is appropriate in the proposed public park adjacent to the Creek and sensitive habitat areas, light fixtures should be equipped with motion sensors or timers to not disrupt the circadian rhythms of wildlife. 3.5.7 Retail / Active Use Areas Lighting on private property along El Camino Real and Portage should incorporate signature fixtures and a variety of special lighting types such as catenary string lights to reinforce an experience -rich street life. See PAMC 18.40,250, Lighting, for more detail. Figure 51 Dark sky compliant exterior light fixtures helps mitigate light pollution and the health of both humans Lighting shall allow facial recognition along paths and wildlife. of travel. Lighting shall not create glare or "hot Item 11: Staff Report P . 126 63 p g Packet Pg. 501 of 692 3.6 Item 11 Attachment G: Final Draft NVCAP Wayfinding The design and integration of wayfinding is an effective tool that can celebrate the neighborhood's history, foster a sense of place, and support clear and predictable navigability for residents, employees, and visitors. Standards: 3.6.1: Caltrans Standards Roadway signage shall comply with the California Manual on Uniform Traffic Control Devices (MUTCD), and California Sign Specifications. 3.6.2: City Standards Active Transportation signage shall adhere to the Design Standards included in the City of Palo Altos Bicycle and Pedestrian Transportation Plan; the regulations in Sign Ordinance, PAMC 16.20 may also apply. Guidelines: 3.6.3: Shared Use Signage Curbless streets such as Portage Avenue Woonerf should have signage that indicates the delineation of the right of way for pedestrians, bicycles, and vehicles. Shared trails within the public park should include signage indicating the shared use area at pedestrian and bicycle eye level. 3.6.4: Celebrate the Cannery and Other Landmarks Signage and wayfinding should take cues from neighborhood landmarks like the Cannery by correlating graphically and emulating a consistent color and material palette. 3.6.5: Neighborhood Maps and Directional Signage Area -specific maps and directional signage that highlights nearby destinations along pedestrian pathways should be installed at major gateways into the neighborhood. 3.6.6: Mile Markers and Educational Placards The use of mile markers and educational and interpretive placards can be placed along the trails along Matadero Creek to inform visitors about the re -naturalization process and subsequent ecological benefits. Figure 52 Neighborhood map and directional Public Art Building on the City's legacy of commissioning iconic public art within urban centers like Downtown Palo Alto and California Avenue, the integration of new and diverse public art can contribute significantly to the sense of place within the neighborhood. This plan is aligned with the City of Palo Altos Public Art Master Plan's guiding principles which state that Palo Altos public art will: • Be distributed citywide, focusing on areas where people gather and in unexpected places that encourage exploration; • Represent a broad variety of artistic media and forms of expression; • Enhance City infrastructure, transportation corridors, and gateways; • Include both permanent and temporary artworks; • Strive for artistic excellence; • Be maintained for people to enjoy. Guidelines: 3.7.1 Location of Public Art Public art should be located at major social engagement areas such as the proposed public park and the Cannery Building, along transportation corridors such as El Camino Real, Portage Avenue, and Park Boulevard, and at major gateway moments announcing that you are entering the neighborhood. Figure 53 The location of public art such as Passages by Susan Zoccola should be located at the public park, major transportation corridors and major gateways. signage are effective wayfinding tools for visitors to the area. 64 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 127 65 p Packet Pg. 502 of 692 Item 11 Attachment G: Final Draft NVCAP Accessibility and Mobility 4.1 Pedestrian Realm 4.2 Bike Network 4.3 Gateway Intersections 4.4 Street Sections 4.5 Transit Access 4.6 Vehicle Circulation and Parking 4.7 Transportation Demand Management Vibrant, pedestrian -oriented, and visually interesting streets will be the setting for the future of the North Ventura neighborhood. With generous and active sidewalks, traffic calming devices, and low -stress bicycle facilities, the street network will provide a variety of options to travel safely and conveniently through the neighborhood. Building on the 2030 Comprehensive Plan, Palo Alto Bicycle and Pedestrian Plan, and Grand Boulevard Palo Alto Safety Study, the plan supports the implementation of the City's vision to 'build and maintain a sustainable network of safe, accessible and efficient transportation and parking solutions for all users and modes, while protecting and enhancing the quality of life in Palo Alto. Programs will include alternative and innovate transportation processes, and the adverse impacts of automobile traffic on the environment in general and residential streets in particular will be reduced. Streets will be safe, attractive and designed to enhance the quality and aesthetics of Palo Alto neighborhoods. Palo Alto recognizes the regional nature of its transportation system, and will be a leader in seeking regional transportation solutions, prioritizing Ca/train service improvements and railroad grade separations.' The following street sections, which include street design standards and guidelines, are intended to illustrate the long term vision of the NVCAP mobility network. The design of the new streets will be built out over time. Item 11: Staff Report Pg. 128 Packet Pg. 503 of 692 Item 11 Attachment G: Final Draft NVCAP Pedestrian Realm The NVCAP aims to create a fully connected, accessible, and prioritized network of wide, tree -lined sidewalks with regular maintenance, promoting walkability, safety, and connections for all residents. Portage Avenue, Park Boulevard, and Olive Avenue will be prioritized as walking routes to the California Avenue Caltrain Station and bus stops along El Camino Real, offering convenient alternatives to driving. Establishing publicly accessible private paths to bridge existing gaps will further ensure a fully connected pedestrian network within the plan area. Standards: 4.1.1 Pedestrian -Friendly Street Design The NVCAP shall feature a fully connected, ADA-accessible sidewalk network with enhanced intersections promoting pedestrian safety and accessibility while collaborating with local disability organizations to ensure inclusive design throughout. 4.1.2 First/Last Mile Transit Connections To create safe and accessible walking routes to the California Avenue Caltrain Station and the bus stops along El Camino Real, routes along Park Boulevard shall be enhanced. The following are some design options that can be considered to meet this requirement: • Pedestrian -scaled lighting • Wider sidewalks • Wayfinding signage • Buffered bike lanes • Collaborating with developers to restrict new curb cuts, close old ones, and design for activated ground floor frontages. A signalized crosswalk at Page Mill Road/ Ash Street can be considered to open another accessible route to the Caltrain Station. 4.1.2 Woonerf A woonerf shall be developed on Portage Avenue between Ash Avenue and Park Boulevard, designed in accordance with the Portage Avenue Street Section Design Standards and Guidelines outlined in Section 4.4 and consider the following: • A row of street trees on either side of the main travel way to designate pedestrian priority areas adjacent to building frontages. • Signage emphasizing the presence of pedestrians and bicyclists. • Textured or permeable pavement designed to slow vehicle speeds and provide stormwater management benefits. • Pedestrian -scale lighting • Seating areas • Landscaping and Green Stormwater Infrastructure • Design elements that highlight the community's vision or character. Guidelines: 4.1.3 Publicly Accessible Private Path As indicated in the NVCAP Pedestrian Network (Figure 37 in Chapter 2), publicly accessible and shared private paths should be estsablished to contribute to the overall pedestrian network within the plan area. Bike Network The NVCAP will implement a high -quality, "low - stress" bike network, seamlessly integrated with the citywide system. This bike network, incorporating separated lanes for busier streets, boulevard treatments for calmer areas, and well -designed intersections, will prioritize safety and comfort for all users, including cyclists, future micromobility devices, and pedestrians. Wayfinding signage and ample parking will complete this network, encouraging travel by bike throughout the plan area and beyond. Standards: 4.2.1 Bicycle Facilities The standards for bike facilities vary depending on the streets within NVCAP. Table 5 in Chapter 2 on page 47 outlines the specific bike facility improvements required for each street section. These improvements range from shared use paths and buffered bike lanes to bike boulevards. 4.2.2 Compliance with Other Standards The bicycle network within the plan area shall comply with Citywide standards, including, but not limited to, the Bicycle + Pedestrian Transportation Plan. For El Camino Real, additional consideration shall be given to standards established by other relevant agencies. Guidelines: 4.2.3 Bicycle Support Facilities Facilities that support bicycle travel should be incorporated at various locations throughout the NVCAP. These include: Wayfinding signage along the bicycle network that provides information on routes, destinations, and distances. Bicycle parking: expand the availability of sidewalk bicycle parking, secure long-term bicycle parking, and install end -of -trip facilities at transit stops along El Camino Real and at the California Avenue Caltrain Station. These may be in the form of outdoor bicycle racks, indoor or outdoor bicycle lockers, or indoor bicycle parking cages for each tenant. Shower facilities and lockers at places of employment. 70 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 129 p Packet Pg. 504 of 692 4.3 Item 11 Attachment G: Final Draft NVCAP Gateway Intersections Recognizing the need to enhance the safety and experience for all users, the NVCAP will implement new design strategies for its gateway intersections. These crucial entry and exit points often face challenges in balancing the needs of pedestrians, cyclists, and drivers. By prioritizing safety at these intersections, the plan aims to create a more welcoming and accessible environment for everyone entering and leaving the plan area and to provide seamless connection to the rest of the city. NVCAP will pursue enhancements to the five gateway intersections listed: 1. El Camino Real and Page Mill Road 2. El Camino Real and Olive Avenue 3. El Camino Real and Portage Avenue / Hansen Way 4. Lambert Avenue and Ash Street 5. Park Boulevard and Portage Avenue Details regarding each intersection are provided in the following pages. For improvements to intersections along streets not owned and controlled by the City, specifically El Camino Real and/or Page Mill Road, approval from Caltrans and or the County is required. The City will work closely with other partnering agencies to further the goals and vision of the plan area, as well as adhere to the design standards and guidelines of partnering agencies. The NVCAP prioritizes well -designed gateway intersections, but acknowledges specific design details will be subject to future City -led efforts, ensuring flexibility and integration with evolving needs. Broader and more comprehensive analyses and engineering of gateway intersections is required to finalize design recommendations. This includes, but may not be limited to, an Intersection Safety and Operational Assessment Process (ISOAP) to identify the optimal design strategies for intersection types, geometry, and traffic control at gateway intersections. I 1, 'n -' - I �� PgRKgo w _ 1 t �� O� � �42�w �'srR�T w Asivg�eeT yy/ Figure 54 Map of Conceptual Gateway Intersection Design Improvements Figure 55 El Camino Real and Page Mill Road Conceptual Intersection Design Gateway Intersection 1: El Camino Real and Page Mill Road The intersection of El Camino Real and Page Mill Road will be redesigned with specific transit, pedestrian and bicycle elements. At built -out, the eastbound right turn slip lane from Page Mill Road to El Camino Real would be removed, tightening the turning radius, and thereby reducing vehicular turn speeds and pedestrian crossing distances. In the near -term, the County has a plan to enhace this intersection without removal of the right -turn pork chop at the Palo Alto square corner. Separated bicycle lanes will provide dedicated space for bicyclists on El Camino Real, and they will also receive dedicated signal phasing to reduce conflicts with right -turning vehicles when Legend crossing Page Mill Road. Red pavement markings ADA Ramp will also indicate that buses can use the right -turn lanes to proceed forward across the intersection to far side bus stops with new transit boarding Bicycle Lane islands. _ Bus Lane _ Sidewalk 72 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 130 73 P Packet Pg. 505 of 692 Item 11 Attachment G: Final Draft NVCAP Gateway Intersection 2: El Camino Real and Olive Avenue The intersection of El Camino Real and Olive Avenue would be redesigned with high visibility marked crosswalks and bicycle elements would be painted across all approaches. While a traffic signal is not proposed for this intersection, other strategies should be explored to ensure improved pedestrian and bicycle access and safety across El Camino Real. Legend ADA Ramp Bicycle Lane _ Sidewalk Figure 56 El Camino Real and Olive Avenue Conceptual Intersection Design Gateway Intersection 3: El Camino Real and Portage Avenue / Hansen Way Both slip lanes entering and exiting Hansen Way from El Camino Real would be closed and redesigned to include a dedicated bicycle cut-out to cross El Camino Real. Separated bicycle lanes will provide dedicated space to cyclists along El Camino Real. The existing northbound bus stop would be relocated to the far side of Portage Avenue with dedicated boarding islands separating transit users from cyclists. All existing crosswalks would be repainted to be high visibility, and the existing crosswalk at Portage Avenue will be straightened Legend across El Camino Real. Portage Avenue is currently proposed to be 1i ADA Ramp bicycle boulevard and woonerf. Alternatively, a two-way bikeway on Portage Avenue from Park ® Bicycle Lane Boulevard to El Camino Real may be included in - Sidewalk the final design of this intersection. Figure 57 El Camino Real, Hansen Way, Portage Avenue Conceptual Intersection Design 74 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 131 75 p Packet Pg. 506 of 692 Item 11 Attachment G: Final Draft NVCAP Figure 58 Lambert Avenue and Ash Street Conceptual Intersection Design Gateway Intersection 4: Gateway Intersection 5: Lambert Avenue and Ash Street Park Boul yard and Portage Avenue A raised crosswalk with advance yield lines would This intersection is the primary access point be located on the east side of the intersection, into the woonerf along Portage Avenue. The This will provide a direct connection for the intersection would be stop -controlled and have proposed path along Matadero Creek between high visibility crosswalks on all approaches. John Boulware Park and the proposed park on the NVCAP site. The segment of Ash Street "North Ventura' gateway signage should be adjacent to Boulware Park is being removed and installed at the entrance to the woonerf. will become a part of the park. Legend Legend ADA Ramp _ ADA Ramp Bicycle Lane Matadero Creek _ Sidewalk _ Sidewalk Figure 59 Park Boulevard and Portage Avenue Conceptual Intersection Design 76 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 132 77 P Packet Pg. 507 of 692 Item 11 Attachment G: Final Draft NVCAP Other Intersection Improvements Page Mill Road and Park Boulevard Page Mill Road/Park Boulevard was recently redesigned as part of the construction of adjacent development. While vehicle volumes are currently quite low there today, they are projected to increase over time. To support the transition to a more pedestrian and bicycle -friendly neighborhood, additional safety treatments such as leading pedestrian intervals, advance stop bars, and a "bike box" for northbound Park Boulevard may be considered. Page Mill Road and Ash Street A hybrid beacon or full traffic signal and a marked crosswalk should be installed at this location to support pedestrians and bicyclists crossing Page Mill Road. Coordination with Santa Clara County would be needed to determine if a signal or crossing is feasible. This page is intentionally left blank North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 133 p Packet Pg. 508 of 692 4.4 Item 11 Attachment G: Final Draft NVCAP Street Sections The following street sections, which include street design standards and guidelines, are intended to illustrate the long term vision of the NVCAP mobility network. The design of the new streets will be built out over time. Park Boulevard Park Boulevard is a priority north -south bicycle and pedestrian street that connects the NVCAP Plan Area to the California Avenue Caltrain Station and terminates at the California Avenue Business District. The street emphasizes multi - modal transportation with wide pedestrian sidewalks, bi-directional buffered bike lanes, and a two-way flow of vehicles is maintained. Park Boulevard is designated as a citywide pollinator pathway, the design of the street prioritizes a connected canopy of trees and a lush, landscaped streetscape to support the health and comfort of both people and wildlife. Standards: 4.4.1 Street Design Table 7 Park Boulevard Street Design Building Entries New development shall provide a primary entry or entries on Park Boulevard. Frontage / Setback Western Edge: 20 Feet from Property Line Eastern Edge: 5 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape / Furniture 4-4.5 Feet Zone Bicycle Facility Separated Buffered Bike Lanes 5 Feet Bike Lane 2-3 Feet Buffer Parking / Loading No On -Street Parking Vehicle Travel Lanes 10 Feet One Lane in Each Direction Guidelines: 4.4.2 Widen the Pedestrian Throughway Streetscape elements should include: • Street trees that can create a connective canopy at full maturity • Lighting and wayfinding that provides a neighborhood branding/identity opportunity • Seating/rest areas for residents and commuters • Green Stormwater Infrastructure in the setbacks, landscape/furniture zone, and if space allows, the separated buffered bike lane. weterr Clear Tree Bike 5 j Bike Tree Clear Setback Walkway Bad tune Drive tone Drive Lane a Lane Bed Walkway Setback 12' 8' 4.5' 5' 2' 10' ID' 2' 5' 4.5' a 5' 59' Figure 60 Typical Park Boulevard Section M 80 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 134 81 p Packet Pg. 509 of 692 Item 11 Attachment G: Final Draft NVCAP Olive Avenue Olive Avenue is a priority east -west pedestrian and bicycle street that creates a direct link between the commercial activity on El Camino Real with the multi -modal mobility on Park Boulevard. Olive Avenue has two distinct street designs: g' Between Park Boulevard and Ash Street, the 'a street is configured to accommodate comfortable sidewalks and two-way vehicle travel lanes. Due to the low traffic volumes and speeds on Olive Between Ash Street and El Camino Real, the Avenue, the street is designated as a bicycle northern outhern edge street remains a two-way street. Due to the low n.. �� o.. e. ,w aro. boulevard which allows cyclists to ride with traffic. wms' traffic volumes and speeds on Olive Avenue, the zo a. C s ,o ", aC a ,p The setback on the northern edge of the street is street is designated as a bicycle boulevard which �o 20 feet to protect the existing green stormwater allows cyclists to ride with traffic. The on -street infrastructure along the 395 Page Mill Road parking on both sides of the street is maintained. L property. Standards: 4.4.3 Street Design Table 8 Olive Avenue Street Design 0 Between Park Boulevard and Ash Street Building Entries New development shall provide a primary entry or entries on Olive Avenue except for properties that are abutting Park Boulevard or Ash Street. Frontage / Setback Northern Edge: 20 Feet (Existing Bioswale) Southern Edge: 10 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: 3 Feet Zone Southern Edge: 4 Feet Bicycle Facility Bicycle Boulevard 10 Feet Parking / Loading 2 Lanes of On -Street Parking Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction 82 North Ventura Coordinated Area Plan Between Ash Street and El Camino Real Building Entries New development shall provide a -- T primary entry or entries on Olive Avenue except for properties that Figure 61 Typical Olive Avenue section between Park Boulevard and Ash Street are abutting El Camino Real or Ash Street. (' tr Frontage/Setback 10 Feet from Property Line ©! Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: 3 Feet Zone Southern Edge: 4 Feet Bicycle Facility Bicycle Boulevard 10 Feet northern edge southern edge cwar r onsw.x onser.a, rr« awr SNbod: wnik..ay Rod Po Ong t,iva Lone Odw Lan. Porkl,q Sod WOItw. S.thaCk Parking / Loading 2 Lanes of On -Street Parking CC e s s ra in s 1 e is Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction Figure 62 Typical Olive Avenue section between Ash Street and El Camino Real Item 11: Staff Report Pg. 135 1 Packet Pg. 510 of 692 83 Item 11 Attachment G: Final Draft NVCAP Ash Street •- 1 r� . Ash Street is a quiet, predominately residential street, which provides a critical north -south connection throughout the Plan Area. A desired pedestrian connection across Olive Avenue to Acacia Avenue will provide seamless access from Page Mill Road to public park, Matadero Creek, and existing community amenities such as Bouleware Park. Ash Street has two distinct street designs: Between Page Mill Road and Olive Avenue, Between Olive Avenue and Lambert Avenue, the the street is converted from a two-way street street segment is designed with bi-directional to a one-way southbound street. This change sidewalks and vehicle lanes. The vehicle travel prevents northbound traffic on El Camino Real lanes are also designated as bicycle boulevards, from using the neighborhood as a cut -through to where cyclists share the road with vehicles. travel eastbound on Page Mill Road. The western edge of the street features a wide shared -use path for pedestrians and northbound cyclists. Standards: 4.4.4 Street Design Table 9 Ash Street Street Design 0 Between Page Mill Road and Olive Avenue Building Entries New development shall provide a primary entry or entries on Ash Street except for properties that are abutting Page Mill or Olive Avenue. Frontage / Setback Western Edge: Maximum 5 Feet from Property Line Eastern Edge: Maximum 5 Feet from Property Line Pedestrian Clear Zone Eastern Edge: Shared Use Path: 12 Feet Western Edge: 8 Feet Landscape / Furniture Western Edge: 5 Feet Zone Eastern Edge: 5 Feet Bicycle Facility Southbound: Bicycle Boulevard 10 Feet Vehicle Travel Lanes 10 Feet Southbound Lane © Between Acacia Avenue and Lambert Avenue Building Entries New development shall provide a primary entry or entries on Ash Street except for properties that are abutting Portage Avenue, Lambert Avenue or Acacia Avenue. Frontage! Setback Maximum 5 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape / Furniture Western Edge: n/a Zone Eastern Edge: 4 Feet Bicycle Facility Bicycle Boulevard: 10 Feet Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction I , i } western edge eastern edge Char T Tarn shred 3.Sbrck Walkway Bad Seead Lena Bb Pet 3.tbnt{' 5 b' slx 5' IT 5' 1 I � I ri I i I Figure 63 Typical Ash Street section between Page Mill Road and Olive Avenue gl gi I wl rr western edge eastern aaer Trae are, Setba<Walkway Shored Lone Shared Lane Bed Walkway Setback 5 n 10 10 v B J 5 i � Ill �Ay a I Figure 64 T ical Ash Street section between Acacia Avenue and Lambert Avenue 84 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 136 85 p Packet Pg. 511 of 692 Item 11 Attachment G: Final Draft NVCAP Acacia Avenue Acacia Avenue is an east -west street, primarily serving as service street for the Plan Area. The street extends from El Camino Real to Ash Street, at which point it becomes a private driveway for the 340 Portage site. The street design for the segment between Ash Street and El Camino Real consists of bi-directional pedestrian sidewalks along with two-way vehicle lanes. On -street parking is maintained on the southern edge of the street. Standards: 4.4.5 Street Design Between Ash Street and El Camino Real Table 10 Acacia Avenue Street Design Building Entries New development shall provide a primary entry or entries on Acacia Avenue except for properties that are abutting El Camino Real or Park Boulevard. Frontage / Setback Maximum 5 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: 4 Feet Zone Southern Edge: n/a Bicycle Facility n/a Parking / Loading Southern Edge: 1 Lane of On - Street Parking Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction northern Setbadi Walkway Bed Drive Lane Drive Lane Parking Walkway'Setback _5' 7 8 4' 10 10 8' 48' � I I#.Hi Figure 65 Typical Acacia Avenue Section 86 North Ventura Coordinated Area Plan 87 Item 11: Staff Report Pg. 137 1 Packet Pg. 512 of 692 Item 11 Attachment G: Final Draft NVCAP Pepper Avenue Pepper Avenue is a slow residential street, extending from El Camino Real to Ash Street. The street design supports existing residents with wide, tree -lined sidewalks and two-way traffic lanes. On -street parking is maintained on either side. Standards: 4.4.6 Street Design Between Ash Street and El Camino Real Table 11 Pepper Avenue Street Design Building Entries New development shall provide a primary entry or entries on Pepper Avenue except for properties that are abutting Ash Street. Frontage / Setback Maximum 10 Feet from Property Line Pedestrian Clear Zone 5 Feet Landscape / Furniture Northern Edge: 4.5 Feet Zone Southern Edge: 4.5 Feet Bicycle Facility n/a Parking/ Loading 2 Lanes of On -Street Parking Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction northern �II-�Clear Tree On -Street On -Street Tree dent Setback Walkway bed Parking Drive Lane Drive Lane Parking BedWalkway Setback 125' 1 55' 12.5' Figure 66 Typical Pepper Avenue Section rern edge 88 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 138 89 p Packet Pg. 513 of 692 Portage Avenue Portage Avenue is a priority east -west bicycle and pedestrian street which becomes a critical citywide link from Park Boulevard connecting the California Avenue Caltrain and Business District to the existing bicycle infrastructure on Hansen Way to the Stanford Research Park. Portage Avenue has two distinct street designs: Between Park Boulevard and Ash Street is the Portage Avenue woonerf, 'the front door' for the public park and the Cannery building. The woonerf, which will be a publicly accessible private street is an integrated, curbless street, shared by pedestrians, bicyclists, and low - speed vehicles. The street incorporates outdoor furnishings such as trees, planters, green stormwater infrastructure and seating to ensure this space fosters community gatherings, events, retail, and other flexible uses. The city may consider a shared -use path on Portage Avenue. ,y 4F sidewalks with a wide furnishing zone on the northern edge of the street. Two-way traffic lanes are retained with on -street parking on the southern edge of the street. Due to the low traffic volumes and speeds, this segment of Portage is designated as a bicycle boulevard, where cyclists share the road with vehicles. Between Ash Street and El Camino Real, Portage Avenue takes on a more typical street configuration. The street design includes two Standards: 4.4.7 Street Design Table 12 Portage Avenue Street Design 0 Between Park Boulevard and Ash Street Between Ash Street and El Camino Real Building Entries New development shall provide Building Entries New development shall provide a a primary entry or entries on primary entry or entries on Olive Portage Avenue except for Avenue except for properties that properties that are abutting Park are abutting El Camino Real. Boulevard. Frontage / Setback Maximum 5 Feet from Property Frontage/ Setback Northern Edge: Maximum 5 Feet Line from Property Line Southern Edge: n/a Pedestrian Clear Zone 8 Feet Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: 15 Feet Zone Southern Edge: n/a Landscape/ Furniture Northern Edge: 15 Feet Zone Southern Edge: 8 Feet Bicycle Facility Bicycle Boulevard 10 Feet Bicycle Facility Bicycle Boulevard 10 Feet Parking / Loading Southern Edge: 1 Lane of On - Street Parking Vehicle Travel Lanes 10 Feet Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction n Item 11 si Attachment G: Final Draft NVCAP WI i I I Clear Tree Bed/ Street Life/ Clear Setback Walkway Outdoor rooms Shared Lane Shared Lane Flower beds Walkway 8 15' 10' la' 8' 59' I I Figure 67 Typical Portage Avenue section between Park Boulevard and Ash Street 90 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 139 1 Tree Bed Shared Lane Shared Lane Parking Walkway Setback 15' 10' 10' 8 a 6' 59' 91 Guidelines: 4.4.8 Streetscape Elements Streetscape elements of the Portage Avenue woonerf include: • A row of street trees on either side of the main travel way to designate pedestrian priority areas adjacent to building frontages • Signage emphasizing the presence of pedestrians and bicyclists • Textured or permeable pavement designed to slow vehicle speeds and provide stormwater management benefits • Pedestrian -scale lighting • Seating areas • Landscaping and green stormwater infrastructure • Design elements that highlight the community's vision or character • Public art that will enhance the pedestrian experience and reflect the community's unique character. Figure 69 Streetscape elements like double row of trees, textured pavement, pedestrian scale lighting, and 92 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 140 93 p Packet Pg. 515 of 692 Item 11 Attachment G: Final Draft NVCAP Lambert Avenue Lambert Avenue is the southern edge of the plan area. Lambert Avenue is improved on the northern half of the existing street to enhance the pedestrian experience along the edge of the NVCAP site boundary. The existing vehicular travel lane is narrowed, and on -street parking is eliminated to make space for a wider pedestrian thoroughfare and generous furnishing zone for enhanced bio-retention area and dense canopy trees. Standards: 4.4.9 Street Design Table 13 Lambert Avenue Sidewalk Zone Design 0 Between Park Boulevard and El Camino Real Building Entries New development shall provide a primary entry or entries on Lambert Avenue except for properties that are abutting Park Boulevard or El Camino Real. Frontage / Setback Northern Edge: Maximum 5 Feet Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: Zone 9.5 Feet Vehicle Travel Lanes Westbound Lane 10 Feet 1 clear Setback Walkway Tree Bad Drive Lana 5' 8 9.5' 10 27,5 Figure 70 Typical Lambert Avenue Sidewalk Zone Section El Camino Real El Camino Real is a regional arterial street as well as the western edge of the plan area. El Camino Real is improved on the eastern half of the existing street. New development is required to setback by 5 feet in order to provide a wider pedestrian sidewalk and furnishing zone to support a more comfortable pedestrian experience. The configuration of the roadway will be determined in coordination with Caltrans independently of the NVCAP. Standards: 4.4.10 Street Design Table 14 El Camino Real Sidewalk Zone Design 0 Between Page Mill Road and Lambert Avenue Building Entries New development shall provide a primary entry or entries on El Camino Real. Frontage / Setback 0 -10 feet to create an 8- 12 -foot effective sidewalk width Pedestrian Clear Zone Eastern Edge: 8 Feet Landscape / Furniture Eastern Edge: 4 Feet Zone s clegr Tree wears Walkway Bed See ej 4 cede 12' 18.16.060 I I I' Figure 71 Typical El Camino Real Sidewalk Zone Section 94 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 141 95 p Packet Pg. 516 of 692 Item 11 Attachment G: Final Draft NVCAP Page Mill Road Page Mill Road is one of arterial streets in the City z. as well as the northern edge of the plan area. Page Mill Road is improved on the southern half of the existing street to enhance the pedestrian experience along the edge of the NVCAP Plan -. Area boundary. New development will provide e^' a wider pedestrian sidewalk and furnishing zone to support a more comfortable pedestrian experience. In order to provide a consistent width, the setback for new development will vary based on existing site conditions. The configuration of the roadway will be determined in coordination with Santa Clara County. Standards: B 4.4.11 Street Design Between Park Boulevard and El Camino Real Table 15 Page Mill Road Sidewalk Zone Design This page is intentionally left blank Building Entries New development shall provide a L primary entry or entries on Page / Mill road except for properties that are abutting Park Boulevard or El Camino Real. Frontage! Setback 0 -10 feet to create an 8- 12 -foot effective sidewalk width Pedestrian Clear Zone Southern Edge: 8 Feet iree clear Bed WA —Y, Set6ock 4. B I S 12 Landscape / Furniture Southern Edge: 4 Feet Zone qqq i I I V ! . Figure 72 Typical Page Mill Road Sidewalk Zone Section 96 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 142 97 p Packet Pg. 517 of 692 Item 11 Attachment G: Final Draft NVCAP Publicly Accessible Private Connections New publicly accessible connections on private property are intended to support greater porosity and walkability throughout the Plan Area. These connections can break up large'super-blocks' and provide alternative routes for residents to move through the Plan Area. These connections include mid -block paseos in between the Cannery building, pedestrian pathways within the rear setback of new development along El Camino Real, and pedestrian pathways through the 395 Page Mill property. Guidelines: 4.10.1 Street Design Table 16 Mid -Block Paseo Design Mid -Block Paseo Building Entries New development shall provide a secondary entry or entries on mid -block paseos. Pedestrian Clear Zone Shared Use Path: 20 Feet Landscape / Furniture 3 Feet Zone Vehicle Travel Lanes 26 Feet Emergency Vehicle Access Table 17 Rear Setback Pathway Design Rear Setback Pathway Building Entries New development shall provide a secondary entry or entries on real setback pathways. Frontage / Setback Rear Setback: Minimum 22 Feet Pedestrian Clear Zone Shared Use Path: 20 Feet Landscape / Furniture Rear Green Buffer :10 Feet Zone 1 Planter Planter Bed Shared Path Bed 3' 20' 3' 26 Figure 73 Typical mid -block connection section ai Shared Path Green Setback 16, 10. 22 Figure 74 Typical rear setback connection section 98 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 143 99 p Packet Pg. 518 of 692 Item 11 Attachment G: Final Draft NVCAP Transit Access The North Ventura neighborhood offers diverse transit options, including two bus stops located at El Camino Real/Portage Avenue and Page Mill Road/El Camino Real. Additionally, residents within a 15 -minute walking distance can access services from four transit operators, including VTA, AC Transit, Caltrain, and Stanford Marguerite. Future plans prioritize designing user-friendly, accessible, and safe routes to enhance transit accessibility within the neighborhood. Standards: 4.5.1 Bus Stop Amenities Bus stops shall be designed in accordance with agency -wide standards established by VTA and AC Transit, incorporating the latest industry best practices. Coordination with the appropriate agency is required. In accordance with AC Transit's Multimodal Corridor Guidelines and VTA's Better Bus Stop Program, the contextually appropriate bus stop enhancements and amenities include: • Bus shelters protecting riders from the elements • Energy -efficient lighting to ensure visibility and enhance safety • Comfortable seating • Digital signage with real-time information informing riders of available service • Posted information with route information and service schedules, available in English, Spanish, and other locally prevalent languages as well as braille placards • Audio capabilities to communicate real-time information to hearing -impaired riders Guidelines: 4.5.2 Wayfinding Signage Wayfinding signage throughout the North Ventura neighborhood should clearly and concisely display major designation and their distances, available transit services and other available transportation options. The signage should be designed to be clear, easy to understand, and visually appealing, as well as reflective of a unique North Ventural neighborhood aesthetic, potentially incorporation landmark desgination. 4.5.2 Mobility Hub The North Ventura mobility hub should be located along Portage Avenue between El Camino Real and the intersection of Portage Avenue and Ash Street. The mobility hub will serve as a central location within the plan area, providing access to various sustainable transportation options and promoting mode shift away from single -occupancy vehicles. The mobility hub should be designed in coordination with transit operators like AC Transit and VTA to integrate their services and ensure a seamless user experience. It will be designed in accordance with the MTC's Mobility Hub Implementation Playbook and the City's design guidelines, which includes: • Sustainable access and mobility to encourage mode shift. Proposed amenities include: • Transit shelters and waiting areas • Bicycle parking facilities • Shared mobility (bike share, scooter share, etc.) access points • Electric vehicle (EV) charging infrastructure • Designated parking for car share services Additional improvements relating to information access can also improve the customer experience. The proposed amenities should be considered to improve information access: • Real-time travel information signage and interactive displays • Area maps and bulletins promoting local amenities and events • Monitoring systems to measure ridership, mobility, security, and public life metrics • Digital and physical wayfinding tools 100 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 144 Packet Pg. 519 of 692 101 Item 11 Attachment G: Final Draft NVCAP Vehicular Guidelines: 4.6.5 Traffic Calming Circulation and As a traffic calming measures, the following strategies are recomended: Parking The North Ventura Mobility Framework aims to create a vibrant and sustainable neighborhood by prioritizing local traffic circulation, discouraging cut -through traffic, and providing diverse and efficient parking solutions. This framework balances the needs of residents, businesses, and visitors through a combination of street design strategies, parking regulations, and innovative solutions like woonerfs and private access aisles. Standards: 4.6.1 One -Way Street Ash Street from Page Mill Road to Olive Avenue shall be one-way southbound to help prevent northbound traffic on El Camino Real from using the neighborhood as a cut -through to travel eastbound on Page Mill Road. 4.6.2 Minimum Parking No minimum parking requirements shall be established for the plan area in accordance with California Assembly Bill 2097 (AB 2097). 4.6.3 Surface Parking No more than 10 percent of new surface parking shall be allowed within the plan area. Where new buildings are not proposed, existing surface parking spaces can remain to support remaining commercial offices. 4.6.4 Street Parking No new street parking shall be constructed along new developments. In addition, street parking shall be restricted near intersections to ensure safe turning movements for large vehicles and emergency vehicles. Street parking shall be maintained in front of single-family homes on Pepper Avenue and Olive Avenue. • Olive and Lambert Avenues: speed humps and raised crosswalks to maintain low vehicle speeds • Pepper Avenue: A chicane, which is an offset curve to the road • Portage Avenue woonerf: Vehicle entrances should be only wide enough to accommodate one vehicle at a time. Trees or landscaping is recommended to create this bottleneck to restrict the flow of vehicles. 4.6.6 Vehicles on Woonerf Vehicular traffic on the woonerf on Portage Avenue should be permitted but discouraged. Acacia Avenue from Ash Street to Park Boulevard will be a private aisle for accessing residential frontage on Acacia Avenue for parking and unloading. 4.6.7 Short -Term Parking Short-term parking to support new ground -floor retail and active uses in new developments should be located on the ground or basement levels of these developments. 4.6.8 Parking Management Strategies In addition, the following parking management strategies could be implemented to mitigate parking impacts: • Parking time limits • Unbundled Parking • Shared parking locations • Carshare memberships and designated parking spots 4.6.9 Driveways Driveways should be located along side -streets and/or consolidated wherever possible and as redevelopment occurs to minimize conflicts with bicyclists and pedestrians Transportation Demand Management TDM strategies can be effective at encouraging fewer trips made by single -occupancy vehicles (SOV). An effective TDM plan ensures that alternative modes of transportation, such as walking, bicycling, public transit, or other forms of shared mobility, are made available to site occupants and nearby community members. While reducing SOV trips is a key goal, TDM enhancements offer additional benefits like environmental improvements, safer streets, and a more enjoyable public realm. Beyond local planning alignment, regulations like BAAQMD Rule 1 and SB 743 mandate TDM plans for specific developments. NVCAP's TDM plan should comply with the City's VMT regulations and program recommendations, and utilize standard metrics like those from the California Air Pollution Control Officers Association (CAPCOA) for evaluation and VMT calculations. Standards: 4.7.1 VMT Reduction All employers and major residential developments within the plan area shall achieve a 30 percent minimum reduction below ITE rates in peak hour motor vehicle trips, using the Example TDM Strategies Menu in Table 21. 4.72 Palo Alto Transportation Management Association All employers and major residential developments within the plan area shall be members of the Palo Alto Transportation Management Association (PATMA). 102 North Ventura Coordinated Area Plan 103 Item 11: Staff Report Pg. 145 • ] Packet Pg. 520 of 692 Item 11 Attachment G: Final Draft NVCAP Table 18 Example TDM Strategies Menu Active Transportation Transportation Program Coordination Shared bike or scooter service Conventional or electric, Third party operators Membership in the Palo Alto Joining the PATMA can provide Developer and/or tenants docked or dockless bikes and Transportation Management developers, major employers, (employers, residential) scooters can increase first-/ City staff to determine Association (PATMA) or residential tenants with last -mile connections and offer regulations, applicable geo access to transportation alternative transportation fencing resources available for community members. The Bicycle support facilities Supportive facilities such Developer PATMA also works closely with as short -/long-term bicycle the City to offer events and parking, showers, and Major employers or residential other relevant programming. lockers that increase active tenants ._................_..._..._..._.................................._...... transportation trips Carpool resources Resources for organizing Developer and/or tenants neighborhood carpools to (employers, residential)* Shared Mobility ......_..._................_..._................_..._................!...._..._..._..._....................._..._..._................_..._!.._..._..........._..._..._..........._..._..._..........._..._..... nearby major activity centers Car share For people who do not own Third party operators Active transportation Resources such as bike/ Developer and/or tenants cars, car share can offer vehicle incentives scooter share coupons, or (employers, residential)* access without significantly bicycle purchase subsidies increasing GHG emissions and City staff to determine can encourage active necessary parking. regulations ...._......................................._...............................:................._..............---................................-!------..........................................--............... transportation Shared mobility incentives Resources such as rideshare Developer and/or tenants Vehicles can be provided to discounts, carshare discounts, (employers, residential)* tenants of certain buildings, or free or subsidized transit passes through designated parking can decrease trips made by a spaces such as dedicated single occupancy vehicle on- street spots noted with Promotional materials on Resources advertising Developer and/or tenants signage. transportation offerings alternative modes of (employers, residential)* .......................................................... Shuttle service and new ... With increased residential .............................................................................. Stanford shuttle operator (flyers, emails, websites, etc.) transportation can raise stops and employment density, .. .. awareness to people who additional shuttle stops may Bulletin boards or kiosks primarily rely on their car be necessary. Major employers displaying transportation or residential developments City shuttle operator alternatives in the area may also operate shuttle service that would serve Participation in City- Encouraging major employers, Developer and/or tenants the neighborhood. Major employers or residential wide events encouraging residential developments, (employers, residential)* tenants offering shuttles alternative modes of and community members to The upcoming City on- transportation participate in City-wide events, demand shuttle service may such as the annual Bike to also necessitate additional Wherever Day, can expose designated stops. people to alternative modes of transportation Parking Electric vehicle charging Encourage electric vehicle Developer facilities usage to decrease GHG *If responsible entities decides emissions by providing to join, PATMA can be a facility/ ._.__.__.__._..._.__.!._.__.__._..._.__.__.__.__.__._.__._..._.__._..._..!_..._..._.__._..._...._-___ necessary charging facilities resource provider. 104 North Ventura Coordinated Area Plan 105 P 521 f 6 g. o 92 Item 11: Staff Report Pg. 146 pPacket Item 11 Attachment G: Final Draft NVCAP Parks and Open Space 5.1 Public Park 5.2 Matadero Creek NVCAP's ecological framwork takes direct input from the community and working group who advocated for the need for more reacreational space for residents in the community and places to be outdoors and gather. In addition, the ecological framework takes inspiration from the City's Sustanability and Climate Action Plan, identifying opportunities for renewal, restoration, carbon sequestration, and growth of the natural environment. The future streets, parks, natural areas, and buildings will restore and enhance habitat and pollinator pathways, and provide flood protection and stormwater management, cleaner air and cleaner water, and healthier habitats for current and future generations. In addition, the future parks and natural areas will provide much needed recreational and outdoor space where the community can gather. The Ecological Framework includes the following: • Public Park • Matadero Creek Item 11: Staff Report Pg. 147 1 Packet Pg. 522 of 692 Public Park Located in the southeast corner of the plan 5.1.3 Park Gateways area, approximately two acres of public open The park could accommodate five points of entry space is proposed. The proposed naturalization to connect with the pedestrian and bike mobility of Matadero Creek between Park Boulevard network around the park. The character of these and Lambert Avenue will serve as the gateways to the park is further outlined in Figure organizing framework for the park's design and 71 neighborhood destination, inviting Palo Alto residents, employees, and visitors to enjoy access to recreational activities, habitat, and inclusive 5.1.4 Utilities community programming. Bounded by the proposed Portage Avenue woonerf and Park Electrical service, potable water, and sewer Boulevard, the proposed public park is seamlessly supply should be provided to accommodate integrated into the adopted citywide Pedestrian varied events such as movie nights, festivals to and Bicycle Plan. The design of the proposed serve small park structures; and along the park Portage Avenue woonerf supports a natural trails and the Picnic Area. extension of the park, directly connecting to the Cannery Building. 5.1.5 Design Approval Once the park becomes a project, the design of the park would be subject to the typical City Standards: review process including review by the Parks and Recreation Commission. 5.1.1 Park Acreage and Dimensions An approximately two acre public park is proposed in the plan. The details of the public park and open space will be fully developed in the future when it becomes a project, with a public process. The concept of the public park is included in the plan and is generally described in Figure 71. 5.1.2 Circulation All multi -use paths should form a continuous path connecting all points of entry as illustrated in Figure 71. Programmed spaces should connect to the plan area mobility network via multi -use paths. The multi -use paths network would create a safe connection across Lambert Street to Boulware Park. The minimum width of the multi -use path will be 12 feet. 3. ti Item 11 Attachment G: Final Draft NVCAP :: l+ 11 a p�Re ACTIVE ZONES f t , 2 t F+' OBSERVATION DECK 1J COMMUNITY GARDENS A MULTI -USE ��- - - OPEN SPACE 5- '1S44/ „ SAFE CONNECTION l�% / TO BOULWARE PARK Figure 75 Conceptual Plan of Location of Park Gateways and Circulation Paths Legend < > Access to park Park Gateways 106 North Ventura Coordinated Area Plan Viewing shed Item 11: Staff Report Pg. 148 Packet Pg. 523 of 692 107 Item 11 Attachment G: Final Draft NVCAP Guidelines: 5.1.6 Programming Active Park programming may include but is not limited to a dog park, outdoor fitness area, natural habitat area, community garden, or amphitheater. In addition to active programming, park design should accommodate passive uses such as reading and picnicking. When siting park elements, consider types of activity, periods of use or vacancy, availability of sun or shade, and the differing needs of a diverse range of visitors such as small children, adult athletes, and dog owners. The park should include amenities to support the commercial environment on Portage Avenue such as flexible seating areas, social gathering spaces, play spaces, and public art. Surrounded by development on more than one side, the program elements should be designed to be protected from wind and down -drafts from buildings with strategic tree planting and thoughtful siting of passive programming. 5.1.7 Native Plantings Where possible, pollinator friendly native plants should be incorporated. Refer to Valley Water's Guidelines & Standards for Land Use Near Streams Chapter 4 (Design Guides for Guidelines and Standards) for the placement of native plants along the creek. Figure 76 An example of passive park programming Figure 77 An example of active park programming 108 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 149 109 p Packet Pg. 524 of 692 Matadero Creek The Plan envisions the full naturalization of Matadero Creek between Park Boulevard and Lambert Avenue. The flood channel is widened to a maximum of 100 feet riparian corridor serving maximum geomorphic form and ecological function. Leading with resilience in mind, the design offers the creek the capability to convey 100 -year flood events. The full details of the renaturalization of the creek will be developed in the future when it becomes a project. Appropriate City review process, including a public process and coordination with applicable agencies will be required. Standards: 5.2.1 Creek Buffer The creek section between Park Boulevard and Lambert Avenue is buffered by a 100 -foot riparian corridor, at maximum. To determine the defined parameters for the buffer floodwalls, further City coordination is required. 5.2.2 Coordination Coordination with Santa Clara Valley Water District shall be required to ensure the renaturalization of the creek implement adequate measures and standards to reduce impact to the existing channel. 5.2.3 Circulation The riparian corridor shall maintain public access on both sides of the creek front and be designed to embrace the Matadero creek as a central feature. Lambert Avenue bridge is recommended to be replaced with a new bridge spanning 100 feet. The recommended location shown in Figure 74 will connect Portage Avenue and Lambert Avenue. 5.2.4 Wind Protection As the riparian corridor is 10 feet lower than the surrounding terrain, it should be designed to be protected from wind and down -drafts from surrounding areas with strategic tree planting and thoughtful design of the shared trail routes. 5.2.5 Ecology Impervious surfaces shall be discouraged in the 100 foot buffer as per Figure 74. Plant selections shall reinforce the native and surrounding ecology and promote habitat development. Item 11 Attachment G: Final Draft NVCAP , GRADEDROP O�LE�'9RDl J / /,... 1. t 'I 100 FEET RIPARIAN 7 . CORRIDOR � ZP M l7 -..-.. -S. !'\\4 / PUBLIC ACCESS ALONG CREEK 1 I' NO IMPERVIOUS SURFACES [L I IN 100 FEET BUFFER \1 ' mZ NATURALIZED CREEK Figure 78 Conceptual Plan of the Matadero Creek buffer, circulation, and gateways Legend <--> Shared Path Riparian Corridor Gateways Riparian Corridor Buffer Boundary 1 110 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 150 111 P Packet Pg. 525 of 692 Item 11 Attachment G: Final Draft NVCAP 5.2.6 Gateways 5.2.7 Floodwalls or Retaining Walls Gateways to the corridor shall be recommended Concrete floodwalls or retaining walls shall be at the following key intersections. See Figure 74. designed to allow for vegetation to the extent feasible. Sloped walks, terraces, stairs, or ramps for bicycle and pedestrian circulation shall be a key feature at these gateways, integrated with the flood 5.2.8 Utilities wall designed to connect across the 10 feet Electrical service and potable water shall be grade change between the public park and the provided along the trails. Matadero creek riparian corridor. This will ensure that pedestrians and bicyclists can access both the park and the riparian trail. Gateway access to multi -use paths should be designed to be ADA accessible to traverse the 10 feet grade change from the public park to the creek. Guidelines: 5.2.9 Public Art Gateways, bridge, and other park amenities may integrate public art/structures to indicate major entry points, when appropriate. 5.2.10 The Matadero Creek Bridge Observation areas should be integrated with the design of the new bridge. Educational placards should inform the public on the re -naturalization of Matadero Creek. Figure 79 The Matadero Creek Channel is currently a constrained concrete trapezoidal channel. Figure 80 A naturalized creek has the opportunity to provide multi -use trails and habitat areas. 112 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 151 p Packet Pg. 526 of 692 113 Item 11 Attachment G: Final Draft NVCAP Site and Building Design 6.1 Building Heights and Massing 6.2 Retail and Active Frontage 6.3 Portage Avenue Frontage 6.4 Residential Frontage 6.5 Sustainable Design NVCAP's urban form framework champions the design of buildings that are respectful neighbors, human -scaled, and embrace the street. New development will respond to the surrounding context such as building up to El Camino Real while creating a gentle transition to quieter residential portions of the neighborhood. This chapter provides guidance on the desired future built form and sets aspirations for how new buildings will contribute to the character of the NVCAP as it continues to be developed incrementally over time. The key factors that contribute to good building architecture: building mass and bulk appearance; pedestrian - friendly design of the ground level, and visual interest created by architectural articulation, the materiality of the building, and sustainable design. The standards and guidelines have been organized to address these key elements under the following headings: • Building Heights and Massing • Building Frontages • Sustainable Design 114 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 152 115 P Packet Pg. 527 of 692 Item 11 Attachment G: Final Draft NVCAP Building Heights and Massing Building form and massing have a crucial role in forming NVCAP's built environment as a framework for a comfortable and exciting public realm. Massing strategies reflected in NVCAP's architecture make associated building uses more legible and well -organized. Massing regulations such as allowable building heights and stepbacks will support the gradual transition from taller buildings along El Camino Real to quieter, residential parts of the neighborhood. Standards: 6.1.1 Building Heights All new development shall conform to Figure 78 for maximum allowable building heights. 6.1.2 Affordable Housing Height Bonus Through the City's Housing Incentive Program or the State Density Bonus, 100% below market rate projects shall be eligible for additional bonus height (up to 33 feet). 6.1.3 Stepdown to Single -Family Residential Based on the development standards of a adjacent zoning district, new development shall stepdown to existing single family residential. Refer to the Palo Alto Municipal Code, as setback and stepback requirements on side or rear lot lines shall vary based on zoning. Daylight plane height and slope shall be identical to those of the most restrictive residential zoning district abutting the lot line. 6.1.4 Utilities Overhead public utilities shall be undergrounded for buildings with roof edge heights over 27 feet tall. Guidelines: 6.1.5 Cannery Building Roof Datum Any adaptive re -use projects directly adjacent to the Cannery may be allowed to match the structure's 36 foot roof datum. The consideration of this additional 12 inches of height above what is permitted will be part of the development project's discretionary review. t Q hew buliding is more than 20taller than abutting building \\ Interior setback area • • - Daylight Plane Properly Line © No -build area Proposed building O InItial Height 25' ® Adjacent property O Angle:45' Figure 81 An example of a daylight plane requirement for mixed -use development stepping down to single family residential neighborhoods. Figure 82 Allowable Height Map I 116 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 153 117 p Packet Pg. 528 of 692 6.2 Item 11 Attachment G: Final Draft NVCAP Retail and Active Use Frontage Ground floor retail and other active uses enliven and activate streetscapes, enhancing the public interface between new buildings and the sidewalk. Within the Plan Area, the highest concentration of retail and active uses are located along El Camino Real. These ground floor spaces are designed to accommodate a wide variety of commercial spaces including local shops, cafes, maker spaces, co -working spaces, and professional services. Active uses are listed on page 40 of Section 2.3 (Ground Floor Edges). Standards: 6.2.1 El Camino Real Active Frontage Ground floor active uses shall be required along all new development fronting El Camino Real. Refer to Section 2.3 for a map of ground floor edges. 6.2.2 Ground Floor Retail Height Ground floor retail floor to ceiling height shall be a minimum of 14 feet. 6.2.3 Objective Standards For Corner Conditions, Primary Entries, Facade Design, and Transparency, new development shall adhere to Palo Alto Municipal Code, Chapter 18.24 Contextual Design Criteria and Objective Design Standards. Figure 83 Retail ground floors provides adequate floor to ceiling heights, transparency, and signage. Guidelines: 6.2.4 Park Boulevard Ground floor active uses should be encouraged for new development fronting Park Boulevard. 6.2.5 Storefront Frontages Storefronts should create a fine grain of variety along each street frontage, expressing the unique identity of each tenant. Where active uses or retail frontages are required or located, the following design standards shall apply: • Exterior windows on the ground floor shall use transparent glazing to the extent feasible. Low -e glass or minimal tinting to achieve sun control is permitted, provided the glazing appears transparent when viewed from the ground level. • Window coverings are not permitted on the ground floor during typical business hours. Where operations preclude transparency (e.g., theaters) or where privacy requires window coverings, sidewalk -facing frontage shall include items of visual interest including displays of merchandise or artwork; visual access shall be provided to a minimum interior depth of 3 feet. 6.1.5 Outdoor Rooms Outdoor rooms notched into the ground floor should be lined with active retail uses and have ample space for spillover for outdoor dining, murals, and retail displays. Figure 84 Ground floors can create notches of outdoor rooms to allow for lively spillover of retail. Figure 85 Active ground floors provide openness, transparency and a connection to the street. 118 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 154 I Packet Pg. 529 of 692 119 Item 11 Attachment G: Final Draft NVCAP Portage Avenue Frontage Portage Avenue is a designated focal point for the plan area due to its adjacency to the historic Cannery building, new park, and the planned woonerf. The Portage Avenue park frontage zone will be designed as a vibrant, human -scaled pedestrian environment. Active programming throughout this area will enliven both the woonerf and the adjacent public park. Businesses along this frontage are ideal candidates for outdoor dining spaces, creating a lively backdrop for park activities. Standards: 6.3.1 Ground Floor Entries Entries shall be flush at sidewalk grade and shall have a minimum of four (4) active doorways per 200 linear feet. Guidelines: 6.3.2 Balconies and Terraces The inclusion of balconies and terraces should be encouraged along the streetwall above the ground floor in the park frontage zone to take advantage of views of the public park and to allow greater programmatic and visual connection between uses in the buildings and the park. 6.3.2 Respect the Cannery Development along Portage Avenue adjacent to the Cannery should emulate the Cannery, taking cues from the materiality and fenestration, and roof datum. Figure 86 Ground floors treatments can emulate the materiality, fenestration, and roof datum of historic structures. Residential Frontage The residential ground floor level is characterized by the lower intensity of activity, generally fronting onto streets that are quieter in character, and serves to foster neighborhood connection. Individual residential entries and stoops are an effective way to activate the street and create greater opportunities for social interaction. At the same time, they should provide a sense of privacy and comfortable social distance from the sidewalk. Standards: The following standards are in accordance with Palo Alto Municipal Code Section 18.24.020 (Contextual Design Criteria and Objective Design Standards): 6.4.1 Ground Floor Entries Entries must be raised above sidewalk grade based on the setback condition from the property line. Ground floor residential units shall have entries with direct, individual access onto a public right of way, open space, or easement. Guidelines: 6.4.2 Stoops Residential units should provide a stoop to create a social distance from the street; home office units are not required to have stoops and may be entered at grade. The design of stoops should balance the need to create privacy for the unit occupant and allow visual connection with the street. Areas between stoops should be planted and can bean opportunity to integrate Green Stormwater Infrastructure. Figure 87 Ground floor residential stoops can provide privacy for residents and neighborhood beautification and Green Stormwater Infrastructure. 120 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 155 1 Packet Pg. 530 of 692 121 6.5 Item 11 Attachment G: Final Draft NVCAP Sustainable Design Palo Alto has long been a leader in sustainability, making impressive progress towards reducing its carbon impacts, greenhouse gas (GHG) emissions, and resource consumption. In October 2022, Palo Alto City Council passed an ambitious carbon neutrality by 2030 goal, building on the City's existing goal of cutting emissions 80% below 1990 levels by 2030. The following standards and guidelines are intended to support the City's larger climate action goals to ensure a sustainable and resilient future. Standards: 6.5.1 California Green Building (CALGREEN) Standards Code New development shall adhere to Chapter 16.14 California Green Building Standards Code. As stated in the code, all newly constructed residential buildings must meet CALGREEN Tier 2 requirements. 6.5.2 Bird -Safe Glass Design All new mixed -use development that has facades exceeding 30 percent glazing shall utilize bird - safe design strategies. Applicants shall choose from the following materials list: A. Fritted Glass - Ceramic dots or'frits' can be silk-screened, printed, or otherwise applied to the glass surface. This design element, useful primarily for new construction, can also improve solar heat gain control and reduce glare. B. Etched Glass - Glass etching on the surface of the glass can be achieved through acidic, caustic, or abrasive substances. The etched markers should be on the outside surface. C. Permanent Stencils or Frosting - Frosted glass is created by acid etching or sandblasting transparent glass. Frosted areas are translucent, but different finishes are available with different levels of light transmission. An entire surface can be frosted, or frosted patterns can be applied. D. Exterior Apparatus - Fixed exterior screens, grilles, netting, louvers, fins or mullions can effectively reduce visible reflections, provide insulation from strike impact, reduce solar heat gain, reduce glare and provide weather protection. E. UV Coated Glass - Some birds can see into the ultraviolet (UV) spectrum of light, a range largely invisible to humans. UV -reflective and/ or absorbing patterns (transparent to humans but visible to birds) are frequently suggested as a solution for many bird collision problems. This approach is not appropriate for situations where the glazing is back lit. The City is in the process of developing the Citywide bird -safe design standards. Once adopted, the Citywide standards shall supersede the standards outlined in 6.5.2. Guidelines: 6.5.3 Minimize Heat Gain Building facades should be designed to balance solar access with the need to control heat gain. This could include the following: • Shade windows with architectural features that add visual interest by creating textural variations. • Architectural elements that should be used on south -facing facades. • Fixed shading features, which are designed with a range of projection and spacing dimensions that minimize heat gain and composed with visually pleasing rhythms to avoid monotonous building facades. • Perforated horizontal overhang • Awnings that are well integrated with the overall building facade, especially for retail on the ground floor. • Sliding and folding perforated panels/shutters that double as privacy screens for outdoor private spaces such as balconies and terraces overlooking El Camino Real. • Trellis, Vegetation on windows and green walls allow for minimizing heat gain while additionally bolstering the overall concept of ecological design. • Shrubs and tree shade wherever possible should augment facade design to minimize heat gain. • Use of low -solar -transmittance glazing to reduce solar gain. • Reflective and Light-colored outer surfaces can minimally address heat gain but should be employed in combination with the other facade and roof treatments. 6.5.4 Bird -Safe Building Design For all new mixed -used development, whenever feasible, encourage implementing LEED standards on bird collsion deterrance from the U.S. Green Building Council to reduce bird collision and mortality. • Use window treatments to reduce solar gain. 122 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 156 123 P Packet Pg. 531 of 692 6.5 Item 11 Attachment G: Final Draft NVCAP 6.5.5 Daylighting and Natural Ventilation Buildings should be designed to maximize the use of daylighting for all inhabited interior spaces to provide a high -quality indoor environment, reduce overall energy consumption and reduce exposure to artificial lighting which can negatively impact human health. Buildings that allow for natural ventilation reduce energy consumption for heating and cooling and provide a higher -quality indoor environment. Projects should optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows. 6.5.6 Roofs Where building roofs are free of solar panels or other sustainability infrastructure, they should be designed to include systems such as vegetated roof covers, plants, green stormwater infrastructure, and roofing materials with high albedo surfaces to reduce heat island effect and slow rainwater runoff. Building roofs should be designed to create usable recreational spaces. Rooftop shading structures mounted with solar panels can maximize the effective use of roof area. Pockets of green roof can help furnish these recreational spaces, and resist heat gain while also serving the concept of ecological design. Figure 88 Building roofs can be multi -purpose including providing additional outdoor space for residents. 6.5.7 Renewable Energy Buildings should provide "solar ready" infrastructure such as solar panel standoffs, conduit, and roof water spigots that minimize the cost and effort of adding solar capacity later, as per the California Green Building Standards Code. 6.5.8 Visibility New development should incorporate elements like green roofs, shading devices or photovoltaic panels into the fabric of the building to highlight building's energy saving features. New development should include interpretive signage explaining the sustainable building features of the building to promote sustainability and to educate visitors and occupants how their behavior can make an impact on overall building performance. Figure 89 Visible elements of sustainability can include design features such as celebrating secure bike parking. 124 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 157 1 Packet Pg. 532 of 692 125 Implementation 7.1 Development Standards 7.2 Review Process 7.3 Implementation Actions 7.4 Funding and Financing Strategy The implementation of the NVCAP will require input by the public, City departments, regional agencies, and private property owners. The City will take the lead in coordinating areawide actions and establishing funding mechanisms for public investment in programs and capital projects. However, private investment through the architecture, landscaping, and maintenance of individual development projects will be a significant determinant of the look and feel of the plan area. This chapter outlines the process for development proposals, lists anticipated implementation actions, and identifies a range of potential funding mechanisms to unlock the NVCAP's vision and goals into reality. Item 11 Attachment G: Final Draft NVCAP J Development Standards The NVCAP establishes new allowable land uses and corresponding development standards to implement the vision of the Plan. In addition to the development policies and guidelines mentioned in the earlier chapters of the Plan, other core development standards have been adopted and integrated into the Zoning Code, PAMC Title 18, as part of the Plan adoption. For all development criteria and regulations not amended or superseded by this Plan, the provisions of other chapters in the PAMC shall prevail. The NVCAP is primarily focused on residential development. While other types of uses are allowed, they are intended to be supportive for the residents and visitors to the neighborhood. New non-residential uses may be limited in size; where applicable the total area cannot be more than 5,000 square feet on a lot. Within the NVCAP, there are six zoning districts: 1. Single Family Residential District (NV-Rl): The NV-Rl single family residential district aims to foster detached dwellings with open spaces for privacy and outdoor activities. Minimum site area requirements promote diverse neighborhoods, quality design, and accommodate accessory dwelling units. 2. Two Family Residential District (NV -R2): The NV -R2 two-family residence district permits a second dwelling unit under the same ownership as the initial dwelling unit in designated single-family areas, while maintaining the area's single family character. 3. Medium Density Multiple -Family Residential District (NV -R3): The NV -R3 district enhances multi -family housing neighborhoods, with development standards to mitigate impacts on adjacent lower density residential areas. Projects on larger parcels enable onsite parking and open space needs, like garden apartments or cluster developments, with anticipated density ranging from 16 to 30 dwelling units per acre and a 1.5:1 Floor Area Ratio. 4. High Density Multiple -Family Residential District (NV -R4): The NV -R4 district provides high -density apartment living, primarily along major transportation corridors near mass transit and employment centers. Density ranges anticipated from 61 to 100 dwelling units per acre, with a maximum Floor Area Ratio of 3.0:1. 5. Mixed -Use Districts (NV-MXL, NV-MXM, NV-MXH): Mixed -use districts encourage a blend of residential, retail, entertainment, office, service, and commercial spaces, fostering a pedestrian -friendly environment. The NVCAP includes three mixed -use districts: NV-MXL for small-scale commercial and limited residential; NV-MXM for a mix of residential and limited commercial; and NV- MXH for ground -floor retail, entertainment, and commercial with residential above, emphasizing a pedestrian -oriented streetscape. Density in these districts varies, with permitted dwelling units per acre anticipated from three to 100 and Floor Area Ratios ranging from 0.5:1 to 3.0:1. 6. Public Facilities District (NV-PF): The NV-PF district accommodates governmental, public utility, educational, and community service or recreational facilities. In North Ventura, a one -acre portion of the NV-PF district may allow for a 100% affordable housing project. For the specific land use and development standards for NVCAP, refer to PAMC Chapter 18.29, North Ventura (NV) District. Review Process All new external changes or improvements in NVCAP must go through a Coordinated Development Permit process as per PAMC Section 19.10.050. No such permit will be issued, and no building or structure can be erected, expanded, altered externally, placed, installed, or relocated within an approved coordinated area plan area unless it is consistent with the Plan. For any uses needing a conditional use permit in NVCAP zone districts, they must follow the standard Conditional Use Permit process outlined in Title 18 of the Municipal Code. In compliance with the California Environmental Quality Act (CEQA), a Supplemental Environmental Impact Report (EIR) was prepared for the NVCAP, supplementing the 2030 Comprehensive Plan EIR. When new projects undergo discretionary review by the City, the Supplemental EIR may be used for their environmental analysis. If the project's scope extends beyond the NVCAP's CEQA analysis, further assessment may be necessary. Figure 90 NVCAP Zoning Mop 128 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 159 129 p Packet Pg. 534 of 692 mlItem Attachment G: Final Draft NVCAP Final Table 19 Implementation Actions in the NVCAP Implementation Land Use and o ning Actions - _Field IM 1 questions, facilitate desired project design, and proactively reach out to property owners and Planning Ongoing local brokers to identify opportunities for investment and lot consolidation and to promote the vision Plan policies in the preceding of the Plan. chapterswill be implemented ...............................................................................................................................................................................................................................................:..............................................................:........................... by developers, property owners, Open Space and the City over the course M 2 Renaturalize Matadero Creek: Planning, Public Works, Long -Term of the plan horizon, many Take actions to implement a concept for Matadero creek that will fully naturalize (removal of Santa Clara Valley Water District through development projects. concrete channel) between Park Boulevard and Lambert Avenue. The flood channel should be However, certain policies require widened to a 100 -foot riparian corridor, at maximum, to achieve maximum geomorphic form and implementation that must be ecological function. ....._.. .._.._. _.._... ....._.. ..._.... _--- _------ ......_....... initiated by City staff and/or IM 3 Public Park: Planning, Public Works Long -Term coordinated with other public Take actions to acquire, plan and implement the vision for a public park adjacent to Matadero agencies. Creek. Table 19 summarizes proactive steps needed to Street Improvements implement the NVCAP, agencies responsible for implementation, and the expected timeframe IM 4 Wayfinding Signs: Planning, Public Works, Ongoing for each action. Related policies and goals from Explore a program to design and implement a wayfinding sign program as an effective tool Office of Transportation preceding chapters for each implementation action are also referenced. to celebrate history and provide a clear and predictable navigation for residents, visitors and employees. Following Plan Adoption actions are anticipated to completed directly following the adoption of IM 5 Woonerf: Planning, Public Works, Ongoing the NVCAP. Explore and implement a concept for a woonerf that may either be a private or public/private Office of Transportation partnership to implement a concept that integrates vehicular, pedestrian and traffic calming • Ongoing actions are expected to be elements for the segment of Portage Avenue between Ash Street and Park Boulevard. implemented throughout the planning period. • Short-term actions are actions that are Historic Preservation expected to be completed within 0 to 4 years from plan adoption. IM 6 Explore within the first year after adoption of the Plan, the initiation of California or National Register Planning Short -Term • Mid-term actions are anticipated to be and/or local Inventory as appropriate/as determined by Council for the cannery and the Ash office implemented within 5 to 9 years from plan building. adoption. .............................................: Parking Management • Long-term actions are expected to be completed between 10 to 20 years from plan IM 7 Evaluate as needed future parking strategies to maintain parking availability such as a parking g Office of Transportation Mid -Term to Lon p g adoption. benefit district, pricing options, time -of -day restrictions, Residential Parking Permits, and shared Term parking. IM 8 If hourly pricing is used, then explore a strategy that creates targets such that 85% of the spaces are Office of Transportation Mid -Term to Long - used at any time OR such that 15% of the parking supply is available at any time. Term 130 North Ventura Coordinated Area Plan Item 11: Staff Re ort P 160 131 p g• Packet Pg. 535 of 692 7.2 Item 11 Attachment G: Final Draft NVCAP IM 9 Explore unbundling commercial parking or requiring private parking to be available to the public. Planning Mid -Term to Long - ! Term ............................... .......................................................................................................................................................................................................................................................................................................................................................... IM 10 Explore a parking pricing or a parking benefit district that could help support on -demand transit, Office of Mid -Term to Long - transportation demand management measures, active transportation investments, transit pass Transportation, Term programs, etc. Planning Infrastructure Improvements IM 11 Evaluate water main capacity that may need to be upgraded on a project -by -project basis. It is Public Works Ongoing likely that the existing six-inch (6') water mains are not able to provide sufficient flow and pressure to meet required fire demands for new construction. Depending on the development project, water mains may need to be replaced and upsized to meet fire flow requirements. IM 12 Paving: Public Works Short-term to long-term Explore including into the Capital Improvement Program designs and implementation at key intersections and raised crossings. Public Art IM 13 Evaluate the placement of public art in relation to the Public Art Master Plan for the NVCAP. Community Services Ongoing IM 14 Explore updating the Public Art Master Plan as necessary to reconcile the vision of the NVCAP. Community Services Mid -Term to Long- Term ........................................!........................................................................................................................................................................................................._....._........................................................................................................................................ Mobility IM 15 Publicly accessible shared path on private property: Implement locations indicated within NVCAP by Public Works, Planning Ongoing requiring recorded easements over private property when property redevelops. 132 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 161 Packet Pg. 536 of 692 133 74 Funding and Financing Strategy The NVCAP specifies new public infrastructure and amenities required to support the emergence of a walkable, transit -oriented, mixed - use neighborhood. The funding and financing strategy identifies the primary categories of capital improvement projects included in the NVCAP, and describes applicable funding and financing sources and mechanisms for constructing those projects. Major Project Categories Table 20 Funding Source Categories and Examples The public infrastructure and amenity improvements identified in the NVCAP fall into five primary categories consisting of bicycle and pedestrian infrastructure, streetscape, parks and Developer open space, green stormwater infrastructure, and Contributions the re -naturalization of Matadero Creek. Funding and Financing Sources and Mechanisms A variety of potential funding sources and financing mechanisms exist for implementing the improvements identified in the NVCAP. This section describes these sources and mechanisms and their potential uses within the Plan Area. In many cases, multiple funding sources will need to be combined to pay for specific projects. Although the terms "funding" and "financing" are often used interchangeably, there is an important distinction between the two terms. "Funding" typically refers to a revenue source such as a tax, fee, or grant that is used to pay for an improvement. Some funding sources, such as impact fees, are one-time payments, while others, such as assessments, are ongoing payments. "Financing" involves borrowing from future revenues by issuing bonds or other debt instruments that are paid back over time through taxes or fee payments, enabling agencies to pay for infrastructure before the revenue to cover the full cost of the infrastructure is available. Potential funding for improvements includes a mix of developer contributions (both required and negotiated, such as via the 340 Portage development agreement), City resources, outside grants, and district -based tools. Development Standards CEQA Mitigations Impact / In -Lieu Fees Negotiated Agreements City Resources General Fund Capital Improvement Plan User Fees Outside Grants Regional, State, and Federal Grants District -Based Tools Special Assessment District Community Facilities District Enhanced Infrastructure Finance District Developer Contributions Development Standards: Each new development project will contribute to the NVCAP's implementation by meeting requirements regulating each project's land uses, height, density, setbacks, parking requirements, street frontage improvements, pedestrian access, and other requirements specified in the NVCAP. These standards are adopted in the City's zoning ordinance and must be satisfied for a project to be granted approval. Reimbursement Agreements: If a developer is required to provide additional infrastructure capacity or amenities to serve the entire district, a reimbursement agreement can be established to receive payments from later developers who benefit from these early improvements. This allows for areawide cost - sharing. CEQA Mitigations: Developers may be required to contribute to environmental mitigation measures, both for areawide needs and for their specific development projects. Impact / In -Lieu Fees: Impact fees are one-time fees imposed on new developments to pay for improvements and facilities that either serve the new development or reduce the impacts of the project on the existing community. Fee revenues cannot be used to fund existing deficiencies in infrastructure. The City of Palo Alto already has citywide impact fees for Housing, Community and Public Safety Facilities, Traffic, Parks, and Public Art. All development projects within the Plan Area must meet citywide impact and in -lieu fee requirements. Item 11 Attachment G: Final Draft NVCAP Negotiated Agreements: Community benefits are developer contributions that exceed the baseline features required under development standards, environmental mitigation measures, and impact fees. Community benefits agreements are negotiated with developers individually in exchange for additional development rights. A relevant example for this is the development agreement for the 340 Portage Avenue site. The developer proposes to provide more than two acres of land for a new public park surrounding Madero Creek and one acre for affordable housing, in addition to monetary contributions to both park improvements and the city's affordable housing fund. City Resources: General Fund: General Fund revenues include property tax, sales tax, transient occupancy tax, and other revenues that are primarily used to pay for ongoing municipal services and operations. Capital Improvement Plan (CIP): Infrastructure projects identified in the NVCAP are candidates for inclusion in the City's Capital Improvement Plan, which identifies a range of specific funding sources for capital improvement projects throughout the City of Palo Alto. For example, sanitary sewer and water main replacement projects and fiber optic backbone extensions within the NVCAP area are included in the Fiscal Year 2023 CIP, which plans expenditures for 2023-2027. User Fees: User fees and rates include the fees charged for the use of public infrastructure or goods. It may be possible to use a portion of user fee or rate revenue toward financing the costs of new infrastructure, but user fees are unlikely to be a major source of funding for implementation of the NVCAP. 134 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 162 135 p Packet Pg. 537 of 692 7.3 Item 11 Attachment G: Final Draft NVCAP Outside Grants Various federal, state, and regional grant programs distribute funding for public improvements. Because grant programs are typically competitive, grant funds are an unpredictable funding source, and the City of Palo Alto must remain vigilant in applying for grants to implement the NVCAP. Unique grant funding opportunities may become available due to the area's designation as a Priority Development Area by the Association of Bay Area Governments, and because most of the Plan Area is within % mile of a Caltrain station — enabling access to funds directed to transit - oriented locations. However, access to grant funds may be contingent on adopting land use policies that comply with MTC's Transit -Oriented Communities policy, with particular impacts on the Mobility Hubs and One Bay Area grants describe below. The following table describes outside grant funding sources that may be applicable to public capital improvements as of the passage of the NVCAP; this is not an exhaustive list, however, and new grant funding programs will open during the implementation of the NVCAP. Table 21 Examples of Potential Regional or County Grant Funding Sources for NVCAP Improvements Regional or County Mobility Hubs MTC The Mobility Hubs program funds projects in designated mobility hubs that connect services and infrastructure that promote the use of mobility options besides private vehicles. This includes connecting public transit, bike and pedestrian facilities, and bike or car share facilities. Transportation for Bay Area The TFCA program, administered by the BAAQMD, funds projects that reduce Clean Air (TFCA) Air Quality vehicle emissions. Sixty percent of funds collected go to the TFCA Regional Fund Regional Program: Management for competitive grants. Eligible projects must demonstrate air quality benefits and Bicycle Facilities District reduction of emissions from motor vehicles. One sub -program within the TFCA Grant Program (BAAQMD) Regional Fund is the Bicycle Facilities Grant Program, which funds the construction of new bikeways and the installation of new bike parking facilities. Santa Clara VTA Measure B was passed by Santa Clara County voters in 2016. Measure B authorized County Measure a 30 -year, half -cent countywide sales tax to invest in transit, highway, and active B: Bicycle and transportation projects. Measure B includes nine different program areas, one of Pedestrian which is the Bicycle and Pedestrian Program (BPP). The BPP provides funding for Program bicycle and pedestrian capital projects and planning studies. Priority is given to projects that connect schools, transit and employment centers, and that fill gaps in existing bike/ped networks. One Bay Area MTC OBAG 3 is MTC's comprehensive policy and funding framework for distributing Grant (round 3) federal funding. OBAG 3 includes a Regional Program and a County Program. The county programs includes various competitive sub-programs. Transportation MTC TDA funds are derived from a 1/4 cent of the State's general sales tax. Article 3 of Development Act the TDA makes a portion of these funds available for use on bicycle and pedestrian (TDA) Article 3 projects. MTC programs TDA funds in the Bay Area. Program 136 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 163 Packet Pg. 538 of 692 137 7.3 Item 11 Attachment G: Final Draft NVCAP Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements State Infill Infrastructure Grant California Department The Infill Infrastructure Grant program provides fund for infrastructure improvements necessary to enable of Housing and residential or mixed -use infill development. Community Development Transformative Climate California Strategic Proceeds from California's Cap -and -Trade Program help fund the Transformative Climate Communities Communities Growth Council (TCC) program. The TCC provides competitive grants for coordinated, community -led development and infrastructure projects focused on achieving multiple environmental, health, and economic benefits within a given community. Examples of eligible projects include affordable housing, transit, bicycle/pedestrian improvements, and urban green infrastructure. The TCC program prioritizes disadvantaged communities that have been most impacted by pollution, as measured by the CalEnviroScreen index. The TCC program offers Implementation Grants and Planning Grants. ......................................................................!............................................................................................................................................_............._........._.._........._......................................._......................................................_........._..................... Affordable Housing and California Strategic Proceeds from California's Cap -and -Trade Program help fund the AHSC program. AHSC is a competitive state Sustainable Communities Growth Council grant program that promotes infill development and the reduction of greenhouse gas emissions through transportation and land use change. AHSC encourages combined investments in affordable housing, transit, and active transportation infrastructure, with a majority of funds typically awarded to the affordable housing ..._..._.__._..._..._..._..._.__.__._..._..._.__._!...._...__.__.__...__.__.__.__.__..._......._.__.__.__...__.__._.__._..._..._..._..._..._.__.__.__.__.__._..._..._..._..._..._..._..._..._..._..._..._.__..._.__.__.__.__._..._..._..._..._..._..._..._..._..._..._..._.__. component of a project. Urban Greening Program California Natural Proceeds from the State's Cap -and -Trade Program help fund California's Urban Greening Program. The Resources Agency Urban Greening Program provides competitive funding for projects that reduce greenhouse gas emissions and provide other benefits related to reducing air/water pollution and the consumption of natural resources, and/or to increasing green spaces and green infrastructure. Eligible projects include the enhancement or expansion of neighborhood parks, green streets, urban trails, facilities that encourage active transportation, and other urban heat island mitigation measures. The program prioritizes projects that benefit disadvantaged .....................................................................!................................................................................................................................................................................................................................................................................................................ communities, as determined by the CalEnviroScreen index. Active Transportation California ATP provides statewide competitive grants for pedestrian and bicycle capital projects. Certain trail projects are Program (ATP) Transportation also eligible if they meet the requirements of the Recreational Trails Program (RTP), a sub -program within ATP. Commission/MTC Beyond the statewide competitive grants, ATP funds are also distributed to MPOs. A minimum of 25% of ATP ._..._..._..._.__._..._..._..._.__.__._..._...!...._..._...__.__..._..._..._...__.__..._......._..._..._._...__.__.__._..._..._..._.....__ funds must be allocated to disadvantaged communities. ____._._..._..._.__.__.__.__.__.__..._..._..._..._..._.__.__.__.__.__.__.__.__.__.__.__.__.__.__.__._..._.__.__.__._. Urban Streams California Department The USRP funds projects and provides technical assistance to restore urban streams to a more natural state. Restoration Program of Water Resources Funds used for planning only must be used for projects that will serve disadvantaged communities once (USRP) completed. Matching funds of 20 percent must be provided unless the grant will benefit a disadvantaged community. Examples of eligible projects include installation of green infrastructure such as bioswales, removing culverts or storm drains, and flood protection enhancements. Land and Water California Department The LWCF is a competitive grant program focused on creating new outdoor recreation opportunities for Conservation Fund of Parks and Recreation Californians. The program funds the acquisition or the development of recreational space. Eligible projects include the acquisition of land to create a new park, a buffer for an existing park, or a recreational/active transportation trail corridor, or the development of recreational features (e.g. sports fields, dog parks, ._.__.__._..._..._.__.__._..._.__.__.__._..._.!._...__.__.__...__.__..._..._...__..._.....L._..._..._..._..._..._._._.__ gardens, open space, etc.) _ _ _ ___..................._ 138 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 164 139 P Packet Pg. 539 of 692 7.3 Item 11 Attachment G: Final Draft NVCAP Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements (continued) State Local Highway Safety Caltrans HSIP is funded by federal aid as a core program and was codified under the 2021 Infrastructure Investment Improvement Program and Job Act. HSIP seeks to achieve significant reductions in traffic fatalities and injuries on public roads. Funds (HSIP) are eligible for work on any public road or publicly owned bicycle or pedestrian pathway or trail, so long as the investment is focused on improving user safety for and addresses a specific safety problem. Non -safety related capital improvements (e.g. landscaping, street beautification) cannot exceed 10 percent of project costs. -- Caltrans requires that projects be consistent with California's Strategic Highway Safety Plan. ............. Senate Bill 1: Local California SB 1, which was signed into law in 2017, is a $54 -billion legislative package to fix and enhance roads, Partnership Program (LP) Transportation freeways, bridges, and transit across California. Funds are split among numerous programs. SB 1 created Commission the LP program to reward jurisdictions and transportation agencies that have passed sales tax measures, developer fees, or other imposed transportation fees. The LP program includes a formula allocation as well as a competitive component. Eligible projects include a wide variety of transportation improvements - roads, pedestrian/bicycle facilities, transit facilities, and other improvements to mitigate urban runoff from new transportation infrastructure. For the competitive grant program, funds can only be used for capital improvements. x x x x x Infrastructure Investment Federal Highway The Infrastructure Investment and Jobs Act provides over $550 billion for the nation's infrastructure. x x x and Jobs Act Administration, Federal Estimated apportionments are available for Fiscal Years 2022-2026. Funds are available for a wide array of Transit Administration, infrastructure needs including those related to public transit, airports, ports, bridges, water systems, and more. Federal Railway Most of the funds will be distributed through state agencies which will be accessible through a range of state Administration, and grant programs, whereas other funds will be apportioned directly to urbanized areas, and additional funds Federal Aviation will be available through federal grants processes. The State of California is estimated to be apportioned more Administration than $35 billion over five fiscal years, and the San Jose urbanized area, which includes Palo Alto, is expected to be directly apportioned $536 million over this same time period. 140 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 165 Packet Pg. 540 of 692 141 Item 11 Attachment G: Final Draft NVCAP District -Based "Value Capture" Tools Table24 Summary of Major District -Based Value Capture Tools Land -based financing tools are typically _ associated with new real estate development to generate benefit -based special assessment revenues or property tax revenues to finance Special Assessment Additional assessment against a range of Most useful for funding ongoing Requires simple majority vote of paying stakeholders. improvements through bond repayment or Districts participants, depending on the type of district operations and maintenance. paying for improvements over time. District- and relative benefit received. Increases costs and risk for paying stakeholders. Stakeholders need to based tools provide a stable revenue stream Examples include: Landscaping and Lighting perceive a clear benefit for themselves. while ensuring that properties benefitting from District, Community Benefit District, Business Impacts paying stakeholders' overall ability to support other taxes, fees, improvements also contribute to those public Improvement District, and community benefits. investments. The table below describes the three primary types of district -based funding and Little financial risk to the City or public agencies; could lead to increased financing tools. Note that assessment districts tax revenue based on private reinvestment. and community facilities districts primarily capture additional funding from private entities, Additional City staff time to administer districts could offset some gains. while the enhanced infrastructure financing district reinvests growth in public property tax Community Facilities . Additional assessment on property, levied Financing infrastructure Requires approval of 2/3 of property owners (by land area) if there are revenues within the district. If a district -based tool District (Mello -Roos) and varied based on a selected property improvements, development of fewer than 12 registered voters residing in the district. is utilized, the boundaries do not necessarily need characteristic (excluding property value). public facilities; also, ongoing operations and maintenance. Boundaries can include non-contiguous parcels. to align with the NVCAP Plan Area boundaries, Fees can be proportionally subdivided and passed onto future property / home owners. Increases costs and risk for landowners and homeowners if fees dissuade buyers or reduce achievable sales prices. Impacts paying stakeholders' overall ability to support other taxes, fees, ...............................................................................................................................................................................!................................................................................!........................................................................................................................................................................ and community benefits. Enhanced Diverts a portion of future municipal General Financing infrastructure Formation and bond issuance does not require a local vote. Infrastructure Fund property tax revenues generated within improvements, development Financing District the district to help fund infrastructure projects. of public facilities, affordable Does not cost individual property owners additional fees and taxes. (EIFD) Climate resilience districts are a type of EIFD housing development. Does not divert revenues from schools. specifically intended to fund climate projects such as addressing sea level rise. Reduces future General Fund revenues by restricting use of the district's future property tax revenue growth. 142 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 166 143 p Packet Pg. 541 of 692 Item 11 Attachment G: Final Draft NVCAP Infrastructure Improvements and Applicable Funding Sources The following table describes the applicability of various funding sources to the improvement needs identified in the NVCAP. Funding availability for improvements within the Plan Area will vary based on development activity, economic conditions, and availability of grants. Table 25 Infrastructure Improvements and Applicable Funding Sources in the NVCAP Development j CEQA Mitiga- j Impact and In- j Negotiated j General Fund j Capital Im- j User Fees j CFD EIFD j Special Assess- j Grants (Fed - Standards j tion j Lieu Fees j Agreements j provement Plan j j ment District j eral, Regional, State) Bicycle and Pedestrian Infrastructure, Streetscape Improvements Public Right of Way X X X X X X X X X Improvements -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Intersection Improvements X X X X X X ----------------------------------------- X X X Parks and Open Space -------------------- Land Acquisition ------------------------------------------------------------ X X ---------------------------------------•-------------------- X -- X X ------ X Construction of New Parks or X X X X X X Plazas ------------------------------------•--------------------•--------------------•--------------------•--------------------•--------------------•-------------------- Matadero Creek Re -Naturalization --------------------•--------------------•--------------------•--------------------•------------------ - --------------- Land Acquisition •--------------------•-------------------- •------------- X X -------------- •----------------------------------------- X •----------------------------------------- X •--------------------------------------- X X -- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Construction of New X X X X X X X Infrastructure Utilities District -wide: Stormwater, X X X X X X j X X Water, and Sewer Improvements ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------I--------------------a------------------- On-site/Project Specific: X X X X Stormwater, Water, and Sewer Improvements ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------=------------------------------------------------------------ 144 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 167 145 p Packet Pg. 542 of 692 Item 11 Attachment G: Final Draft NVCAP Item 11: Staff Report Pg. 168 CITY OF PALO ALTO Packet Pg. 543 of 692 Item 11 Attachment G: Final Draft NVCAP North Ventura Coordinated Area Plan Draft Plan: March 2024 June 2024 Mark -Up Version CITY OF PALO ALTO Item 11: Staff Report Pg. 169 1 Packet Pg. 544 of 692 Item 11 Attachment G: Final Draft NVCAP Acknowledgments City staff along Working Group members and consultants started working on the North Ventura Coordinated Area Plan (NVCAP) in 2018. Thanks to all the Working Group members. City Council, boards and commission members, and members of the public who contributed their expertise, guidance, ideas, and feedback towards this Plan. Staff looks forward to working together on the implementation of this Plan. NVCAP WORKING GROUP MEMBERS Angela Dellaporta (Co Chair) Gail Price (Co Chair) Kirsten Flynn Terry Holzemer Heather Rosen Lund Smith Yunan Song Tim Steele Siyi Zhang Alexander Lew Keith Reckdahl Doria Summa Waldemar Kaczmarski Lakiba Pittman CORE TEAM Jonathan Lait Director of Planning and Development Services Kelly Cha Senior Planner, Project Manager, Planning and Development Services Coleman Frick Principal Planner. Planning and Development Services Claire Raybould Principal Planner, Planning and Development Services Chitra Moitra Planner, Planning and Development Services Sylvia Star -Lack Transportation Planning Manager, Office of Transportation Shrupath Pate Transportation Planner, Office of Transportation Charlie Coles Senior Transportation Planner. Office of Transportation Jessica Setiawan Senior Business Analyst, Planning and Development Services Rachael Tanner Assitant Director. Planning and Development Services (former) Clare Campbell Long -Range Planning Manager. Planning and Development Services (former) Elena Lee Project Manager. Planning and Development Services (former) Sheldon S. Ah Sing Project Manager. Planning and Development Services (former) SPECIAL THANKS TO SPECIAL THANKS TO The City's North Ventura Coordinated Area Plan was made possible with funding provided by Valley Transportation Authority (VTA)'s Priority Development Area (PDA) Planning Grant and private funds from Sobrato Organization. CONSULTANT AND CONTRIBUTORS Perkins & Will, Primary Consultant Arup, Mobility Strategic Economics, Economic Study BKF, Infrastructure Plan to Place, Engagement WRA, Environmental Consultants, Matadero Creek Study Page & Turnbull, Historic Preservation Consultants David J Powers and Associates, Environmental Consultants and Planners North Ventura Coordinated Area Plan CITY OF PALO ALTO Item 11: Staff Report Pg. 170 1 Packet Pg. 545 of 692 Item 11 Attachment G: Final Draft NVCAP Contents EXECUTIVE SUMMARY 1 CHAPTER 1: INTRODUCTION 4 CHAPTER 2: THE VISION 28 CHAPTER 3: PUBLIC REALM 56 CHAPTER 4: STREETS 68 1.1 The Context 2.1 Preferred Plan 3.1 Sidewalk Zone 4.1 Pedestrian Realm 1.2 The Plan Area 2.2 Land Use 3.2 Traffic Lanes and Intersections 4.2 Bike Network 1.3 The Project Goals 2.3 Ground Floor Edges 3.3 Green Infrastructure 4.3 Gateway Intersections 1.4 The Project Objectives 2.4 Mobility 3.4 Paving 4.4 Street Sections 1.5 Citywide Planning 2.5 Ecology and Sustainability 3.5 Exterior Lighting 4.5 Transit Access 1.6 Regional and Statewide Planning 2.6 Urban Form 3.6 Wayfinding 4.6 Vehicle Circulation and Parking 1.7 The Community Process 3.7 Public Art 4.7 Transportation Demand Management CHAPTER 5: PARKS 104 CHAPTER 6: BUILDINGS 114 CHAPTER 7: IMPLEMENTATION 126 APPENDIX 5.1 Public Park 6.1 Building Heights and Massing 7.1 Development Standards Al Existing Conditions Memo 5.2 Matadero Creek 6.2 Retail and Active Frontages 7.2 Review Process A2 Traffic Modelling 6.3 Portage Avenue Frontages 7.3 Implementation Actions 6.4 Residential Frontages 7.4 Funding and Financing Strategy 6.5 Sustainable Design v North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 171 V� P Packet Pg. 546 of 692 Item 11 Attachment G: Final Draft NVCAP Figures EXECUTIVE SUMMARY Figure I Photograph of architect Mike Lyzwa hold- ing a model of a proposed building at the intersection of Page Mill Road and Park Boulevard, circa 7984, xii. Credit: Palo Alto Historical Association. Figure 2 Photograph of the Cannery monitor roof supergraphic on the former Fry's site, 3. Credit: Perkins&Will CHAPTER 1: INTRODUCTION Figure 3 Bird's eye photograph of the NVCAP Figure 13 A portion of the southwest facade of the Plan Area circa 1952 4. Credit: Palo Alto former office building. Credit: Page & Historical Association. Turnbull, 15. Figure 4 Priority Development Areas (PDA) in the Figure 14 Thomas Foon Chew with two foremen at Bay Area, 7 his canning plant in Alviso. Credit: Our Town of Palo Alto, 15. Figure 5 Matadero Creek Existing Conditions, 8. Credit: Perkins&Will Figure 15 Sutter Packing Plant, 1940. Credit: Palo Alto Historical Association, 15. Figure 6 Former Cannery Building Existing Conditions, 8. Credit: Perkins&Will Figure 76 An illustrative example of low-cost buffered bike lanes and intersection improvements, Figure 7 Existing Conditions of the NVCAP 77 Credit: Perkins&Will Plan Area, 9. Figure 77 Building 0 in San Francisco, CA, an Figure 8 Existing Zoning Districts of the NVCAP, 11. example of mixed -income multi -family apartments next to a public park, 17. Credit: Figure 9 Photographs of recent development, Perkins&Will 12. Credit: Premier Properties, Level 10 Construction. Figure 18 A breakout discussion during the NVCAP working group meeting, 19. Credit: City of Figure 10 Conceptual Tentative Mao for the 340 Palo Alto Portage Avenue Development Figure 19 Documenting feedback during a working rou desi n charrette 19 Credit• CHAPTER 2: THE VISION Figure 23 The NVCAP Preferred Plan, 30. Figure 24 NVCAP Land Use Framework, 32. Figure 25 Example of High -Density Mixed Use Development in Palo Alto, 34 Credit: Steinberg Architects Figure 26 Example of Medium Density Mixed Use Development in Palo Alto, 34. Credit: BDE Architecture Figure 27 Example of Low -Density Mixed Use Development, 35 Credit: WHA Figure 42 NVCAP Ecology and Sustainability Framework, 50. Figure 43 A conceptual design for the future Public park, 52. Figure 44 An example of a restored creek in San Luis Obispo, CA, 53. Credit: Food and Wine Safari Figure 45 An example of green infrastructure integrated with street furnishings, 53. Credit: AJ Landskap Figure 46 NVCAP Urban Form Framework, 54. Figure 28 Example of High -Density Residential Development in Palo Alto, 35 Credit: Redfin Figure 47 Internal streets have height allowances that are conducive with missing middle Figure 29 Example of Medium Density Residential housing like townhomes, 56. Development in Palo Alto, 35. Credit: Credit: Perkins&Will Compass Figure 30 Example of Low -Density Resident CHAPTER 3: PUBLIC REALM Development, 35 Credit: Google Figure 48 The Sidewalk Zone, 58. Figure 31 The Cloudera Galactic HO is located at 395 Figure 49 Bioretention, 61. Credit: City of Palo Alto Page Mill Road, 36. Credit: Perkins&Will Figure 32 NVCAP Ground Floor Edges Framework, 38. Figure 50 Dark sky compliant exterior light fixtures helps mitigate light pollution and the health of both humans and wildlife, 62. Figure 33 Building lobbies and other accessory Credit: Edgar Zacarias via Foursquare. spaces to residential uses are considered active uses, 40. Credit: Perkins&Will Figure 51 Dark sky compliant exterior light fixtures helps mitigate light pollution and the Figure 34 Neighborhood -serving retail along major health of both humans and wildlife, 63. boulevards like El Camino Real, 41. Credit: Credit: Edgar Zacarias via Foursquare. Bruce Damonte Figure 52 Neighborhood map and directional Figure 35 Residential stoops should be set back and signage are effective wayfinding tools for elevated to provide privacy for residents, visitors to the NVCAP, 64. 47. Credit: Perkins&Will Figure 53 An example of a recent public art installa- Figure 36 NVCAP Mobility Framework, 42. tion, 65. Credit: Passages by Susan Zocco- Ia. Figure 37 NVCAP Pedestrian Network, 44. Figure 11 1941 aerial photograph of the Sutter g p g Perkins&Will Packing Company. Credit: Fairchild Figure 38 View of the Bell Street Woonerf in Seattle, Aerial Surveys, Flight C-7065, Frame 92, Collection of UC Santa Barbara. Edited by Figure 20 A worksession during the NVCAP working Washington, 45. Credit: Puget Sound Page & Turnbull, 14. group meeting, 24. Credit: City of Palo Alto Business Journal Figure 12 Gabled addition attached to the Figure 27 A sketching session and report back during Figure 39 Bike Facility Degree of Separation, 46. southernmost monitor roof of 340 Portage the NVCAP working group meeting, 26. Avenue. View northeast. Credit: Page & Credit: City of Palo Alto Figure 40 NVCAP Bike Network Framework, 47 Turnbull, 14. Figure 22 A presentation during a community Figure 41 NVCAP Vehicle and Parking Framework, 49. workshop, 27 Credit: Perkins&Will vii North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 172 p Packet Pg. 547 of 692 viii Item 11 Attachment G: Final Draft NVCAP Figures w CHAPTER 4: STREETS Figure 54 Map of Conceptual Gateway Intersection Figure 65 Typical Acacia Avenue Section, 8Z Design Improvements, 72. Figure 55 El Camino Real and Page Mill Road Con- ceptual Intersection Design, 73. Figure 56 El Camino Real and Olive Avenue Concep- tual Intersection Design,74. Figure 57 El Camino Real, Hansen Way, Portage Ave- nue Conceptual Intersection Design, 75. Figure 58 Lambert Avenue and Ash Street Conceptu- al Intersection Design, 76. Figure 59 Park Boulevard and Portage Avenue Con- ceptual Intersection Design, 77. Figure 60 Typical Park Boulevard Section, 81. Figure 61 Typical Olive Avenue section between Park Boulevard and Ash Street, 83. Figure 62 Typical Olive Avenue section between Ash Street and El Camino Real, 83. Figure 63 Typical Ash Street section between Page Mill Road and Olive Avenue, 85. Figure 64 Typical Ash Street section between Acacia Avenue and Lambert Avenue, 85. CHAPTER 5: PARKS Figure 66 Typical Pepper Avenue Section, 89. Figure 67 Typical Portage Avenue section between Park Boulevard and Ash Street, 91. Figure 68 Typical Portage Avenue section between Ash Street and El Camino Real, 91, Figure 69 Streetscape elements like double row of trees, textured pavement, pedestrian scale lighting, and seating encourages a low -carbon, welcoming neighborhood environment, 93. Credit: SWA Figure 70 Typical Lambert Avenue Sidewalk Zone Section, 94. Figure 71 Typical El Camino Real Sidewalk Zone Section, 95. Figure 72 Typical Page Mill Road Sidewalk Zone Section, 96. Figure 73 Typical mid -block connetion section, 99. Figure 74 Typical rear setback connection section, 99. Figure 75 Location of Park Gateways and Circulation Figure 79 The Matadero Creek Channel is currently a Paths, 107. constrained concrete trapezoidal channel., 112. Credit: Perkins&Will Figure 76 An example of passive park programming, 109. Credit: Jennifer Tyner Figure 80 A naturalized creek has the opportunity to provide multi -use trails and habitat areas, Figure 77 An example of active park programming, 713. Credit: Food and Wine Safari 109. Credit: Daggett Figure 78 The location of the Matadero Creek buffer, circulation, and gateways, 111. CHAPTER 6: BUILDINGS Figure 81 An example of a daylight plane Figure 86 Ground floors treatments can emulate the requirement for mixed -use development materiality, fenestration, and roof datum of stepping down to single family residential historic structures, 720. Credit: Connect CRA neighborhoods, 116. Figure 87 Ground floor residential stoops can provide Figure 82 Allowable Height Map, 117. privacy for residents, neighborhood beautification, and stormwater Figure 83 Retail ground floor provide adequate management, 121. Credit: Perkins&Will floor to ceiling heights, transparency, and signage, 118. Credit: David Baker Architects Figure 88 Buidling roofs can be multi -purpose, including providing additional outdoor Figure 84 Ground floors can create notches of space for residents, 124. Credit: Kirstin outdoor rooms to allow for lively spillover Bucher of retail, 119 Credit: Bruce Damonte Figure 89 Visible elements of sustainability can Figure 85 Active ground floors provide openness, include design features such as celebrating transparency and a connection to the secure bike parking, 125. Credit: Nelson / street, 119 Credit: David Baker Architects Nygaard CHAPTER 7: IMPLEMENTATION Figure 90 NVCAP Zoning Map, as of March 2024, 129. ix North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 173 x p Packet Pg. 548 of 692 Item 11 Attachment G: Final Draft NVCAP Tables CHAPTER 1: INTRODUCTION Table 1 Historical Population and Growth in Palo Alto, 1980 - 2040, 7. Table 2 Existing Zoning Designations, 10. CHAPTER 2: THE VISION Table 3 Existing and Future Development Potential by Land Use, 32. Table 4 Proposed NVCAP Development Standards, 36. Table 5 Bicycle Facility Classifications, 47. CHAPTER 3: PUBLIC REALM Table 6 Allowed Features by Sidewalk Zone, 58. CHAPTER 4: STREETS Table 7 Park Boulevard Street Design, 80. Table 8 Olive Avenue Street Design, 82. Table 9 Ash Street Street Design, 84. Table 10 Acacia Avenue Street Design, 86. Table 11 Pepper Avenue Street Design, 88. Table 12 Portage Avenue Street Design, 90. Table 13 Lambert Avenue Sidewalk Zone Design, 94. Table 14 El Camino Real Sidewalk Zone Design, 95. Table 15 Page Mill Road Sidewalk Zone Design, 96. Table 16 Mid -Block Paseo Design, 98. Table 17 Rear Setback Pathway Design, 98. Table 18 TOM Strategy Menu, 104. CHAPTER 7: IMPLEMENTATION Table 19 Implementation Actions in the NVCAP, 130. Table 19 Implementation Actions in the NVCAP (Continued), 132. Table 20 Funding Source Categories and Examples, 135. Table 21 Examples of Potential Regional or County Grant Funding Sources for NVCAP Improvements, 136. Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements, 138. Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements (Continued), 140. Table 23 Examples of Potential Federal Grant Funding Sources for NVCAP Improvements, 140. Table 24 Summary of Major District -Based Value Capture Tools, 142. Table 25 Infrastructure Improvements and Applicable Funding Sources in the NVCAP, 144. xi North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 174 xii p Packet Pg. 549 of 692 Item 11 Attachment G: Final Draft NVCAP Figure 1 Photograph of architect Mike Lyzwa holding a model of a proposed building at the intersection of Page Mill Road and Park Boulevard, circa 1984. Executive Summary The North Ventura Coordinated Area Plan (NVCAP) represents a rare opportunity within the City of Palo Alto to plan proactively for a transit -oriented, mixed -use, mixed -income, and walkable neighborhood. The NVCAP sets forth a vision that: Honors the storied history and unique character of the North Ventura neighborhood; Understands the needs of current residents and puts forward near -term solutions to current challenges; Establishes a long-term framework for desired growth so that more people can call North Ventura home; and Invests in community infrastructure to support an equitable, resilient, and sustainable Palo Alto. NVCAP is aligned with the goals and policies embedded in the adopted City of Palo Alto 2030 Comprehensive Plan, addressing the eight major themes: Building Community and Neighborhoods; Maintaining and Enhancing Community Character; Reducing Reliance on the Automobile; Meeting Housing Supply Challenges; Protecting and Sustaining the Natural Environment; Keeping Palo Alto Prepared for Future Natural and Human -Caused Hazards; Meeting Residential and Commercial Needs; and Providing Responsive Governance and Regional Leadership. Finally, this is a vision shaped by the Palo Alto community. This Plan would not be possible without the guidance of stakeholders, decision -makers, residents, and other community members, who graciously volunteered their time as members of the Working Group to thoughtfully consider the challenges and opportunities of the Plan. xiii North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 175 P Packet Pg. 550 of 692 Item 11 Attachment G: Final Draft NVCAP Plan Organization The plan document is organized as follows: Introduction provides an overview of the NVCAP physical and regulatory context. The Plan is shaped by the project goals and objectives, adopted and in -progress City plans and policies, recently enacted regional and state laws, and the comprehensive community planning process. The Vision provides an overview of the vision for the future of NVCAP built and natural environment. This includes urban design frameworks that calibrate the optimal mix of uses; support a multi -modal mobility framework within the neighborhood and how it connects to the rest of the city and the region; foster a regenerative and ecological framework to support the health of humans and wildlife while supporting the implementation of City's Climate Action Plan; and the neighborhood's context - specific urban form. Design Standards and Guidelines (Public Realm, Streets, Parks, Buildings) include requirements that govern the construction and modification of horizontal and vertical development, standards are quantifiable, whereas guidelines are qualitative requirements. Implementation outlines the necessary steps to fulfill the vision of the Plan, including funding and financing strategies, infrastructure improvements, and capital investments. Appendix contains information for reference used to generate the NVCAP including existing site conditions, market studies, and infrastructure analysis. Figure 2 Photograph of the Cannery monitor roof supergraphic on the former Fry's site, 2022 Credit: Perkins&Will North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 176 Packet Pg. 551 of 692 Item 11 Attachment G: Final Draft NVCAP fl -f.-- Stanford Industrial Park J i ___!1 - Introduction s:.. X4�1 Matodero Creek Sutter Packing Plant 1.1 Context 1.2 Plan Area 1.3 Project Goals _ ElCaminoReal 1.4 Project Objectives ri 1.5 Citywide Planning 1.6 Regional and Statewide Planning 9 • - - Southern Pacific Railroad 1.7 Community Process ___________________ iIm-:I::I jk Park Boulevard Figure 3 Bird's eye photograph of the NVCAP Plan Area circa 1957. Item 11: Staff Report Pg. 177 Packet Pg. 552 of 692 Item 11 Attachment G: Final Draft NVCAP Context The purpose of the NVCAP is to capture the City's vision for the North Ventura neighborhood into a regulatory document that will guide the future development of the 60 -acre plan area, including land use, development standards, and design guidelines. This planning effort ,vas initiated by Palo Alto Initiated by the City Council to implement Comprehensive Plan Program L-4.10, which states the following, Prepare a Coordinated Area Plan for the North Ventura area and surrounding California Avenue area. The Plan should describe a vision for the future of the North Ventura area as a walkable neighborhood with multi- family housing, ground -floor retail, a public park, creek improvements, and an interconnected street grid. It should guide the development of the California Avenue area as a well -designed mixed - use district with diverse land uses and a network of pedestrian -oriented streets. The NVCAP aligns with the Comprehensive Plan policy, however, the Plan Area focuses solely on the North Ventura neighborhood. On November 6, 2017, the City Council adopted Resolution 9717, authorizing the filing of an application to the Metropolitan Transportation Commission for a Priority Development Area Grant for the North Ventura Coordinated Area Plan. The Council expressed local support and commitment of necessary matching funds and assurance of the completion of the project. The Region The Bay Area is expected to be home to an additional 1.4 million households by 2050. It is essential that housing, transportation, and other types of land uses work together - as part of a regional growth framework - create an equitable, prosperous future for all Bay Area communities and make the best use of available resources. Priority Development Areas (PDA) are a key piece of the Bay Area's regional growth framework. Approximately 70% of the Plan Area is located within the California Avenue PDA, which was selected as a PDA based on excellent access to transit, the proximity of the existing California Avenue Business District, and the availability of underutilized parcels of land. Palo Alto Growth Projections According to the City's Housing Element Update, the total population is projected to grow to 82,835 people by 2030 and 86,510 people by 2040. Historically, the number of new homes built in the Bay Area has not kept pace with demand, resulting in longer commutes, increasing prices, and exacerbating issues of displacement and homelessness. The number of new homes in Palo Alto increased 3.8 percent from 2010 to 2020, which is below the growth rate for Santa Clara County and below the growth rate of the region's housing stock during this time period. At the same time, Palo Altos population increased 6 percent. Figure 4 Priority Development Areas (PDA) in the Bay Area Table 1 Historical Population and Growth in Palo Alto, 1980 - 2040 1980 55,225 741 1990 I 55,900 675 2000 58,598 2,698 a 1% 1% 5% 2010 64,403 i 5,805 10% ......................:....................................................:................. 2020 68,145 3,254 6% ...................:...............................................:................. 2030* 82,835* 15,178* 22%* 2040* 86,510* 3,675* 4%* `Projections Sources: U.S. Census 1980,1990, 2000, 2010, California Department of Finance 2021 andABAG Plan BayArea 2040 Projections 6 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 178 p Packet Pg. 553 of 692 Item 11 Attachment G: Final Draft NVCAP Plan Area The NVCAP plan area is approximately 60 acres, roughly bounded by Oregon Expressway / Page Mill Road to the north, El Camino Real to the west, Lambert Avenue to the south, and the Caltrain rail corridor to the east. Nearby neighborhoods include the Evergreen neighborhood to the west, the Midtown neighborhood to the north, and Barron Park to the south. Proximity to City Destinations The plan area is within walking and biking distance to several key destinations, including: • The California Avenue Caltrain Station, which is within a half mile of the plan area. Walking access to the station is primarily along Park Boulevard, a designated Bike Boulevard. • El Camino Real, a regional commercial and retail corridor. Opportunities for pedestrians and bicyclists to cross Page Mill Road safely are limited. • California Avenue, a regional retail attraction and social destination for the peninsula. Plan Area Notable Sites Notable sites within the plan area include the Matadero Creek Channel and the buildings associated with the Cannery. • Stanford University, one of the premier higher - education institutions in the world. • Stanford Research Park and California Avenue Business District, accounting for almost 40% of the City's employment distribution. • Signature Palo Alto open spaces such as Sarah Wallis Park, Boulware Park, and J. Bowden Park. The portion of the Matadero Creek running through the plan area is contained with a concrete trapezoidal channel, which was built in 1990 from Figure 5 The Matadero Creek Channel is currently a El Camino Real to the Caltrain Tracksconstrained concrete trapezoidal channel. For more information and history of the Palo Alto Cannery, go to: The Palo Alto Cannery Spotlight, Pages 14-15 8 North Ventura Coordinated Area Plan California Avenue Caltrain Station A Cloudera n O ►i 9 Item 11 Attachment G: Final Draft NVCAP Land Use and Zoning The North Ventura neighborhood is already made up of a mix of multi -family and single- family residential, office, service, and retail uses. Service commercial uses are concentrated along El Camino Real, Lambert Avenue, and the southern segment of Portage Avenue. Additionally, office uses are located primarily along Page Mill Road and Park Boulevard, the most notable anchors being the Cloudera Galactic Headquarters at 395 Page Mill Road and the newly constructed building at 3045 Park Boulevard. About 70% of residential units in North Ventura are single-family detached homes, most built before 1950. Single-family homes occupy about 10 percent of the Plan Area and are generally found along Pepper Avenue and Olive Avenue. The Park Plaza Apartments is the most notable multi -family residential development within the Plan Area, situated at the corner of Park Boulevard and Page Mill Road. R-1 Single-family residence district RM-30 Medium density multiple -family residence district CS Service commercial district ROLM Research, office and limited manufacturing district GM General manufacturing district CN Neighborhood commercial district PC Planned community district Table 2 Existing Zoning Designations I Figure 8 Existing Zoning Districts of the NVCAP CS: Service Commercial PC: Planned Community ` : : Historic Building CN; Neighborhood Commercial RM-30: Multiple -Family Residential -. — Project Boundary GM - General Manufacturing R-1: Single Family Residential ROLM: Industrial/Manufacturing Automobile Dealership (AD) Overlay 10 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 180 Packet Pg. 555 of 692 11 Item 11 Attachment G: Final Draft NVCAP Recent Development The Plan Area is experiencing significant change and new investment in mixed -use development. A few new developments include: Under Construction or Completed Figure 9 Photographs of recent development 441 Page Mill Road: a three-story mixed use building with one level of underground parking. The project includes Class -A office space, ground floor retail, and 16 apartments. 3225 El Camino Real: a mixed -use development with two distinct buildings. The first building is four stories with ground floor retail and apartments/condos on the upper floors. The second building is two stories with ground floor retail and office on the upper floor. The development includes underground and podium parking. 3045 Park Boulevard: a two-story shell commercial building with underground parking. The 340 Portage Avenue Development Agreement In October 2023, the City approved a development agreement with the Sobrato Organization, LLC for the redevelopment of the 14.65 -acre site at 200-404 Portage Avenue, 3040-3250 Park Boulevard, 3201-3225 Ash Street and 278 Lambert Avenue (Ordinance #5595). The project site, comprised of five reconfigured parcels, is located centrally within the boundary of the NVCAP. The development agreement includes: • Partial demolition of a commercial building (formerly Bayside Cannery) deemed eligible for the California Register of Historical Resources and retrofit of the remaining portion of the building (340-404 Portage) to retain and restore key historic features (Parcel 1) • Construction of (74) new three-story townhome condominiums replacing approximately 84,000 square feet (sf) of the historic cannery building at 200-404 Portage Avenue (Parcel 1) • Demolition of a building containing commercial recreation use at 3040 Park Boulevard (Parcel 1) • Dedication of approximately 3.25 acres of land to the City for future affordable housing (approximately 1 acre) and parkland (approximately 2.25 acres) uses (Parcel 2) • Retention of existing research and development (R&D) uses in the remaining portion of the former cannery building (Parcel 3) • Construction of a two -level parking garage (Parcel 3) • Retention of office use in the existing building at 3201-3225 Ash Street (Parcel 4) • Conversion of automotive use at 3250 Park Boulevard to R&D use (Parcel 5) • Contribution of $5 million for future park improvements and contributions to the City's affordable housing fund. • Development of a Transportation Demand Management (TDM) program for the R&D and office uses. When the terms of the agreement end, conformance with the NVCAP will be required of all new projects in the affected area. OLIVE AVENUE LOT 3 LOT 1'., LAMBERTAVENUE Figure 10 Conceptual Tentative Map for the 340 Portage Avenue Development 12 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 181 p Packet Pg. 556 of 692 Spotlight: Palo Alto Cannery At the heart of the NVCAP is the 12.5 - acre 340 Portage Avenue property. What appears to be one large building on the parcel is composed of approximately ten buildings that were constructed at various times between 1918 and 1949. The building is surrounded by a narrow parking lot to the north and a larger parking lot to the south bounded by Matadero Creek. The rectangular former cannery building features walls that are concrete, corrugated metal or wood siding, with a variety of roof shapes. Some of the most distinctive features include the monitor roofs, capped with composition shingles and clad with corrugated metal, wood clerestory ribbon windows and wire glass skylights. t Figure 11 i1 1941 aerial photograph of the Sutter Packing Company. Source: Fairchild Aerial Surveys, Flight C-7065, Frame 92, Collection of UC Santa Barbara. Edited by Page & Turnbull. Figure 12 Gabled addition attached to the southernmost monitor roof of 340 Portage Avenue. View northeast. Source: Page & Turnbull The southeast corner of the parcel contains a one-story wood frame building. The building, located on Ash Street next the former cannery building, is used as an office. The building appears to have been initially built as a dormitory for the cannery employees sometime between 1918 and 1925 and was moved to its current location in 1940. The building features a front -gabled roof, wraparound porch with a shed roof, and wood lap siding. The former cannery site was initially developed in April 1918, by Thomas Foon Chew, the owner of Bayside Canning Company or affectionately known in the press at the time as" he sparagus ing". This was intended to be Mr. Chew's second cannery; the first cannery was built nearby in Alviso, California. The Palo Alto cannery was strategically located alongside a railroad spur of the Southern Pacific Railroad's Los Gatos branch, which facilitated shipments, and Matadero Creek for a ready water supply. The cannery was expanded over the next several decades. The site operated as the Bay Side Cannery and then as the Sutter Packing Company in 1929. The cannery continued to grow through World War II and was closed in 1949. Although the building has undergone some exterior alterations throughout the expansion, aerial photos show that from 1965, the building continues to have the same shape and general form as now. Following the closure of the cannery, the site has been occupied by an anchor retailer Maximart and other retail and office uses. The next significant and largest tenant, Fry's Electronics, continued to occupy the site until the end of 2019. Figure 13 A portion of the southwest facade of the former office building. Source: Page & Turnbull Figure 14 Thomas Foon Chew with two foremen at his canning plant in Alviso. Source: Our Town of Palo Alto. Figure 15 Sutter Packing Plant, 1940. Source: Palo Alto Historical Association Project Goals On March 5th, 2018, the City Council approved the following goals to guide the NVCAP. A project goal refers to the desired outcome of a project. The following goals are high-level statements that provide an overall context for the aims and accomplishments of the project. Housing and Land Use Transit, Pedestrian, and Bicycle Connections Add to the City's supply of multi -family housing, Create and enhance well-defined connections including market rate, affordable, "missing to transit, pedestrian, and bicycle facilities, middle" and senior housing in a walkable, mixed- including connections to the Caltrain Station, use, transit -accessible neighborhood, with retail Park Boulevard, and El Camino Real. and commercial services, open space, and possibly arts and entertainment uses. Connected Street Grid Community Facilities and Infrastructure Create a connected street grid, filling in sidewalk gaps and street connections to California Avenue, the Caltrain Station, and El Camino Real where appropriate. Carefully align and integrate development of new community facilities and infrastructure with private development, recognizing both the community's needs and that such investments can increase the cost of housing. T „ {t Item 11 Ix Attachment G: Final Draft NVCAP �(A .rni i Balance of Community Interests Urban Design, Design Guidelines, and ' I^ Neighborhood Fabric Balance community -wide objectives with the interests of neighborhood residents and minimize Develop human -scale urban design strategies, displacement of existing residents, and design guidelines that strengthen 1.- and support the neighborhood fabric. Infill development will respect the scale and character of the surrounding residential neighborhood. Sustainability and the Environment <1 r r rr rrr ri Protect and enhance the environment, while _ Yib• addressing the principles of sustainability. i r r r r r' r Figure 16 (left) An illustrative example of low-cost buffered bike lanes and intersection improvements, Figure 17 (top) Buildinq 0 in San Francisco, CA, an example of mixed -income multi -family apartments next 16 North Ventura an•` Item 11: Staff Report Pg. 183 17 p Packet Pg. 558 of 692 Project Objectives On March 5th, 2018, the City Council approved the following objectives to guide the NVCAP. Project objectives describe the optimal process and set the goalposts for a successful plan. Project objectives are measurable and achievable. Data -Driven Approach Employ a data -driven approach that considers community desires, market conditions and forecasts, financial feasibility, existing uses and development patterns, development capacity, traffic and travel patterns, historic/cultural and natural resources, need for community facilities (e.g., schools), and other relevant data to inform plan policies. Guide and Strategy for Staff and Decision Makers Provide a guide and strategy for staff and decision -makers to bridge the gap between the goals and policies of the Comprehensive Plan and individual development projects in order to streamline future land use and transportation decisions. Comprehensive User -Friendly Document and Implementation Create a comprehensive but user-friendly document that identifies the distribution, location and extent of land uses, planning policies, development regulations, and design guidelines to enable development and needed infrastructure investments in the project area. 21 Plan Item 11: Staff Report Pg. 184 Item 11 Attachment G: Final Draft NVCAP J .i±jJ: iT _ •,4 ���r - Jam_ Meaningful Community Engagement Enable a process with meaningful opportunities for community engagement, within the defined timeline, and an outcome (the coordinated area plan document) that reflects the community's priorities. Environmental A plan that is protective of public health and a process that complies with the requirements of the California Environmental Quality Act. I7* I I5 cwIu M1 PA r u11� G an —li 3iK"G 14.1; 1 air: iw-i _► ap Economic Feasibility A determination of the economic and fiscal feasibility of the plan with specific analysis of marketplace factors and incentives and disincentives, as well as a cost -benefit analysis of public infrastructure investments and projected economic benefits to the City and community. Figure 18 (left) A breakout discussion during the NVCAP working group meeting, Figure 19 (top) Documenting feedback durin a working rou design chorrette Packet Pg. 559 of 692 19 Citywide Planning The standards and guidelines in this document are informed and in conformance with the following foundational city plans and policies. 2030 Comprehensive Plan The City adopted the 2030 Comprehensive Plan in November 2017, which is the primary tool for guiding preservation and development in Palo Alto. The Plan reflects community values and provides a collective vision that guides preservation, growth, and change. The Plan Area is a part of the California Avenue Multi - Neighborhood Center. A multi -neighborhood center is defined as retail shopping centers or districts that serves more than one neighborhood with a diverse mix of uses, including retail, service, office, and residential. Program L-4.10.1 directs staff to prepare a coordinated area plan for the North Ventura area and surrounding California Avenue area. The plan should describe a vision for the future of the North Ventura area as a walkable neighborhood with multi -family housing, ground -floor retail, a public park, creek improvements, and an interconnected street grid. It should guide the development of the California Avenue area as a well -designed mixed -use district with diverse land uses and a network of pedestrian -oriented streets. Bicycle and Pedestrian Transportation Plan The City adopted the Bicycle and Pedestrian Transportation Plan in July 2012, which strategically guides public and private investments in non -motorized transportation facilities and related programs. The plan identifies several streets within the Plan Area as critical bicycle streets, including Portage Avenue as an enhanced bikeway as part of the Bay to Ridge Trail and Park Boulevard as a major north - south Bicycle Boulevard. Housing Element 2023-2031 The Housing Element update, one of the State -mandated components of the City's Comprehensive Plan, represents the City of Palo Altos sixth Housing Element and plans for the years 2023 through 2031. In total, approximately 6,700 housing units are needed to accommodate the 2023-2031 growth for all income groups as part of the Regional Housing Needs Allocation (RHNA) process. The Plan Area includes 15 properties identified by the Housing Element as opportunity sites that could help the City meet its housing needs (unit yield of approximately 300). Palo Alto Municipal Code, Chapter 19.10: Coordinated Area Plans This chapter establishes the procedures for the preparation of coordinated area plans (CAP). The chapter's sections outline the purpose of a CAP, the procedures needed to be performed throughout the planning process, the contents of the plan document, and the requirements for permitting and development once the CAP has been adopted. Palo Alto Municipal Code, Chapter 18.32: Affordable Housing Incentive Program The affordable housing incentive program is intended to promote the development of 100% affordable rental housing projects located within one-half mile of a major transit stop or one - quarter mile of a high -quality transit corridor. Due to the Plan Area's proximity to transit and everyday needs, the NVCAP is a strong candidate to support the City's goal of adding more affordable housing units to support a wider range of incomes. Palo Alto Municipal Code, Chapter 18.24: Contextual Design Criteria and Objective Design Standards To comply with California's recently adopted legislation (Senate Bill (SB) 35 and SB 330) to address the housing shortage within the state, Palo Alto adopted objective design standards to review new multi -family and mixed -use residential housing projects. The development standards and design guidelines included in the coordinated area plan are intended to be complementary to the objective design standards. Parks, Trails, Natural Open Space, and Recreation Master Plan Adopted in September 2017, the Parks Master Plan presents the vision for the future of Palo Alto's parks, trails, natural open space, and recreation system. The plan identifies the entire Plan Area as an urban canopy target area, emphasizing the need for new green streets and parks. Additionally, Policy 1.B.10 states the following, 'develop a creek walk along Matadero Creek that links parks and creates open space and a habitat corridor. Finally, the plan designates Portage Avenue and Park Boulevard as 'Pollinator Pathways,' which are intended to provide connectivity for natural systems through the integration of green stormwater infrastructure. The future public park and the renaturalization of the creek can serve as an integral component of the City's larger regional habitat connection concept, connecting people and wildlife from the foothills to the Baylands. Urban Forest Master Plan Adopted in February 2019, the Urban Forest Master Plan establishes long-term management goals and strategies to foster a sustainable urban forest in Palo Alto. The urban forest includes street trees, park trees, forested parklands, and trees in many private ownership settings. NVCAP is aligned with the master plan's goals and policies including: • Goal 1: A well -developed contiguous, healthy, and ecologically resilient citywide urban forest; and • Goal 2: Re -generated native woodland and riparian landscapes as the key ecological basis of the urban forest with a focus on native species and habitat. Item 11 Attachment G: Final Draft NVCAP Green Stormwater Infrastructure Plan Completed in 2019, the Green Stormwater Infrastructure (GSI) Plan provides a guidance framework to integrate GSI measures into the City's urban landscape to properly manage and treat stormwater at its source, decreasing water quality impacts to local creeks, the Baylands, and the San Francisco Bay. Integration of GSI measures is critical for the Plan Area to address the current lack of open spaces, and high amount of imperviousness. Chapter 4 of the GSI specifies in the Developed Project Location Prioritization Criteria, that projects located within one of the key development areas should receive a higher priority than projects located outside one of these areas. Public Art Master Plan Completed in November 2016, the mission of the plan is to ensure that new public art reflects Palo Alto's people, diverse neighborhoods, the innovative and global character of its businesses and academic institutions, and the beauty of its natural environment. Several of the plan's objectives are applicable to NVCAP including: • Objective 1: Locate art in unexpected places, such as alleys to provide an element of surprise and whimsy to everyday life. • Objective 2: Integrate impactful, permanently - sited public art projects in business areas. • Objective 3: Install public art in neighborhoods for residents to enjoy on a daily basis. • Objective 4: Use art to promote environmental stewardship and sustainability. Create partnerships with Environmental Services and local regional agencies to integrate public art into environmental projects. • Objective 5: Commission artists or artist/design teams to create specific public art plans for areas of Palo Alto where development is taking place. North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 185 p Packet Pg. 560 of 692 1.6 Item 11 Attachment G: Final Draft NVCAP Sustainability and Climate Action Plan Adopted in June 2023, the Sustainability and Climate Action Plan (S/CAP) is a comprehensive document laying out the City's strategy to achieve ambitious carbon reduction goals, while improving natural environment, adapting to climate impacts, and increasing livability for Palo Alto residents. The S/CAP establishes the goals of reducing carbon emissions 80 percent below 1990 levels by 2030 (the "80 x 30" goal) and achieving carbon neutrality by 2030. Several of the plan's goals are applicable to NVCAP including: • Energy: Reduce GHG emissions from the direct use of natural gas in Palo Alto's building sector by at least 60% below 1990 levels (116,400 MT CO2e reduction) • Mobility: Reduce total vehicle miles traveled 12% by 2030, compared to a 2019 baseline, by reducing commute vehicle miles traveled 20%, visitor vehicles miles traveled 10%, and resident vehicle miles traveled 6% • Mobility: Increase the mode share for active transportation (walking, biking) and transit from 19% to 40% of local work trips by 2030 • Natural Environment: Restore and enhance resilience and biodiversity of our natural environment throughout the City • Natural Environment: Increase tree canopy to 40% city-wide coverage by 2030 • Natural Environment: By 2030, achieve a 10% increase in land area that uses green stormwater infrastructure to treat urban water runoff, compared to a 2020 baseline Relationship Between the NVCAP and Other City Plans and Ordinances The NVCAP implements the City of Palo Alto Comprehensive Plan and provides more detailed programs and policies for the specifically defined NVCAP. These policies and programs are consistent with those found in the Comprehensive Plan but address the unique characteristics of NVCAP. To implement the NVCAP, Palo Alto made changes to Title 18, Zoning, in the Palo Alto Municipal Code (PAMC). This new code section outlines specific development standards for projects within the plan area. While many of these are detailed in the plan itself, the regulations in the NVCAP section of Title 18 take precedence. If the NVCAP doesn't specifically change or replace zoning standards, the established PAMC requirements apply. However, if there's a conflict between the development standards of NVCAP and PAMC, NVCAP standards will be followed. Regulatory Compliance The Plan was prepared in accordance with CEQA, and any state applicable law. The NVCAP guides all development within the Plan Area and will require amendments to the Zoning Ordinance to ensure consistency and to implement the development regulations and land uses established in this CAP. The CAP is adopted under the authority of the City's Zoning Ordinance, which designates Coordinated Area Plans as a tool to guide land use and development consistent with the Comprehensive Plan. Regional and Statewide Planning Approximately 70% of the Plan Area is located within the California Avenue PDA, which was selected based on excellent access to transit, the proximity of the existing California Avenue Business District, and the availability of underutilized parcels of land. Therefore, NVCAP is subject to both regional and state legislation, developed and adopted to ensure new development within PDAs are supporting compact, equitable transit -oriented communities. Transit -Oriented Communities (TOC) Policy Metropolitan Transportation Commission's (MTC's) regional Transit -Oriented Communities (TOC) policy update seeks to support the region's transit investments by creating communities around transit stations and along transit corridors that not only support transit ridership, but that are places where Bay Area residents of all abilities, and income levels, and racial and ethnic backgrounds can live, work and access services, such as education, childcare, and healthcare. The TOC policies would apply to PDAs that are served by fixed -guideway transit such as the California Avenue Station (Caltrain). PDAs that comply with these TOC policies are eligible for grant funding administered by the MTC. Jurisdictions adopting these policies would be required to implement the following: • New Residential Development: a minimum density of 50 units/net acre or higher and an allowable maximum density of 75 units/net acre or higher. • New Commercial Office Development: a minimum density of 2 Floor Area Ratio (FAR) or higher and an allowable maximum density of 4 FAR or higher. • Parking Management Requirements: no minimum parking requirement allowed. At the time of plan adoption, the City has not adopted the TOC policy. Assembly Bill 2097 (AB2097) The California State Legislature passed, and the Governor signed, Assembly Bill (AB) 2097 that eliminates minimum parking requirements for all uses/development, (except hotels) within a half - mile of public transit, This bill affects all properties within the NVCAP. The new requirements went into effect on January 1, 2023, ahead of the adoption of the NVCAP. 22 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 186 23 p Packet Pg. 561 of 692 The Community Process The NVCAP was informed by a multi -year planning process, which prioritized a robust and authentic community process, and invited a diversity of voices from both city departmental agencies and community stakeholders to shape the future of the Plan Area. Over the course of the planning process, City staff and consultants conducted extensive community outreach, providing numerous opportunities for public engagement and meaningful input. Stakeholders, decision -makers, residents, and other community members have volunteered their time to thoughtfully consider the challenges and opportunities afforded by this project and contribute to the evolving plan ideas. As part of the planning process, three draft alternatives were developed for the NVCAP. The draft alternatives take into account feedback provided by: (1) the NVCAP Working Group, (2) feedback from community members provided at community workshops, (3) analyses and information provided by the City's consultant team to City staff and leadership. City Council deliberated and selected a preferred scenario. This community process led to the development of the draft plan including the vision and design framework included in Chapter 2. Figure 20 A worksession during the NVCAP working group meeting 1 / I Area Plan Item 11: Staff Report Pg. 187 Item 11 Attachment G: Final Draft NVCAP Packet Pg. 562 of 692 Z 1 0 D C A 0 z The NVCAP Working Group Consistent with PAMC 19.10.030 and to ensure significant and meaningful community engagement, the City Council appointed a 14 -member Working Group (WG). The WG was made up of 14 individuals and two alternates. The group's composition represented a diversity of interests and expertise, including homeowners and renters, people of different ages and cultural backgrounds. The WG included: • Residents (renters and property owners) living within the Plan Area boundaries or the greater North Ventura neighborhood. • Business owners and local employees working or owning a business within the Plan Area boundaries or nearby (mix of small and larger businesses). • Property owners (large and small properties). • City residents with expertise in urban design, housing development, environmental planning, transportation, or land economics. • Planning and Transportation Commission (PTC) member. • Architectural Review Board (ARB) member. • Parks and Recreation Commission member. Over the course of 17 meetings held from 2018 to 2020, the WG reviewed and provided feedback on existing conditions, planning alternatives, and other information related to the planning area. The WG created a vision statement for the Plan Area which is summarized below: 'The Working Group envisions the Plan Area to replicate a European square with open plaza, colorful public art, beautiful landscaping with green open spaces and lots of public amenities such as benches, trails, and bike paths. The building designs should fit well within the existing context, between three and six stories, interconnected with pedestrian and bicycle paths. The bustling plaza should have lots of local -serving retail uses such as cafes, small local markets, and theaters, which encourage lively foot traffic. The Plan Area also should provide diverse housing opportunities, with minimum intrusion from automobile traffic.' City Department Partnerships The planning process was informed by representatives from the City of Palo Alto to ensure the plan was aligned with foundational city plans, projects, and programs. The departments represented include Planning & Development, Transportation, Public Works, Utilities, and Community Services. The Community Workshops Two community workshops were held to share ideas, respond to study results, and weigh in of the vision and emerging policies of the plan. TI first community workshop was held in Februar; 2019. The community feedback helped to from the basis of the proposed draft plans. The City hosted the second community workshop on February 27, 2020. The workshop solicited input on the three draft plan alternatives and endeavored to identify community priorities or various topics. Community Surveys Staff prepared two online community surveys (April 2020 and October 2020) to solicit input from the members of the community. The surveys aimed to reach community members unable to attend the workshops. An online questionnaire on the draft alternatives was created by staff to solicit input from the community at -large in October 2020. About 30 community members responded. The majority of the participants preferred Alternative 3, supporting higher residential densities and heights, allowing small office footprints. There was general agreement on the proposed transportation improvements, and parks and open space proposals. Opinions varied over preservation of the cannery building. Some preferred removal of old cannery building for better and efficient use of the existing space, while others supported partial retention. Project Website To augment the community engagement efforts, the city hosted a robust project website that served as the primary online portal for community engagement. It included information on project updates, upcoming events, updated summaries of workshops and staff reports. Public Noticing / Mailing List Notices of all public hearings and WG meetings were published in accordance with the regulations set forth by the Palo Alto Municipal Code and City regulations. Additionally, an extensive emailing list consisting of over 430 interested community members was developed and maintained by City staff and used for disseminating information to all interested individuals. Figure 22 A presentation during a community workshop Stakeholder Group Meetings Stakeholder groups including property owners, commercial tenants, area residents, Palo Alto Unified School District and affinity groups/ advocates (affordable housing representatives, bicycle groups, environmental representatives, etc.) were identified early in the NVCAP process and their input was gathered through a series of six meetings. Staff also presented to the Palo Alto Unified School District Committee on December 2018, on February 20, 2020, and on October 15, 2020. Palo Alto Unified School District Board Members indicated an interest to site a new school to serve new families conceived in the draft alternatives. The City is supportive of working together to understand student yield from proposed typologies and suitable sites. During the development and public review of alternatives, City staff have continued discussions with stakeholders, such as property owners and affordable housing advocates to gather their feedback on evolving policy ideas and aspects of the alternatives. Decision Maker Meetings Since the initiation of the NVCAP planning work in October 2018, City staff have provided several updates to the following boards: City Council, Historic Resources Board (HRB), Parks and Recreation Commission (PRC), Planning and Transportation Commission (PTC), and the Architectural Review Board (ARB). Figure 21 A sketch session and report back during the NVCAP working gro 26 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 188 27 p Packet Pg. 563 of 692 Vision The North Ventura Coordinated Area Plan sets forth a flexible, aspirational vision to guide growth and investment to support a transit oriented, mixed -use, mixed -income, and walkable neighborhood. 2.1 Plan Concept 2.2 Land Use The vision frameworks described in the following pages illustrates the desired physical form delivered incrementally over time which: 2.3 Ground Floor Edges • Honors the storied history and • Establishes a long-term 2.4 Mobility unique character of the North framework for desired growth Ventura neighborhood; so more people can call North 2.5 Ecology and Sustainability • Understands the needs of Ventura home; and 2.6 Urban Form current residents and puts • Invests in community forward near -term solutions to infrastructure to support current challenges; an equitable, resilient, and sustainable Palo Alto. ■■ SEAMLESS CONNECTION Item 11 TOCALTRAIN /� G FRASTRUCTURE ER CELE attachment G: Final Draft NVCAP ' � INFRASTRUCTURE HIST �/� Plan ConceptO The Plan Concept illustrates the 4 �. �` vision of the full build -out of the r NATURALIZED NVCAP as reflected in the plan. � MATADERO CREEK The actual development within the plan area will 'Mv COMMUNITY vary based on each parcel's project goals and ENERGY EFFICIENT r, OPEN SPACE constraints. The conceptual build -out reflected BUILDINGS dENHANCED URBAN FOREST in Figure 23 does not incorporate development '_ X w_ projects recently approved or constructed. '/ ;* '' I,'i' 'flJ ;i \\ 30 North Ventura Coordinated Area Plan 2j#' L/ RESPECTINGEXISTING I/ AFFORDABLE ECOLOGICALCORRIDORS ENHANCED MULTI -MODAL SINGLE FAMILY HOMES STREET -ACTIVATING HOUSING OPTIONS AND HABITAT INTERSECTIONS _Y �UILDI� � �i �/��_� Figure 23 The NVCAP Item 11: Staff Report Pg. 190 Packet Pg. 565 of 692 31 Land Use Development Potential by Land Use NVCAP aims to achieve the following targets for these land uses within the plan area: • Allow up to 530 new dwelling units; • Approximately 2 acres of public open space; • 16,600 square feet of commercial development including existing and new local retail and professional services. Table 3 Existing and Future Development Potential by Land Use Residential 142 units 672 units (units) Parks (acres) 0 acres 1.9 acres Office (sq.ft.) 744,000 sq.ft. 466,000 sq.ft. Retail (sq.ft.) 111,200 sq.ft. 103,700 sq.ft. 4eend High Density Mixed -Use High Density Residential Medium Density Mixed -Use Medium Density Residential Low Density Mixed -Use Low DensityResidential Open Space PubficFacilitesArea' • — Project Boundary 32 North Ventura Coordinated Area Plan Figure 24 NVCAP Land Use Framework Item 11: Staff Report Pg. 191 1• : / 33 Packet Pg. 566 of 692 Residential The NVCAP land use framework is principally focused on supporting a variety of housing options a diverse range of unit sizes and bedroom configurations. and price points to support Palo Alto residents at different stages of life. Residential density will depend on its location within the Plan Area. For example, mixed use midrise development will be encouraged along commercial corridors whereas townhomes will be encouraged adjacent to existing residential development. The land use designations listed below are calibrated for a wide range of multi -family housing typologies: High -Density Mixed Use The high -density mixed -use designation is located along the southern segment of El Camino Real. The designation is intended to support five- to six -story mid -rise apartment buildings. This designation requires active uses for ground floor frontages with retail requirements at specific nodes along El Camino Real, to support its role as a regional commercial corridor. The designation requires that upper stories be residential. Figure 25 Example of High -Density Mixed Use in Palo Alto Medium -Density Mixed Use The medium -density mixed -use designation is located on the northern segment of El Camino Real and Page Mill Road. The designation is intended to support four- to five -story mid -rise apartment buildings. This designation requires active uses for ground floor frontages with retail requirements at specific nodes along El Camino Real, to support its role as a regional commercial corridor. The designation requires that upper stories be residential. Figure 26 Example of Medium -Density Mixed Use in Palo Alto North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 192 Low -Density Mixed Use The low -density mixed -use designation serves as a transition between the high -density mixed - use area and the low -density residential areas located in the interior of the plan area. The designation area is also located along Ash Street and Portage Avenue, to support mid - to -low-rise multi -family development near the proposed public park. Active ground floor uses are encouraged but not required. Residential is required on the upper floors. Figure 27 Example of Low -Density Mixed Use in Palo Alto Figure 29 Example of Medium Density Residential in Palo Alto High -Density Residential The high -density residential designation is located on the large 395 Page Mill Road site and is targed towards development on the surface parking lots. Item 11 Attachment G: Final Draft NVCAP Medium -Density Residential The medium -density residential designation is located at the 340 Portage Avenue site to support the long-term goal of supporting additional housing in the plan area. The designation requires that both the ground floor and upper floors are residential use. The designation is intended to support a mix of townhouses and mid -rise apartments. Allowable heights are calibrated to support sensitive structures such as the Cannery building. Low -Density Residential The low -density residential designation is calibrated to both facilitate new housing development while also being sensitive to the existing single-family neighborhood fabric - located along Pepper Avenue and Olive Avenue. This area of existing single-family homes has been designated as an area of stability and will not experience a significant degree of change. Figure 28 Example of High Density Residential in Palo Alto Figure 30 Example of Low Density Residential in Palo Alto Packet Pg. 567 of 692 M Table 4 Proposed NVCAP Development Standards Item 11 Attachment G: Final Draft NVCAP High -Density Mixed Use 61-100 5x65 3.0:1 NV-MXH _.._._.._.._.._.._.._.._.._..._.._.._.._..._.._.._.._._.._.._.._._.._.._.._._.._.._.._.._._._.._.._.._._.._.._.._._.._.._.._.__.._......._.._.._......._.._.._.._.._.._..__._.._.._.._._.._.._.._._..__.._.._._.._.._.._._.._.._.._._._.._._.. Medium -Density Mixed -Use 31-70 45g55 2.0:1 NV-MXM _.._..._.._.._.._.._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._.._.._.._.._.._.._._.._.._.._..._.._.._.._..._.._.._.._...__.._......._.._.._......._.._.._.._.._.._..__._.._.._.._._.._.._.._._..__.._.._.._.._.._.._._.._.._.._._._.._._.. Low -Density Mixed Use 3-17 3835 0.5:1 NV-MXL 11 High Density Residential 61-100 5x65 3.0:1 NV -R4 — — .. Medium Density Residential 16-30 35°4 1.5:1 NV -R3 %- ; Low Density Residential 1 or 2 units/lot 30 0.45:1 NV -R2 NV-Rl Public Facilities and Open Space n/a n/a n/a NV-PF developmentnendardr -. '.t - L --'.g w u Affordable Housing Existing Uses I IJ , .iEUE i_..i To bolster the City's affordable housing program, Existing land uses are permitted to remain in I *^ new townhome ownership projects across the place and continue operations. Existing buildings - plan area would provide 20% inclusionary obelow or land uses which become nonconforming .I o - market rate (BMR) units. For all other housingtypes, as a result of the new zoningand land use both ownership and rental, a 15% inclusionary BMR classifications are governed by the provisions requirement would apply. In accordance with the in the Zoning Code regarding nonconforming Palo Alto Municipal Code (PAMC), in -lieu fees may buildings and uses. Certain limits are established _ be paid in certain circumstances, for repairs, additions, restoration, expansion, and occupancy after an extended vacancy. See PAMC - Proposed 100% below -market -rate (BMR) projects 18.70 (Nonconforming Uses and Noncomplying in the NVCAP are eligible for an additional height Facilities) for applicable requirements. - bonus through either the State Density Bonus or the - City's Housing Incentive Program. _ Open Space This land use designation is located in the southeastern corner of the plan area. This will include the approximately 2 acre public open space _ I as well as the re -naturalization of the Matadero 14 Creek between Park Boulevard and Lambert - Avenue. , 36 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 193 P Packet Pg. 568 of 692 v+ i us Ground Floor Edges The street level is the most important interface between a building and the public realm. Each development should define and animate the street level, exploring active uses, transparency, and engaging design. For design standards and guidelines, go to: Chapter 5: Site and Building Design Legmnd _ Required Retail Edge Required Active Edge Encouraged Active Edge Residential Edge • — Project Boundary 38 North Ventura Coordinated Area Plan Figure 32 NVCAP Ground Floor Item 11: Staff Report Pg. 194 Packet Pg. 569 of 692 39 Active Ground Floor Uses To create a pedestrian -friendly environment and visual interest on the ground floors of buildings, new development within within designated areas of high -density and medium -density mixed -use designations will provide active uses on frontages facing a public right-of-way, greenway, or park, to the degree feasible. Retail or retail -like uses are required at specific frontages facing El Camino Real and encouraged along Park Boulevard. By requiring ground floor commercial uses at select nodes along prominent corridors, NVCAP is supporting the ability for residents to walk to everyday services and subsequently reduce the number of cars on the road. See Figure 32 on Page 38-39 for locations of the designated active use areas. Active uses include but are not limited to the following: • Neighborhood -serving retail which provides goods and services that people would frequently use to take care of their personal and household needs. Examples include grocery stores, drug stores, restaurants, dry cleaners, hair salons, etc. • Office use, limited to no more than 5,000 sq. ft. for the parcel. Office use may include General Business, Medical, and Professional; use should be neighborhood serving. • Public Uses including a community room and daycare. • Building lobbies. • Spaces accessory to residential uses, such as fitness rooms, workspaces, leasing offices, shared kitchens, and mail rooms. • Building frontage for mechanical equipment, transformer doors, parking garage entrances, exit stairs, and other facilities necessary to the operation of the building are excluded from this requirement. Figure 33 Building lobbies and other accessory spaces to residential uses are considered active uses. Att Retail Frontage Where ground floor retail is required within the Plan Area, an urban edge should be created to foster healthy street life. This includes storefronts with tall floor to ceiling heights to foster visibility and transparency for homegrown businesses. Traditional retail such as food and beverage establishments are a subset of active uses. Residential Frontage Residential stoops, porches, patios, terraces, and frontage courts create a social edge to a neighborhood street. When set back by a small distance and vertically above the sidewalk grade, they can also ensure privacy at a comfortable social distance for a residential unit. Figure 34 Neighborhood -serving retail along major boulevards like El Camino Real. Figure 35 Residential stoops should be set back and elevated to provide privacy for residents. 40 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 195 p Packet Pg. 570 of 692 Mobility The envisioned mobility framework for the NVCAP will provide an array of high -quality mobility options on safe, low -stress, and visually interesting streets. Pedestrian and bicycle facilities will be designed for people of all ages and abilities, and accessible paths to transit will include wayfinding signage and other amenities. Streets and intersections will be designed to prioritize local circulation and access and to encourage low vehicle speeds. The planned improvements will be fully integrated into the surrounding neighborhoods to ensure seamless connections for all users. For design standards and guidelines, go to: Chapter 3: Public Realm Chapter 4: Accessibility and Mobility Legend Bicycle Boulevards Vehicular Movement Improved Streets California Avenue Caltrain -----D Private Connection i Major Intersection Park Trail Improvements iii.u) First Mile/ Last Mile Connections Minor Intersection Improvements Woonerf 0 Bus Stops Vehicular Street on Private Property 0 hafflc Signals Surface Parking —.— Project Boundary QPotential Location for Mobility Hub 42 North Ventura Coordinated Area Plan /'-1 r / —' !( �h PUU /I /. Figure 36 NVCAPMobilityFramework Removed other buffers for clarity and corrected the 1/2 mile buffer; Removed two park trail paths to retain single creek crossing. Item 11: Staff Report Pg. 196 1 Packet Pg. 571 of 692 43 2.4 Project Goals Transit, Pedestrian, and Bicycle Connections Create and enhance well-defined connections to transit, pedestrian, and bicycle facilities, including connections to the Caltrain Station, Park Boulevard, and El Camino Real. Connected Street Grid Create a connected street grid, filling in sidewalk gaps and street connections to California Avenue, the Caltrain Station, and El Camino Real where appropriate. Community Facilities and Infrastructure Carefully align and integrate development of new community facilities and infrastructure with private development, recognizing both the community's needs and that such investments can increase the cost of housing. Item 11 Attachment G: Final Draft NVCAP UiJI!1iTt ' ii iii El i r ' Central to the vision for a re -imagined North Ventura neighborhood is a shared street, or "woonerf," along Portage Avenue. Woonerf ("street for living") is a Dutch term for an integrated, common space shared by pedestrians, bicyclists, and low -speed motor vehicles. They typically have no curbs or sidewalks, and vehicles are slowed by trees, planters, parking areas, and other traffic calming devices in the street. In addition to becoming a great space for walking and bicycling, the Portage Avenue woonerf can provide a placemaking space for community gatherings, events, retail, and other flexible uses. 7.. ',fir. 1 Mw44 LI.. Figure 38 View of the Bell Street Woonerf in Seattle, Washington 2.4 Item 11 Attachment G: Final Draft NVCAP Shared Paths Bike Network The NVCAP will feature a high -quality, "low - stress" bikeway network that will be comfortable for people of all ages and abilities to use. The proposed network will be integrated into the citywide network to ensure safe, convenient connections to the adjacent neighborhoods. This will be achieved by selecting bicycle facilities that prioritize safety and comfort based on vehicle speeds and volumes, and with intersections that have appropriate bike -specific crossing treatments and traffic control. Wayfinding signage and ample bicycle parking are also integral elements of the network. The bicycle network will support a range of users, including the future integration of scooters, e -bikes, and other micromobility devices. The low -stress bike network will include separated bicycle lanes on busier streets, bicycle boulevards on calmer neighborhood streets, and well -designed intersections throughout the project Plan. Shared -Use Paths are off-street, two-way bikeways physically separated from motor vehicle traffic and used by people bicycling, walking, and other non -motorized users. Separated Bike Lanes are dedicated bikeways that combine the user experience of a multi- use path but are located on a street. They are physically distinct from the sidewalk and separated from motor vehicle traffic by physical objects such as parked vehicles, a curb, green stormwater infrastructure, or posts. Shared -Use Separated Path Bike Lane r OY Buffered Bike Lanes provide dedicated on -street space for bicyclists delineated with a designated buffer space separating the bicycle lane from the adjacent motor vehicle travel lane. Bicycle Boulevards are streets with low vehicle volumes and speeds, designated and designed to prioritize bicyclists. Bicycle boulevards use signs, pavement markings, and speed and volume management measures to discourage vehicle cut -through trips and include safe, convenient bicycle crossings of busy arterials. The 2012 Bicycle and Pedestrian Transportation Plan includes a potential future grade -separated pedestrian and bicycle crossing of Caltrain/ Alma Street, either near Matadero Creek/ Park Boulevard or between Margarita and Loma Verde Avenues. This project is outside of the NVCAP boundary but will close the gap between existing crossings and greatly improve east -west connectivity in conjunction with other improvements. Gateway Intersections The intersections surrounding the Plan Area will be enhanced to improve access, safety, and connectivity to adjacent neighborhoods. This is particularly important for pedestrian and bicycle safety, as the current intersections' designs largely prioritize vehicular speed and access. New design guidance and signal technology advancements offer options for improved intersection interactions between people walking, biking, and driving. In particular, intersections on the bicycle network with a high potential for conflicts between bicycles and vehicles must be designed thoughtfully. Buffered Bike Boulevard Bike Lane t riu +� Woonerf -.-4 Separated �Ec Bike Lane Bike Boulevard 1 :;;;;•,., 'n> External Bike s -----� Publicly Accessible Shared Paths on Connections r Private Property — - — Project Boundary RFq� — ; .2' ' 1/7 ". ry 'R a Figure 40 NVCAP Bike Network Framework Table 5 Bicycle Facility Classifications El Camino Real Ash Street ........................... .. Park Boulevard ....................... Page Mill Road ........................... .. Olive Avenue Separated Facilities Dedicated Facilities Shared Facilities Portage Avenue Figure 39 Bike Facility Degree of Separation 46 North Ventura CoordinatedArea Plan Item 11: Staff Report Pg. 198 Page Mill Road Page Mill Road ............. ............. Acacia Avenue .._........-....._...._.. Page Mill Road .......................... El Camino Real ............................. El Camino Real El Camino Real Lambert Avenue Olive Avenue ........... ... ........ Lambert Avenue ................................ Lambert Avenue ......................... Park Boulevard ................................ Park Boulevard Ash Street Separated and/or Buffered Bike Lane along segment Shared Use Path Bicycle Boulevard ................................................ _ .... Buffered Separated Bike Lanes Separated or Buffered Bike Lanes ..................................................... Bicycle Boulevard with Wide Sidewalks Shared Use Path or Bicycle Boulevard Ash Street Park Boulevard Woonerf or Shared Use Path Packet Pg. 573 of 692 47 2.4 Transit The success of transit is strongly dependent upon the level of convenience that is offered to the patron. Currently, the North Ventura neighborhood contains two transit stops: a mid - block stop located at El Camino Real and Portage Avenue and a far -side stop located at El Camino Real and Page Mill Road. The mobility framework focuses on designing intuitive, accessible, and safe routes to transit through priority pedestrian and bike streets, wayfinding signage to navigate to Caltrain, enhanced bus stop amenities for passengers, and a mobility hub along Portage Avenue. Vehicles Circulation and Parking The mobility framework serves the needs of existing and future development with vehicle and parking strategies aimed to prioritize local circulation and access, encourage low speeds, and determine right -sized parking capacity. To support local access and mitigate cut -through traffic, the Plan proposes to convert Ash Street from Page Mill Road to Olive Avenue into a one- way southbound street. Olive Avenue from Ash Street to El Camino Real will remain a two-way street. Vehicular traffic on the woonerf on Portage Avenue is permitted but should be discouraged. Vehicle circulation in this area will be primarily for access to buildings located on the woonerf. Acacia Avenue from Ash Street to Park Boulevard will be a private aisle for accessing residential frontage on Acacia Avenue for parking and unloading. In compliance with AB -2097, no parking minimums are to be set as the neighborhood is near a Caltrain Station. However, there will also be no parking maximums, allowing the neighborhood to follow a market -based regulatory approach. No new surface parking is proposed, and new parking supply should be implemented on the ground or basement levels of new buildings. Where new buildings are not proposed, existing surface parking spaces are to remain to support remaining commercial offices. Street parking is to remain in front of single-family homes on Pepper Avenue and Olive Avenue, with no new street parking proposed along new developments. Street parking near intersections should be restricted to ensure large vehicles and emergency vehicles are able to safely make turns. To support the new ground -floor retail and active use frontage in new buildings, short-term parking should be implemented on the ground or basement levels of the new developments. Transportation Demand Management (TDM) Strategies TDM strategies can be effective at encouraging fewer trips made by single -occupancy vehicles (SOV). An effective TDM Plan ensures that alternative modes of transportation, such as walking, bicycling, public transit, or other forms of shared mobility, are made available to site occupants and nearby community members. TDM enhancements have additional benefits beyond reducing SOV trips, including: • Improving the environment by reducing traffic congestion and air quality impacts produced by new development. • Improving transportation circulation and safety conditions for community members. • Quality of life enhancements that improve the public realm. Legend Vehicular Movement Vehicular Street Vehicular Street on Private Property Surface Parking OMajor Intersection Improvements OMinor Intersection Improvements Traffic Signals Figure 41 NVCAP Vehicle Movement and Parking Framework Packet Pg. 574 of 692 48 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 199 49 a Ecology and Sustainability NVCAP's ecological framework takes direct inspiration from the City's Sustainability and Climate Action Plan, putting forward design strategies that collectively expands the definition of sustainability. This framework goes beyond mitigation, adaptation, and resilience, but grounded in regeneration - identifying opportunities for renewal, restoration, carbon sequestration, and growth of the natural environment. The future streets, parks, natural areas, and buildings will restore and enhance habitat and pollinator pathways, flood protection and stormwater management, cleaner air and cleaner water, and healthier habitats for current and future generations. For design standards and guidelines, go to: Cha pter 3: Public Realm Chapter 4: Accessibility and Mobility Chapter 5: Parks and Open Space Chapter 6: Site and Building Design 50 North Ventura Coordinated Area Plan GREEN ROOFS III ,F Item 11 a GREEN STORMWATER Attachment G: Final Draft NVCAP INFRASTRUCTURE _ R D • PATHWAYS i; ENHANCED URBAN FOREST Figure 42 NVCAP Ecology and Sustainability Framework Item 11: Staff Report Pg. 200 4 COMMUNITY OPEN SPACE NATURALIZED MATADERO CREEK � r ii - II � II I I I D ECOLOGICAL CORRIDORS AND HABITAT yyy ENERGY EFFICIENT i BU ILDINGS Figure modified to show g 51 Packet Pg. 575 of 692 2.5 Public Park Located in the southeast corner of the Plan Area, NVCAP proposes to transform a surface parking lot into a new public park that is approximately two acres. The potential future naturalization of Matadero Creek between Park Boulevard and Lambert Avenue serves as the organizing framework for the park's design and neighborhood destination, inviting Palo Alto residents, employees, and visitors to enjoy access to recreational activities, habitat, and inclusive community programming. Shared multi -use pathways weave through the park, providing access to the Creek and seamless connections to the citywide pedestrian and bicycle network, ensuring that the park is a beloved city asset that can be enjoyed by the entire community. The primary entrance to the park is along the proposed Portage Avenue woonerf directly across from the historic Palo Alto Cannery, creating an iconic activity node. The design of the proposed Portage Avenue woonerf supports a natural extension of the park to the renovated Cannery building. pAm e -r- � �/7 ACTIVE ZONES kp COMMUNITY '� GARDENS �+wr1 %mow'• RRRR ', ..- �RVATION DECK -I- \ /i MULTI -USE OPEN SPACE j � -9S �_i ��+,•;, SAFE CONNECTION TRFZ-- ` + ; TO BOULWARE PARK Figure 43 A conceptual design for the future public park Att Matadero Creek NVCAP proposes future re -naturalization of a section of the Matadero Creek, removing the existing U-shaped concrete channel and replacing it with a widened, natural channel. The goals of a renaturalization project are to provide community benefits, re-establish riparian ecosystem habitat, and avoid adverse impacts on hydraulic performance and flood risks. The NVCAP supports a widened natural corridor with an area available for riparian plantings, creative landscape architecture design, and increased recreation access. This concept includes replacing the Lambert Avenue bridge with a longer span and widening the creek channel from approximately 30 feet wide to 100 feet wide. Green Stormwater Infrastructure As an integral part of the Plan Area's ecological and sustainability framework, the public realm consists of a coordinated network of multi- functional landscapes that effectively manage stormwater, create pollinator pathways, mitigate the urban heat island effect, and create usable public spaces for all to enjoy. Figure 44 An example of a restored creek in San Luis Obispo, CA. Figure 45 An example of green stormwater infrastructure integrated with street furnishings. 52 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 201 53 P Packet Pg. 576 of 692 r AM 2.6 Urban Form NVCAP's Urban Form framework champions the design of buildings that are respectful neighbors, human -scaled, and embrace the street. New development will respond to the surrounding context such as building up to El Camino Real while creating a gentle transition to quieter residential portions of the neighborhood. The Urban Form framework was developed taking into account the existing neighborhood in the plan area, including the existing residential neighborhoods. In addition to creating a well-connected neighborhood accessible by all modes of transportation, the framework also evaluated transitions between the future development and existing neighborhoods, as well as between private development and the public realm. This informed the building standards and site design standards for the plan area. The design standards and guidelines for the public realm, public park, and buildings are laid out in the subsequent chapters. The standards and guidelines will create a complete and well-connected neighborhood that is respectful of the existing urban fabric and achieve the goals of the plan. For design standards and guidelines, go to: Chapter 6: Site and Building Design Figure 46 Internal streets have height allowances that are conducive with missing middle housing like townhomes. Item 11 Attachment G: Final Draft NVCAP Ik Figure 47 Urban form design standards requires setbacks and stepbacks for new development that is adjacent to single family zoning. 54 North Ventura Coordinated Area Plan yI � Item 11: Staff Report Pg. 202 Packet Pg. 577 of 692 55 Item 11 Attachment G: Final Draft NVCAP Public Realm 3.1 Sidwalk Zone 3.2 Traffic Lanes and Intersections 3.3 Green Infrastructure 3.4 Paving 3.5 Exterior Lighting 3.6 Wayfinding 3.7 Public Art The public realm is a connective tissue of streets, parks, plazas, and natural spaces that weaves throughout the neighborhood, serving as an organizing framework for future development while fostering inclusive, experience - rich spaces for the entire Palo Alto community. Building on the 2030 Comprehensive Plan's Urban Design Vision, the Plan Area's public realm will 'serve as centers for public life with gathering places, bicycle and pedestrian access, safety - enhancing night-time lighting and clear visual access, and, in some cases, small- scale retail uses such as cafes.' The standards and guidelines layout a planned, intentional, well -designed public realm network that works in unison to achieve multiple goals: • Aesthetically pleasing, context - appropriate streets that enhance residents' quality of life and Palo Altos reputation as 'a gracious residential community.' • A comprehensive multi -modal network that provides equitable access to clean, safe, and reliable mobility options and seamlessly connects to the larger citywide transportation network. • Open spaces that blend people places with green stormwater infrastructure to provide new social gathering outdoor rooms while showcasing climate -positive design. Item 11: Staff Report Pg. 203 1 Packet Pg. 578 of 692 Item 11 Attachment G: Final Draft NVCAP Mixed -Use Frontage Figure48 The Sidewalk Zone Residential Frontage Sidewalk Zone Sidewalk Zone design is important for creating a safe, accessible, and attractive urban environment that caters to the needs of pedestrians and cyclists. The City has established design guidelines and required standards for sidewalk improvements outlined in PAMC Section 18.24.020 that are applicable to development in the NVCAP. The design elements apply to the three distinct sidwalk zones: Frontage, Sidewalk, and Street. Below is description of the zones and objective design standards. For additional information please refer to the respecitve PAMC section. Community Facilities and Infrastructure Carefully align and integrate development of new community facilities and infrastructure with private development, recognizing both the community's needs and that such investments can increase the cost of housing. For more , goinformation p err4et dimensions, go to: Chapter 4: Accessibility and Mobility Table 6 Allowed Features by Sidwalk Zone Sidewalk Street Building Pedestrian Clear Frontage Area Landscape/ Vehicle/Bike Lanes Setback Zone Furniture Zone Mixed -Use • Sidewalk • Street Trees/ • Street Parking • Sidewalk Dining Planting , Bike Lanes • Outdoor Displays Street Lighting Drop-off Zones • Public Art Seating Parklets • Seating • Bike Parking Bus Stops • Trees/Planting • Public Art Residential • Outdoor • Stoops Dining • Porches • Bus Shelters • Front Yards • Utilites(e.g., hydrants) • Trees/Planting Traffic Lanes and Intersections The neighborhood is bounded on the west and north by two major vehicular roads: El Camino Real, a major arterial, and Oregon Expressway, an street designed to move higher volumes of vehicles quickly and efficiently. However, most streets within the Plan Area are classified in the Comprehensive Plan as local/ collectors, designed to calm traffic and give pedestrians priority in terms of scale and facility. The plan is aligned with the recommendations of the National Association of City Transportation Officials (NACTO) which states that narrower lane widths such as 10 feet are appropriate in urban areas and have a positive impact on street safety without impacting traffic operations. Standards: The regulations that govern the requirements for traffic lanes and intersections are mentioned below. The information described here provides a general overview of requirements and is not intended to replace the regulations referenced. 3.2.1 Local Street Traffic Lane Width All vehicle traffic lanes on local streets shall have a width of 10 feet. 3.2.2 California Fire Code All roadway configurations shall comply with the California Fire Code. This includes the following: • Roadway widths shall accommodate aerial fire apparatus set up at strategic locations for buildings over 27 feet tall. • Walkable pathways shall be a minimum of 16 feet wide and support fire apparatus weights if vehicle traffic circulation is being restricted. 3.2.3 Crosswalk Treatments sn•R All crosswalk surfacing and treatments shall follow the Americans with Disabilities Act (ADA) specifications. 3.2.4 Intersection Enhancements All intersection enhancements shall select from the following toolbox: • High visibility marked crosswalks. • Raised crosswalks. • Advance stop bars and yield lines. • Daylighting to improve sightlines by removing parking adjacent to the intersection. • ADA-accessible, bi-directional curb ramps. • Curb extensions or bulb -outs. • Bicycle detention and markings to indicate the position and path for bicyclists to cross the intersection. • Traffic signals. • Accessible pedestrian signals at intersections with clear markings, audio, and braille messaging. • Leading pedestrian intervals at signalized intersections for pedestrians to establish their presence in the crosswalks before vehicles proceed. • Green Stormwater Infrastructure Guidelines: 3.2.5 Artful Intersections To enhance the aesthetics and vibrancy of the roadway, key intersections and crosswalks should be evaluated for the inclusion of public art, such as unique pavers, intersection murals, or crosswalk artwork, where appropriate. For additional information, refer to the Public Art Program provisions and Public Art Master Plan. 58 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 204 59 p Packet Pg. 579 of 692 3.3 Item 11 Attachment G: Final Draft NVCAP Green Infrastructure As an integral part of the Plan Area's ecological network, the public realm will consist of a coordinated network of green stormwater infrastructure intended to implement the Comprehensive Plan's vision to "provide ecological and health benefits and a source of beauty for residents. Palo Alto will strive for clean air and clean water." Inspired by natural systems, the following standards and guidelines for green stormwater infrastructure and the urban forest are aimed at creating multi -functional landscapes that: • Effectively manage stormwater. • Create pollinator pathways. • De -pave unnecessary hardscaped areas to mitigate the urban heat island effect. • Create usable outdoor rooms which are an extension of parks and plazas. The regulations that govern the requirements for green stormwater infrastructure and tree protection are mentioned below. The information described here provides a general overview of requirements and is not intended to replace the regulations referenced. 3.3.1 Green Stormwater Infrastructure Green stormwater ifrastructure is built into our urban environment to collect, slow, and clean stormwater runoff through the use of natural processes. Development is subject to the requirements of the regional permit (San Francisco Bay Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit) and local regulations. For details on local requirements, see the Green Stormwater Infrastructure (GSI) Plan and PAMC 16.11, Stormwater Pollution Prevention. 3.3.2 Street Trees Palo Alto boasts a large population of trees and has been acknowledged by both the State of California and the National Arbor Day Foundation as a Tree City -USA. Preserving and r 1 r Sustainability and the Environment Protect and enhance the environment, while addressing the principles of sustainability. I enhancing the City's urban tree canopy is key consideration for all development, especially for vision of the new neighborhoods within NVCAP. For tree preservation requirements, PAMC Chapter 8, Trees and Vegetation, provide standards for both public and privately owned trees. These requirements apply to all trees and landscaping within the public right of way. For privately owned trees, specific native mature trees are subject to the tree protection requirements. Please refer to the PAMC for more details. For new development requiring street trees, property owners shall consult with the City's Urban Forestry division to determine the appropriate street tree. Tree species should be selected based on a combination of their aesthetics and their ecological performance benefits and contextual placement. Where space allows, either on private setbacks or within the sidewalk zones, the planting of a second row of street trees is encouraged. 3.3.3 Pollinator Pathways The adopted Palo Alto Parks, Trails, Natural Open Space, & Recreation Master Plan identifies Portage Avenue and Park Boulevard as Pollinator Pathways. Street design for these streets shall integrate native plantings (e.g. riparian, grassland, or oak woodland), and specific habitat plantings to support pollinators such as hummingbirds and butterflies. Figure 49 Bioretention 60 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 205 p Packet Pg. 580 of 692 Item 11 Attachment G: Final Draft NVCAP Paving Paving is a key component that will help define the character, connectivity, and identity of the North Ventura neighborhood's varied streets and open spaces. A hierarchy of paving materials on streets like El Camino Real, Portage Avenue, and Park Boulevard can help create clear wayfinding and contributes aesthetically to the neighborhood. Standards: 3.4.1 City Standards All street paving shall meet City of Palo Alto Sidewalk Standards per PAMC 12.08 and be approved by the city engineer or designate. 3.4.2 Solar Reflectance Index (SRI) Materials that reduce the urban heat island effect by using pavement with a Solar Reflectance Index (SRI) of 29 or higher shall be selected for use. 3.4.3 Portage Avenue Special Paving The Portage Avenue Woonerf shall incorporate a special paving pattern. The use of contrasting, tactile, and high -quality paving that distinguishes the bike lanes and vehicle lanes with a curbless street that prioritizes pedestrians, gathering and spill -over activities is encouraged. Figure 50 Light colored pavement reduces the urban heat island effect. 62 North Ventura Coordinated Area Plan Guidelines: 3.4.4 Responsible Material Use Paved areas should be made of sustainable paving materials, including recycled, local, and sustainable sourced materials. Consider opportunities for the reuse of demolition waste from the site. 3.4.5 Accent Paving at Intersections Street improvement projects should install accent paving at key intersections and raised crossings. . 3.4.6 El Camino Real Special Paving In coordination with Caltrans and VTA, the segment of El Camino Real within the neighborhood should incorporate a special paving pattern that reflects its position as a Grand Boulevard. The paving material should extend into the private setback along active ground floor uses to create a more comfortable and welcoming public space for adjacent businesses. 3.4.7 Pervious Paving for Green Stormwater Infrastructure Large hardscaped areas such as parking areas, sidewalks, and driveways could utilize types of pervious pavements to reduce ponding, recharge groundwater, and prevent stormwater pollution. For more information C intersections go to: Chapt er 4: Accessibility and Mobility Exterior Lighting Adequate exterior lighting should be provided in all dedicated open spaces and along all streets and greenways to ensure clear wayfinding and safe pedestrian passage. Lighting design also has an opportunity to support habitat and mitigate light pollution, allowing current and future generations to be able to look up and clearly see the night sky. The information described here provides a general overview of requirements and is not intended to replace established relevant regulations unless specifically noted. Standards: 3.5.1 Light Fixtures within Right -of -Way All exterior light fixtures in the right-of-way shall meet City of Palo Alto standards per PAMC 12.08 and be approved by the City. 3.5.2 Fully -Shielded Fixtures All exterior light fixtures shall be fully shielded to minimize glare, light trespass, and light pollution throughout the neighborhood. 3.5.3 Dark Sky Compliant Exterior light fixtures shall meet or exceed applicable energy -efficiency standards while adhering to recommended kelvin temperature specified by the International Dark Sky Association (2700) to prevent negative health impacts on humans and wildlife except where otherwise required for safety. This standard shall be applicable until the City adopts the Citywide ordinance on Dark Sky standards. 3.5.4 Key Pedestrian Routes and Scale Lighting shall reinforce key active transportation streets and all lighting shall be scaled to the pedestrian and bicycle experience. 3.5.5 Safety spots" that would inhibit visual accessibility. Guidelines: 3.5.6 Habitat Areas If lighting is appropriate in the proposed public park adjacent to the Creek and sensitive habitat areas, light fixtures should be equipped with motion sensors or timers to not disrupt the circadian rhythms of wildlife. 3.5.7 Retail / Active Use Areas Lighting on private property along El Camino Real and Portage should incorporate signature fixtures and a variety of special lighting types Figure 51 Dark sky compliant exterior light fixtures helps mitigate light pollution and the health of both humans Lighting shall allow facial recognition along paths and wildlife. of travel. Lighting shall not create glare or "hot Item 11: Staff Report Pg. 206 1 Packet Pg. 581 of 692 63 Item 11 Attachment G: Final Draft NVCAP Wayfinding The design and integration of wayfinding is an effective tool that can celebrate the neighborhood's history, foster a sense of place, and support clear and predictable navigability for residents, employees, and visitors. Standards: 3.6.1: Caltrans Standards Roadway signage shall comply with the California Manual on Uniform Traffic Control Devices (MUTCD), and California Sign Specifications. 3.6.2: City Standards Active Transportation signage shall adhere to the Design Standards included in the City of Palo Alto's Bicycle and Pedestrian Transportation Plan; the regulations in Sign Ordinance, PAMC 16.20 may also apply. Guidelines: 3.6.3: Shared Use Signage Curbless streets such as Portage Avenue Woonerf should have signage that indicates the delineation of the right of way for pedestrians, bicycles, and vehicles. Shared trails within the public park should include signage indicating the shared use area at pedestrian and bicycle eye level. 3.6.4: Celebrate the Cannery and Other Landmarks Signage and wayfinding should take cues from neighborhood landmarks like the Cannery by correlating graphically and emulating a consistent color and material palette. 3.6.5: Neighborhood Maps and Directional Signage Area -specific maps and directional signage that highlights nearby destinations along pedestrian pathways should be installed at major gateways into the neighborhood. 3.6.6: Mile Markers and Educational Placards The use of mile markers and educational and interpretive placards can be placed along the trails along Matadero Creek to inform visitors about the re -naturalization process and subsequent ecological benefits. Figure 52 Neighborhood map and directional Public Art Building on the City's legacy of commissioning iconic public art within urban centers like Downtown Palo Alto and California Avenue, the integration of new and diverse public art can contribute significantly to the sense of place within the neighborhood. This plan is aligned with the City of Palo Alto's Public Art Master Plan's guiding principles which state that Palo Alto's public art will: • Be distributed citywide, focusing on areas where people gather and in unexpected places that encourage exploration; • Represent a broad variety of artistic media and forms of expression; • Enhance City infrastructure, transportation corridors, and gateways; • Include both permanent and temporary artworks; • Strive for artistic excellence; • Be maintained for people to enjoy. Guidelines: 3.7.1 Location of Public Art Public art should be located at major social engagement areas such as the proposed public park and the Cannery Building, along transportation corridors such as El Camino Real, Portage Avenue, and Park Boulevard, and at major gateway moments announcing that you are entering the neighborhood. I Figure 53 The location of public art such as Passages by Susan Zoccola should be located at the public park, major transportation corridors and major gateways. signage are effective wayfinding tools for visitors to the area. 64 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 207 65 p Packet Pg. 582 of 692 Item 11 Attachment G: Final Draft NVCAP Accessibility and Mobility 4.1 Pedestrian Realm 4.2 Bike Network 4.3 Gateway Intersections 4.4 Street Sections 4.5 Transit Access 4.6 Vehicle Circulation and Parking 4.7 Transportation Demand Management Vibrant, pedestrian -oriented, and visually interesting streets will be the setting for the future of the North Ventura neighborhood. With generous and active sidewalks, traffic calming devices, and low -stress bicycle facilities, the street network will provide a variety of options to travel safely and conveniently through the neighborhood. Building on the 2030 Comprehensive Plan, Palo Alto Bicycle and Pedestrian Plan, and Grand Boulevard Palo Alto Safety Study, the plan supports the implementation of the City's vision to 'build and maintain a sustainable network of safe, accessible and efficient transportation and parking solutions for all users and modes, while protecting and enhancing the quality of life in Palo Alto. Programs will include alternative and innovate transportation processes, and the adverse impacts of automobile traffic on the environment in general and residential streets in particular will be reduced. Streets will be safe, attractive and designed to enhance the quality and aesthetics of Palo Alto neighborhoods. Palo Alto recognizes the regional nature of its transportation system, and will be a leader in seeking regional transportation solutions, prioritizing Caltrain service improvements and railroad grade separations.' The following street sections, which include street design standards and guidelines, are intended to illustrate the long term vision of the NVCAP mobility network. The design of the new streets will be built out over time. Item 11: Staff Report Pg. 208 Packet Pg. 583 of 692 Item 11 Attachment G: Final Draft NVCAP Pedestrian Realm The NVCAP aims to create a fully connected, accessible, and prioritized network of wide, tree -lined sidewalks with regular maintenance, promoting walkability, safety, and connections for all residents. Portage Avenue, Park Boulevard, and Olive Avenue will be prioritized as walking routes to the California Avenue Caltrain Station and bus stops along El Camino Real, offering convenient alternatives to driving. Establishing publicly accessible private paths to bridge existing gaps will further ensure a fully connected pedestrian network within the plan area. Standards: 4.1.1 Pedestrian -Friendly Street Design The NVCAP shall feature a fully connected, ADA-accessible sidewalk network with enhanced intersections promoting pedestrian safety and accessibility while collaborating with local disability organizations to ensure inclusive design throughout. 4.1.2 First/Last Mile Transit Connections To create safe and accessible walking routes to the California Avenue Caltrain Station and the bus stops along El Camino Real, routes along Park Boulevard shall be enhanced. The following are some design options that can be considered to meet this requirement: • Pedestrian -scaled lighting • Wider sidewalks • Wayfinding signage • Buffered bike lanes • Collaborating with developers to restrict new curb cuts, close old ones, and design for activated ground floor frontages. A signalized crosswalk at Page Mill Road/ Ash Street can be considered to open another accessible route to the Caltrain Station. 4.1.2 Woonerf A woonerf shall be developed on Portage Avenue between Ash Avenue and Park Boulevard, designed in accordance with the Portage Avenue Street Section Design Standards and Guidelines outlined in Section 4.4 and consider the following: • A row of street trees on either side of the main travel way to designate pedestrian priority areas adjacent to building frontages. • Signage emphasizing the presence of pedestrians and bicyclists. • Textured or permeable pavement designed to slow vehicle speeds and provide stormwater management benefits. • Pedestrian -scale lighting • Seating areas • Landscaping and Green Stormwater Infrastructure • Design elements that highlight the community's vision or character. Guidelines: 4.1.3 Publicly Accessible Private Path As indicated in the NVCAP Pedestrian Network (Figure 37 in Chapter 2), publicly accessible and shared private paths should be estsablished to contribute to the overall pedestrian network within the plan area. Bike Network The NVCAP will implement a high -quality, "low - stress" bike network, seamlessly integrated with the citywide system. This bike network, incorporating separated lanes for busier streets, boulevard treatments for calmer areas, and well -designed intersections, will prioritize safety and comfort for all users, including cyclists, future micromobility devices, and pedestrians. Wayfinding signage and ample parking will complete this network, encouraging travel by bike throughout the plan area and beyond. Standards: 4.2.1 Bicycle Facilities The standards for bike facilities vary depending on the streets within NVCAP. Table 5 in Chapter 2 on page 47 outlines the specific bike facility improvements required for each street section. These improvements range from shared use paths and buffered bike lanes to bike boulevards. 4.2.2 Compliance with Other Standards The bicycle network within the plan area shall comply with Citywide standards, including, but not limited to, the Bicycle + Pedestrian Transportation Plan. For El Camino Real, additional consideration shall be given to standards established by other relevant agencies. Guidelines: 4.2.3 Bicycle Support Facilities Facilities that support bicycle travel should be incorporated at various locations throughout the NVCAP. These include: Wayfinding signage along the bicycle network that provides information on routes, destinations, and distances. Bicycle parking: expand the availability of sidewalk bicycle parking, secure long-term bicycle parking, and install end -of -trip facilities at transit stops along El Camino Real and at the California Avenue Caltrain Station. These may be in the form of outdoor bicycle racks, indoor or outdoor bicycle lockers, or indoor bicycle parking cages for each tenant. Shower facilities and lockers at places of employment. 70 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 209 p Packet Pg. 584 of 692 Item 11 Attachment G: Final Draft NVCAP Gateway Intersections Recognizing the need to enhance the safety and experience for all users, the NVCAP will implement new design strategies for its gateway intersections. These crucial entry and exit points often face challenges in balancing the needs of pedestrians, cyclists, and drivers. By prioritizing safety at these intersections, the plan aims to create a more welcoming and accessible environment for everyone entering and leaving the plan area and to provide seamless connection to the rest of the city. NVCAP will pursue enhancements to the five gateway intersections listed: 1. El Camino Real and Page Mill Road 2. El Camino Real and Olive Avenue 3. El Camino Real and Portage Avenue / Hansen Way 4. Lambert Avenue and Ash Street 5. Park Boulevard and Portage Avenue iii3 '•• ° j 7i �ARkQOU`EY�Rci a J I... Fr nsys / �! 2J / C4�,jjN—. 4 i Figure 54 Map of Conceptual Gateway Intersection Design Improvements Figure 55 El Camino Real and Page Mill Road Conceptual Intersection Design Details regarding each intersection are provided in the following pages. For improvements to intersections along streets not owned and controlled by the City, specifically El Camino Real and/or Page Mill Road, approval from Caltrans and or the County is required. The City will work closely with other partnering agencies to further the goals and vision of the plan area, as well as adhere to the design standards and guidelines of partnering agencies. The NVCAP prioritizes well -designed gateway intersections, but acknowledges specific design details will be subject to future City -led efforts, ensuring flexibility and integration with evolving needs. Broader and more comprehensive analyses and engineering of gateway intersections is required to finalize design recommendations . This includes, but may not be limited to, an Intersection Safety and Operational Assessment Process (ISOAP) to identify the optimal design strategies for intersection types, geometry, and traffic control at gateway intersections. Gateway Intersection 1: El Camino Real and Page Mill Road The intersection of El Camino Real and Page Mill Road will be redesigned with specific transit, pedestrian and bicycle elements. At built -out, the eastbound right turn slip lane from Page Mill Road to El Camino Real would be removed, tightening the turning radius, and thereby reducing vehicular turn speeds and pedestrian crossing distances. In the near -term, the County has a plan to enhace this intersection without removal of the right -turn pork chop at the Palo Alto square corner. Separated bicycle lanes will provide dedicated space for bicyclists on El Camino Real, and they will also receive dedicated signal phasing to reduce conflicts with right -turning vehicles when Legend crossing Page Mill Road. Red pavement markings ADA Ramp will also indicate that buses can use the right -turn lanes to proceed forward across the intersection to far side bus stops with new transit boarding Bicycle Lone islands. _ Bus Lane _ Sidewalk 72 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 210 73 p Packet Pg. 585 of 692 Item 11 Attachment G: Final Draft NVCAP Gateway Intersection 2: El Camino Real and Olive Avenue The intersection of El Camino Real and Olive Avenue would be redesigned with high visibility marked crosswalks and bicycle elements would be painted across all approaches. While a traffic signal is not proposed for this intersection, other strategies should be explored to ensure improved pedestrian and bicycle access and safety across El Camino Real. Arrows to show correct directions for bicycles Legend ADA Ramp ® Bicycle Lane _ Sidewalk Figure 56 El Camino Real and Olive Avenue Conceptual Intersection Design Gateway Intersection 3: El Camino Real and Portage Avenue / Hansen Way Both slip lanes entering and exiting Hansen Way from El Camino Real would be closed and redesigned to include a dedicated bicycle cut-out to cross El Camino Real. Separated bicycle lanes will provide dedicated space to cyclists along El Camino Real. The existing northbound bus stop would be relocated to the far side of Portage Avenue with dedicated boarding islands separating transit users from cyclists. All existing crosswalks would be repainted to be high visibility, and the existing crosswalk at Portage Avenue will be straightened Legend across El Camino Real. Portage Avenue is currently proposed to be r ADA Ramp bicycle boulevard and woonerf. Alternatively, a two-way bikeway on Portage Avenue from Park ® Bicycle Lane Boulevard to El Camino Real may be included in Sidewalk the final design of this intersection. Figure 57 El Camino Real, Hansen Way, Portage Avenue Conceptual Intersection Design 74 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 211 75 p Packet Pg. 586 of 692 Item 11 Attachment G: Final Draft NVCAP Gateway Intersection 4: Lambert Avenue and Ash Street A raised crosswalk with advance yield lines would be located on the east side of the intersection. This will provide a direct connection for the proposed path along Matadero Creek between John Boulware Park and the proposed park on the NVCAP site. The segment of Ash Street adjacent to Boulware Park is being removed and will become a part of the park. Legend ADA Ramp Matadero Creek Modify to be consistent with the Boulware Park and Bird Street Property Renovation Project Sidewalk NI Figure 58 Lambert Avenue and Ash Street Conceptual Intersection Design Gateway Intersection 5: Park Boul yard and Portage Avenue This intersection is the primary access point into the woonerf along Portage Avenue. The intersection would be stop -controlled and have high visibility crosswalks on all approaches. to turn efl onto lhe woonerf. "North Ventura" gateway signage should be installed at the entrance to the woonerf. Legend ADA Ramp ® Bicycle Lane Modify to show separated bike lanes, not buffered, Sidewalk and to remove a bike box shown in the figure. Figure 59 Park Boulevard and Portage Avenue Conceptual Intersection Design 76 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 212 77 p Packet Pg. 587 of 692 Item 11 Attachment G: Final Draft NVCAP Other Intersection Improvements Page Mill Road and Park Boulevard Page Mill Road/Park Boulevard was recently redesigned as part of the construction of adjacent development. While vehicle volumes are currently quite low there today, they are projected to increase over time. To support the transition to a more pedestrian and bicycle -friendly neighborhood, additional safety treatments such as leading pedestrian intervals, advance stop bars, and a "bike box" for northbound Park Boulevard may be considered. Page Mill Road and Ash Street A hybrid beacon or full traffic signal and a marked crosswalk should be installed at this location to support pedestrians and bicyclists crossing Page Mill Road. Coordination with Santa Clara County would be needed to determine if a signal or crossing is feasible. This page is intentionally left blank North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 213 p Packet Pg. 588 of 692 Item 11 Attachment G: Final Draft NVCAP Street Sections The following street sections, which include street design standards and guidelines, are intended to illustrate the long term vision of the NVCAP mobility network. The design of the new streets will be built out over time. Park Boulevard Park Boulevard is a priority north -south bicycle and pedestrian street that connects the NVCAP Plan Area to the California Avenue Caltrain Station and terminates at the California Avenue Business District. The street emphasizes multi - modal transportation with wide pedestrian sidewalks, bi-directional buffered bike lanes, and a two-way flow of vehicles is maintained. Park Boulevard is designated as a citywide pollinator pathway, the design of the street prioritizes a connected canopy of trees and a lush, landscaped streetscape to support the health and comfort of both people and wildlife. Standards: 4.4.1 Street Design Table 7 Park Boulevard Street Design Building Entries New development shall provide a primary entry or entries on Park Boulevard. Frontage/ Setback Western Edge: 20 Feet from Property Line Eastern Edge: 5 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape / Furniture 4-4.5 Feet Zone Bicycle Facility Separated Buffered Bike Lanes 5 Feet Bike Lane 2-3 Feet Buffer Parking / Loading No On -Street Parking Vehicle Travel Lanes 10 Feet One Lane in Each Direction Guidelines: 4.4.2 Widen the Pedestrian Throughway Streetscape elements should include: • Street trees that can create a connective canopy at full maturity • Lighting and wayfinding that provides a neighborhood branding/identity opportunity • Seating/rest areas for residents and commuters • Green Stormwater Infrastructure in the setbacks, landscape/furniture zone, and if space allows, the separated buffered bike lane. Modify to show senarate.d hike lanes not hilffered Wi, I r. _____RD_air"... Figure 60 Typical Park Boulevard Section 80 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 214 81 p Packet Pg. 589 of 692 Item 11 Attachment G: Final Draft NVCAP Olive Avenue Olive Avenue is a priority east -west pedestrian and bicycle street that creates a direct link between the commercial activity on El Camino Real with the multi -modal mobility on Park Boulevard. Olive Avenue has two distinct street designs: Between Park Boulevard and Ash Street, the street is configured to accommodate comfortable sidewalks and two-way vehicle travel lanes. Due to the low traffic volumes and speeds on Olive Avenue, the street is designated as a bicycle boulevard which allows cyclists to ride with traffic. The setback on the northern edge of the street is 20 feet to protect the existing green stormwater infrastructure along the 395 Page Mill Road property. Standards: 4.4.3 Street Design Table 8 Olive Avenue Street Design 0 Between Park Boulevard and Ash Street Building Entries New development shall provide a primary entry or entries on Olive Avenue except for properties that are abutting Park Boulevard or Ash Street. Between Ash Street and El Camino Real, the street remains a two-way street. Due to the low traffic volumes and speeds on Olive Avenue, the street is designated as a bicycle boulevard which allows cyclists to ride with traffic. The on -street parking on both sides of the street is maintained. Between Ash Street and El Camino Real Building Entries New development shall provide a primary entry or entries on Olive Avenue except for properties that are abutting El Camino Real or Ash Street. northern southern edge seer I rakes y i s.merk Figure 61 Typical Olive Avenue section between Park Boulevard and Ash Street 10' Frontage/Setback Northern Edge: 20 Feet (Existing Frontage / Setback NotirernEdge-h.51OFeet from � p1 p1 Bioswale) Property Line Southern Edge: 225Q Feet from Property Line Propertyiine Pedestrian Clear Zone 8 Feet Pedestrian Clear Zone 8 Feet I I Landscape/ Furniture Northern Edge: 3 Feet Landscape/ Furniture Northern Edge: 3 Feet I I Zone Southern Edge: 4 Feet Zone Southern Edge: 4 Feet I I Bicycle Facility Bicycle Boulevard Bicycle Facility Bicycle Boulevard northern edge 00r leaenseaal onscreet Tree gear southern edge Sethark Wakway Bed Porting Drive Lane Dneekaee Perking Bed Walkway I Setback 10 Feet 10 Feet id8 B' 3' o 10' 10 8' 4 B' 10 1n' 9' Parking / Loading 2 Lanes of On -Street Parking Parking/ Loading 2 Lanes of On -Street Parking Vehicle Travel Lanes 10 Feet Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction 1 Lane in Each Direction a � � F'i-,' L Figure 62 Typical Olive Avenue section between Ash Street and El Camino Real 82 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 215 p Packet Pg. 590 of 692 83 Modify to put the s Item 11 Attachment G: Final Draft NVCAP Ash Street Ash Street is a quiet, predominately residential street, which provides a critical north -south connection throughout the Plan Area. A desired pedestrian connection across Olive Avenue to Acacia Avenue will provide seamless access from Page Mill Road to public park, Matadero 6 Creek, and existing community amenities such as .. Bouleware Park. Ash Street has two distinct street designs: Between Page Mill Road and Olive Avenue, Between Olive Avenue and Lambert Avenue, the the street is converted from a two-way street street segment is designed with bi-directional to a one-way southbound street. This change sidewalks and vehicle lanes. The vehicle travel prevents northbound traffic on El Camino Real lanes are also designated as bicycle boulevards, from using the neighborhood as a cut -through to where cyclists share the road with vehicles. travel eastbound on Page Mill Road. The western edge of the street features a wide shared -use path for pedestrians and northbound cyclists. Standards: 4.4.4 Street Design Table 9 Ash Street Street Design li Between Page Mill Road and Olive Avenue Building Entries New development shall provide a primary entry or entries on Ash Street except for properties that are abutting Page Mill or Olive Avenue. Frontage / Setback Western Edge: Maximum 5 Feet from Property Line Eastern Edge: Maximum 5 Feet from Property Line Pedestrian Clear Zone Western er Edge: Shared Use Path: 12 Feet Eastern Western Edge: 8 Feet Landscape/ Furniture Western Edge: 5 Feet Zone Eastern Edge: 5 Feet Bicycle Facility Southbound: _ Bicycle Boulevard 10 Feet Vehicle Travel Lanes 10 Feet 1 Southbound Lane Between Acacia Avenue and Lambert Avenue Building Entries New development shall provide a primary entry or entries on Ash Street except for properties that are abutting Portage Avenue, Lambert Avenue or Acacia Avenue. Frontage / Setback Maximum 5 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape/ Furniture Western Edge: n/a Zone Eastern Edge: 4 Feet Bicycle Facility Bicycle Boulevard: 10 Feet Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction r western eastern edge Shared Tree Tree Clear Path Bed Shared Lane Bed Walkway Setback IY ' 10' 5' 40' Figure 63 Typical Ash Street section between Page Mill Road and Olive Avenue western cc Figure 64 Typical Ash Street section between Acacia Avenue and Lambert Avenue 84 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 216 85 p Packet Pg. 591 of 692 Item 11 Attachment G: Final Draft NVCAP Acacia Avenue Acacia Avenue is an east -west street, primarily serving as service street for the Plan Area. The street extends from El Camino Real to Ash Street, at which point it becomes a private driveway for the 340 Portage site. The street design for the segment between Ash Street and El Camino Real consists of bi-directional pedestrian sidewalks along with two-way vehicle lanes, On -street parking is maintained on the southern edge of the street. Standards: 4.4.5 Street Design Between Ash Street and El Camino Real Table 10 Acacia Avenue Street Design Building Entries New development shall provide a primary entry or entries on Acacia Avenue except for properties that are abutting El Camino Real or Park Boulevard. Frontage! Setback Maximum 5 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape/ Furniture Northern Edge: 4 Feet Zone Southern Edge: n/a Bicycle Facility n/a Parking / Loading Southern Edge: 1 Lane of On - Street Parking Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction Figure 65 Typical Acacia Avenue Section 86 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 217 87 p Packet Pg. 592 of 692 Item 11 Attachment G: Final Draft NVCAP Pepper Avenue Pepper Avenue is a slow residential street, extending from El Camino Real to Ash Street. The street design supports existing residents with wide, tree -lined sidewalks and two-way traffic lanes. On -street parking is maintained on either side. Standards: 4.4.6 Street Design Between Ash Street and El Camino Real Table 11 Pepper Avenue Street Design Building Entries New development shall provide a primary entry or entries on Pepper Avenue except for properties that are abutting Ash Street. Frontage / Setback Minimam3.5feet Maximum 14-510 Feet from Property Line Pedestrian Clear Zone 85 Feet Landscape/ Furniture Northern Edge: 4.5 Feet Zone Southern Edge: 4.5 Feet Bicycle Facility n/a Parking / Loading 2 Lanes of On -Street Parking Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction Change the setback to 10 feet; Change the distance of tree bed to 4.5 feet; Change the distance for clear walkway to 5 feet I / ` I - LTWT,1i __ 5. i - mr4i r � r 1 I Figure 66 Typical Pepper Avenue Section 88 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 218 89 p Packet Pg. 593 of 692 Portage Avenue Portage Avenue is a priority east -west bicycle and pedestrian street which becomes a critical citywide link from Park Boulevard connecting the `' r California Avenue Caltrain and Business District to the existing bicycle infrastructure on Hansen Way -.- to the Stanford Research Park. Portage Avenue ci %T has two distinct street designs: i" -.. Between Park Boulevard and Ash Street is the Portage Avenue woonerf, 'the front door' for the public park and the Cannery building. The sidewalks with a wide furnishing zone on the woonerf, which will be a publicly accessible northern edge of the street. Two-way traffic private street is an integrated, curbless street, lanes are retained with on -street parking on the shared by pedestrians, bicyclists, and low- southern edge of the street. Due to the low traffic speed vehicles. The street incorporates outdoor volumes and speeds, this segment of Portage is furnishings such as trees, planters, green designated as a bicycle boulevard, where cyclists stormwater infrastructure and seating to ensure share the road with vehicles. this space fosters community gatherings, events, retail, and other flexible uses. The city may consider a shared -use path on Portage Avenue. Between Ash Street and El Camino Real, Portage Avenue takes on a more typical street configuration. The street design includes two Standards: 4.4.7 Street Design Table 12 Portage Avenue Street Design Between Park Boulevard and Ash Street Between Ash Street and El Camino Real Building Entries New development shall provide a primary entry or entries on Portage Avenue except for properties that are abutting Park Boulevard. Frontage/ Setback Northern Edge: Maximum 5 Feet from Property Line Southern Edge: n/a Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: 15 Feet Zone Southern Edge: 8 Feet Bicycle Facility Bicycle Boulevard 10 Feet Vehicle Travel Lanes 10 Feet Building Entries New development shall provide a primary entry or entries on Olive Avenue except for properties that are abutting El Camino Real. Frontage! Setback Maximum 5 Feet from Property Line Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: 15 Feet Zone Southern Edge: n/a Bicycle Facility Bicycle Boulevard 10 Feet Parking / Loading Southern Edge: 1 Lane of On - Street Parking Vehicle Travel Lanes 10 Feet 1 Lane in Each Direction Item 11 Attachment G: Final Draft NVCAP al al gl I � I I I I I I I I I I I I I I I I I northern edge southern edge clear Tree Bed/ Street Life/ clear �Wlkl0utdoor rooms SharedLane Shared Lane Flower beds Walkway 15' la' la' 5' 8' I I W Figure 67 Typical Portage Avenue section between Park Boulevard and Ash Street © gl FI :I :I sl sl I I I I � I I I I I � I I I I I I I I I II I I I I I I I northern edge southern edge deer on -street Clear Setba Welkway Tree Bed J Shared Lane Shared Lane Parking Walkway ISetbet 5' 8' 15' 10' 10' 1 8' 8' 5' I, I.I■ I L1IIII%I a'9 90 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 219 I Guidelines: 4.4.8 Streetscape Elements Streetscape elements of the Portage Avenue woonerf include: • A row of street trees on either side of the main travel way to designate pedestrian priority areas adjacent to building frontages • Signage emphasizing the presence of pedestrians and bicyclists • Textured or permeable pavement designed to slow vehicle speeds and provide stormwater management benefits • Pedestrian -scale lighting • Seating areas • Landscaping and green stormwater infrastructure • Design elements that highlight the community's vision or character • Public art that will enhance the pedestrian experience and reflect the community's unique character. Figure 69 Streetscape elements like double row of trees, textured pavement, pedestrian scale lighting , and 92 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 220 93 p Packet Pg. 595 of 692 Item 11 Attachment G: Final Draft NVCAP Lambert Avenue Lambert Avenue is the southern edge of the plan area. Lambert Avenue is improved on the northern half of the existing street to enhance the pedestrian experience along the edge of the NVCAP site boundary. The existing vehicular travel lane is narrowed, and on -street parking is eliminated to make space for a wider pedestrian thoroughfare and generous furnishing zone for enhanced bio-retention area and dense canopy trees. Standards: 4.4.9 Street Design Table 13 Lambert Avenue Sidewalk Zone Design Between Park Boulevard and El Camino Real Building Entries New development shall provide primary entry or entries on .a Lambert Avenue except for properties that are abutting Park Boulevard or El Camino Real. Frontage / Setback Northern Edge: Maximum 5 Feet Pedestrian Clear Zone 8 Feet Landscape / Furniture Northern Edge: Zone -79.5 Feet Vehicle Travel Lanes Westbound Lane 10 Feet i S vl �I al el � WI III I pI I J I , I � i Clear Setback Walkway Tree Bed Drive Lane 5 19 7&9.5' to' � 2Z5 Figure 70 Typical Lambert Avenue Sidewalk Zone Section El Camino Real El Camino Real is a regional arterial street as well as the western edge of the plan area. El Camino Real is improved on the eastern half of the existing street. New development is required to setback by 5 feet in order to provide a wider pedestrian sidewalk and furnishing zone to support a more comfortable pedestrian experience. The configuration of the roadway will be determined in coordination with Caltrans independently of the NVCAP. Standards: 4.4.10 Street Design Table 14 El Camino Real Sidewalk Zone Design LT Between Page Mill Road and Lambert Avenue Building Entries New development shall provide a primary entry or entries on El Camino Real. Frontage/ Setback Minimum eer Maimum 10 Feet 0 -10 feet to create an 8 - 12 -foot effective sidewalk width Pedestrian Clear Zone Eastern Edge: 8 Feet Landscape / Furniture Eastern Edge: 4 Feet Zone en Modify to show tree grates instead of tree beds 1 r Clear Tree Setback Walkway Bed 5' a'l 4' h2' . � Figure 71 Typical El Camino Real Sidewalk Zone Section 94 North Ventura Coordinated Area Plan Item 11: Staff Re ort P 221 95 Report g• Packet Pg. 596 of 692 Item 11 Attachment G: Final Draft NVCAP Page Mill Road Page Mill Road is one of arterial streets in the City as well as the northern edge of the plan area. Page Mill Road is improved on the southern half of the existing street to enhance the pedestrian experience along the edge of the NVCAP Plan Area boundary. New development will provide a wider pedestrian sidewalk and furnishing zone to support a more comfortable pedestrian experience. In order to provide a consistent width, the setback for new development will vary based on existing site conditions. The configuration of the roadway will be determined in coordination with Santa Clara County. Standards: 4.4.11 Street Design Between Park Boulevard and El Camino Real Table 15 Page Mill Road Sidewalk Zone Design Building Entries New development shall provide a primary entry or entries on Page Mill road except for properties that are abutting Park Boulevard or El Camino Real. Frontage/Setback Somme. 0 -10 feet to create an 8- 12 -foot effective sidewalk width Pedestrian Clear Zone Southern Edge: 8 Feet Landscape / Furniture Southern Edge: 4 Feet Zone Flip the illustration to have building on the riaht side clear Tree Setback Walkway Bed 5 8' 4. 12' I VU i'7 I This page is intentionally left blank Figure 72 Typical Page Mill Road Sidewalk Zone Section 96 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 222 Packet Pg. 597 of 692 97 Item 11 Attachment G: Final Draft NVCAP Publicly Accessible Private Connections New publicly accessible connections on private property are intended to support greater porosity and walkability throughout the Plan Area. These connections can break up large 'super -blocks' and provide alternative routes for residents to move through the Plan Area. These connections include mid -block paseos in between the Cannery building, pedestrian pathways within the rear setback of new development along El Camino Real, and pedestrian pathways through the 395 Page Mill property. Guidelines: 4.10.1 Street Design Table 16 Mid -Block Paseo Design Mid -Block Paseo Building Entries New development shall provide a secondary entry or entries on mid -block paseos. Pedestrian Clear Zone Shared Use Path: 20 Feet Landscape / Furniture 3 Feet Zone Vehicle Travel Lanes 26 Feet Emergency Vehicle Access Table 17 Rear Setback Pathway Design PRear Setback Pathway Building Entries New development shall provide a secondary entry or entries on real setback pathways. Frontage / Setback Rear Setback: Minimum 22 Feet Pedestrian Clear Zone Shared Use Path: 20 Feet Landscape / Furniture Rear Green Buffer :10 Feet Zone 1 Planter Planter Bed Shared Path Bed 26' Figure 73 Typical mid -block connection section Shared Path Figure 74 Typical rear setback connection section 98 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 223 99 p Packet Pg. 598 of 692 Item 11 Attachment G: Final Draft NVCAP Transit Access The North Ventura neighborhood offers diverse transit options, including two bus stops located at El Camino Real/Portage Avenue and Page Mill Road/El Camino Real. Additionally, residents within a 15 -minute walking distance can access services from four transit operators, including VTA, AC Transit, Caltrain, and Stanford Marguerite. Future plans prioritize designing user-friendly, accessible, and safe routes to enhance transit accessibility within the neighborhood. Standards: 4.5.1 Bus Stop Amenities Bus stops shall be designed in accordance with agency -wide standards established by VTA and AC Transit, incorporating the latest industry best practices. Coordination with the appropriate agency is required. In accordance with AC Transit's Multimodal Corridor Guidelines and VTA's Better Bus Stop Program, the contextually appropriate bus stop enhancements and amenities include: • Bus shelters protecting riders from the elements • Energy -efficient lighting to ensure visibility and enhance safety • Comfortable seating • Digital signage with real-time information informing riders of available service • Posted information with route information and service schedules, available in English, Spanish, and other locally prevalent languages as well as braille placards • Audio capabilities to communicate real-time information to hearing -impaired riders Guidelines: 4.5.2 Wayfinding Signage Wayfinding signage throughout the North Ventura neighborhood should clearly and concisely display major designation and their distances, available transit services and other available transportation options. The signage should be designed to be clear, easy to understand, and visually appealing, as well as reflective of a unique North Ventural neighborhood aesthetic, potentially incorporation landmark desgination. 4.5.2 Mobility Hub The North Ventura mobility hub should be located along Portage Avenue between El Camino Real and the intersection of Portage Avenue and Ash Street. The mobility hub will serve as a central location within the plan area, providing access to various sustainable transportation options and promoting mode shift away from single -occupancy vehicles. The mobility hub should be designed in coordination with transit operators like AC Transit and VTA to integrate their services and ensure a seamless user experience. It will be designed in accordance with the MTC's Mobility Hub Implementation Playbook and the City's design guidelines, which includes: • Sustainable access and mobility to encourage mode shift. Proposed amenities include: • Transit shelters and waiting areas • Bicycle parking facilities • Shared mobility (bike share, scooter share, etc.) access points • Electric vehicle (EV) charging infrastructure • Designated parking for car share services Additional improvements relating to information access can also improve the customer experience. The proposed amenities should be considered to improve information access: • Real-time travel information signage and interactive displays • Area maps and bulletins promoting local amenities and events • Monitoring systems to measure ridership, mobility, security, and public life metrics • Digital and physical wayfinding tools 100 North Ventura Coordinated Area Plan 101 Item 11: Staff Report Pg. 224 1 Packet Pg. 599 of 692 Item 11 Attachment G: Final Draft NVCAP Vehicular Guidelines: 4.6.5 Traffic Calming Circulation and As a traffic calming measures, the following strategies are recomended: Parking The North Ventura Mobility Framework aims to create a vibrant and sustainable neighborhood by prioritizing local traffic circulation, discouraging cut -through traffic, and providing diverse and efficient parking solutions. This framework balances the needs of residents, businesses, and visitors through a combination of street design strategies, parking regulations, and innovative solutions like woonerfs and private access aisles. Standards: 4.6.1 One -Way Street Ash Street from Page Mill Road to Olive Avenue shall be one-way southbound to help prevent northbound traffic on El Camino Real from using the neighborhood as a cut -through to travel eastbound on Page Mill Road. 4.6.2 Minimum Parking No minimum parking requirements shall be established for the plan area in accordance with California Assembly Bill 2097 (AB 2097). 4.6.3 Surface Parking No more than 10 percent of new surface parking shall be allowed within the plan area. Where new buildings are not proposed, existing surface parking spaces can remain to support remaining commercial offices. 4.6.4 Street Parking No new street parking shall be constructed along new developments. In addition, street parking shall be restricted near intersections to ensure safe turning movements for large vehicles and emergency vehicles. Street parking shall be maintained in front of single-family homes on Pepper Avenue and Olive Avenue. • Olive and Lambert Avenues: speed humps and raised crosswalks to maintain low vehicle speeds • Pepper Avenue: A chicane, which is an offset curve to the road • Portage Avenue woonerf: Vehicle entrances should be only wide enough to accommodate one vehicle at a time. Trees or landscaping is recommended to create this bottleneck to restrict the flow of vehicles. 4.6.6 Vehicles on Woonerf Vehicular traffic on the woonerf on Portage Avenue should be permitted but discouraged. Acacia Avenue from Ash Street to Park Boulevard will be a private aisle for accessing residential frontage on Acacia Avenue for parking and unloading. 4.6.7 Short -Term Parking Short-term parking to support new ground -floor retail and active uses in new developments should be located on the ground or basement levels of these developments. 4.6.8 Parking Management Strategies In addition, the following parking management strategies could be implemented to mitigate parking impacts: • Parking time limits • Unbundled Parking • Shared parking locations • Carshare memberships and designated parking spots 4.6.9 Driveways Driveways should be located along side -streets and/or consolidated wherever possible and as redevelopment occurs to minimize conflicts with bicyclists and pedestrians Transportation Demand Management TDM strategies can be effective at encouraging fewer trips made by single -occupancy vehicles (SOV). An effective TDM plan ensures that alternative modes of transportation, such as walking, bicycling, public transit, or other forms of shared mobility, are made available to site occupants and nearby community members. While reducing SOV trips is a key goal, TDM enhancements offer additional benefits like environmental improvements, safer streets, and a more enjoyable public realm. Beyond local planning alignment, regulations like BAAQMD Rule 1 and SB 743 mandate TDM plans for specific developments. NVCAP's TDM plan should comply with the City's VMT regulations and program recommendations, and utilize standard metrics like those from the California Air Pollution Control Officers Association (CAPCOA) for evaluation and VMT calculations. Standards: 4.7.1 VMT Reduction All employers and major residential developments within the plan area shall achieve a 30 percent minimum reduction below ITE rates in peak hour motor vehicle trips, using the Example TDM Strategies Menu in Table 21. 4.72 Palo Alto Transportation Management Association All employers and major residential developments within the plan area shall be members of the Palo Alto Transportation Management Association (PATMA). 102 North Ventura Coordinated Area Plan 103 Item 11: Staff Report Pg. 225 Packet Pg. 600 of 692 Item 11 Attachment G: Final Draft NVCAP Table 18 Example TOM Strategies Menu Active Transportation Shared bike or scooter service Bicycle support facilities Shared Mobility Car share Shuttle service and new stops Parking Electric vehicle charging facilities Transportation Program Coordination Conventional or electric, Third party operators Membership in the Palo Alto Joining the PATMA can provide docked or dockless bikes and Transportation Management developers, major employers, scooters can increase first-/ City staff to determine Association (PATMA) or residential tenants with last -mile connections and offer regulations, applicable geo- access to transportation alternative transportation fencing resources available for t b Th Supportive facilities such as short -/long-term bicycle parking, showers, and lockers that increase active transportation trips For people who do not own cars, car share can offer vehicle access without significantly increasing GHG emissions and necessary parking. Vehicles can be provided to tenants of certain buildings, or through designated parking spaces such as dedicated on- street spots noted with signage. With increased residential and employment density, additional shuttle stops may be necessary. Major employers or residential developments in the area may also operate shuttle service that would serve the neighborhood. The upcoming City on - demand shuttle service may also necessitate additional designated stops. commune y mem ers. e Developer PATMA also works closely with the City to offer events and Major employers or residential other relevant programming. tenants............................................................................................................................................ Carpool resources Resources for organizing .................................................................... neighborhood carpools to ............................................................................................................................................... nearby major activity centers .................. Third party operators Active transportation Resources such as bike/ incentives scooter share coupons, or bicycle purchase subsidies City staff to determine I can encourage active regulations ................................................................................................................................. transportation Shared mobility incentives Resources such as rideshare discounts, carshare discounts, free or subsidized transit passes can decrease trips made by a single occupancy vehicle Promotional materials on Resources advertising transportation offerings alternative modes of Stanford shuttle operator (flyers, emails, websites, etc.) transportation can raise ---...- awareness to people who Bulletin boards or kiosks primarily rely on their car displaying transportation City shuttle operator alternatives Participation in City- Encouraging major employers, Major employers or residential wide events encouraging residential developments, tenants offering shuttles alternative modes of and community members to transportation participate in City-wide events, such as the annual Bike to Wherever Day, can expose people to alternative modes of transportation Encourage electric vehicle Developer usage to decrease GHG emissions by providing necessary charging facilities Developer and/or tenants (employers, residential) Developer and/or tenants (employers, residential)* Developer and/or tenants (employers, residential)* Developer and/or tenants (employers, residential)* Developer and/or tenants (employers, residential)* Developer and/or tenants (employers, residential)* *If responsible entities decides to join, PATMA can be a facility/ resource provider. 104 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 226 105 p Packet Pg. 601 of 692 Item 11 Attachment G: Final Draft NVCAP Parks and Open Space 5.1 Public Park 5.2 Matadero Creek NVCAP's ecological framwork takes direct input from the community and working group who advocated for the need for more reacreational space for residents in the community and places to be outdoors and gather. In addition, the ecological framework takes inspiration from the City's Sustanability and Climate Action Plan, identifying opportunities for renewal, restoration, carbon sequestration, and growth of the natural environment. The future streets, parks, natural areas, and buildings will restore and enhance habitat and pollinator pathways, and provide flood protection and stormwater management, cleaner air and cleaner water, and healthier habitats for current and future generations. In addition, the future parks and natural areas will provide much needed recreational and outdoor space where the community can gather. The Ecological Framework includes the following: • Public Park • Matadero Creek Item 11: Staff Report Pg. 227 Packet Pg. 602 of 692 Public Park Located in the southeast corner of the plan area, approximately two acres of public open space is proposed. The proposed naturalization of Matadero Creek between Park Boulevard and Lambert Avenue will serve as the organizing framework for the park's design and neighborhood destination, inviting Palo Alto residents, employees, and visitors to enjoy access to recreational activities, habitat, and inclusive community programming. Bounded by the proposed Portage Avenue woonerf and Park Boulevard, the proposed public park is seamlessly integrated into the adopted citywide Pedestrian and Bicycle Plan. The design of the proposed Portage Avenue woonerf supports a natural extension of the park, directly connecting to the Cannery Building. Standards: 5.1.1 Park Acreage and Dimensions An approximately two -acre public park is proposed in the plan. The details of the public park and open space will be fully developed in the future when it becomes a project, with a public process. The concept of the public park is included in the plan and is generally described in Figure 71. 5.1.2 Circulation All multi -use paths should form a continuous path connecting all points of entry as illustrated in Figure 71. Programmed spaces should connect to the plan area mobility network via multi -use paths. The multi -use paths network would create a safe connection across Lambert Street to Boulware Park. The minimum width of the multi -use path will be 12 feet. 5.1.3 Park Gateways The park could accommodate five points of entry to connect with the pedestrian and bike mobility network around the park. The character of these gateways to the park is further outlined in Figure 71. 5.1.4 Utilities Electrical service, potable water, and sewer supply should be provided to accommodate varied events such as movie nights, festivals to serve small park structures; and along the park trails and the Picnic Area. 5.1.5 Design Approval Once the park becomes a project, the design of the park would be subject to the typical City review process including review by the Parks and Recreation Commission. Item 11 Attachment G: Final Draft NVCAP 'i O 0, ACTIVE ZONES i SAFE CONNECTION TO BOULWARE PARK Figure 75 Conceptual Plan of Location of Park Gateways and Circulation Paths Legend < > Access to park Park Gateways 106 North Ventura Coordinated Area Plan Viewing shed Item 11: Staff Report Pg. 228 Packet Pg. 603 of 692 107 Item 11 Attachment G: Final Draft NVCAP Guidelines: 5.1.6 Programming Active Park programming may include but is not limited to a dog park, outdoor fitness area, natural habitat area, community garden, or amphitheater. In addition to active programming, park design should accommodate passive uses such as reading and picnicking. When siting park elements, consider types of activity, periods of use or vacancy, availability of sun or shade, and the differing needs of a diverse range of visitors such as small children, adult athletes, and dog owners. The park should include amenities to support the commercial environment on Portage Avenue such as flexible seating areas, social gathering spaces, play spaces, and public art. Surrounded by development on more than one side, the program elements should be designed to be protected from wind and down -drafts from buildings with strategic tree planting and thoughtful siting of passive programming. 5.1.7 Native Plantings Where possible, pollinator friendly native plants should be incorporated. Refer to Valley Water's Guidelines & Standards for Land Use Near Streams Chapter 4 (Design Guides for Guidelines and Standards) for the placement of native plants along the creek. Figure 77 An example of active park programming Figure 76 An example of passive park programming 4. 108 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 229 109 p Packet Pg. 604 of 692 5.2 Matadero Creek The Plan envisions the full naturalization of Matadero Creek between Park Boulevard and Lambert Avenue. The flood channel is widened to a maximum of 100 feet riparian corridor serving maximum geomorphic form and ecological function. Leading with resilience in mind, the design offers the creek the capability to convey 100 -year flood events. The full details of the renaturalization of the creek will be developed in the future when it becomes a project. Appropriate City review process, including a public process and coordination with applicable agencies will be required. Standards: 5.2.1 Creek Buffer The creek section between Park Boulevard and Lambert Avenue is buffered by a 100 -foot riparian corridor, at maximum. To determine the defined parameters for the buffer floodwalls, further City coordination is required. 5.2.2 Coordination Coordination with Santa Clara Valley Water District shall be required to ensure the renaturalization of the creek implement adequate measures and standards to reduce impact to the existing channel. 5.2.3 Circulation The riparian corridor shall maintain public access on both sides of the creek front and be designed to embrace the Matadero creek as a central feature. Lambert Avenue bridge is recommended to be replaced with a new bridge spanning 100 feet. The recommended location shown in Figure 74 will connect Portage Avenue and Lambert Avenue. 5.2.4 Wind Protection As the riparian corridor is 10 feet lower than the surrounding terrain, it should be designed to be protected from wind and down -drafts from surrounding areas with strategic tree planting and thoughtful design of the shared trail routes. 5.2.5 Ecology Impervious surfaces shall be discouraged in the 100 foot buffer as per Figure 74, Plant selections shall reinforce the native and surrounding ecology and promote habitat development. Figure 78 Conceptual Plan of the Matadero Creek buffer, circulation, and gateways Legend <---) Shared Path Riparian Corridor Gateways Item 11 Attachment G: Final Draft NVCAP ./ :.;T1 rep •I lc'- , GRADE DROP T .' yY fi - �100 FEET RIPARIAN CORRIDOR Y a ttrti�' I1 t� i Ii NO IMPERVIOUS SURFACES ty f a IN 100 FEET BUFFER PUBLIC ACCESS ALONG CREEK 4 s H NATURALIZED CREEK Riparian Corridor Buffer Boundary 110 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 230 111 p Packet Pg. 605 of 692 Item 11 Attachment G: Final Draft NVCAP 5.2.6 Gateways Gateways to the corridor shall be recommended at the following key intersections. See Figure 74. Sloped walks, terraces, stairs, or ramps for bicycle and pedestrian circulation shall be a key feature at these gateways, integrated with the flood wall designed to connect across the 10 feet grade change between the public park and the Matadero creek riparian corridor. This will ensure that pedestrians and bicyclists can access both the park and the riparian trail. Gateway access to multi -use paths should be designed to be ADA accessible to traverse the 10 feet grade change from the public park to the creek. 5.2.7 Floodwalls or Retaining Walls Concrete floodwalls or retaining walls shall be designed to allow for vegetation to the extent feasible. 5.2.8 Utilities Electrical service and potable water shall be provided along the trails. Guidelines: 5.2.9 Public Art Gateways, bridge, and other park amenities may integrate public art/structures to indicate major entry points, when appropriate. 5.2.10 The Matadero Creek Bridge Observation areas should be integrated with the design of the new bridge. Educational placards should inform the public on the re -naturalization of Matadero Creek. Figure 79 The Matadero Creek Channel is currently a constrained concrete trapezoidal channel. Figure 80 A naturalized creek has the opportunity to provide multi -use trails and habitat areas. 112 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 231 p• ] Packet Pg. 606 of 692 113 Item 11 Attachment G: Final Draft NVCAP Site and Building Design 6.1 Building Heights and Massing 6.2 Retail and Active Frontage 6.3 Portage Avenue Frontage 6.4 Residential Frontage 6.5 Sustainable Design NVCAP's urban form framework champions the design of buildings that are respectful neighbors, human -scaled, and embrace the street. New development will respond to the surrounding context such as building up to El Camino Real while creating a gentle transition to quieter residential portions of the neighborhood. This chapter provides guidance on the desired future built form and sets aspirations for how new buildings will contribute to the character of the NVCAP as it continues to be developed incrementally over time. The key factors that contribute to good building architecture: building mass and bulk appearance; pedestrian - friendly design of the ground level, and visual interest created by architectural articulation, the materiality of the building, and sustainable design. The standards and guidelines have been organized to address these key elements under the following headings: • Building Heights and Massing • Building Frontages • Sustainable Design 114 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 232 115 P Packet Pg. 607 of 692 Item 11 Attachment G: Final Draft NVCAP Building Heights and Massing Building form and massing have a crucial role in forming NVCAP's built environment as a framework for a comfortable and exciting public realm. Massing strategies reflected in NVCAP's architecture make associated building uses more legible and well -organized. Massing regulations such as allowable building heights and stepbacks will support the gradual transition from taller buildings along El Camino Real to quieter, residential parts of the neighborhood. Standards: 6.1.1 Building Heights All new development shall conform to Figure 78 for maximum allowable building heights. 6.1.2 Affordable Housing Height Bonus Through the City's Housing Incentive Program or the State Density Bonus, 100% below market rate projects shall be eligible for additional bonus height (up to 33 feet). 6.1.3 Stepdown to Single -Family Residential Based on the development standards of a adjacent zoning district, new development shall stepdown to existing single family residential. Refer to the Palo Alto Municipal Code, as setback and stepback requirements on side or rear lot lines shall vary based on zoning. Daylight plane height and slope shall be identical to those of the most restrictive residential zoning district abutting the lot line. 6.1.4 Utilities Overhead public utilities shall be undergrounded for buildings with roof edge heights over 27 feet tall. Guidelines: 6.1.5 Cannery Building Roof Datum Any adaptive re -use projects directly adjacent to the Cannery may be allowed to match the structure's 36 foot roof datum. The consideration of this additional 12 inches of height above what is permitted will be part of the development project's discretionary review. R I� 0 New building is more than 2d taller than abutting building Interior setback area - -' Daylight Plane Property Line Q No -build area El Proposed building O Initial Height 25' • Adjacent property 0 Angle: 45" Figure 81 An example of a daylight plane requirement for mixed -use development stepping down to single family residential neighborhoods. Remove the 55' height area near the park/green area; Increase all 55' to 65'; Increase the 35' height area between Olive and Portage Avenue to 45'; Increase all areas with a height of 45' to 555 Increase.ttle, current 34',heieht to 35' Iw / - ASH 1 ' ti- Figure 82 Allowable Height Map 116 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 233 117 p Packet Pg. 608 of 692 Item 11 Attachment G: Final Draft NVCAP Retail and Active Use Frontage Ground floor retail and other active uses enliven and activate streetscapes, enhancing the public interface between new buildings and the sidewalk. Within the Plan Area, the highest concentration of retail and active uses are located along El Camino Real. These ground floor spaces are designed to accommodate a wide variety of commercial spaces including local shops, cafes, maker spaces, co -working spaces, and professional services. Active uses are listed on page 40 of Section 2.3 (Ground Floor Edges). Standards: 6.2.1 El Camino Real Active Frontage Ground floor active uses shall be required along all new development fronting El Camino Real. Refer to Section 2.3 for a map of ground floor edges. 6.2.2 Ground Floor Retail Height Ground floor retail floor to ceiling height shall be a minimum of 14 feet. 6.2.3 Objective Standards For Corner Conditions, Primary Entries, Facade Design, and Transparency, new development shall adhere to Palo Alto Municipal Code, Chapter 18.24 Contextual Design Criteria and Objective Design Standards. Figure 83 Retail ground floors provides adequate floor to ceiling heights, transparency, and signage. Guidelines: 6.2.4 Park Boulevard Ground floor active uses should be encouraged for new development fronting Park Boulevard. 6.2.5 Storefront Frontages Storefronts should create a fine grain of variety along each street frontage, expressing the unique identity of each tenant. Where active uses or retail frontages are required or located, the following design standards shall apply: • Exterior windows on the ground floor shall use transparent glazing to the extent feasible. Low -e glass or minimal tinting to achieve sun control is permitted, provided the glazing appears transparent when viewed from the ground level. • Window coverings are not permitted on the ground floor during typical business hours. Where operations preclude transparency (e.g., theaters) or where privacy requires window coverings, sidewalk -facing frontage shall include items of visual interest including displays of merchandise or artwork; visual access shall be provided to a minimum interior depth of 3 feet. 6.1.5 Outdoor Rooms Outdoor rooms notched into the ground floor should be lined with active retail uses and have ample space for spillover for outdoor dining, murals, and retail displays. Figure 84 Ground floors can create notches of outdoor rooms to allow for lively spillover of retail. Figure 85 Active ground floors provide openness, transparency and a connection to the street. 118 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 234 1 Packet Pg. 609 of 692 119 6.3 Item 11 Attachment G: Final Draft NVCAP Portage Avenue Frontage Portage Avenue is a designated focal point for the plan area due to its adjacency to the historic Cannery building, new park, and the planned woonerf. The Portage Avenue park frontage zone will be designed as a vibrant, human -scaled pedestrian environment. Active programming throughout this area will enliven both the woonerf and the adjacent public park. Businesses along this frontage are ideal candidates for outdoor dining spaces, creating a lively backdrop for park activities. Standards: 6.3.1 Ground Floor Entries Entries shall be flush at sidewalk grade and shall have a minimum of four (4) active doorways per 200 linear feet. Guidelines: 6.3.2 Balconies and Terraces The inclusion of balconies and terraces should be encouraged along the streetwall above the ground floor in the park frontage zone to take advantage of views of the public park and to allow greater programmatic and visual connection between uses in the buildings and the park. 6.3.2 Respect the Cannery Development along Portage Avenue adjacent to the Cannery should emulate the Cannery, taking cues from the materiality and fenestration, and roof datum. Figure 86 Ground floors treatments can emulate the materiality, fenestration, and roof datum of historic structures. Residential Frontage The residential ground floor level is characterized by the lower intensity of activity, generally fronting onto streets that are quieter in character, and serves to foster neighborhood connection. Individual residential entries and stoops are an effective way to activate the street and create greater opportunities for social interaction. At the same time, they should provide a sense of privacy and comfortable social distance from the sidewalk. Standards: The following standards are in accordance with Palo Alto Municipal Code Section 18.24.020 (Contextual Design Criteria and Objective Design Standards): 6.4.1 Ground Floor Entries Entries must be raised above sidewalk grade based on the setback condition from the property line. Ground floor residential units shall have entries with direct, individual access onto a public right of way, open space, or easement. Guidelines: 6.4.2 Stoops Residential units should provide a stoop to create a social distance from the street; home office units are not required to have stoops and may be entered at grade. The design of stoops should balance the need to create privacy for the unit occupant and allow visual connection with the street. Areas between stoops should be planted and can bean opportunity to integrate Green Stormwater Infrastructure. Figure 87 Ground floor residential stoops can provide privacy for residents and neighborhood beautification and Green Stormwater Infrastructure. 120 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 235 1 Packet Pg. 610 of 692 121 Item 11 Attachment G: Final Draft NVCAP Sustainable Design Palo Alto has long been a leader in sustainability, making impressive progress towards reducing its carbon impacts, greenhouse gas (GHG) emissions, and resource consumption. In October 2022, Palo Alto City Council passed an ambitious carbon neutrality by 2030 goal, building on the City's existing goal of cutting emissions 80% below 1990 levels by 2030. The following standards and guidelines are intended to support the City's larger climate action goals to ensure a sustainable and resilient future. Standards: 6.5.1 California Green Building (CALGREEN) Standards Code New development shall adhere to Chapter 16.14 California Green Building Standards Code. As stated in the code, all newly constructed residential buildings must meet CALGREEN Tier 2 requirements. 6.5.2 Bird -Safe Glass Design All new mixed -use development that has facades exceeding 30 percent glazing shall utilize bird - safe design strategies. Applicants shall choose from the following materials list: A. Fritted Glass - Ceramic dots or'frits' can be silk-screened, printed, or otherwise applied to the glass surface. This design element, useful primarily for new construction, can also improve solar heat gain control and reduce glare. B. Etched Glass - Glass etching on the surface of the glass can be achieved through acidic, caustic, or abrasive substances. The etched markers should be on the outside surface. C. Permanent Stencils or Frosting - Frosted glass is created by acid etching or sandblasting transparent glass. Frosted areas are translucent, but different finishes are available with different levels of light transmission. An entire surface can be frosted, or frosted patterns can be applied. D. Exterior Apparatus - Fixed exterior screens, grilles, netting, louvers, fins or mullions can effectively reduce visible reflections, provide insulation from strike impact, reduce solar heat gain, reduce glare and provide weather protection. E. UV Coated Glass - Some birds can see into the ultraviolet (UV) spectrum of light, a range largely invisible to humans. UV -reflective and/ or absorbing patterns (transparent to humans but visible to birds) are frequently suggested as a solution for many bird collision problems. This approach is not appropriate for situations where the glazing is back lit. The City is in the process of developing the Citywide bird -safe design standards. Once adopted, the Citywide standards shall supersede the standards outlined in 6.5.2. Guidelines: 6.5.3 Minimize Heat Gain Building facades should be designed to balance solar access with the need to control heat gain. This could include the following: • Shade windows with architectural features that add visual interest by creating textural variations. • Architectural elements that should be used on south -facing facades. • Fixed shading features, which are designed with a range of projection and spacing dimensions that minimize heat gain and composed with visually pleasing rhythms to avoid monotonous building facades. • Perforated horizontal overhang • Awnings that are well integrated with the overall building facade, especially for retail on the ground floor. • Sliding and folding perforated panels/shutters that double as privacy screens for outdoor private spaces such as balconies and terraces overlooking El Camino Real. • Trellis, Vegetation on windows and green walls allow for minimizing heat gain while additionally bolstering the overall concept of ecological design. • Shrubs and tree shade wherever possible should augment facade design to minimize heat gain. • Use of low -solar -transmittance glazing to reduce solar gain. • Reflective and Light-colored outer surfaces can minimally address heat gain but should be employed in combination with the other facade and roof treatments. 6.5.4 Bird -Safe Building Design For all new mixed -used development, whenever feasible, encourage implementing LEED standards on bird collsion deterrance from the U.S. Green Building Council to reduce bird collision and mortality. • Use window treatments to reduce solar gain. 122 North Ventura Coordinated Area Plan Item 11: Staff Re ort P 236 123 p g• Packet Pg. 611 of 692 Item 11 Attachment G: Final Draft NVCAP 6.5.5 Daylighting and Natural Ventilation Buildings should be designed to maximize the use of daylighting for all inhabited interior spaces to provide a high -quality indoor environment, reduce overall energy consumption and reduce exposure to artificial lighting which can negatively impact human health. Buildings that allow for natural ventilation reduce energy consumption for heating and cooling and provide a higher -quality indoor environment. Projects should optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows. 6.5.6 Roofs Where building roofs are free of solar panels or other sustainability infrastructure, they should be designed to include systems such as vegetated roof covers, plants, green stormwater infrastructure, and roofing materials with high albedo surfaces to reduce heat island effect and slow rainwater runoff. Building roofs should be designed to create usable recreational spaces. Rooftop shading structures mounted with solar panels can maximize the effective use of roof area. Pockets of green roof can help furnish these recreational spaces, and resist heat gain while also serving the concept of ecological design. Figure 88 Building roofs can be multi -purpose including providing additional outdoor space for residents. 6.5.7 Renewable Energy Buildings should provide "solar ready" infrastructure such as solar panel standoffs, conduit, and roof water spigots that minimize the cost and effort of adding solar capacity later, as per the California Green Building Standards Code. 6.5.8 Visibility New development should incorporate elements like green roofs, shading devices or photovoltaic panels into the fabric of the building to highlight building's energy saving features. New development should include interpretive signage explaining the sustainable building features of the building to promote sustainability and to educate visitors and occupants how their behavior can make an impact on overall building performance. Figure 89 Visible elements of sustainability can include design features such as celebrating secure bike parking. 124 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 237 1 Packet Pg. 612 of 692 125 Implementation 7.1 Development Standards 7.2 Review Process 7.3 Implementation Actions 7.4 Funding and Financing Strategy The implementation of the NVCAP will require input by the public, City departments, regional agencies, and private property owners. The City will take the lead in coordinating areawide actions and establishing funding mechanisms for public investment in programs and capital projects. However, private investment through the architecture, landscaping, and maintenance of individual development projects will be a significant determinant of the look and feel of the plan area. This chapter outlines the process for development proposals, lists anticipated implementation actions, and identifies a range of potential funding mechanisms to unlock the NVCAP's vision and goals into reality. Item 11 Attachment G: Final Draft NVCAP Development Standards The NVCAP establishes new allowable land uses and corresponding development standards to implement the vision of the Plan. In addition to the development policies and guidelines mentioned in the earlier chapters of the Plan, other core development standards have been adopted and integrated into the Zoning Code, PAMC Title 18, as part of the Plan adoption. For all development criteria and regulations not amended or superseded by this Plan, the provisions of other chapters in the PAMC shall prevail. The NVCAP is primarily focused on residential development. While other types of uses are allowed, they are intended to be supportive for the residents and visitors to the neighborhood. New non-residential uses may be limited in size; where applicable the total area cannot be more than 5,000 square feet on a lot. Within the NVCAP, there are six zoning districts: 1. Single Family Residential District (NV -R1): The NV -R1 single family residential district aims to foster detached dwellings with open spaces for privacy and outdoor activities. Minimum site area requirements promote diverse neighborhoods, quality design, and accommodate accessory dwelling units. 2. Two Family Residential District (NV -R2): The NV -R2 two-family residence district permits a second dwelling unit under the same ownership as the initial dwelling unit in designated single-family areas, while maintaining the area's single family character. 3. Medium Density Multiple -Family Residential District (NV -R3): The NV -R3 district enhances multi -family housing neighborhoods, with development standards to mitigate impacts on adjacent lower density residential areas. Projects on larger parcels enable onsite parking and open space needs, like garden apartments or cluster developments, with anticipated density ranging from 16 to 30 dwelling units per acre and a 1.5:1 Floor Area Ratio. 4. High Density Multiple -Family Residential District (NV -R4): The NV -R4 district provides high -density apartment living, primarily along major transportation corridors near mass transit and employment centers. Density ranges anticipated from 61 to 100 dwelling units per acre, with a maximum Floor Area Ratio of 3.0:1. 5. Mixed -Use Districts (NV-MXL, NV-MXM, NV-MXH): Mixed -use districts encourage a blend of residential, retail, entertainment, office, service, and commercial spaces, fostering a pedestrian -friendly environment. The NVCAP includes three mixed -use districts: NV-MXL for small-scale commercial and limited residential; NV-MXM for a mix of residential and limited commercial; and NV- MXH for ground -floor retail, entertainment, and commercial with residential above, emphasizing a pedestrian -oriented streetscape. Density in these districts varies, with permitted dwelling units per acre anticipated from three to 100 and Floor Area Ratios ranging from 0.5:1 to 3.0:1. 6. Public Facilities District (NV-PF): The NV-PF district accommodates governmental, public utility, educational, and community service or recreational facilities. In North Ventura, a one -acre portion of the NV-PF district may allow for a 100% affordable housing project. For the specific land use and development standards for NVCAP, refer to PAMC Chapter 18.29, North Ventura (NV) District. Review Process All new external changes or improvements in NVCAP must go through a Coordinated Development Permit process as per PAMC Section 19.10.050. No such permit will be issued, and no building or structure can be erected, expanded, altered externally, placed, installed, or relocated within an approved coordinated area plan area unless it is consistent with the Plan. For any uses needing a conditional use permit in NVCAP zone districts, they must follow the standard Conditional Use Permit process outlined in Title 18 of the Municipal Code. In compliance with the California Environmental Quality Act (CEQA), a Supplemental Environmental Impact Report (EIR) was prepared for the NVCAP, supplementing the 2030 Comprehensive Plan EIR. When new projects undergo discretionary review by the City, the Supplemental EIR may be used for their environmental analysis. If the project's scope extends beyond the NVCAP's CEQA analysis, further assessment may be necessary. Figure 90 NVCAP Zoning Map 128 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 239 129 p Packet Pg. 614 of 692 mlItem Attachment G: Final Draft NVCAP Final Table 19 Implementation Actions in the NVCAP Implementation Land Use and Zoning e Actions .......................................................................................................................................................................................................... IM 1 Field questions, facilitate desired project design, and proactively reach out to property owners and Planning Ongoing local brokers to identify opportunities for investment and lot consolidation and to promote the vision Plan policies in the preceding of the Plan. chapterswill be implemented ...............................................................................................................................................................................................................................................................................................................' bydevelopers, property owners, Open Space ...._...._....__........ and the City over the course IM 2 ! Renaturalize Matadero Creek: Planning, Public Works, Long Term of the plan horizon, many Take actions to implement a concept for Matadero creek that will fully naturalize (removal of Santa Clara Valley Water District through development projects. concrete channel) between Park Boulevard and Lambert Avenue. The flood channel should be However, certain policies require widened to a 100 -foot riparian corridor, at maximum, to achieve maximum geomorphic form and implementationthat must be ecological function. ............................................................................................................................................................................................................................................................................................................................................................................................... initiated by City staff and/or IM 3 Public Park: Planning, Public Works Long -Term coordinated with other public Take actions to acquire, plan and implement the vision for a public park adjacent to Matadero agencies. Creek. ................................................................................................................................................................................................................................................................................................................................................................................................ Table 19 summarizes proactive steps needed to Street Improvements implement the NVCAP, agencies responsible for implementation, and the expected timeframe IM 4 Wayfinding Signs: Planning, Public Works, Ongoing for each action. Related policies and goals from Explore a program to design and implement a wayfinding sign program as an effective tool Office of Transportation preceding chapters for each implementation to celebrate history and provide a clear and predictable navigation for residents, visitors and action are also referenced. employees. Following Plan Adoption actions are anticipated to completed directly following the adoption of IM 5 Woonerf: Planning, Public Works,Ongoing the NVCAP. Explore and implement a concept for a woonerf that may either be a private or public/private Office of Transportation partnership to implement a concept that integrates vehicular, pedestrian and traffic calming • Ongoing actions are expected to be elements for the segment of Portage Avenue between Ash Street and Park Boulevard. implemented throughout the planning period. .............._...._......_...._...... - ...... - ......_...._...... - ...... -......_...._......_...._........._......_...._...... -........._......_...,.._...........................................---.............................._........-............... • Short-term actions are actions that are Historic Preservation expected to be completed within 0 to 4 years ......................................,........................................ from plan adoption. IM 6 Explore within the first year after adoption of the Plan, the initiation of California or National Register Planning I Short -Term • Mid-term actions are anticipated to be and/or local Inventory as appropriate/as determined by Council for the cannery and the Ash office implemented within 5 to 9 years from plan building. adoption. ....................................................................................................................................................................................................................................................................1........................................ Parking....ManaManagement g • Long-term actions are expected to be completed between 10 to 20 years from plan IM 7 Evaluate as needed future parking strategies to maintain parking availability such as a parking Office of Transportation Mid -Term to Long - 0 option. benefit district, pricing options, time -of -day restrictions, Residential Parking Permits, and shared Term parking. IM 8 If hourly pricing is used, then explore a strategy that creates targets such that 85% of the spaces are Office of Transportation Mid -Term to Long - used at any time OR such that 15% of the parking supply is available at any time. Term 130 North Ventura Coordinated Area Plan 131 Item 11: Staff Report Pg. 240 Packet Pg. 615 of 692 7.2 Item 11 Attachment G: Final Draft NVCAP IM 9 Explore unbundling commercial parking or requiring private parking to be available to the public. Planning Mid -Term to Long- Term ........................................:...................................................................................................................................................................................................................................................:..............................................................:.............................................. IM 10 Explore a parking pricing or a parking benefit district that could help support on -demand transit, Office of Mid -Term to Long - transportation demand management measures, active transportation investments, transit pass Transportation, Term programs, etc. ... - .... Planning Infrastructure Improvements IM 11 Evaluate water main capacity that may need to be upgraded on a project -by -project basis. It is Public Works Ongoing likely that the existing six-inch (6") water mains are not able to provide sufficient flow and pressure to meet required fire demands for new construction. Depending on the development project, water mains may need to be replaced and upsized to meet fire flow requirements. ..............................-.......................................................................................................................................................................................................................................................................................... .............................................. IM 12 Paving: Public Works Short-term to long-term Explore including into the Capital Improvement Program designs and implementation at key intersections and raised crossings. Public Art IM 13 Evaluate the placement of public art in relation to the Public Art Master Plan for the NVCAP. Community Services Ongoing ............................................................................................................ IM 14 Explore updating the Public Art Master Plan as necessary to reconcile the vision of the NVCAP. Community Services Mid -Term to Long - Term Mobility IM 15 Publicly accessible shared path on private property: Implement locations indicated within NVCAP by Public Works, Planning Ongoing requiring recorded easements over private property when property redevelops. 132 North Ventura Coordinated Area Plan 133 Item 11: Staff Report Pg. 241 1 Packet Pg. 616 of 692 7.4 Funding and Financing Strategy The NVCAP specifies new public infrastructure and amenities required to support the emergence of a walkable, transit -oriented, mixed - use neighborhood. The funding and financing strategy identifies the primary categories of capital improvement projects included in the NVCAP, and describes applicable funding and financing sources and mechanisms for constructing those projects. Major Project Categories Table 20 Funding Source Categories and Examples The public infrastructure and amenity improvements identified in the NVCAP fall into five primary categories consisting of bicycle and pedestrian infrastructure, streetscape, parks and Developer Development open space, green stormwater infrastructure, and Contributions Standards the re -naturalization of Matadero Creek. CEQA Mitigations Funding and Financing Sources and Mechanisms A variety of potential funding sources and financing mechanisms exist for implementing the improvements identified in the NVCAP. This section describes these sources and mechanisms and their potential uses within the Plan Area. In many cases, multiple funding sources will need to be combined to pay for specific projects. Although the terms "funding" and "financing" are often used interchangeably, there is an important distinction between the two terms. "Funding" typically refers to a revenue source such as a tax, fee, or grant that is used to pay for an improvement. Some funding sources, such as impact fees, are one-time payments, while others, such as assessments, are ongoing payments. "Financing" involves borrowing from future revenues by issuing bonds or other debt instruments that are paid back over time through taxes or fee payments, enabling agencies to pay for infrastructure before the revenue to cover the full cost of the infrastructure is available. Potential funding for improvements includes a mix of developer contributions (both required and negotiated, such as via the 340 Portage development agreement), City resources, outside grants, and district -based tools. Impact / In -Lieu Fees Negotiated Agreements .........._..............._.................---._!._........._........._...._........._...._..... City Resources General Fund Capital Improvement Plan User Fees ........................................................................................................... Outside Grants Regional, State, and Federal Grants District -Based Tools Special Assessment District Community Facilities District Enhanced Infrastructure Finance District Developer Contributions Development Standards: Each new development project will contribute to the NVCAP's implementation by meeting requirements regulating each project's land uses, height, density, setbacks, parking requirements, street frontage improvements, pedestrian access, and other requirements specified in the NVCAP. These standards are adopted in the City's zoning ordinance and must be satisfied for a project to be granted approval. Reimbursement Agreements: If a developer is required to provide additional infrastructure capacity or amenities to serve the entire district, a reimbursement agreement can be established to receive payments from later developers who benefit from these early improvements. This allows for areawide cost - sharing. CEQA Mitigations: Developers may be required to contribute to environmental mitigation measures, both for areawide needs and for their specific development projects. Impact / In -Lieu Fees: Item 11 Attachment G: Final Draft NVCAP Negotiated Agreements: Impact fees are one-time fees imposed on new developments to pay for improvements and facilities that either serve the new development or reduce the impacts of the project on the existing community. Fee revenues cannot be used to fund existing deficiencies in infrastructure. The City of Palo Alto already has citywide impact fees for Housing, Community and Public Safety Facilities, Traffic, Parks, and Public Art. All development projects within the Plan Area must meet citywide impact and in -lieu fee requirements. Community benefits are developer contributions that exceed the baseline features required under development standards, environmental mitigation measures, and impact fees. Community benefits agreements are negotiated with developers individually in exchange for additional development rights. A relevant example for this is the development agreement for the 340 Portage Avenue site. The developer proposes to provide more than two acres of land for a new public park surrounding Madero Creek and one acre for affordable housing, in addition to monetary contributions to both park improvements and the city's affordable housing fund. City Resources: General Fund: General Fund revenues include property tax, sales tax, transient occupancy tax, and other revenues that are primarily used to pay for ongoing municipal services and operations. Capital Improvement Plan (CIP): Infrastructure projects identified in the NVCAP are candidates for inclusion in the City's Capital Improvement Plan, which identifies a range of specific funding sources for capital improvement projects throughout the City of Palo Alto. For example, sanitary sewer and water main replacement projects and fiber optic backbone extensions within the NVCAP area are included in the Fiscal Year 2023 CIP, which plans expenditures for 2023-2027. User Fees: User fees and rates include the fees charged for the use of public infrastructure or goods. It may be possible to use a portion of user fee or rate revenue toward financing the costs of new infrastructure, but user fees are unlikely to be a major source of funding for implementation of the NVCAP. 134 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 242 135 p Packet Pg. 617 of 692 7.3 Item 11 Attachment G: Final Draft NVCAP Outside Grants Various federal, state, and regional grant programs distribute funding for public improvements. Because grant programs are typically competitive, grant funds are an unpredictable funding source, and the City of Palo Alto must remain vigilant in applying for grants to implement the NVCAP. Unique grant funding opportunities may become available due to the area's designation as a Priority Development Area by the Association of Bay Area Governments, and because most of the Plan Area is within %2 mile of a Caltrain station — enabling access to funds directed to transit - oriented locations. However, access to grant funds may be contingent on adopting land use policies that comply with MTC's Transit -Oriented Communities policy, with particular impacts on the Mobility Hubs and One Bay Area grants describe below. The following table describes outside grant funding sources that may be applicable to public capital improvements as of the passage of the NVCAP; this is not an exhaustive list, however, and new grant funding programs will open during the implementation of the NVCAP. Table 21 Examples of Potential Regional or County Grant Funding Sources for NVCAP Improvements Regional or County Mobility Hubs MTC The Mobility Hubs program funds projects in designated mobility hubs that connect services and infrastructure that promote the use of mobility options besides private vehicles. This includes connecting public transit, bike and pedestrian facilities, and bike or car share facilities. Transportation for Bay Area The TFCA program, administered by the BAAQMD, funds projects that reduce Clean Air (TFCA) Air Quality vehicle emissions. Sixty percent of funds collected go to the TFCA Regional Fund Regional Program: Management for competitive grants. Eligible projects must demonstrate air quality benefits and Bicycle Facilities District reduction of emissions from motor vehicles. One sub -program within the TFCA Grant Program (BAAQMD) Regional Fund is the Bicycle Facilities Grant Program, which funds the construction of new bikeways and the installation of new bike parking facilities. ................. Santa Clara i VTA ...... .... ....- Measure B was passed by Santa Clara County voters in 2016. Measure B authorized County Measure a 30 -year, half -cent countywide sales tax to invest in transit, highway, and active B: Bicycle and transportation projects. Measure B includes nine different program areas, one of Pedestrian which is the Bicycle and Pedestrian Program (BPP). The BPP provides funding for Program bicycle and pedestrian capital projects and planning studies. Priority is given to projects that connect schools, transit and employment centers, and that fill gaps in ....--..._....--..._...._...._...._............._.................................!_..._....--....--..._...._..._...._....--..._...._....--..._...._....--..._...._....--..._...._...._..._...._....--..._...._...._..._...._....--..._...._...._...._........ existing bike/ped networks. One Bay Area MTC OBAG 3 is MTC's comprehensive policy and funding framework for distributing Grant (round 3) federal funding. OBAG 3 includes a Regional Program and a County Program. The .....................................................................................!..................................................................................................................................................................................................... county programs includes various competitive sub-programs. Transportation MTC TDA funds are derived from a 1/4 cent of the States general sales tax. Article 3 of Development Act the TDA makes a portion of these funds available for use on bicycle and pedestrian (TDA) Article 3 projects. MTC programs TDA funds in the Bay Area. Program 136 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 243 1 Packet Pg. 618 of 692 137 7.3 Item 11 Attachment G: Final Draft NVCAP Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements State Infill Infrastructure Grant California Department ': The Infill Infrastructure Grant program provides fund for infrastructure improvements necessary to enable of Housing and residential or mixed -use infill development. Community Development --------------------- ;....--....-....--....--....-....--....--....-....--....--.;....--....-.....-....--....--...--....--....--...--....--....--...--....--....-.....-....--....-....--....--....--...--....--....--...--....--....--...--....--....--...--....--....--...--....--....--...--....--....-.....-....--....-.....-....--....-.....-. Transformative Climate California Strategic Proceeds from California's Cap -and -Trade Program help fund the Transformative Climate Communities Communities Growth Council (TCC) program. The TCC provides competitive grants for coordinated, community -led development and •: infrastructure projects focused on achieving multiple environmental, health, and economic benefits within a given community. Examples of eligible projects include affordable housing, transit, bicycle/pedestrian improvements, and urban green infrastructure. The TCC program prioritizes disadvantaged communities that have been most impacted by pollution, as measured by the CalEnviroScreen index. The TCC program offers Implementation Grants and Planning Grants. ....................................................................!........................--.........--.................-......................................--................................--................................--....--.........--...............--..................................................................--...............--...............--............ Affordable Housing and California Strategic ': Proceeds from California's Cap -and -Trade Program help fund the AHSC program. AHSC is a competitive state Sustainable Communities Growth Council grant program that promotes infill development and the reduction of greenhouse gas emissions through transportation and land use change. AHSC encourages combined investments in affordable housing, transit, and active transportation infrastructure, with a majority of funds typically awarded to the affordable housing ..........._............_......_...._......_...._....!......._......_...._......_...._..................._..._...._...._..._...._...._..._...._...._...._......_........._...._........._...._........._...._........._...._................._........._...._........._...._........._...._........._......... component of a project. Urban Greening Program California Natural Proceeds from the State's Cap -and -Trade Program help fund California's Urban Greening Program. The Resources Agency Urban Greening Program provides competitive funding for projects that reduce greenhouse gas emissions and provide other benefits related to reducing air/water pollution and the consumption of natural resources, and/or to increasing green spaces and green infrastructure. Eligible projects include the enhancement or expansion of neighborhood parks, green streets, urban trails, facilities that encourage active transportation, and other urban heat island mitigation measures. The program prioritizes projects that benefit disadvantaged ...........................................................!....................................................'................................................................................................................................................................................................................................................................ communities, as determined by the CalEnviroScreen index. Active Transportation California ATP provides statewide competitive grants for pedestrian and bicycle capital projects. Certain trail projects are Program (ATP) Transportation also eligible if they meet the requirements of the Recreational Trails Program (RTP), a sub -program within ATP. Commission/MTC Beyond the statewide competitive grants, ATP funds are also distributed to MPOs. A minimum of 25% of ATP ...........................................................!.................................................................................................................................................................................................................................................................................................................... funds must be allocated to disadvantaged communities. Urban Streams California Department The USRP funds projects and provides technical assistance to restore urban streams to a more natural state. Restoration Program of Water Resources Funds used for planning only must be used for projects that will serve disadvantaged communities once (USRP) completed. Matching funds of 20 percent must be provided unless the grant will benefit a disadvantaged community. Examples of eligible projects include installation of green infrastructure such as bioswales, removing culverts or storm drains, and flood protection enhancements. Land and Water California Department The LWCF is a competitive grant program focused on creating new outdoor recreation opportunities for Conservation Fund of Parks and Recreation Californians. The program funds the acquisition or the development of recreational space. Eligible projects include the acquisition of land to create a new park, a buffer for an existing park, or a recreational/active transportation trail corridor, or the development of recreational features (e.g. sports fields, dog parks, gardens, open space, etc.) 138 North Ventura Coordinated Area Plan Item 11: Staff Re ort P 244 139 p g• Packet Pg. 619 of 692 7.3 Item 11 Attachment G: Final Draft NVCAP Table 22 Examples of Potential State Grant Funding Sources for NVCAP Improvements (continued) State Local Highway Safety Caltrans HSIP is funded by federal aid as a core program and was codified under the 2021 Infrastructure Investment Improvement Program and Job Act. HSIP seeks to achieve significant reductions in traffic fatalities and injuries on public roads. Funds (HSIP) are eligible for work on any public road or publicly owned bicycle or pedestrian pathway or trail, so long as the investment is focused on improving user safety for and addresses a specific safety problem. Non -safety related capital improvements (e.g. landscaping, street beautification) cannot exceed 10 percent of project costs. ...._.........._...._..._...._...._......_...._....;._...._..._...._...._.................... -- Caltrans requires that projects be consistent with California's Strategic Highway Safety Plan. ....._...._..._...._...._..._...._...._..._...._........._...._...._..._...._..._...._........._...._...._........._...._...._..._...._........._...._........._...._........._...._........._...._.................... . Senate Bill 1: Local California •. SB 1, which was signed into law in 2017, is a $54 -billion legislative package to fix and enhance roads, Partnership Program (LP) Transportation freeways, bridges, and transit across California. Funds are split among numerous programs. SB 1 created Commission the LP program to reward jurisdictions and transportation agencies that have passed sales tax measures, developer fees, or other imposed transportation fees. The LP program includes a formula allocation as well as a competitive component. Eligible projects include a wide variety of transportation improvements - roads, pedestrian/bicycle facilities, transit facilities, and other improvements to mitigate urban runoff from new transportation infrastructure. For the competitive grant program, funds can only be used for capital ..............................................-..._..-..........................................._........................................................................................................................................................................................................................ improvements. Table 23 Examples of Potential Federal Grant Funding Sources for NVCAP Improvements Federal Infrastructure Investment Federal Highway I The Infrastructure Investment and Jobs Act provides over $550 billion for the nation's infrastructure, and Jobs Act Administration, Federal i Estimated apportionments are available for Fiscal Years 2022-2026. Funds are available for a wide array of Transit Administration, i infrastructure needs including those related to public transit, airports, ports, bridges, water systems, and more. Federal Railway Most of the funds will be distributed through state agencies which will be accessible through a range of state Administration, and grant programs, whereas other funds will be apportioned directly to urbanized areas, and additional funds Federal Aviation will be available through federal grants processes. The State of California is estimated to be apportioned more Administration than $35 billion over five fiscal years, and the San Jose urbanized area, which includes Palo Alto, is expected to be directly apportioned $536 million over this same time period. 140 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 245 141 p Packet Pg. 620 of 692 Item 11 Attachment G: Final Draft NVCAP District -Based "Value Capture" Tools Table 24 Summary of Major District -Based Value Capture Tools Land -based financing tools are typically associated with new real estate development to generate benefit -based special assessment revenues or property tax revenues to finance Special Assessment Additional assessment against a range of Most useful for funding ongoing ': Requires simple majority vote of paying stakeholders. improvements through bond repayment or Districts participants, depending on the type of district and relative benefit received. operations and maintenance. Increases costs and risk for paying stakeholders. Stakeholders need to paying for improvements over time. District- perceive a clear benefit for themselves. based tools provide a stable revenue stream Examples include: Landscaping and Lighting while ensuring that properties benefitting from District, Community Benefit District, Business Impacts paying stakeholders' overall ability to support other taxes, fees, improvements also contribute to those public Improvement District, and community benefits. investments. The table below describes the three primary types of district -based funding and Little financial risk to the City or public agencies; could lead to increased financing tools. Note that assessment districts tax revenue based on private reinvestment. and community facilities districts primarily capture additional funding from private entities, Additional City staff time to administer districts could offset some gains. while the enhanced infrastructure financing ........_ . ............................_............................................................................................................................... district reinvests growth in public property tax Community Facilities Additional assessment on property, levied Financing infrastructure Requires approval of 2/3 of property owners (by land area) if there are revenues within the district. If a district -based tool District (Mello -Roos) and varied based on a selected property improvements, development of fewer than 12 registered voters residing in the district. is utilized, the boundaries do not necessarily need characteristic (excluding property value), public facilities; also, ongoing operations and maintenance. Boundaries can include non-contiguous parcels. to align with the NVCAP Plan Area boundaries. Fees can be proportionally subdivided and passed onto future property / home owners. Increases costs and risk for landowners and homeowners if fees dissuade buyers or reduce achievable sales prices. Impacts paying stakeholders' overall ability to support other taxes, fees, ...........................................................................................................................................................................!............................................................................................................................................................................................................................................................ and community benefits. Enhanced •. Diverts a portion of future municipal General Financing infrastructure Formation and bond issuance does not require a local vote. Infrastructure Fund property tax revenues generated within improvements, development Financing District the district to help fund infrastructure projects. of public facilities, affordable Does not cost individual property owners additional fees and taxes. (EIFD) Climate resilience districts area type of EIFD housing development. Does not divert revenues from schools. specifically intended to fund climate projects such as addressing sea level rise. Reduces future General Fund revenues by restricting use of the district's future property tax revenue growth. 142 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 246 143 p Packet Pg. 621 of 692 Item 11 Attachment G: Final Draft NVCAP Infrastructure Improvements and Applicable Funding Sources The following table describes the applicability of various funding sources to the improvement needs identified in the NVCAP. Funding availability for improvements within the Plan Area will vary based on development activity, economic conditions, and availability of grants. Table 25 Infrastructure Improvements and Applicable Funding Sources in the NVCAP Development ; CEQA Mitiga- Impact and In- Negotiated General Fund Capital Im- ; User Fees CFD ; EIFD Special Assess- ; Grants (Fed - Standards ; tion Lieu Fees Agreements provement Plan ment District ; eral, Regional, State) ----------------------------------------------------------------------------•--------------------•--------------------• Bicycle and Pedestrian Infrastructure, Streetscape Improvements •--------------------•--------------------•--------------------•--------------------•-------------------- ------------------- ------------------------------------ •-------------------- Public Right of Way X X X X X X X X X Improvements Intersection Improvements X X X X X X X X X ---------------- Parks and Open Space ---------------- -------------------- -------------------- ---------------------I ----------------- ------------------ ----------------------------------------------------------------------------- Land Acquisition -------------------- X -------------------- X ------------------------------------------------------------- X ----------------------------------------- X X --------------------------------------- X ------------------------------------------------------------------------------------------------------------------------- Construction of New Parks or X X -------------------------------------------------------------- X ---------------------------------------------------------------------------------- X X X Plazas ------------------------------ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Matadero Creek Re -Naturalization i Land Acquisition X X X X X X Construction of New X X X X X X X Infrastructure ------------------------------------ -------------------- Utilities------------------- -------------------- -------------------- ------------------------------------------------------------ -------------------- -------------------- -------------------- ------------------• ------- District-wide: Stormwater, ----------------------- X X X ------ • X X -- --------- X ---------------------------- X X Water, and Sewer Improvements On-site/Project Specific: X X X X Stormwater, Water, and Sewer Improvements 144 North Ventura Coordinated Area Plan Item 11: Staff Report Pg. 247 145 p Packet Pg. 622 of 692 Item 11 Attachment G: Final Draft NVCAP Item 11: Staff Report Pg. 248 CITY OF PALO ALTO Packet Pg. 623 of 692 Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP Commenter: Cedric (via Zoom) Hello, good early afternoon. Thanks to the staff for working on this plan and thanks to the ARB for your prior comments. I was happy to see that in your comments there was a lot of support and encouragement for rooftop gardens, as well as good access to the to the creek, the renaturalized creek. I'm really looking forward to that creek being renaturalized to a hundred -foot channel that would allow the maximum winding of the creek. I hope that the zoning areas and stuff will be preventing or dissuading any development through the area that the creek would expand into, so that we don't block the ability to widen the creek. I saw that in the comments that there were desires to incentivize more rooftop gardens and I saw that they're kind of supported by the green building standards, but not necessarily incentivized. I wonder if there's additional ways to incentivize them. And I guess this will come later when we actually go to design the naturalization of the creek. My understanding is, from the past, from the prior, feasibility study that, there is a plume of ground pollution and so there would be, underneath the naturalized creek, some sort of impermeable barrier to prevent those pollutants from spreading into the creek. And I wonder if there's some way to actually fix up that ground pollution so that the creek can have full contact with the Earth. There's a lot of information out now or you know, I don't know how new this information is, but basically underneath every creek and river there's a underground parallel river that helps to support the life of the creek in the soil, and I forget the exactly the details, but I think it was like 1 h of water moving through the ground -based creek would remove like 90% of pollutants from about 78% of the types of pollutants. So it's really valuable for cleaning our waters and promoting a healthy ecosystem. So hopefully we'll find a way to clean up that pollution and get the creek fully in contact with the earth. Thank you. Item 11: Staff Report Pg. 249 Packet Pg. 624 of 692 CALIFORNIA STATE TRANSPORTATION AGENCY Item 11 Attachment H: Public VERNOR California Department of Transportation DISTRICT 4 OFFICE OF REGIONAL AND COMMUNITY PLANNING P.O. BOX 23660, MS -1 OD I OAKLAND, CA 94623-0660 www.dot.ca.gov April 22, 2024 Kelly Cha, Senior Planner City of Palo Alto 250 Hamilton Avenue, 6th Floor Palo Alto, CA 94301 rmment Letters on Draft SEIR and Draft NVCAP .. o. Nf A � •iVVWV C��iIOPN�� SCH #: 2023020691 GTS #: 04-SCL-2023-01266 GTS ID: 29299 Co/Rt/Pm: SCL/82/24.037 Re: North Ventura Coordinated Area Plan — Draft Environmental Impact Report (DEIR) Dear Kelly Cha: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the North Ventura Coordinated Area Plan. The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the March 2024 DEIR. Please note this correspondence does not indicate an official position by Caltrans on this project and is for informational purpose only. Project Understanding The proposed project will adopt land use policies and programs that would allow for additional 530 residential units and would incorporate two acres of new public open space within the North Ventura Coordinated Area. Residential densities would range from low to high. The plan would additionally result in a net reduction of up to 278,000 square feet of office space and up to 7,500 square feet of retail space. The project site is located at the intersection State Route (SR) -82 and Page Mill Rd in Palo Alto and is approximately 60 acres with three proposed intersection improvement sites located within Caltrans' Right of Way (ROW). Travel Demand Analysis With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements. For more information on how Caltrans assesses Vehicle "Provide a safe and reliable transportation network that serves all people and respects the environment" Item 11: Staff Report Pg. 250 Packet Pg. 625 of 692 Kelly Cha, Senior Planner April 22, 2024 Page 2 Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP Miles Traveled (VMT) analysis for land use projects, please review Caltrans' Transportation Impact Study Guide (link). The project VMT analysis and significance determination are undertaken in a manner consistent with the City of Palo Alto VMT policy. Per DEIR, this project is found to have a less than significant VMT impact. However, since the additional trips generated from this project would impact several intersections along El Camino Real within Caltrans' jurisdiction, we request an in-depth traffic safety impact analysis including Intersection Safety Operational Assessment Process (ISOAP). Fair Share Contributions As the Lead Agency, the City is responsible for all project mitigation, including any needed improvements to the State Transportation Network (STN). The project's fair share contribution, financing, scheduling, implementation responsibilities and lead agency monitoring should be fully discussed for all proposed mitigation measures. The DEIR has identified that the additional trips generated from this project could have an adverse effect on the operation of three Caltrans intersections under horizon plus project conditions. Please consider the following Projects for fair share contributions to mitigate the impact of this project to the State Transportation Network: • Metropolitan Transportation Commission (MTC)'s Plan Bay Area 2050: Bus Rapid Transit (BRT) Modernization with SamTrans on El Camino Real (RTP ID 21-T10-078). This program includes funding to implement BRT improvements to existing bus service along El Camino Real from Daly City Bay Area Rapid Transit (BART) to Palo Alto Caltrain Station. Improvements include frequency upgrades (15 - minute peak headways), dedicated lanes (45% of route), transit priority infrastructure and transit signal priority. • Active transportation projects in support of building a multimodal transportation system to accommodate users of all ages and abilities: o Caltrans District 4 Bike Plan: Class IV separated buffered bike lanes on El Camino Real from Sand Hill Rd to San Antonio Rd. Hydrology There would be significant impact from storm runoff due to proposed development. Please ensure that any increase in storm water runoff from the development do not encroach on Caltrans' ROW but be efficiently intercepted by drainage inlets. The existing storm drain system in Caltrans' ROW might need to be upgraded in size to allow increased runoff. A detailed Drainage report will be required to be submitted to our office for review and approval. "Provide a safe and reliable transportation network that serves all people and respects the environment" Item 11: Staff Report Pg. 251 Packet Pg. 626 of 692 Kelly Cha, Senior Planner April 22, 2024 Page 3 Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP Freight SR -82 is identified as a Terminal Access Route by the Freight Network Designation. Lane widths and turning movements should be considered during development. Construction- Related Impacts Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link). Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the STN. Encroachment Permit This project would result in a significant increase in usage for El Camino Real. Please identify whether any projects will be required on SR -82 in the immediate vicinity as a result of this area plan to accommodate the residential and mixed use. In the event of such projects, please provide information if there would be dedications for additional ROW required as a condition of future development. Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans' ROW requires a Caltrans-issued encroachment permit. As part of the encroachment permit submittal process, you may be asked by the Office of Encroachment Permits to submit a completed encroachment permit application package, digital set of plans clearly delineating Caltrans' ROW, digital copy of signed, dated and stamped (include stamp expiration date) traffic control plans, this comment letter, your response to the comment letter, and where applicable, the following items: new or amended Maintenance Agreement (MA), approved Design Standard Decision Document (DSDD), approved encroachment exception request, and/or airspace lease agreement. The checklist TR-0416 (link) is used to determine the appropriate Caltrans review process for encroachment projects. The Office of Encroachment Permit requires 100% complete design plans and supporting documents to review and circulate the permit application package. To obtain more information and download the permit application, please visit Caltrans Encroachment Permits (link). Your application package may be emailed to D4Permits@dot.ca.gov. Equity We will achieve equity when everyone has access to what they need to thrive no matter their race, socioeconomic status, identity, where they live, or how they travel. Caltrans is committed to advancing equity and livability in all communities. We look "Provide a safe and reliable transportation network that serves all people and respects the environment" Item 11: Staff Report Pg. 252 Packet Pg. 627 of 692 Kelly Cha, Senior Planner April 22, 2024 Page 4 Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP forward to collaborating with the City to prioritize projects that are equitable and provide meaningful benefits to historically underserved communities. If any Caltrans facilities are impacted by the project, those facilities must meet American Disabilities Act (ADA) Standards after project completion. As well, the project must maintain bicycle and pedestrian access during construction. These access considerations support Caltrans' equity mission to provide a safe, sustainable, and equitable transportation network for all users. Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Marley Mathews, Transportation Planner, via LDR-D4@dot.ca.gov. For future early coordination opportunities or project referrals, please contact LDR-D4@dot.ca.gov. Sincerely, YUNSHENG LUO Branch Chief, Local Development Review Office of Regional and Community Planning c: State Clearinghouse "Provide a safe and reliable transportation network that serves all people and respects the environment" Item 11: Staff Report Pg. 253 Packet Pg. 628 of 692 Santa Clara Valley Transportation Authority April22, 2024 City of Palo Alto City Hall 250 Hamilton Avenue, 5th floor Palo Alto, CA 94301 Attn: Kelly Cha, Senior Planner By Email: nvcap@cityofpaloalto.org Dear Kelly, Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP VTA appreciates the opportunity to comment on the Draft North Ventura Coordinated Area Plan (NVCAP) and its Draft Supplemental EIR. VTA has reviewed the documents and has the following comments. Countywide Plans The Draft NVCAP and its Draft Supplemental EIR should include relevant countywide plans with the listed local, regional, and state plans. VTA recommends including VTA's Visionary Network and Bike Superhighway Implementation Plan and specifically recommends highlighting El Camino Real's improvements identified in the two plans. Caltrain Crossing VTA recommends exploring adding a bicycle and pedestrian crossing across the Caltrain tracks within the plan's area. Currently, there is no crossing along the plan's frontage. With the plan's increased density, the lack of crossing may cause more users to trespass onto the tracks and thereby increase the risk of incidents. Transportation Mitigation Measures VTA would like more information on the TRANS -1 b Mitigation Measures: "Fees collected would be used for capital improvements aimed at reducing motor vehicle trips and motor vehicle traffic congestion" (page vii). If Transit Signal Priority (TSP) improvements are applicable to this mitigation measure area, VTA recommends including a fair share contribution to upgrade the traffic signal controller cabinets on El Camino Real to comply with VTA's Enhance Traffic Signal Controller guidance document (see attached). The existing equipment in the traffic signal controller cabinets is reaching its end of useful life and the traffic signal controllers do not have the capabilities to work with more modern forms of TSP. Future Coordination VTA appreciates the multimodal transportation improvement and connections to Caltrain and VTA identified in the plan. VTA would like to review future development applications. Please send applications to plan.review@vta.org. 3331 North First Street Administration 408-321-5555 San Jose, CA 95134-1927 Customer Service 408-321-2 Item 11: Staff Report Pg. 254 Packet Pg. 629 of 692 City of Palo Alto April 22, 2024 Page 2 of 2 Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP Thank you again for the opportunity to review this project. If you have any questions, please do not hesitate to contact me at 408-321-5804 or larissa.sanderfer@vta.org. Sincerely, Larissa Sanderfer Transportation Planner II PA2401 Item 11: Staff Report Pg. 255 Packet Pg. 630 of 692 Item 11 Attachment H: Public Comment Letters on Draft From: Cha, Kelly SEIR and Draft NVCAP To: Natalie Noves Cc: Raybould, Claire Subject: Fw: VW File 33840 - NVCAP SEIR Review at Matadero Creek Date: Tuesday, April 23, 2024 8:07:24 AM Attachments: image001.Dnng Outlook-xooccv5s. ona Forwarding 3 of 3 KELLY CHA Senior Planner ❑® Planning and Development Department (650) 329-2155 1 kelly.cha(@cityofpaloalto.org https://link.edgepilot.comcomV0a79fblc/8pMn0bfe90eBGV0as8meoA? u=http://www.cityofpaloalto.org/ From: Gennifer Wehrmeyer <GWehrmeyer@valleywater.org> Sent: Monday, April 22, 2024 4:59 PM To: North Ventura Coordinated Area Plan <NVCAP@CityofPaloAlto.org> Cc: Shree Dharasker <sdharasker@valleywater.org>; Raybould, Claire <Claire.Raybould@CityofPaloAlto.org>; CPRU-Dropbox <CPRU@valleywater.org> Subject: VW File 33840 - NVCAP SEIR Review at Matadero Creek CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Kelly Cha, The Santa Clara Valley Water District (Valley Water) has reviewed the Draft Supplemental EIR (SEIR) and Draft North Ventura Coordinated Area Plan (NVCAP) to plan for a walkable, mixed - use neighborhood on approximately 60 acres roughly bounded by Page Mill Rd, El Camino Real, Lambert Ave, and the Caltrain tracks in Palo Alto, received on March 8, 2024. Based on our review Valley Water has the following comments on the SEIR and NVCAP plans: SEIR COMMENTS 1. The NVCAP will impact Valley Water facilities. Valley Water currently has easement, exclusive easement, and fee title property within the project area along Matadero Creek, as seen in the deeds linked here: https://link.edc!eoilot.com/s/96c3194b/K2t1 a2aA0kKhEdFAJKBNZA? u=https://fta.valleywater.org/fl/aFJnDLpWvc. Please submit plans showing the proposed work in greater detail on or adjacent to Valley Water right of way. In accordance with Valley Water's Water Resources Protection Ordinance (WRPO), any construction activity within or adjacent to Valley Water property will need an encroachment permit. A copy of the encroachment permit application can be found here: https://link.edgeailot.com/s/54803bf0/zhYcv18m4UeWZzeSg9W1 KA? u=https://www.valleywater.org/contractors/doing-businesses-with-the- district/permits-working-district-land-or-easement/encroachment-permits. Valley Water encroachment permits are discretionary actions, and therefore, Valley Water is a Item 11: Staff Report Pg. 256 Packet Pg. 631 of 692 responsible agency under CEQA. Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP 2. Santa Clara Valley Water District (Valley Water) should not be referred to as "District" throughout the SEIR. While the official name of the agency remains Santa Clara Valley Water District. Valley Water has been used as a moniker since 2019. Please replace "District" with "Valley Water" on pages 142 and 143. 3. SEIR Figures 2.3-3 through 2.3-6. pages 33 through 36, and NVCAP plan Figures 36 and 42. pages 43 and 51. depict the removal of Matadero channel improvements, including the removal of Valley Water's maintenance path and concrete channel lining, and replacement with a widened channel section with a riparian corridor, pedestrian paths. and a pedestrian bridge over Valley Water fee title property and easement. At a minimum,proposals to naturalize the Matadero Creek flood protection facility must not: increase our costs to maintain the facility: reduce maintenance access: reduce the level of flood protection currently provided by the channel: and create channel instability. Additionally. proposals must: include a net benefit to Valley Water (including the reservation of lands in Valley Water fee title for the Valley Water's use in fulfilling future mitigation planting requirements for its stream maintenance program): provide sufficient additional right of way to Valley Water to operate and maintain the modified facility (including all areas required to contain the same level of flood protection currently afforded): include regulatory permitting: provide appropriate mitigation (that do not include use of Valley Water right of way for mitigation planting): and be a geomorphic. stable channel that will not increase erosion or sediment deposition or increase the potential for damage to or failure of the adjacent concrete channel lining, up or downstream of the proposed naturalization. Once a proposal is provided to Valley Water for review, we will be able to provide comments. Valley Water expects adjacent landowners to provide right of way to accommodate any desired recreational facilities and amenities that are not conducive to sharing space with a maintenance road. 4. SEIR page 149. "Hydrology and Water Quality", and page 204, "Storm Drain System". states that the creation of Matadero Park and naturalization of Matadero Creek through the establishment of a 100 -foot riparian buffer will result in a net reduction of impervious surfaces, and that this net decrease in impervious surfaces will result in a corresponding decrease in stormwater runoff. It is not clear if the determination of "less than significant impact" regarding impacts related to drainage relies on the proposed naturalization of Matadero Creek. Since this work is not proposed as a part of the NVCAP. naturalization of Matadero Creek should not be considered in the impact analysis for drainage and this discussion should be revised for accuracy and clarity. 5. SEIR page 24. Section 2.3.9. "Naturalization of Matadero Creek". discusses the removal of Lambert Avenue Bridge and replacement with a new 100 -foot clear -span bridge. Since the section of Matadero Creek at Lambert Avenue is not proposed for naturalization, the need for the bridge replacement as a part of the naturalization work is Item 11: Staff Report Pg. 257 Packet Pg. 632 of 692 Item 11 Attachment H: Public rmment Letters on Drs SEIR and Draft NVCAP Water once available for review and comment. 6. Valley Water has an exclusive easement reserved for flood control purposes on APN 132-38-011. which would restrict the ability of the City of Palo Alto (City) to obtain a trail easement over this portion of the Matadero Creek maintenance road without Valley Water relinquishing the exclusivity of its easement. Further discussions will be needed between Valley Water and the City if the City wishes to pursue access through this easement. 7. Please modify the "Water Resources Protection Ordinance and District Well Ordinance" section on SEIR page 156 to include the following statement in its entirety: Valley Water operates as a flood protection agency for Santa Clara County. Valley Water also provides stream stewardship and is the wholesale water supplier throughout the county, which includes the groundwater recharge program. In accordance with Valley Water's Water Resources Protection Ordinance, any work within Valley Water's fee title right of way or easement or work that impacts Valley Water's facilities requires the issuance of a Valley Water permit. Under Valley Water's Well Ordinance 90-1, permits are required for any boring, drilling, deepening, refurbishing, or destroying of a water well, cathodic protection well, observation well, monitoring well, exploratory boring (45 feet or deeper), or other deep excavation that intersects with the groundwater aquifers of Santa Clara County. 8. Please submit plans for any proposed underground structures or dewatering plans to Valley Water for review once available. Valley Water cannot determine that dewatering activities will not substantially decrease groundwater supplies or substantially interfere with groundwater recharge until such plans are made available. 9. SEIR page 140, Section 3.8, "Hydrology and Water Quality", 3.8.1.1, "Regulatory Framework, Federal and State", should include a brief summary of California's Sustainable Groundwater Management Act (SGMA) under the State regulatory framework because Valley Water's 2021 Groundwater Management Plan (mentioned on page 142) is a DWR approved Alternative to a Groundwater Sustainable Plan (Alternative) under SGMA. 10. SEIR page 142, "2021 Groundwater Management Plan" should include the following detail near the beginning of the paragraph: "The 2021 GWMP is the first periodic update to the approved Alternative to a Groundwater Sustainability Plan under SGMA." 11. SEIR pages 145 and 148, "Groundwater", should be modified to read "Typical groundwater depths in Palo Alto range from less than 10 to 30 feet below ground surface (bgs)." because groundwater depths can be shallower than 10 feet in many areas of Palo Alto. For example, City well 06S03W12R010, located directly adjacent to the project site, regularly has water levels about 5 feet bgs (most recent data for March 2024 is 5.5 feet bgs). Groundwater level data in Palo Alto can be viewed on Valley Water's historical groundwater elevation data website: https://link.edgepilot.com/s/52ad5893/UoPDYbO-AUicIroC7bXiEw? u=https://gis.valleywater.org/GroundwaterElevations/map.php. 12. On SEIR page 148, the project site is located entirely overlying the confined zone of the Item 11: Staff Report Pg. 258 Packet Pg. 633 of 692 Item 11 Attachment H: Public Comment Letters on Draft Santa Clara Subbasin and not within the recharge zone. Therefore, a SEIR and Draft NVCAP irrigation that infiltrates the Project site would recharge the shallow aquifer above the confining layer. The deeper, confined aquifer is the primary groundwater supply of the Santa Clara Subbasin, not the shallow aquifer. This is why Valley Water has no recharge ponds or facilities near the Project site. 13. On SEIR page 148, "Standard Permit Conditions", given the first bullet (Prohibit dewatering during the rainy season.), we recommend that the Project construction activities consider that groundwater levels are typically the highest (closest to land surface) during the rainy season. 14. On SEIR page 148, given that the Project overlies the confined aquifer, potential dewatering activities are unlikely to negatively impact the groundwater supply because the primary supply is from the confined aquifer. However, the Project site is located within the seawater intrusion outcome measure area, as defined in the 2021 Groundwater Management Plan (see Chapter 5 and Appendix H). We recommend that any future dewatering permit applications evaluate and mitigate if the dewatering activities, particularly any long-term or ongoing dewatering, will negatively affect the spatial pattern of seawater intrusion in the shallow aquifer. 15. On SEIR pages 148, 149, and 150, there is conflicting text about impacts to groundwater that should be resolved. This includes text on page 148 stating "Temporary or permanent dewatering could affect groundwater supplies." and page 149 stating "... NVCAP in compliance with the above standard permit conditions and existing regulations (including the NPDES General Construction Permit and MRP) would not substantially deplete groundwater supplies...". Page 150 also states "...NVCAP would not substantially decrease groundwater supplies..." 16. According to the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) 06085C0017H, effective May 18, 2009, the majority of the project site is within FEMA Flood Zone X, an area with a 0.2% annual chance flood hazard, and the areas of Matadero Creek are located within Flood Zone A, a special flood hazard area with 1.0% annual chance flood discharge contained in the structure with no base flood elevations determined. 17. Santa Clara Valley Water District (Valley Water) records indicate that 40 active wells are located on the subject property. Valley Water's Well Information App can be used to help locate wells on the Project site: https://link.edgepilot.com/s/aaa90e47/RLSVX5- BN0enFpbUy2GAaQ?u=https://www.valleywater.org/contractors/doing-businesses- with-the-district/wells-well-owners/well-information-app. While this app indicates there are many destroyed wells and active water supply and monitoring wells on the project site, there could be additional unknown abandoned wells. If any existing wells are to be destroyed by the Project and if any abandoned wells are identified during the Project, they need to be properly destroyed in coordination with Valley Water staff at the Well Permitting and Inspections Hotline: 408-630-2660 (https://link.edgepilot.com/s/35f51 adc/myTamLgd5E6RYVllMIOvEw? u=https://www.valleywater.org/contractors/doing-businesses-with-the-district/wells- well-owners . 18. The State GeoTracker webpage (https://link.edgepilot.com/s/5aca8e9f/JJuzdFwpNUOX6LmjG7LaJw? u=https://geotracker.waterboards.ca.gov/) lists at least 8 open cleanup sites within the Project footprint. Any proposed groundwater dewatering near these sites should be Item 11: Staff Report Pg. 259 Packet Pg. 634 of 692 Item 11 Attachment H: Public Comment Letters on Draft approved by the relevant regulatory oversight agency. SEIR and Draft NVCAP NVCAP PLANS COMMENTS 19. Figure 36, page 43, Figure 42, page 51, and Figure 75, page 107, of the NVCAP plans show multiple crossings of Matadero Creek, while Figure 43, page 52, only shows one creek crossing. The number of creek crossings is to be minimized. Valley Water only supports one creek crossing. Please reference Valley Water's Water Resources Protection Manual, Design Guide 4, "Riparian Revegetation or Mitigation Projects", and Design Guide 16, "Guidance for Trail Design", when designing creek crossings. 20. Page 60, "Green Infrastructure", discusses the use of green stormwater infrastructure as a part of the NVCAP plans. Re -development of the site provides opportunities to minimize water and associated energy use by incorporating on -site reuse for both storm and graywater and requiring water conservation measures to exceed State standards. To reduce or avoid impacts to water supply, the City and applicant should consider implementing measures from the Model Water Efficient New Development Ordinance, which include: A. Hot water recirculation systems. B. Alternate water sources collection (like cisterns) and recycled water connections as feasible. C. Pool and spa covers. D. Encourage non -potable reuse of water like recycled water, graywater and rainwater/stormwater in new development and remodels through installation of dual plumbing for irrigation, toilet flushing, cooling towers, and other non - potable water uses. E. Require dedicated landscape meters where applicable. F. Require installation of separate submeters to each unit in multi -family developments and individual spaces within commercial buildings to encourage efficient water use. G. Weather- or soil -based irrigation controllers. 21. Lighting described on Page 63 must be directed away from the creek. Please explain whether wildlife can trigger motion sensors, as this would counteract efforts to protect habitat from nighttime lighting. Please reference Guidelines and Standards Design Guide 16.I.H for lighting requirements near creeks. The Guidelines and Standards were adopted by the City of Palo Alto under Ordinance 4932. 22. Page 108, Section 5.1.7, mentions the use of pollinator -friendly native plants. Please reference Guidelines and Standards Design Guide 2 for the placement of native plants along the creek. 23. Page 110, Section 5.2 should reference Guidelines and Standards Design Guides 4 and 16 and Section VII.B. 24. Page 112, Section 5.2.7, "Floodwalls", discusses the use of vegetation within concrete retaining walls. Floodwalls and retaining walls are not the same and it is not clear what is proposed. Vegetation may impact the ability to inspect flood walls and may not be allowed. If you have any questions or need further information, you can reach me at gwehrmeyer(valleywater.org or at (408) 694-2069. Please reference Valley Water File 33840 on further correspondence regarding this project. Thank you, Item 11: Staff Report Pg. 260 Packet Pg. 635 of 692 Item 11 Attachment H: Public Comment Letters on Draft SEIR and Draft NVCAP Gennifer Wehrmeyer ASSISTANT ENGINEER, CIVIL Community Projects Review Unit Watershed Stewardship and Planning Division GWehrmeyert valleywater.org Tel. (408) 630-2588 Cell. (408) 694-2069 SANTA CLARA VALLEY WATER DISTRICT 5750 Almaden Expressway, San Jose CA 95118 https://link.edgeepilot.com/s/a5la4422/h07-tTtJdkgYUPbacYKTWg. u=htthttp://www.valleywater.org/ Clean Water , Healthy Environment , Flood Protection Item 11: Staff Report Pg. 261 Packet Pg. 636 of 692 Item 11: Staff Report Pg. 262 J l Packet Pg. 637 of 692 J Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Planning & Transportation Commission 2 Action Agenda: May 8, 2024 3 CITY O F Council Chambers & Virtual 4 PALO 6:00 PM 5 ALTO Draft Verbatim Minutes NVCAP Excerpt 6 Action Items 7 Public Comment is Permitted. Three (3) minutes per speaker. 8 9 2. Planning and Transportation Commission Recommendation to City Council to Certify 10 Supplemental Environmental Impact Report (SEIR) for and Adopt the North Ventura 11 Coordinated Area Plan (NVCAP), and to Adopt an Ordinance Adding Chapter 18.29 12 North Ventura (NV) District Regulations) and Amending Chapters 18.14, 18.24, and 13 16.65 in the Palo Alto Municipal Code (PAMC) to Implement the NVCAP. 14 15 Planner Kelly Cha: Good evening, Planning and Transportation Commission my name is Kelly Cha, 16 I'm the project planner for the North Ventura Coordinated Area Plan. It is an exciting night, 17 hopefully everyone agrees, staff is asking Transportation Commission to consider and 18 recommend to the City Council to adopt the NVCAP and as well as a draft NVCAP ordinance and 19 certify the Supplemental EIR. Just to provide some context before we get into the details, this 20 whole process started back in November 2017, it was prompted by Comp Plan policy that 21 basically established.., establishing the North Ventura Area CAP process. The City Council initiated 22 the CAP process in November of 2017, shortly after that they also adopted goals and objectives 23 and appointed working group members to guide the plan process, and upon Planning and 24 Transportation Commission recommendation on preferred plan alternative in 2022 City Council 25 endorsed a preferred plan alternative and with that plan staff prepared a draft NVCAP and it was 26 published back in 2023. Staff took the draft document to Planning and Transportation 27 Commission and Architectural Review Board, received feedback on them and we have 28 incorporated those feedback as well as some reorganization to remove redundancy and publish 29 the revised draft NVCAP along with the draft Supplemental EIR in March of this year. So we went 30 to ARB, Architectural Review Board in April to discuss the draft zoning ordinance and received 31 feedback on them and just few weeks ago on the 22nd of April, the required public comment 32 period ended and we're here tonight for the Planning and Transportation Commission 33 recommendation on the NVCAP. So, this is the NVCAP goals and objectives that was endorsed by 34 the City Council earlier in the process and this is showing the NVCAP area roughly abounded by 35 Page Mill, El Camino Real and Lambert, as well as the Can Train tracks on the north and it's 36 approximately a 60 acre site that has the Cannery Site inside as well as Matadero Creek. And this 37 is a concept plan visualizing the preferred alternative endorsed by the City Council that primarily 38 includes 530 dwelling units and adaptive reuse of the cannery structures and envisioning 39 naturalization of the creek. And this is the land use map reflecting the endorsed plan as well, so 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 263 (__Packet Pg. 638 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 this shows the current use zone as commercial to be rezoned to mixed use and also reflects that 2 530 additional units of build out. So, the draft and NVCAP documents have it has seven chapters: 3 introduction, vision, and design standards and guideline chapters and implementation chapters, 4 this is similar to the one that was reviewed by PTC last year, the difference is that chapter 4 was 5 expanded to include all of the mobility related standards and guidelines, including the street 6 sections and gateway intersections. As a result, the implementations chapter has been 7 condensed. In addition to the revised NVCAP document, Staff has some modifications 8 recommended it is included in attachment F of Staff Report; majority of the changes are in 9 chapter 4, and they are on street sections and gateway intersections for better consistency with 10 the proposed zoning ordinance and other City projects like John Bowler Park Design. This is 11 showing the crosswalk between the NVCAP land use as well as and the zoning districts. As you 12 all know, one of the main implementation for area plan like NVCAP is a zoning ordinance update; 13 Staff is recommending adding a new chapter for NVCAP. The development standards are similar 14 to comparable zoning districts and has a lot of reference to city-wide context based objective 15 design standards, but has specific street yard standards for each NVCAP district, which might be 16 a little bit different to...compared to the existing zoning chapters. On April 18th, Staff took the 17 draft zoning ordinance to ARB, and ARB provided comments and feedback on them and has some 18 recommendations to modify the zoning ordinance that includes: increasing the lot coverage for 19 NVR3 and NVR4, and changing the minimum street yard to 10 feet to encourage high density and 20 more flexibility, and also they're asking for increased height for higher density areas as well as 21 considering a way to measure a setback and calculate lot coverage for buildings with basements. 22 So, that concludes the Staff presentation, but the following slides kind of provide the information 23 for Planning and Transportation Commission discussion. These are lot coverage setback and 24 maximum height and sidewalk width. So, this slide is showing the comparison between existing 25 zoning and proposed zoning in NVCAP area, and this is showing the changes in development 26 standards that were a reflected after ARB's feedback, so those are lot coverage and setbacks. The 27 height... maximum height as well this is highlighting the changes from the indoors plans or 28 preferred plan alternative. So, upon recommendation from Planning and Transportation 29 Commission, Staff will forward the recommendation from the Commission to City Council to 30 consider for adoption on June 18th. Staff is recommending the commission to forward these 31 actions so that the City Council can consider and adopt the NVCAP in June. So that concludes staff 32 presentation and I'm ready to answer any questions you may have. 33 34 Chair Summa: Okay, before we go to questions, I would like to welcome Chair Baltay from the 35 ARB, who is here to help us tonight answer any questions, and also to ask him if he would like to 36 make any kind of presentation. 37 38 Chair Baltay: Sure, good evening, thank you for having me address you. We spent quite awhile 39 looking at these standards on several occasions, most recently April 18th of this year, after a lot 40 of review and discussion, we kind of narrowed down parts that we thought were important. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 264 (__Packet Pg. 639 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Chair Summa: Sorry, we can barely hear you, it's these crazy microphones. Chair Baltay: Okay, okay so we narrowed down our thoughts to essentially five categories of things, mostly relating to development standards, which is what the ARB is focused on. Before I do any of that though, we've come to think at the ARB that a really valuable zoning tool is the daylight plane, and if we enforce it, a good daylight plane, we get with it really good privacy protection for neighbors, and really good control of the bulk and the mass of buildings relative to the community as a whole, the context based development. We've figured it out starting with objective standards a few years ago, but every time we look at this we end up coming back to a daylight plane being the simplest, easiest to enforce, easiest to regulate, easiest for applicants to understand means of regulating this. I say that, because that's what lets us feel very comfortable with things like saying you really outa have a consistent 10 foot setback, and we ought to allow taller heights on buildings, being comfortable that the daylight plane steps that down at the edges where it affects neighbors and communities; that's sort of the rationale behind our thinking we should have a higher absolute minimum on height, because we're confident that our daylight plan requirements regulate the bulk and the mass of a building to a greater, and more sophisticated extent; they're relative to the property line and things like that. We've come up with recommendations, or actually they're in the code now, requirements for daylight plans in our objective standards, so one thing to understand is that the NVCAP must have in it a requirement that the current objective standards apply to this area, if you don't have that, then you don't have the daylight plane and then a lot of what we're saying doesn't really work. So, with that, we think 10 -foot setbacks make a lot of sense, rather than having odder numbers, 12 %2 feet for example, throughout the area, keep it simple, keep it straightforward. We think the height can be much higher on multi -family housing units, R3 and R4 zones, especially in this area; certainly 35 feet is just very low. The reason we're often concerned about going too much higher is the impact on adjacent R1 or lower density neighbors, residential neighborhoods; the daylight plane will regulate that, let the building be taller if it still is set back properly from the residential neighbors. Same thing applies to lot coverage, although there we see a lot as a practicing Architects, having a 40 or 45% lot coverage just doesn't give you enough space to work with if we're trying to get higher density, so we're recommending 60 and 80% for R3 and R4 zones, just, if we're serious about increasing the density, you've got give a little more space to build. The last thing really is, the...this notion of measuring lot coverage and setbacks for below grade structures, several feet below the ground. We've discovered that.... frequently we'll see projects wanting to put parking garages, mostly, below the ground out to the property line. They have to maximize the space to get the parking to make it work, and we're generally all for that, the problem is that those parking garages have concrete ceilings, which are generally right at the ground, so they put some sort patio, but that precludes having planting; trees or any kind of landscaping, we frequently see then planters being created on top of these things, that precludes mature trees going in. So, it seems to us to make sense just to say that, if we push it down, say 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 265 (__Packet Pg. 640 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 3 feet, you can really landscape the border of a property very well, and you can still have a garage underneath that, but about 3 feet down lets you have real trees; look at the City Hall, the front of the Plaza, those are big trees, on top of a parking garage. They're there because we have 3 feet of soil; we came up with 3 feet as a.. not arbitrary, but a recommended number, but if you can just wrap your head around measuring below grade stuff, deeper in the ground, we get the benefit of being able to landscape the perimeter of a property for privacy. We have other requirements for setbacks, daylight planes, that give us that space at the edge, but we have to make it possible to put plants there, that also lets us have open space that's useful outside that's green...that's landscaped. So those two....that really came to us as a real good way to get both things, it's not that much harder to put the parking garages deeper underground. We struggled, and this is more your issue than ours, that implementing a rule like that, just for the NVCAP, is not very consistent throughout the town, that's the kind of standard that should be applied uniformly for all development, so the question for you perhaps is, is that appropriate to bury that into the NVCAP regulations, which is what you're doing today. We struggled with that question, but we felt in the end...our recommendation should go to you, or Council on how you want to deal with that, but our strong consider.... our strong thought was that just measure these things a couple feet down and it works. So that's the summary of what we did and thoughts about all this, so I'll answer any questions, but thank you very much for hearing me. Chair Summa: Thank you so much for that, and we will go to questions from PTC... and then to the public. So, I am seeing Commissioner Templeton's light. Commissioner Templeton: Thank you... this question is for Staff, and I'm just wondering if you can help us set some guidelines for tonight... as you know we are a body that has a tremendous number of suggestions and opinions, and unafraid to provide them, but we also understand that this is going to go forward in front of the Council; do we have any scope for what kind of feedback we should provide, for example, do we want to be comfortable with making modifications to those numbers for example that we were just discussing or.... or is that too broad, would that set us back to step 1. Planner Cha: So, it is Planning and Transportation Commissions discretion to make any modifications to any Staff recommendation, So... Commissioner Templeton: Thank you, I understand that. Planner Cha: That includes the numbers or the height regulations....okay. Commissioner Templeton: What I'm trying to discern is... what kinds of boundaries do we have that would impact the ability for this to go forward to Council. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 266 (__Packet Pg. 641 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Planner Cha: I think as long as the modifications doesn't impact the... the CEQA analysis, I think 2 we can definitely accommodate any changes. 3 4 Commissioner Templeton: Great, thank you for clarifying that. 5 6 Chair Summa: Commissioner Hechtman. 7 8 Commissioner Hechtman: Thank you, two questions... for Staff. The first is a timing question, I 9 see on packet page 20...that...two of our grants from CALTRANS and HCD are at risk if we don't 10 complete the project by the grant due dates, but I couldn't find in the Staff report when the grant 11 due dates are; can you.....and that may affect this is going to Council June 18th, so can you tell me 12 when those grant due dates are? 13 14 Planner Cha: So initially when we were preparing for Staff report, it was June 30th of this year, 15 so Staff.... but at the same time Staff were in coordination with those HCD and CALTRANS and 16 have extended until next year, of June 30th of 2025. So, we do have time, but definitely we would 17 like to move forward... if we can. 18 19 Commissioner Hechtman: Okay, thank you. Second question... relates to...the information that 20 we just heard from the Chair of the ARB, it appears that there are...two places in the draft 21 ordinance where the ARB recommendation and the Staff recommendation are different; in each 22 case the ARB recommendation is 10 -feet higher than the Staff recommendation, and I think we 23 just heard the ARB explain that the comfort level they had in recommending the elevations that 24 they recommended is the daylight plane, that applying the daylight plane, the extra 10 -feet 25 compared to the Staff recommendation, you're protected. Staff understands how the daylight 26 plane works. I was curious.., to hear from Staff why with the daylight plane Staff was 27 uncomfortable recommending, sort of adopting the ARB recommendation as they have done in 28 practically... on all the other ARB recommendations as near as I can tell. 29 30 Planner Cha: I'm going to share some slides, to kind of visually represent the changes in height, 31 so this slide is showing what's been included in the draft NVCAP. So this the original 32 recommendation of the heights... and this is showing ARB recommendations, so it is kind of... 33 when we are looking at the numbers it's not as impactful... but when you're looking with the 34 colors, you can kind of see how it's... very.., abutting... low density areas where the 65 -feet are 35 proposed; so Staff, looking at these... we kind of wanted to make sure that. we can minimize the 36 impact to the lower density residential area, and usually Staff is comfortable with...when there's 37 difference between... like the maximum difference of 15 -feet, is what Staff usually recommends 38 in between the low density and high density. So, looking at that we have recommended lowering 39 some of those medium density areas; so, NVR3 and NVMXM, the medium density mixed -use 40 designations... but we do agree that the daylight plane definitely provides.., a great tool to 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 267 (__Packet Pg. 642 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 provide.., that... protect the privacy and... ya know... the mass and bulk impacts... reducing the mass and bulk impacts. Commissioner Hechtman: Okay, so let me... I think the explanation is... you're recognizing the daylight plane, but notwithstanding that they're protected by the daylight plane... you... Staff are sort of uncomfortable with just the bulk and massing even if the daylight plane is satisfied; in... and it's just in these two instances; am I understanding right? Planner Cha: Yes, that's correct. Commissioner Hechtman: Okay, alright, thank you for that clarification. Chair Summa: Commissioner Chang. Vice -Chair Chang: Okay, I've got a bunch of clarifying questions. Okay, so, I had a question about the effective density bonus... on height. So, my understanding is that with density bonus... we could see up to 33 additional feet... over and above whatever we ultimately decide for NVCAP in every single area; is that correct? Planner Cha: That is correct....So Vice -Chair Chang: So, like 65 -feet would become 98 -feet... Planner Cha: That's correct. Vice -Chair Chang: And then... ya know... if somebody took advantage... Planner Cha: Yeah. Vice -Chair Chang: Then... my other question is, does... does the density bonus have any impact on daylight plane, in other words is that one of the things that can be waived, or not? Planner Cha: I believe it is one of the things that the applicant or developer can ask as a waiver... so, yes... the answer would be yes... yeah. Vice -Chair Chang: Okay, that also was very helpful. Go... you want to... Albert Yang, City Attorney: Sorry, I'd just like to jump in on the previous questions about the 33 - feet. So, 33 -feet is something that is provided for developments that are 100% affordable. Height can still be waived, or developments that don't... that aren't 100% affordable... but that 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 268 (__Packet Pg. 643 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 waiver will be based on what's necessary to permit that development.., you know, at the density 2 that's permitted. 3 4 Vice -Chair Chang: What implication does that have given that we're not talking about density for 5 NVCAP, we're doing FAR instead. 6 7 Mr. Yang, City Attorney: Right, so relying on FAR does provide us with some more control over 8 that bulk and mass... rather than we're trading that for control over the numbers of units, and 9 so...If someone for example, would normally be intitled to a 20% density bonus, they'll 10 get...they'll be intitled to a 20% FAR increase..., and then.... whatever waivers are necessary to 11 accommodate that additional 20% FAR. 12 13 Vice -Chair Chang: Okay, so if I understand though, it's sort of based on the design of whatever 14 the applicant submits, so, if they decide to have very high stories, like 14 -feet, or ceilings for 15 example, then that would result in... higher height... correct? Because they'd [TIMESTAMP 37:42 16 Unintelligible] FAR. 17 18 Mr. Yang, City Attorney: Yes, there is some grey area... around... you know, what is actually 19 necessary to accommodate development to that... at a certain density... but that is what a 20 developer would certainly assert... you know, what we need is 14 -foot ceilings, and therefore, we 21 need this height. 22 23 Vice -Chair Chang: Okay, and then something that you brought up, Councilor Yang is... that the 24 density bonus 33 -feet really wouldn't be reached unless it was 100% affordable, but then the 25 100% afford... affordability definition would be based on the states definition, correct? So, the 26 moderate... kind of 80 to 120% would quality as... like if it were 100% moderate, then that would 27 qualify for (interrupted) 28 29 Mr. Yang, City Attorney: No, in this case, the definition of 100% affordable... is going to be at a 30 lower affordability range. Under density bonus law, generally moderate income units don't get 31 credit for rental projects, but they do get credit for ownership projects. 32 33 Vice -Chair Chang: That's right, I forgot about that then. And then I do have.., but it... it's still 34 going to be the State definition, and not the NVCAP definition of 100% affordable, correct? 35 Because there's an NVCAP definition, I think on page 24, on packet page 24, which I also had a 36 clarifying question about. 37 38 Mr. Yang, City Attorney: Yes, so it will be the State definition, not the NVCAP definition. 39 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 269 (__Packet Pg. 644 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Vice -Chair Chang: Okay, since we're talking about that NVCAP definition on packet page 24... 2 hold on let me get there... okay, so my question is... I'm a little bit confused about the wording 3 here... am I correct in saying that for the purposes of the NVCAP chapter, it is 100% affordable... 4 if a project is a rental project, it would be considered 100% affordable only if the average AMI 5 does not exceed 60%, is that correct? I just couldn't understand 18.29.040A. 6 7 Planner Cha: So, I think in... as you can see in attachment A, we have both the ARB 8 recommendation as well as Staff recommendation. One of the Staff recommendations was to 9 remove the section... 18.29.090, so that's the housing incentive program. We initially had...a very 10 NVCAP specific affordable housing incentive, but we're recommending that with the city-wide 11 housing incentive program, we're just referring that chapter instead of having a specific one in 12 the NVCAP chapter, so therefore, the definition actually becomes... we actually have to 13 recommend removal of that definition so that we have consistency between that H... Housing 14 Incentive Chapter as well as... 15 16 Vice -Chair Chang: So, what is considered 100% affordable in the HIP? 17 18 Planner Cha: Albert... could you? 19 20 Mr. Yang, City Attorney: Yeah so, that's still being developed, but for... for rental projects I would 21 expect it to be at lower income.... so 80% to the MRI of below. 22 23 Vice -Chair Chang: Okay, so if we allow HIP to supersede, then this 18.29.040 becomes moot, is 24 that what you're saying? 25 26 Mr. Yang, City Attorney: So, I think Ms. Cha was explaining that we just forgot to delete it. That 27 we had recommended removal of this later section that relied on that definition.., and... since we 28 removed that later section it's really not relevant anymore... the definition. 29 30 Vice -Chair Chang: Okay, but then it means that the new... since we removed that definition, the 31 new definition affordability is going to be at a higher percent AMI 80, instead of 60... is that 32 correct? 33 34 Mr. Yang, City Attorney: Well, so that's still... going to determined.., the city-wide HIP 35 amendments are going to come the PTC... likely over the summer sometime. 36 37 Vice -Chair Chang: How about the timing for when this goes to Council... like, is this ordinance 38 going to be approved.., like which one's going to come first? Are we going to have HIP in place? 39 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 270 (__Packet Pg. 645 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Mr. Yang, City Attorney: No... no we're not. So, what this ordinance says, is that right now for NVCAP we have these new zoning standards, and the NVCAP will also be eligible for HIP enhancements when those are developed. Vice -Chair Chang: Okay...but then if the NVCAP goes into place without this definition of 100% affordable then what definition of 100% for affordable would there be within NVCAP? Mr. Yang, City Attorney: Well, so, there wouldn't be any definition of 100% affordable just for the NVCAP, because nothing would rely on such a definition... Vice -Chair Chang: Right, no I understand.... so then it would be the City's definition of 100% affordable which at the moment... Mr. Yang, City Attorney: No, but... sorry... nothing would rely on a City definition of 100% affordable either. Like, there's nothing you get for meeting some City definition of 100% affordable, the only benefit that would exist at this time, before the HIP is developed and enacted, is the density bonus definition of 100% affordable; which is... I was just looking it up... it's at least 80% for lower income households and at most 20% for moderate income households. Vice -Chair Chang: Okay, so lower incomes defined up to 80%, is that correct?...or is it 50? Mr. Yang, City Attorney: It is a State Law definition that I would have to...yeah...follow through. Vice -Chair Chang: Okay, if you don't mind that would be really great, because I know that this is sort of like a big stumbling point.., for our... that's come up in... for City Council as well as it's kind of in our city. Okay, I've taken up a lot of time. I do have other clarifying questions, but other people can go if they have other clarifying questions. Chair Summa: Commissioner Reckdahl. Commissioner Reckdahl: We're introducing this new zone the NV R-1, and what's the difference between NV R-1 and just regular R1? Planner Cha: So, the NV R-1 is basically the low density single-family home. So most of the development standards that we're recommending... that it's consistent with the existing R1 district, but the only difference is that... that is listed in Table 1, so that's the street yard and parking; because parking we have no requirement of minimum or maximum different from the existing chapters, so the difference... only differences are in the street yard, which is a little bit different from front yard, and the parking; other regulations and standards were relying on the existing requirements in R1. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 271 L Packet Pg. 646 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 Commissioner Reckdahl: So, you said in Table 1. 3 4 Planner Cha: Table 1, under 18.29.060... that's... I believe packet page 31. 5 6 Commissioner Reckdahl: Okay, there's also Table 1 in 18. So, page 31... so that... well the parking 7 is irrelevant because if we kept it R1 we still can't enforce parking, right?.., by the State Law. 8 9 Planner Cha: Right, so because of the proximity to the CALTRAIN Station, the entire NVCAP area 10 is... we can't require any parking, so... 11 12 Commissioner Reckdahl: So, that in itself would not require a zone change, but you're saying 13 that the street yard for R1 is... what is the street yard for R-1, 20 -feet?... front... 20, okay and so 14 we're shrinking that, okay. So, second question is... in NVCAP there's a lot of R1 lots, and a some 15 of those have been converted to NV R-1 and others have been converted into NV R2, and why 16 were those lots treated differently? 17 18 Planner Cha: I think it's just the... the NV R1 and NV R2 is basically low density area, but in our 19 NV R2... are facing some of the higher density, so we wanted to have some... a little bit of 20 flexibility allowing additional development standards that might be applicable for like duplex if 21 in the future if it's... if there's a desire. 22 23 Commissioner Reckdahl: So, you're saying that because they have to put up with the height 24 behind them, we want to give them the ability to put a duplex. 25 26 Planner Cha: Well, R2 is basically two family zoning district. 27 28 Commissioner Reckdahl: Correct. 29 30 Planner Cha: So, and then if you see the zoning district map, the NV R2 is along Olive Avenue, 31 and it is in between high density residential and VR4, VR3 medium density residential and 32 surrounded by medium density mixed use, so there is a potential if there is any desire, that 33 provide some potential in flexibility there. 34 35 Commissioner Reckdahl: Okay, so you're saying that because they're being impacted by the 36 height on both sides... 37 38 Planner Cha: surrounded, yeah. 39 40 Commissioner Reckdahl: You want to give them the benefit of being able to do duplex. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 272 L Packet Pg. 647 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Planner Cha: Right, and just to kind of ... yeah to be consistent.. Commissioner Reckdahl: But NVR1 over on... like in the Pepper area, that's surrounded by density too... it just seems strange that we're treating them differently, and to me they don't look that different. Planner Cha: Yeah, I do see that. I think when we were going through the zoning district, we had determined that those R1 areas would definitely stay as single family homes, whereas the R2 area with the Sobrato development going in, there may be some possibility to transition; that's why we have differentiated, but definitely Planning Commission can liberate and see if that would be appropriate as well. Commissioner Reckdahl: Okay, thank you. Chair Summa: Sorry, I may have missed you saying this because I was taking notes and things, but is... on the chart for R1 and R2, is the street yard setback... does that encompass the front yards also? Planner Cha: It is basically front yard, anything that is facing the street. Chair Summa: Okay, that's what I thought. Chair Summa: But, okay, so... and is it currently 12 %2 feet? Planner Cha: That was a proposal from Staff initially for NVCAP. Chair Summa: Okay, I see. So is Staff at all concerned about implications to the... that front setback being so small with the lot split... the State lot split law, which... not that we could require parking, but then that becomes... the front setback becomes the only parking under that scenario, cause the State has said you can't have more than four foot side and rear setbacks. Have we considered that? Because.... Planner Cha: There was some discussion, but at the same time you are thinking about maybe it might discourage ADU's to be located in the front area, as well.... so there was kind of discussion back and forth, and so we just kind of went with the ARB's recommendation. Chair Summa: Okay, but it could potentially become problematic, Staff agrees. Planner Cha: There's a potential. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 273 (__Packet Pg. 648 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 Chair Summa: [TIMESTAMP 50:34 unintelligible] that the lot split law seems to be being used 3 very much, it could create... .and there was something in our Staff report about an expectation 4 of use of on street parking also, and it could become very tricky in this area under certain 5 scenarios. I did want to ask about the clarification on... and then I'm going to go back to my 6 colleagues... on packet page 33, and this is mixed use development standards, and I understand 7 that we think that daylight plane and this is consistent with ARB opinion, doesn't mean we have 8 to have those other setbacks... those other portions of sites that were protected by the 150 -foot 9 rule on abutting... so at the bottom... so what I'm curious about is that on package page 31, which 10 is multi -family, maximum height... you've removed any protection for portions within fifty -feet 11 across R3 and R4, and then later, on packet page 33 portions of 150 -feet of abutting residential 12 zoning district, which reflects our current code in general, under MXL and MXH, it says not 13 applicable, but forty-five foot buffer is retained under MXM and... I was just wondering what the 14 logic was there. Packet page thirty-three, maximum height.... Do you... was the question 15 understandable? 16 17 Planner Cha: I'm sorry, could you repeat... 18 19 Chair Summa: So, on packet page thirty-one, for multi -family in R3 and R4, we have retained the 20 daylight plane, but we have no concept of this buffer area for a certain distance for more... for a 21 more dense site... more dense sites at... but lower density sites. So that was removed, and 22 daylight plane exists. Then on package page thirty-three, towards the bottom under maximum 23 height for MXL, MXM, and MXH... MXL and MXH in response to 150 -foot but say not applicable, 24 but the middle one says forty-five feet. So, you've retained... I don't know... you know... yeah... 25 and I don't know if that was a typo... I'm not apining of whether it's a good idea or not, but we 26 sort of got rid of this buffer zone based on distance from abutting properties in leu of relying on 27 the daylight plane; but here you've retained it for that middle density. 28 29 Planner Cha: I think.., the... if we actually went through, you would've had actually removed that 30 particular role for MX mixed -use district to be consistent with the residential multi -family 31 residential, because we do have a reference to daylight plane, the next row as well. So, I think 32 to be consistent, I think Staff would be okay to recommend removing that particular row as well. 33 34 Chair Summa: Okay, so it was probably just an artifact. 35 36 Planner Cha: Yes, yes. 37 38 Chair Summa: Okay, Commissioner Chang [Vice -Chair Chang]. 39 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 274 L Packet Pg. 649 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Vice -Chair Chang: Thank you, I'm going to go back to my questions. So, regarding the ARB's three foot threshold for basements, is that something the City Arborists reviewed at all? Planner Cha: So, after the ARB meeting, Staff started coordinating with Urban Forestry Department within the City, we haven't had a conclusion yet, but we're still trying to figure out what it... what would be the appropriate depth... yeah. Chair Summa: Alright, thanks. Okay, on packet page nineteen... the Staff report says... so, second paragraph down, kind of in the middle of the page, last sentence, it talks about the proposed ordinance updates ensure that housing opportunity sites can still benefit from the few areas where the January 2024 rezoning was more permissive than the proposed NVCAP regulations... could you just give us a little education on what those... like.., more permissive in what way, just kind of give us a little summary on what that is. Planner Cha: So, because there was some rezoning of the housing element sites before, and NVCAP came before the Planning Commission and City Council, we actually compared some of the development standards between the NVCAP and the housing element sites and we... Staff found that most... majority of the sites in NVCAP basically has more permissive development standards, so... but some of a few areas... mostly where GM becomes R3 or NV R3, there are some of the... maybe height might be that the rezoning... housing element rezoning had a higher height allowance, than some other elements. Chair Summa: Do you know just... do you have any idea of how much? Planner Cha: I... don't... (interrupted) Mr. Yang, City Attorney: Okay, so you can find this on packet page thirty-nine. There's a table there where there's just two rows added at the very end... and for NV MXM the maximum height is increased to fifty feet for housing opportunity sites. Chair Summa: Which packet page again.., what packet page? Mr. Yang, City Attorney: Sorry, packet page thirty-nine. Vice -Chair Chang: There's no table on thirty-nine. Mr. Yang, City Attorney: Hmm.... Think I'm looking at different [interrupted] Vice -Chair Chang: thirty-eight Albert I think... thirty-eight? 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 275 (__Packet Pg. 650 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Planner Cha: I think there are some changes in ours in between... since published , but so thirty - 2 eight... so the last rows it says NV MXM NVR3... originally MXM district we had thirty-five feet 3 proposed, so compared to the housing element sites were... it's allowing... maximum of fifty feet... 4 the housing element site had a more permissive height allowance, so we have included in there, 5 that's the same for NVR3 we had initially recommended at thirty-five feet. So, the housing 6 element site had higher maximum height there as well; so, if we go the Staff recommendation, it 7 might be that everything in NVCAP is more permissive than housing element site development 8 standards. 9 10 Vice -Chair Chang: Understood. Okay, because Staff's recommendation for MXM is actually fifty - 11 five, is that correct? 12 13 Planner Cha: Right, fifty-five. 14 15 Vice -Chair Chang: Okay... okay so then, the rezoning that we did affects both MXM and NVR3, 16 or only NVR3? 17 18 Planner Cha: Umm... I'm sorry. 19 20 Mr. Yang, City Attorney: It affects them both...the housing element rezoning affects both of 21 those districts.., or it affects the sites that are in both of those districts, right..., because the 22 housing element rezoning only applies to opportunity sites on the inventory. 23 24 Vice -Chair Chang: Got it....so this is [TIMESTAMP 59:09 Unintelligible] by Staff to just sort of 25 simplify this so we don't have multiple things to refer too, in other words is.... I mean, is that the 26 reason? 27 28 Mr. Yang, City Attorney: Well, it's basically because when we rezoned our opportunity sites, it 29 was in order to meet the projected development right, that we had in our housing element, so 30 we didn't want the NVCAP rezoning to then, you know, be a reduction in any of those standards 31 that we had already sort of calculated out to be necessary for our housing elements. So, we were 32 comfortable with you know, being more permissive than the housing opportunity site analysis 33 had showed earlier, but we didn't want to reduce the height. I guess we're seeing now that this 34 is another... probably a remnant it's not... wouldn't be necessary if we go with the Staff 35 recommendation, as it was sort of changed after the ARB hearing, but prior to the ARB this was 36 a necessary piece. 37 38 Vice -Chair Chang: Okay, thanks that makes a lot of sense, and then my... while I have Mr. Yang 39 on... for packet page forty... this is another affordability question. So, on packet page forty, 40 16.65.040A, numbertwo; it talks about 15% of the dwelling units in the project at rates affordable 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 276 (__Packet Pg. 651 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 to lower income households, so that's that lower income definition again..., and do you... is that 2 fifty to eighty percent of (crosstalk) ... So, then earlier in our conversation when you referred to 3 lower income as well... in the state definition of 100% affordability, that's also fifty to eighty, or 4 eighty percent AMI, correct? 5 6 Mr. Yang, City Attorney: Correct. 7 8 Vice -Chair Chang: Okay, thank you.... and then my final question is on the street side setback, 9 so, can Staff give some background as to why the initial Staff recommendation was 12.5 as 10 opposed to 10, or what was the thinking of something more than... for something more than 10. 11 12 13 Chief Planning Official Amy French: This may have had to do with the El Camino Real build two 14 line.., it was a build two line concept that was a twelve foot effective sidewalk... so I'm guessing 15 that is where that was drawn from; because we don't have twelve foot anywhere else in our 16 code, except the build two line. 17 18 Planner Cha: That might be correct. 19 20 Vice -Chair Chang: Okay, so then I did see on packet page 31...about the....kind of like 21 the... top... towards the top of the page when it talks about minimum setbacks and street yard 22 setback. There's a reference for page mill sufficient to create a twelve foot effective sidewalk 23 width, is that why it's 12.5? Like, why... I'm just trying to understand... like what are the 24 implications of reducing from 12.5 to 10, and... I thought maybe understanding their original logic 25 would help, but frankly I'm just trying to get at implications so if Staff can explain the implications 26 that'll... that'll do it for me. 27 28 Ms. French: We're speculating perhaps it was additional curb area if they were doing some 29 planting areas or such.... because it's about... well... it's more like four inches. 30 31 Vice -Chair Chang: And then.... because I'm also looking at.... like.., so... why for Ash are we saying 32 five feet.... Ash and Acacia. Are we saying five feet versus..., what's the.... what's the logic behind 33 all of these different setbacks? 34 35 Ms. French: Certainly, a five foot... a five foot setback is needed for a side... you know? A sidewalk 36 is often five feet wide right, for two people passing, at a minimum, so that would be you know, 37 the bare minimum. 38 39 AVice-Chair Chang: So, this is a setback from the street.... or setback from the property line? 40 And is the sidewalk generally part of the property, or parti or not. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 277 L Packet Pg. 652 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 Planner Cha: So, I... I can't really... it's not 100% certain... as I'm speculating here. This particular 3 NVCAP area is to sort of allow higher density to create the neighborhood... walkable 4 neighborhood, transit friendly neighborhood, so we wanted to probably maximize the 5 developability of these lots, so we have probably reduced from the existing setbacks that we're 6 familiar with, to allow that additional density and flexibility for the designers. 7 8 Vice -Chair Chang: Okay, but then... like.... why five feet...why is it okay for some streets to be five, 9 and then other ones ten...and then what's the implication... is there any....what's the downside, if 10 any, to reducing from 12.5 to 10; in terms of sidewalks, bike lanes, whatever.., whatever it is that 11 we might be wanting to do. 12 13 Planner Cha: I don't think there is a downside in terms of right away improvements.., like the 14 bike lanes and sidewalk because usually those are located in right of way outside of the property 15 lines. In El Camino Real and Page Mill area, we do ask some... some of the front yard to be 16 dedicated to right of way to create a more comfortable sidewalks, that's why we have that... the 17 sufficient setback for... to create effective sidewalk, but usually...it...it's sufficient to use the right 18 of way area to provide those bike lanes and.... facilities for sidewalks, so I don't think there's a 19 huge downside to reduce down to ten feet, other than maybe... like the lot split or other single 20 family home development implications, but I think generally high level there shouldn't be a 21 downside... I don't think. 22 23 Vice -Chair Chang: If a car...like how deep is a parking space in a garage for example, so if we 24 were wanting to be able to allow for that possibility of a car to be parked.... in a driveway or 25 something like that.... how deep would that need to be? 26 27 Ms. French: So, typically a garage we want to have a...like a... one car garage would have ten foot 28 clear space to meet code, on the inside because there's walls there. Often on a street parking 29 space is going to be ten.... marked at ten feet for a parallel parking space, ten feet wide; it's wider 30 than you need it to be, but that's for the door swings, etc. 31 32 Vice -Chair Chang: Okay, so theoretically, (crosstalk) the depth 33 34 Ms. French: Oh, the depth? 35 36 Planner Frick: Yeah, depth is typically closer to twenty feet, roughly but... 37 38 Ms. French: Well...Yeah, minimum parking space is eighteen... 39 40 Planner Frick: Yeah yeah...like for the length...you know... it varies but yeah... 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 278 (__Packet Pg. 653 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 Ms. French: But in a garage space it would be twenty. 3 4 Planner Frick: But yeah....so I think that's like why historically why you'll see a lot of... you know, 5 single-family lots developed with a twenty foot setback, is to allow like the full length of a car to 6 park within the driveway in front of the garage; but just to... I just wanted to kind of jump in a 7 little bit on some of the setback changes. So, the numbers... like the 12.5 feet, those numbers 8 came from like an earlier draft that was from the study session from about a year ago, roughly, 9 and so, you know.... we met with the Planning and office of Transportation Staff to really go over... 10 you know... like, scrutinize those setbacks, and look closely at whether there were any 11 implications of... you know... changing them, and so, ultimately... you know... to sort of answer 12 your question, we didn't see any drawbacks necessarily of changing to what's proposed in the 13 Staff recommended redline version; and in particular as it relates to parking because this area 14 has no minimum parking requirements due to the location to the the station, that's something 15 that you know, we were factoring into some of that analysis for those discussions, if that helps. 16 17 Vice -Chair Chang: Yeah, that does help. Okay, then final question.... on Park Boulevard... that's 18 where we have bike lines and stuff like that, and often on like larger streets, like Park or Page Mill 19 or El Camino, we're concerned about setbacks because of bike lanes, or wanting to be able to 20 construct things in that area, is that a concern at all for any of the proposed setback changes that 21 are being made? 22 23 Planner Cha: No, if you see.... the street sections, it actually proposes the bike lanes and sidewalks 24 all outside of the property line, so all within the right of way... so there isn't any problems or 25 issues. 26 27 Vice -Chair Chang: Okay, thank you. 28 Planner Frick: And just... if I may, just following up as well; so, the changes to the street sections 29 was also you know.... a result of kind of how these changes were for the setbacks as well, because 30 we really want it to look holistically like you're saying it... like how does it work functionally as 31 part of like the redevelopment vision for the NVCAP. 32 33 Chair Summa: And then, just one last question about setbacks, on packet page 30 under 34 minimum setbacks, there's an additional note that said: setback lines imposed by special setback 35 map pursuant to Chapter 20.8 of this code may also apply; I think this duck tails on to what 36 Commissioner Chang [Vice -Chair Chang] was saying, so would we... I'm assuming that's a special 37 setbacks that we have on arterial streets. 38 39 Ms. French: That's correct, the special setbacks are marked on the special setback map all over 40 town. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 279 (__Packet Pg. 654 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 Chair Summa: So, are...is that consistent with the setbacks being proposed, also retain....of...for 3 the future use of what multimodal streets probably, the special setbacks with the new setbacks. 4 5 Planner Cha: I don't believe so... are... the questions is whether the setback would impact the 6 improvements on the right of way, like bike lanes or sidewalks... 7 8 Chair Summa: Not the public right of way, the setbacks imposed on privet property. 9 10 Planner Cha: Private property? 11 12 Chair Summa: Yeah, it seems... I'm just asking if it's contradictory. 13 14 Ms. French: Yeah, I think what...we don't have a...special setback map handy, I don't think in our 15 slides. 16 17 Chair Summa: I do. I think I might. 18 19 Ms. French: If you give us a minute, we can pull that up. 20 21 Chair Summa: Yeah, I mean you can...maybe we should discuss that later because if....I mean 22 there's a chance that...that cell is not accurate or in....ya know, in congress with the other setback. 23 24 Ms. French: I think in our regular zoning code...when there's a special setback there's...that 25 becomes the default and people can come through and request a variance from special setbacks, 26 but the usual setbacks, for instance in an R1 zone is twenty feet, and then on a street that has a 27 special setback, well, that's twenty-five feet and those can [unintelligible] situations, right. 28 29 Chair Summa: And I don't even know if Park has a special setback, I don't recall off the top of my 30 head, so, okay. So, if I am seeing another question from Commissioner Reckdahl. 31 32 Commissioner Reckdahl: Couple questions. Talking about setbacks, some of the setbacks have 33 numbers from the property line, and some say sufficient to create a twelve foot, effective 34 sidewalk width, why do we have an effective sidewalk width, why wouldn't you just figure out 35 how...where the property line is and have a number? 36 37 Ms. French: So, again, this dates back to the El Camino Real design guidelines that set that, it's 38 the combination of eight plus four, I think eight was the setback and four was the planter strip or 39 something, to make a twelve foot. So, with the question is why don't we just...map it on the map, 40 because each...I mean some... sometimes there's a planter strip, sometimes there isn't, ya know... 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 280 (__Packet Pg. 655 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Commissioner Reckdahl: Yes, but if...so, you talk about that eight plus four, where would the property line be on that, at the curb? Planner Cha: So we have this sufficient setback to create the effective sidewalk because, some of the right of way distance, or width is different as you go along the street; sometimes we have to ask the property owners to dedicate... or by easement... have a little bit more than some of the other property owners, maybe few blocks away, so you....we have initially said maybe zero to ten foot the range, but ya know, we don't know what it's going to be so we just change it to sufficient setback to make sure we have twelve foot, and that can be changed by property. Planner Frick: So, if it's helpful...so the... basically on an individual property basis, it could vary where...you know a specific feature is located in relation to the property line, like a sidewalk, and the intent of it is to make sure that as the plan develops and the corridors develop, that that vision is coherent in terms of like...the features that will be developed as the build out occurs. So, the effort...why it's indicated differently, is because...ya know, Staff believes that it's important that those specific sidewalk widths are able to be accommodated through the buildout, kind of along... Commissioner Reckdahl: Okay, and so when you define sidewalk width, is that from the property line, or is that from the existing street? Ms. French: Well, it would typically be from the curb. So there's a diagram on packet page 72 that might help; showing the clear walkway and the tree bed, the clear walkway being eight, and the tree bed, and at the edge of the tree bed, it's assuming it's a planter strip there, that's the curb. So, you start measuring at the curb, and that goes back towards the property. Planner Cha: So, also, El Camino Real Street section also reflects that as well. So, that shows four and eight that Amy previously mentioned. [crosstalk] Planner Cha: So, the El Camino Real Street section also shows that how much you have to actually push into the property to create that effective twelve foot sidewalk. Ms. French: Measured from the curb. Planner Cha: Measured the curb.... that's packet page I think 7.1. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 281 L Packet Pg. 656 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Commissioner Reckdahl: Item 7. And so....is this because El Camino isn't parallel to the property 2 lines or the property lines zig and zag, why is...why did El Camino decide to have this 3 property... this sidewalk width, as opposed to everyone else just saying from the property line. 4 5 Ms. French: Yeah, I believe it's part of that exercise back in 2002, there was the sidewalk width 6 was sometimes eight feet, sometimes less; it varied up and down El Camino, so it's a larger 7 conversation about exactly about El Camino, but that's where this is derived from, that exercise 8 back in 2002. 9 10 Commissioner Reckdahl: Okay, heritage. Okay, second question is on the daylight plane. When 11 I look at...on packet page 31, it refers me to a section in the code that shows a daylight plane, 12 and I'm used to the daylight plane being like ten feet at the property line, and then going up at 13 forty-five degrees or thirty degrees; in this one it starts at twenty-five, is that....so when I look at 14 the code that's cited there on packet page 31, the daylight plane starts at the property line at 15 twenty-five feet, and then goes up at forty-five degrees from that, and that seems to be a 16 significant changes, is that the way it's supposed to be, or is this a typo? 17 18 Ms. French: I believe that's intentional, and I don't know if you have additional questions about 19 the...the Architectural Review representative could answer questions about logic on some things. 20 21 Commissioner Reckdahl: Okay, that's all I have for now, thanks. 22 23 Chair Summa: Okay, and for clarification a special setback does exist on Park, I just checked the 24 zone map, but it starts at Lambert, and goes south and I'm sure that was for the intention for 25 bike lanes, so...okay, so I would like to go to the Public now please. 26 27 Chair Summa: Do we have any... 28 29 Administrative Associate Veronica Dao: Yes, I have....one speaker card from Yugen Lockhart. 30 31 Chair Summa: Thank you. I can't see right now. 32 33 Chair Summa: Good evening. 34 35 Yugen Lockhart: Hello Council, Yuden Lockhart, do I need to spell it? No... okay, other ones... 36 Most of you know me, so anyways. I'm an Olive Avenue resident, I've been there my entire forty - 37 six years of life, born in the house, so this is my neighborhood. I know all of the neighbors on 38 Olive at least, and even some on Pepper. I've watched this neighborhood evolve quite a bit... so 39 this is kind of my backstory, but I'm still living on the street, my brother lives next door, my 40 parents have an apartment on the site of our dwelling. Ya know, we've been observing.... kind 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 282 L Packet Pg. 657 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 of chaos, and so... so I'm here.... I've actually changed my speech about four times while sitting 2 here this evening. And.... it... I'm just confused about even why we're trying to approve at this 3 juncture...you know we paused a lot of this NVCAP stuff for quite a while, and approved...I had a 4 list but....it's a whole bunch of projects you know...the Acacia, the charities, the fries thing was 5 quite an adventure, but these are approved projects going on, even the Foot Locker, which is 6 3225 El Camino, it's been stalled for years, and they're up to four -stories right now, is active; so 7 really this....my point is, there's not many construction projects left within this neighborhood, ya 8 know we got....I'm going to call it the Verizon store, that's a pending.... maybe coming up, and 9 everybody's hot and heavy to build up the parking lot of Cloudera, as the big brown square on 10 the charts that we're seeing; and bulldozing a bunch of beautiful Redwood and Pine trees to 11 make those high density housings that are twelve and a half feet of the sidewalk.....so....and then 12 I'm looking.... this last bit of conversation talking about all the residential getting allowed to move 13 closer to the street, probably actually not a big thing for me, but at the same time it feels like the 14 residence is everybody's been dancing around all of us...this...this entity that just can't be 15 adjusted and we must stay in 850 square foot houses, tiny for Palo Alto, but you.... meanwhile, 16 everybody else has already gotten special permission to grow well beyond the stand....the 17 previous standards, but now we're setting up new standards for the couple more big 18 developments that are going to try and get into this neighborhood, but it's mostly just blocking 19 all the individual houses from doing anything. Seems like the biggest obstructed people of this 20 whole NVCAP, and we've all been just demanding that transportation is one of the people of this 21 meeting is make sure the flow of this neighborhood seems like square one for a development 22 project. My pet peeve is....oh my gosh I'm losing....the Hanson Avenue, leading into, I'll call it 23 where the Foot Locker is there, it should actually veer way off to the right to go to Lambert, make 24 a ring road, and then make all the other smaller projects.... roads as veins instead of arteries. Olive 25 Avenue is a major artery, everybody's cutting the corner, El Camino everybody in transportation 26 says we can't make a right turn on El Camino, cause it's State run, that seems kind of bologna to 27 me, but whatever, and we're talking about setbacks, but most of those projects are already 28 approved, so...you know why are we worried about approved projects, when everybody's going 29 to ask for special dispensation anyways, so those are a couple of my rants on this. You know, as 30 far as residential dwellings on Olive Avenue, if anybody goes through that street, it...every single 31 instance is...was almost special. We've got a little batch of houses, and then we've just got a 32 couple of brand new house with Junior ADU and rear ADU, they were going to do two more next 33 to that, they changed their mind on keeping the house, but throwing the ADU's in the back. 34 Meanwhile, we talked about that at Olive and Ash, there's a two-story commercial building, and 35 the zoning has got them as a special dispensation, that should just be R1 with everybody else, let 36 the building stay, no body's asking to bulldoze it, but at the same time, why is that one a special 37 issuance, we should just have a red ring, according to that drawing, and then everything zoned 38 in accordingly, this is just my opinion. Looks like I'm out of time, but....good luck, but I don't 39 recommend approving it, I'd say stall and wait until you guys are done, so it....especially with he 40 Fries allocation to the city of Palo Alto, I would say stall it until you guys have decided what you 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 283 (__Packet Pg. 658 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 want to do, that way you can get your own special dispensation too, that can be taller; because 2 there's no residences around it, anyways, good luck. 3 4 Chair Summa: Thank you so much for your comments, it looks like we have one more caller on 5 Zoom. 6 7 Ms. Dao: Yes, I have one on....one raised hand on Zoom from Cedric. 8 9 Cedric dLB: Hello, thanks for having this meeting. Yeah...I think one of my concerns was....with 10 that...notion of having underground structures being able to go all the way up to the edge of the 11 property line, below a certain depth....I hope that you.....is sounds like you are discussing that 12 with the City Arborists and other knowledgeable people who would know what is a sufficient 13 depth. I did a quick search online, and I found a database of the maximum root depths of 14 different California plants, and ya know...given that....you know granted that's the maximum root 15 depth, so I don't know what the required minimum root depth would be, but only twenty-seven 16 percent of the plants had a three-foot or less maximum root depth, so some of the trees, like the 17 Oaks can go down really quite deep... surprisingly deep; tens, eighty -feet, you know, it's a....it's 18 pretty impressive really, so I really think you need to be careful with that, particularly, if you think 19 'oh this is interesting, let's do this everywhere across Palo Alto', I think that....that's really quite 20 dangerous direction to go. We do need to protect our natural spaces, and I did also note 21 the....one of the Commissioners I think was talking about this strange setback for the MXM on 22 Page Mill, it's listed as five -feet, instead of ten feet or twelve feet, that may be because of existing 23 buildings, but it seems to me that if you want to achieve a ten or twelve foot effective sidewalk 24 width, then you just need a zone for that, and when those existing buildings get rebuilt at some 25 point in the future, you'll get the ten feet instead of being stuck with whatever the depth is right 26 now. Yeah, so, I think that's all I have for now at this time. I think that the daylight plane envelope 27 is an interesting way to....try to constrain the building mass and....ya know, let it go as high as it 28 can go within that envelope; I was a little concerned by the notion that some types of projects 29 might be able to completely get around the daylight plane, so, I don't know if you need some 30 regulations to prevent that particular way of ending up with a giant building right next to smaller 31 ones if those regulations can be somehow subverted... can you put some other regulation on top 32 of that, that can't be subverted so easily . Great, thank you. 33 34 Chair Summa: Thank you so much, and that concludes our public hearing on this topic, and at this 35 time I would like to ask Chair Baltay if he would like to stay with us for some of the conversation, 36 or... yes, I'm seeing a nod okay, thank you very much. So, I will bring it back to the Commission, 37 and Commissioner Hechtman, thank you for lighting your light. 38 39 Commissioner Hechtman: Thank you, so actually in this round I've got some questions, I wanted 40 to do those after public comment. I thought those comments were interesting, thank you for 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 284 (__Packet Pg. 659 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 sharing them with us. So, the first question is really procedural. So one of the Staff 2 recommendations tonight is that we recommend to the City Council that they certify the SEIR, 3 the Supplemental Environmental Impact Report; but what we have tonight, is just the one of two 4 parts of that, right, because the SEIR is comprised of the draft SEIR, which is what we have, and 5 the final SEIR which is, sort of a layer on top of that, that has any... usually minor changes that 6 might happen to the draft, plus it has the comments, we've got four comments, three written, 7 one oral; and the responses to those comments. And from the Staff report, I think those 8 comments came in recently because the window just closed. We don't have those response to 9 comments, and so, I don't think we can do exactly what Staff if asking tonight and recommend 10 that the Council certify something we haven't seen. But what I do think can do, is we can make 11 that recommendation in a qualified way, something like subject to the City Council determining 12 that an adequate response has been provided to comments, in the final SEIR. I think if we phrase 13 that motion that way, then we get past the fact that we haven't seen that, and it doesn't have to 14 come back to us. So, I wanted to find out upfront if Staff and Mr. Yang thought that that is a way 15 we could move forward, past this tonight. 16 17 Mr. Yang, City Attorney: Yes, I think that would be acceptable; the other approach we could take 18 is...Staff probably should have phrased that first part of the recommendation as just consider the 19 SEIR, because that's all that the Planning Commission is really required to do, is to consider the 20 document and it doesn't have to be the final one. 21 22 Commissioner Hechtman: Okay, so maybe that's actually preferable, because I remember this 23 from many prior projects, that that's what we're done, consider, and so I think if we do that we 24 don't make a motion on the SEIR, instead, as a preface to our motion to the rest of it, that we 25 say, that we considered and can say the draft EIR, but not the final EIR, and then make our 26 motions. Okay, so that's the procedural issue. The questions I have, really have to do with the 27 ordinance, and so let me just kind of walk through them. I'm going to start with Table 1, which 28 is the permitted and conditionally permitted uses. So, if I understood correctly from Ms. Cha 29 earlier, I think all of the P's and dashes and CUP's we see here, those were essentially transported 30 from the base zoning district; to which we've now added an N, because it's in the NV, right? 31 32 Planner Cha: That's correct. 33 34 Commissioner Hechtman: Okay, alright. So, that's the origin of it, and you know, as I look 35 through it there were a few sort of head scratchers, because I don't know if the...I didn't go back 36 to look at the base Table to see if we have a base Table with actually all eight of these categories 37 in one place, but when I look at all eight together, you know I had a few questions that I want to 38 ask, so...and so I'm going to start on packet page 25. Again, these are Table 1 questions. So, I see 39 that ADU's and JADU's are a permitted use in every zoning category except the public facilities, 40 the PF; and so, I'm thinking about an ADU or JDU in any of the higher density particularly NVR3 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 285 (__Packet Pg. 660 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 through the most dense, and I don't see how that can actually happen, so I'm just wondering if 2 that's there because there's something in the state law that says they have to be allowed in every 3 residentially zoned district. 4 5 Planner Cha: That's correct, so ADU's are allowed in single and multi -family districts. 6 7 Commissioner Hechtman: Okay. 8 9 Planner Cha: That's why, yeah you see it all Ps there. 10 11 Commissioner Hechtman: Alright, thank you. In the educational, religious, and assembly uses I 12 was just kind of curious we have CUP's allowed only in the R4...NR4 and NXL, and I'm wondering 13 so....actually, this is kind of a highlight, did Staff, I know you transported all these, but once you 14 had done that, did you...did you sort of look at these and ask does this still make sense, or should 15 be...they be spread more broadly, or was the thought that just this is how it applies throughout 16 the rest of the city, we shouldn't mess with it. 17 18 Planner Cha: Generally, the latter, but we can definitely consider if you think that there should 19 be some of the zoning district that we can...that we should allow with conditional uses, but 20 generally we're following the city-wide directions. 21 22 Commissioner Hechtman: Okay, and honestly while...I may quibble with some of these things 23 and think this could fit here, this could fit there, I think that consistency throughout the city code 24 is worth more. So, I'm not going to ask about any of those; the only other comment I'll make in 25 Table 1 is that I notice you have community centers twice, it appears on packet page 26 right 26 under the public quasi -public uses, and then again on 28, at the bottom of agricultural and open 27 space uses, so I do think that one can be consolidated. 28 29 Planner Cha: Yes, that's correct, we'll fix that. 30 31 Commissioner Hechtman: I think I had a couple more questions. Packet page 37, there's this 32 section of the new ordinance 18.29.100 non -conforming uses and non -compliant facilities. So, 33 the text is at the top of page 37, but in the Staff reports that we get, and maybe it's even...I think 34 it's online too, is you've got the Item 2 box blocking a few words. So, my first question is, what 35 are the words under the box in the first line, after chapter. You may have a box blocking yours 36 too. 37 38 Ms. French: We do, we'll have to go online and see what it says on the online version. 39 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 286 (__Packet Pg. 661 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Commissioner Hechtman: Okay, so let's come back to that. So, I wanted to ask though, I went 2 and looked 18.70, and....in fact I...did you find it? 3 4 Planner Cha: Yeah, so it says any uses or facilities rendered non -conforming or non -complying 5 by this chapter shall be subject to chapter 18.70. 6 7 Commissioner Hechtman: Shall be subject to... 8 9 Planner Cha: Yeah. 10 11 Commissioner Hechtman: That's what is hidden. Okay. 12 13 Planner Cha: That's the existing one... 14 15 16 17 Commissioner Hechtman: Yeah, everything else we can see. Okay, so I did go look at 18.70 and 18 itactually kind of surprised me, but the vision there is 18.70.07B, in any district, a non -conforming 19 non-residential use of the site shall be....I'm skipping some of the language.... shall be terminated 20 in accord with the following provisions and schedules, when occupying or using facilities designed 21 and built for residential use non -conforming shall be within ten years from the date such use 22 became non -conforming, whichever is later. So, really my question here is there's a lot of office 23 in the NVCAP area, and what is the practical effect of including this provision..., what's the 24 practical effect of 18.70.070 on that office space? 25 26 Mr. Yang, City Attorney: Yeah, so to...ya know....to the extent it becomes non -conforming, then 27 it will...need to terminate....I believe within... within ten or fifteen years, unless there is a site 28 specific amortization study that's completed, that would set a different period. And so, 29 practically what we would expect is for.....ya know these sites to prepare an amortization study, 30 and petition the City to have a site specific schedule established for them, and...yeah, that's what 31 I would expect. 32 33 Commissioner Hechtman: Okay, that's helpful. So, that amortization study could buy them 34 another five years, or could buy them whatever the amortization study shows, right? 35 36 Mr. Yang, City Attorney: Right. 37 38 Commissioner Hechtman: Newer in, longer out, basically... typically. Okay, so in this preferred 39 plan that we're looking at, it indicates that there's, I think we're reducing office in the NV area 40 by, I think it's 278,000 square feet, right? And so, that particular square footage reference there, 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 287 (__Packet Pg. 662 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 those are on certain parcels... well, I should ask, are those on certain parcels, and that's what they 2 add up to, so that we know which 278,000 square feet are going to need to terminate in ten years 3 without an amortization schedule, or does that provision to the NVCAP mean all 744,000 square 4 feet of office in the NVCAP is terminating in ten years, except if they get an amortization schedule, 5 they may go longer, which if that's the case...to me that is inconsistent with the contemplation 6 of the NVCAP that we're reducing from 744,000 by whatever is...278,000 less than that. So, I'm 7 trying to understand how this is going to work, with the office that's in the NVCAP. 8 9 Planner Cha: So, just to answer, the specific question about 278, I don't believe that the study 10 identifies specific sites, it is just the square footage that we have...kind of identified or 11 determined to accommodate that additional housing units. So, it can be...the existing offices in 12 the ROLM area, it can be some of the existing offices in CS districts, but we don't have any specific 13 site locations identified. 14 15 Commissioner Hechtman: Okay. Right, that's helpful, and then the final question and I'll end 16 here, this is on packet page 39...and this is one where I just need a little bit of understanding. 17 Toward the bottom of the page it's section 1665030, subpart A2, for projects on sites five acres 18 or more and all townhome projects in the NV districts, twenty percent are...need to be made 19 affordable, right. So, I think the townhome projects will those....is that just going to be the NV2, 20 or can it be NV3? 21 22 Planner Cha: It can be in multi -family depending on the density they're proposing. So, for the 23 NVR3 site, which is the Sobrato site, there were some entitlement improved, that had seventy - 24 nine units approved on that particular site, and those are town home projects as well. 25 26 27 28 29 30 31 32 33 34 35 36 Commissioner Hechtman: Okay, so the concern I had, I think was when I looked at our new map and this NV2 that runs, that I want to say it's along the Olive spine right, there's a former RI's now.. Planner Cha: Now R2, yeah NVR2. Commissioner Hechtman: there. Planner Cha: Mmhmm. Yeah, the R2, and it looked like there were twenty individual lots 37 Commissioner Hechtman: And so, my question is, if I bought one of those and built a new 38 townhome, how do I comply with the twenty percent made available, is that an in lieu fee at that 39 level? 40 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 288 (__Packet Pg. 663 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Planner Cha: I think that Albert will definitely help. 2 3 Mr. Yang, City Attorney: So, if it's just built...at ya know, such a small scale that you're at a fraction 4 of a unit, that would be paid as [unintelligible] 5 6 Commissioner Hechtman: Okay. 7 8 Mr. Yang, City Attorney: But there's also a unit threshold at which the inclusionary ordinance 9 just doesn't apply. So, it would really depend on the specific project. 10 11 Commissioner Hechtman: Okay, but if it's below the threshold it's an in lieu, and it's not that if 12 I'm only building two, I'm going to have to round up no matter what, and I have to make one of 13 those affordable. Okay, alright, those are my questions, thanks, I do have some comments in the 14 next round. 15 16 Chair Summa: Thank you, Commissioner Chang [Vice -Chair Chang]. Umm...no. I'm not seeing 17 any lights, so...so we can go on to comments. Would any one...okay, Commissioner Chang [Vice - 18 Chair Chang]. 19 20 Vice -Chair Chang: Okay, so I... I don't know process -wise Chair, if there's a way...if we want to 21 just kind of quickly talk about our areas that we might want to discuss further, because, that way 22 we can maybe...you can focus...focus our discussion. 23 24 Chair Summa: Well, Staff did prepare a slide with potential discussion areas, maybe they could 25 bring that up, would you like that? 26 27 Chair Summa: Thank you for that, okay...so there may be others, but this is what... 28 29 Vice -Chair Chang: And so, do we want to take these one by one right now, and should I limit my 30 comments to the first, or... 31 32 33 34 Chair Summa: I think we can go through comments, we don't have to go through them one by 35 one, I don't think. 36 37 Vice -Chair Chang: Okay, so first of all, I....it sounds like there's just been so many revisions of 38 this, and I think Staff did pretty good job at trying to rationalize everything and refer to existing 39 code, so I really appreciate that; because it just makes things easier, and easier to change. We 40 know, with looking at our retail code that it's going to be really difficult to change, so thank you 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 289 (__Packet Pg. 664 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 for all the work that you put into this. I have not so many concerns about lot coverage, I think my concerns are more around the setbacks and the maximum height as they relate to.....the NVMXM in particular, and then...the sidewalk width concern that I have, I think ducktail with setbacks. So, my concern is that we're suggesting fifty-five instead of forty-five for.... NVMXM and I'm concerned, despite daylight plane, because of density bonus provisions, also we....on the PTC saw, an example of our project...for what was Palo Alto Commons, right behind single family homes, and we saw what it looks like when there's a very big project that doesn't violate any daylight plane..... constraints, and it's pretty massive, and I....my understanding of the NVCAP process, is that.... residents were concerned about hulking buildings right next to them, and even if it is only quote/unquote a forty-five foot building, it's going to be massive. There's an impact of massing even when daylight plane isn't an issue, and in this case, if the daylight plane begins not at ten feet, as Commissioner Reckdahl mentioned, but actually at twenty-five feet, then it's even more of a concern. So, I would be in favor of with respect to NVMXM going back to the original plan...that was kind....that the preferred option that City Council had...chosen, and going back to forty-five. Because, if you look at...if you want to pull up the map, you can see....my area of concern is specifically for the NVMXM...I think it's...that's at Oregon and El Camino, between Pepper and Olive, and then between Olive and Acacia, because that's going to be pretty awful for those folks, and I think that the intention when it was....when heights were initially established was.....it with those properties in mind. So, and then, on the setbacks, again, I think I...I don't have any objection, per say, I'm just not quite...like there's so many different setbacks everywhere, that I kind of can't tell where they are, and I'm just concerned, but I think if...so I'd like to hear what my colleagues say about that, I don't have any objection to ten versus twelve and a half, because it doesn't seem like we're.... changing.... much there. But, we can't fit a car in the front anyway, so...that's not an issue. On the basement issue, I do think that as Mr. Baltay said, it's probably best to address that, in a city-wide way; so I would punt on that one, that's my opinion. Then, I have a few smaller ones, such as on page 35, we talk about hotels, and where hotels are allowed, which are basically only in the MXM and MXH areas, and I can't understand, why, if we're allowing hotels, that we would have hotels have the least FAR. So, if you look at the bottom of packet page 35, where it talks about C hotel regulations, and it's C2. It says hotel where they are permitted may develop to a maximum FAR of 2.0 to one, and I'm kind of thinking why, why are we going to limit hotels to 2.0 to one, when the whole rationale behind having them at all, is to help generate revenue, so why would we want... like... you know, we're driving along El Camino Real, or driving along this area, and all of a sudden all the buildings around the hotel are taller than the hotel, we just let the hotel be the same height. So, I think we should relax the hotel FAR to 3.0, and furthermore, like hotels are the only thing that are required to be parked, so they're not going to actually have any negative impact if they're larger. [NO MICROPHONE] No, hotels are allowed to be required to be parked under the State law, yes, under the...so that's the one of the exceptions to the half mile radius. So, those are my comments. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 290 (__Packet Pg. 665 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Chair Summa: I'm not seeing any lights, does anybody want to go...Commissioner Reckdahl? 2 3 Commissioner Reckdahl: Okay, I'll echo some of those, I agree with the hotel is a 3.0, that seems 4 more consistent. Also, the below grade...I support in spirit of the below grade, but I think we 5 need more investigation, talk to the Urban Forester, look at street trees, also look at....if you 6 wanted to put a bike lane over the top of that, is that going to interfere with the construction of 7 the bike lane. Three feet seems a little skimpy, over on San Antonio with seven feet, that made 8 more comfortable, that it really would impede us, but I think that's a separate issue. The daylight 9 plane...I...that...it's....if you're the one building it, it's a...it's a burden if you're the one living next 10 to it, it's a savior, and I really feel uncomfortable starting at twenty-five feet at the property line, 11 and that...and then going up from there; that's really going to have the impact of all those...all 12 those properties along Olive. So, I would say that we should even though the density bonus may 13 waive it, I would start at ten feet and go up at forty-five, I think that's a better protection for 14 those. For the lots when you abut a low -density lot, and then also along Park, the bike lane, that's 15 such an important bike lane, I think we need a twenty -foot special setback again along Park, I 16 think that's only prudent. Over at Bargan Mart, we skimped on the setback there, and that's 17 really complicated the rail crossings, and so, if we had a little more setback there, we'd have 18 other options that would make for a better rail crossing, and I wish we had. 19 20 Chair Summa: Commissioner Templeton? 21 22 Commissioner Templeton: Hi, thank you. My...my general comment here is, that we've been 23 working on this project for a very long time, it's been iterated numerous times, and we had that 24 listed, thank you, and that's helpful to understand how we got where we are. It's sort of in one 25 way relieving that we are talking about some minor changes at this point, but I also want to keep 26 in perspective that it's important to move forward and stop keeping these properties tied up in 27 process. So...regarding the height.... can we go back to the height graph again...the one with the 28 lower numbers, the chart, the plan that Vice -Chair Chang was looking at. 29 30 Vice -Chair Chang: It's the preferred plan heights. 31 32 Commissioner Templeton: That one. I'm...I'm trying to really understand what.... Commissioner 33 Chang said. 34 35 Vice -Chair Chang: So, I think Staff's proposal is that it should be forty....fifty-five where there's 36 forty-five, and I'm concerned about it with respect to the few MXM zones that are in the first 37 three blocks from Oregon. 38 39 Commissioner Templeton: I understand that you're concerned, but I don't know why. 40 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 291 (__Packet Pg. 666 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Vice -Chair Chang: Oh, fifty-five feet instead of forty-five? 2 3 Commissioner Templeton: Yeah. 4 5 Vice -Chair Chang: Because it's going to be even taller, and higher over....forty-five is fine, it's the 6 fifty-five that I'm not excited about because, it'd be even taller, and even higher hulking over 7 these homes. 8 9 Commissioner Templeton: Oh, I...I actually disagree, I think that... make it taller...like this is the 10 area, if we're going to go and we're going to develop it, let's develop it. So, I...I think that the 11 height argument that the ARB made is pretty... sound, and I'm not too worried about that, 12 because as they mentioned, as the Chair mentioned, like it's still subject to requirements 13 about...the daylight plane and stepping back, and things like that; I felt like that's a pretty rational 14 explanation. So, I'm not as concerned about that as Vice -Chair Chang but thank you for 15 explaining. I also heard the public comment about being able to allow the residents of the single 16 family properties there to think differently about how to build on their site; that's a really rational 17 counter argument, so if I were going to change anything, that's what I would do to allow them to 18 enjoy their home, a little bit...have a little bit more space or tolerance for building out, so that's 19 kind of where I would think about that. The daylight plane....yeah, I...I think that....the proposal 20 that...that Staff has given, and the proposal that Commissioner Reckdahl has given are both fine 21 to me, but I'm...my concern here it, haven't we hashed this out?...like haven't we in the previous 22 umpteen meetings talked about this?...like how did we arrive at this, and why are we second 23 guessing it again at this point. Staff do we know?...how we arrived at the numbers that we're 24 using, and why. 25 26 Planner Cha: The numbers, the setback [interrupted] 27 28 Commissioner Templeton: Yeah. 29 30 31 32 Planner Cha: Where the daylight... well that was already, or is just merely referencing in NVCAP 33 chapter to the existing objective design standards chapter, or section, that includes the daylight 34 plane regulations, so... [interrupted] 35 36 Commissioner Templeton: So, all I'm asking is was there any changes involved. 37 38 Planner Cha: No changes involved in that. 39 40 Commissioner Templeton: Okay, so is there any...so was it reviewed at all? 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 292 (__Packet Pg. 667 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 Planner Cha: It was actually reviewed with ARB, so we were discussing it at...at the hearing, and 3 we did talk about the twenty-five feet, but we were...I believe ARB and Staff were comfortable 4 enough to move forward, just refer the existing section. 5 6 Commissioner Templeton: So, thank you. For that reason, and no other, I would say I'm 7 comfortable with it to; I'd be happy to move forward, and then I took some notes here, and I 8 can't read my own hand writing, the last thing we talked about, I guess it'll come up again if it's 9 important. [off -microphone: dishwasher soap] Dishwasher soap, yeah, that's what it is, you silly. 10 Okay, so in other words, generally I feel comfortable moving this forward, and with the Staff 11 recommendation with all of the caveats that Mr. Hechtman brought up, I do think that the 12 setbacks are...it's interesting that perspective we're taking on this, we've heard some ideas on 13 being consistent, and I think, I like that, I like consistency, I think it's a very attractive option. I 14 think those sidewalks are really popular, and will be... continue to be popular, well used, and so I 15 like the idea of having a bigger sidewalk. Ya know, I still keep thinking about how many people I 16 see every day biking on those sidewalks, because we don't have bike lanes, separate project, but 17 just bringing that up, like it's...it's important for us to have the space for all the different modes, 18 and certainly the sidewalks on El Camino are too small, so if that's something we can fix, at least 19 partially through this, then that's fine with me, otherwise...I say we can move on, oh, the other 20 thing was the...the basements. Yeah, I mean we need our trees... and... it's very attractive to 21 maximize the space, but for the same reason we can't maximize...ya know, the entire lot 22 coverage, we can't maximize it underground either, so if...if I needed to weigh in on that, that's 23 how I'd weigh on...on that. Than...Thank you. 24 25 Chair Summa: Thank you. Commissioner Aiken. 26 27 Commissioner Akin: Thank you, Chair. Generally, I'm quite supportive, so, I had very few 28 comments to make during the earlier phases, I did want to follow up on a few things though. 29 Observation on the SEIR, thank you Commissioner Hechtman for driving the clarification of that 30 process, we need a statement of overriding considerations of course, but...what struck me, was 31 that we needed it for two reasons: the historic structures, I think everyone is aware of, but also 32 the air quality impact, because both the VMT per capita and trip count per capita are going up; 33 so this is a sign we should be looking at this kind of development a little more carefully, this is 34 not yielding the kind of sustainability improvements that we had hoped to get. So, there's a 35 warning... there's a red flag there that...it would do us well to pay some attention to. I was 36 comfortable with the suggestion for using daylight plane as the massing control device, until it 37 was clarified that the plane measurements...start at twenty-five feet, which took me aback. 38 Nevertheless, as I look at the height maps here, I wonder how much practical difference there is 39 between a maximum height of forty-five feet and fifty-five feet, because even.... starting at 40 twenty-five feet I suspect the daylight plane constraint is the more severe over most of these 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 293 (__Packet Pg. 668 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 lots; this is not something you can do on the spur of the moment, but an interesting thing to do, 2 would be to figure out what the maximum heights are for these MXM areas in particular, using 3 the daylight plane as the constraint, because I suspect most of them are well below the forty-five 4 feet, but it's hard to tell just from eyeballing the diagram. I am also concerned about the...trees 5 and the effects of below grade structures going all the way out to the property line.., it's a creative 6 idea, but our canopy coverage requirements are already below target, and I suspect given the 7 emphasis on increased density and lot coverage throughout the city, that our canopy with likely 8 decrease, rather than be maintained or increased; so that...that makes me wonder if...three feet 9 of soil is enough, if we're not going to be able to plant the types of trees that were native to this 10 area, are we going to permanently change our tree canopy in a negative way. This is particularly 11 an issue in southern end of the city, but as you see here, it's going to be a problem elsewhere as 12 well. Alright, I think that's good for the moment, thank you. 13 14 Chair Summa: Okay. Thank you everyone and staff, this has been a really long process and it's 15 kind of hard to keep all the iterations together, we even had some confusion today, but I think 16 we got it all straightened out. I'm really happy to hear we have over a year... that we have that 17 extension because my bottom line is we're so close but not quite there and I share a lot of the 18 concerns that you've already heard stated and in thinking about what Commissioner Templeton 19 said and she was reacting to a member of the public, I'm not sure why we have R-2 and 3 at 30 20 feet, next to their thirty-five foot neighbors, at all. And if that would give more flexibility to those 21 neighbors, while also giving the neighbors that didn't want those... that residential feel to go way, 22 and so... I think kind of... that's a good idea. I'm very concerned, in no particular order, I also think 23 we need more information.., we don't certify as the Titles that ... but I think we need the draft 24 SEIR to be more complete. Including the statement of overriding considerations before we can 25 make a recommendation on it. And my concerns dove tail with a lot that you've already heard. 26 So, I think, I just looked up the special setback which ends northbound at Lambert, and we really 27 need to think about improving.., this was always an issue on the NVCAP, I was on the NVCAP 28 working group, always an issue to improve the bike lanes situation within the NVCAP. So, I think 29 we need to think about that more with regard to development standards. I think that we need 30 to know more about the daylight plane, and I had not heard about the twenty-five foot change, 31 the basement issue has to be vetted fully with our urban forestry department, and the setbacks 32 are confusing so it might be good just to clarify them. And the forty-five foot height that 33 Commissioner Chang [Vice -Chair Chang] mentioned in MXM, I think is appropriate. And you 34 know, it's sad that we can't... that we feel that we can't risk going higher in some of these places 35 because of the impacts of State Laws that we have no control over, but I would say that is a pretty 36 important place to have it, to try to control it a little because it's the shallowness of the lots along 37 El Camino in this area and the proximity to the low density residential. I think... I think that covers 38 it for me. I also think, and I'm not sure what to do about this and maybe it hopefully won't become 39 a big issue, but the lack of space in the front setback for pull in parking is problematic also, but 40 maybe it's not there right now, but it's really problematic to create more of that once again, 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 294 (__Packet Pg. 669 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 under the State Laws that we can't control so, as to whether hotels should be 3.0, I guess I think 2 it's okay for hotel to be consistent with its neighbors as long as it's neighbors are all at that height 3 and FAR. And as long as we figure out the daylight plane issues. So, that is where I am right now, 4 and I would be very happy to see this come back with a little nuanced work that we could get it 5 through rather quickly, especially given the fact that we have more time. And I think there were 6 enough little kind of areas in here that needed kind of fix up work that it would give staff a little 7 more time to make sure there aren't those kind of you know, artifacts from other versions and 8 stuff, but I'm going to go now to Commissioner Hechtman. 9 10 Commissioner Hechtman: Thank you. So, after my last round of questions I was sitting here sort 11 of freaking out about the thought of terminating 750,000 square feet of office until I looked at 12 the table and realized that in the XL/XM and XH categories, office of all three categories is a 13 permitted use, so, that frame of mind doesn't even apply in those three categories, which is 14 primarily where the office is. I was wondering if... and perhaps this is in the FEIR or the DEIR, and 15 I'm sorry I didn't look for it, if in the other four categories... I don't think there's any office in the 16 R-1, and what is going to become the NR2, I think is on one of the other slides, currently R-1, is 17 going to R-2, so there's probably no office there, but was there any kind of analysis done of 18 essentially, what is the square footage of office that is facing that termination. So, it would be 19 probably in the NR -3 and NR -4. 20 21 Planner Cha: I don't have that information right now. 22 23 Commissioner Hechtman: Okay. Alright, if I had been on my game I would have thought about it 24 earlier, sent a question in to tee you up, but that's fine. Again, my belief is really, if there is office, 25 most of it... well, it could be in the 3 or 4. It is a concern of mine, but it's not a concern of mine 26 strong enough to sit on this six year old project. So, some other minor issues. I think it's a really 27 interesting idea to come forth from the ARB about allowing the below surface garages to sink 28 sufficiently to allow a really good planting medium above them. I'm glad that's going to the 29 forestry department, and I think that's really where it should reside. You know, a couple of 30 competing issues here... 1) is the cost to go down farther, right? And that is a restraint. It is an 31 impediment. The benefit we're getting is a more robust urban forest but I think we have to 32 balance those so I think it should be part of the urban forestry departments consideration is it 33 okay if certain native plants can thrive in three feet of soil and those are the ones we put there. 34 And the ones that need four, five, six, or more, we don't put those there. I mean that's a good... 35 we're balancing these things. The height issues in the two places where the ARB and staff have 36 differing opinions, I have no issue at all with the ARB's logic. I think it's right, but I'm recognizing 37 that staff... ARB, like PTC, is a little bit insulated from the City Council. Staff is not. Staff have to 38 take this plan and convince the City Council to adopt it. And my feeling is staff thinks it's maybe 39 a little more palatable to the City Council with these two deviations from the ARB 40 recommendations so I'm going to trust staff on that, so I'm supportive of those two places and 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 295 (__Packet Pg. 670 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 again, they adopted it seems like everything else the ARB had suggested which is really an 2 impressive list of suggestions. As for the list of the setbacks and those things, those four items 3 that we were invited to talk about, I'm really not going to comment on any of those.This has been 4 six years in the making, and we've learned tonight from staff that at the sort of street level 5 exercise they went through to try to visualize how these things would actually lay out, how the 6 setbacks and building heights would work together and they've had hours and hours and have 7 spent hours and hours doing it and I'm going to trust that staff, with years of feedback from the 8 working group, PTC, and the ARB, and City Council, has got it in a good place and so I don't have 9 any comments on that. I was really interested in the comments of our first public speaker tonight 10 you know... one of the foundational premises of the working group when it started this process, 11 as I understood it, was to protect the R-1. And what I heard tonight from I think a resident of the 12 R-1, is you've actually put me in a box. Because everybody around me is upzoned, developing, 13 and I'm stuck. And I think that's a really interesting perspective and I wish we had heard it earlier 14 in the process. My thinking overall is this needs to get adopted. Once it's adopted, if there are 15 problems with it, it can be amended. But for now I think we just need to get this forward and off 16 of our plates, which really brings me to my biggest issue which to me is my 800 pound gorilla that 17 nobody has raised yet, and that is economic feasibility. So, if we look at packet pages 48 and 49, 18 one of the objectives established by the Council when this process started was, we need a 19 determination of the economic and fiscal feasibility of the plan. And in this case the plan is the 20 preferred plan that we're sending to the City Council. So, that was one of the objectives they set, 21 which dovetails with Palo Alto's Municipal code Section 19.10, which we have on packet page 10, 22 which requires determination of the economic feasibility of the plan. And then we look at packet 23 page 50 which are the comments that came out of prior PTC and ARB meetings, PTC 6, Economic 24 analysis to show shortfall. Response: No economic analysis was done due to budget constraints. 25 So, as I'm understanding it, we have not satisfied an objective of ours and we have not met the 26 code requirement. And the reason this is of particular concern to me is that back in 2021 we had 27 an economic analysis done as part of the PTCs work and that predated many of our current 28 Commissioners, but at the time, the composition of the Commission really wasn't interested in 29 what was called I think Alternative A, the low density version, which actually is now the preferred 30 plan that is going to Council. We thought that density was too low. And so, we wanted an 31 economic analysis but to save money, we said just do it of alternatives B and C. Or actually they 32 are 1, 2, 3, right? Just do two and three. Right? Two was kind of the medium density and three 33 was very high density. So, two was closer to the density of one, but about double. So, the price 34 tag that came back for two was $130 Million. That was the subsidy that would be necessary to 35 bring it to fruition. Three was $37 Million, and we came up with actually a 3.2 that penciled out, 36 that was cost neutral, right? But we never did A, and at the time I did like a cocktail napkin 37 calculation that A could cost over $200 Million in subsidies, but that was two years ago, and a lot 38 has changed about this plan that we have now. The primary changes are, number one, the 39 anticipated density of A back then was 860 units; well first of all, most of this cost is providing the 40 BMR's. That's really the subsidy driver. And it's relationship to office which can provide funding. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 296 (__Packet Pg. 671 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 So, back then the maximum buildout was 8... it was a range of 500 to 860, now we're at 530. So, 2 by lowering the ceiling, I think that will bring down the cost. Another big change is back then we 3 were looking at... there was no parking relief contemplated, we had testimony from the Economic 4 specialist that each parking stall cost about $100,000 dollars and that was a huge cost and so now 5 we've eliminated parking, and so I think that is a good thing. The biggest think I think is in the 6 plan two years ago we were reducing office space from 750,000 to 8,000 square feet. So, 740,000 7 square feet of office going away. Now, we are only losing 278,000, so there's more office to 8 support this density and the below market housing. So, I'm optimistic that ... whatever the 9 number is, it's not going to be beyond our budget, or funds that we can budget for. And so the 10 reason I asked my very first question tonight was, when are we going to lose these grant funds, 11 is I was concerned that there might be a timing issue that we need to adopt this plan. It turns out 12 we don't, but honestly I think we need to get this done. So, what I'd like to see in the motion 13 that's eventually made is that we recommend not only adoption, but that as the Council's first 14 action before enacting any of the .... Before taking further steps beyond what's currently on their 15 plate with the NVCAP, that they complete that economic study as required by our ordinance and 16 their objectives, so that as they move forward everybody knows the cost of the endeavor that 17 we've approved. So those are my comments. 18 19 Chair Summa: So... I am very impressed you remembered all those numbers. But I bet you had to 20 look them up. But, and I think we all want to get this done, it's just that, I mean I'm surprised you 21 don't want the economic study to be done... that you don't want that to be done before Council 22 sees it, but, I don't know, given your interest in it... but I think we all want to get it done really 23 quickly, but we have time... we can get some of these details ironed out and I think it would be 24 more successful a plan, is kind of my perspective. But I am impressed you remembered all those 25 numbers. But the preferred plan that we see here is not option 1. It's what the... it's what Council 26 preferred, is what I think. So.... The preferred plan that we've got to now is all the work that 27 Council did after our recommendations on the three levels of density, is really what it was... and 28 some associated economic analysis. So, anyway. I see that Commissioner Templeton has her light 29 on. 30 31 Ms. French: Also, we'd like to have a note about the economic study, which Council did not fund 32 when we expanded the scope. So, part of that is... was not for us to do because it wasn't 33 authorized to do, funded to do, back when. So, that's just a note. Also, I wanted to have a note 34 about hotels if you get there again but... about that. 35 36 Chair Summa: Tell us about hotels now. 37 38 Ms. French: Okay, City wide the maximum hotel FAR is 2.0, so we're talking downtown, all 39 commercial zones, it's a citywide limit... 40 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 297 (__Packet Pg. 672 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Chair Summa: Standard. Ms. French: Yeah, so, you start tweaking it in one area you have to kind of look.... Chair Summa: Thank makes sense. Ms. French: And that could be something that our economic retail studies are starting to look at with the retail committees, and such. Maybe in isolation it's going out there a little bit. Chair Summa: Okay thank you for that. Commissioner Templeton. Commissioner Templeton: Thank you Chair. Ms. French, I think the intention of the comment about the economic analysis is not that you didn't do it, but that Council doesn't have it and they are about to make a very expensive decision. So, we should... I think it was really intelligent and helpful comment from Commissioner Hechtman that maybe we should consider getting that on Council's agenda as soon as possible so they can make an informed decision, because you know how we can be here in Palo Alto sometimes. We can look back and go .. why wasn't that done? So, I think we can possibly try to resolve those obstacles that you mentioned. The other thing I wanted to ask was we've had a discussion up here about timing and I have gone back to my original question which is what are the constraints.., like if we were to change the timing, come back and ask for responses to our commentary tonight, does that effect anything as far as you're concerned? Planner Cha: I don't think there is. Timing wise it's not a concern at this moment just because we got extension just before the PTC hearing. But it's just that as many of the commissioners have mentioned, it has been seven years and counting. And, we have heard from a couple of developers who are interested in developing their lot with the new development standards and higher density and they're waiting for the NVCAP adoption to happen. So, there are some of those developers waiting for the NVCAP to be done so there is some concern with that. If it gets a little bit delayed, they would have to wait longer and it might not actually pencil out for their financial feasibility or whatever do wait until the NVCAP is done so it might not ... it might may be an issue with those potential projects in the future. Commissioner Templeton: Thank you. This body is generally not concerned with time pressure from applicants in that way, so I'm not sure that's the most compelling thing to say here, so what I'm trying to get at is... are we going to be able to reschedule or can you guys come back before you go to Council? What's the actual timing situation here. Planner Mr. Frick: So that's actually I good question, I think I want to provide a little bit more context on like the impact of delaying this. So, as Ms. French mentioned, we had at one point 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 298 (__Packet Pg. 673 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 requested additional funding to complete this and that wasn't approved by City Council, based 2 on our understanding, and so right now we don't have a consultant that's working on this project 3 and so another sort of concern in addition to what Ms. Cha outlined is that in terms of like the 4 staff resources to continue to work on this, it does impact our ability to follow through on 5 additional items that are within the Work Plan for the PTC as well as the Council. And some of 6 those other projects as well. So, just wanted to mention that as part of the context of the 7 equation of the delay. To the ability that we can answer questions or any concerns at this 8 meeting, like we're happy to kind of continue if there are remaining concerns to discuss those. 9 Obviously, we could, based on the grant timelines, bring this back if that's the desire of the PTC. 10 11 Ms. French: It would definitely be an allocation of resources concern. As far as other projects we 12 would have to add it back into the PTC Work Plan, which we already approved, you already 13 approved, but ... because we were envisioning being through it before July. So. 14 15 Commissioner Templeton: Okay, all of that is very helpful. Context, I'm a little concerned that 16 your comments were a little vague and you're... the thing is, and this is the first thing I said 17 tonight... is we're going to have a lot of comments. Three of us were involved with this 18 commission and we're very much care about this project. It's a huge project, it's actually a major 19 project and if we haven't prepared properly and haven't thought through these scenarios that 20 are brought up tonight, I don't know how you expect us to approve it tonight. We can't ... a lot 21 of good points were brought up and you're not ready to answer them because you need more 22 work on it and if you recommended that we take this project off the work plan because it's done, 23 we'll something has changed. There was a pending application to get an extension. Right? So we 24 have to think about ... that's not a compelling argument either. We have to do a good job and we 25 have to finish this, and this is.... The decisions we're making about this project are going to last 26 for fifty years. These are major investments in our community, especially in the south Palo Alto 27 area. So, I wanted to approve it all tonight, I get it, I have the same hope that you do, but we're 28 not ready. We have questions. Right? And, they have to be answered in order for us to move 29 forward. That's our responsibility as Commissioners, is to look after the decisions that are being 30 made on behalf of the City, right? To ask the tough questions and make sure that we're thinking 31 it thoroughly through. So, As much as I want to move forward quickly as well, the best way to 32 handle that will be to get our questions answered quickly, come back and keep it on the schedule 33 with Council. And if that's not possible, then you need to think about your priorities. Thank you. 34 35 Chair Summa: Okay, sorry. Commissioner Hechtman. 36 37 Commissioner Hechtman: Yeah, I'm wondering if there's a middle ground here. Somebody just... 38 first I wanted to just clarify, when I talked about the absence of an economic analysis on this plan, 39 that was in no way intended to be a criticism to staff, that was a Council decision, right? The 40 Council made that decision and now they have a plan coming toward them without a component 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 299 (__Packet Pg. 674 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 that's required by the ordinance and that's on them. And so I'm just daylighting that so that we 2 can figure out how to make them aware of it. I'm ... I guess my inclination is I want to.. I'd like to 3 move this... because we have these open issues, right? We have these, what I'll call design or 4 parameter issues that we've raised, we have this feasibility.., economic feasibility issue. I'm 5 wondering if we should make a recommendation to basically take the Council's temperature. And 6 to say... we think that there are these open issues that really need more study by the Planning 7 Commission. But we're presenting it to you, to decide whether you want to send it back to us, 8 and that's how we alert them to these details that we feel are missing from various 9 commissioners, and the absence of the economic study. And if the Council wants to allocate the 10 resources, right, to staff, to do more work on this plan, which in one scenario is done, then they 11 can send it back to us. But if they ... but if a majority of them thing enough is enough, let's approve 12 it... then they'll have that ability also. So, that's kind of the middle ground that I'm thinking of.... 13 Is... and you can even keep the June 18th date under this scenario and they could still approve it 14 or send it back. And maybe that's a conversation.., the money for the study is maybe a 15 conversation that can happen with the city manager, between now and June 18th. But anyway, 16 that's me trying to thread the needle. 17 18 Chair Summa: Thank you for that. So, I'm not hearing a majority here that wants to move it 19 forward with the way it is, so, there is outstanding issues of development standards that I believe 20 we would like fixed. So, the way I see it, the way I thread the needle is we either recommend it 21 with those conditions, or we can't recommend it at this point. And I don't think that's holding the 22 project up, and I think ... I'm personally not comfortable telling the Council, hey... reconsider 23 you're decision to not do more financial analysis. That was their decision. So, that makes me feel 24 a little uncomfortable. So, I'm wondering.., so that's kind of the way I see it... I see that 25 Commissioner Reckdahl has a light. 26 27 Commissioner Reckdahl: I don't think we're that far away, I think we could do it tonight, but it 28 would need some work, but in some ways what I'm worried about is we'll give comments back 29 to staff and they'll come back and we'll do this all again, same some second verse, third verse, 30 fourth verse.., you know, a month or two from now and are we better off if we can come to 31 consensus on the open issues, say here we approve this but we think there's work to do XYZ and 32 let Council digest that. 33 34 Chair Summa: That sounds... I'm hap... That's a good idea, Commissioner Chang [Vice -Chair 35 Chang] and then Commissioner Templeton. 36 37 Vice -Chair Chang: Well, I was going to try to move us along because I think there is some 38 consensus that we need to... that some things need to change, but I'm not sure that it fully needs 39 to come back to us unless Council decides... like.., if we were to say Staff go away and work on an 40 economic feasibility study, that doesn't do anything for us because there's no funding for that. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 300 (__Packet Pg. 675 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 So, we may as well make a motion with the changes to the development standards that we want 2 and then we can add something in the motion that says that we think it might be a good idea to 3 do an economic feasibility study and then let Council decide. So, I was going to try and make a 4 motion, but I don't know if we are... oh, yeah... sorry. 5 6 Commissioner Templeton: So, I'd be happy to explore that as well, but right now, just thinking 7 about Commissioner Reckdahl's comments, like how are we... we asked a bunch of questions that 8 they didn't have answers. How do we work through that? 9 10 Vice -Chair Chang: Which questions do you think we have... just... I'm just confused. 11 12 Commissioner Templeton: Everything that you brought up. Literally. Every single thing. So, like 13 I don't think we got answers to those questions, we didn't get answers to how deep that the 14 parking lot needs to be, and those kinds of things. 15 16 Ms. French: How deep does a parking space need to be? 17 18 Commissioner Templeton: No. (crosstalk) 19 20 Chair Summa: Where you start measuring the ceiling height between.... 21 22 Commissioner Hechtman: If we lower the underground parking to accommodate a planting 23 medium ... 24 25 Chair Summa: Above 26 27 Commissioner Hechtman: How deep does that planting medium need to be, I think that's .... 28 29 Commissioner Templeton: To accommodate Trees (crosstalk) 30 31 Commissioner Hechtman: Yeah, we just don't have an answer. 32 33 Planner Mr. Frick: So just to clarify the staff recommendation regarding that topic that was 34 brought up by the ARB, we're recommending that we do need additional study about that policy, 35 not just for the NVCAP area but as it applies City wide, so, that's what staff's recommendation is 36 regarding that, is that it's premature to have a specific standard for that, for the NVCAP area 37 solely, without looking at it wholistically, how that's applied citywide because there has been you 38 know, different interpretations over the years as our... (interrupted) 39 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 301 (__Packet Pg. 676 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Commissioner Templeton: Thank you. And we'll get to those individual topics, I just want to make sure I understand Commissioner Reckdahl's vision about what we'll do if we continue with this and also ask the Chair if we're going to knock some other Agenda item off. Thank you. Chair Summa: I didn't hear the last part, what's that? Commissioner Templeton: Will we be exchanging another agenda item off of this to take the additional hours it will take to do this? Chair Summa: I think to have a full discussion in real time right now would take longer than what... we would have to jettison an item. And I think it makes more sense for staff to hear our concerns and come back to us, and I don't think that's holding this project up, a lot has really not made the NVCAP... the NVCAP kind of bumped along instead of rolled and I don't think that this is a significant... and I don't think that there's that many issues, but for the six of us to go through those issues tonight, would take hours. So, that.... Commissioner Templeton: So, I would love to hear from Commissioner Reckdahl because that was exactly my concern. Thank you, Chair. Commissioner Reckdahl: I mean some of this things for example do we want twenty foot setbacks, special setback along Park. That would be easy for us to come to a consensus ... yes or no. Do we want to change the daylight plane? I would think that would be fairly straightforward to say yes or no. So, I ... maybe I'm optimistic but to me it doesn't seem like it's going to be that difficult to identify where... you know take a straw poll of what we want on each of the items. And maybe we're more divided that I thought we are. But... Commissioner Templeton: Okay, we'll let's give it a shot. MOTION Vice -Chair Chang: I was going to attempt, and then if we don't like the motion, then great. I think I have a list, and maybe I need some help with some amendments... So I was going to move the staff recommendation but change the language to say Consider the SEIR, instead of certify, and then to strike the statement overriding considerations part unless by law we are required to look at that. I don't think so, so just to strike that part since we haven't seen it. And then... So, I would say move the staff recommendation, change certify to consider, strike everything that talks about the statement of overriding considerations, and the rest of number one, so we're also not adopting, we're considering everything. And then, with these modifications. So I would suggest that we extend the special setback that the City has along Park that currently stops at Lambert, extending it all the way to Page Mill, so extending it through out... through the length of the 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 302 (__Packet Pg. 677 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 NVCAP, changing the height back to the preferred ... what's it called, preferred plan for 2 specifically NVMXM to 45 feet, and I believe the last one is to change the daylight plane to start 3 at ten feet rather than twenty five feet. I think that's everything. Oh and then the final note would 4 be that we would also suggest... that we ask City Council to consider completing an economic 5 feasibility study. 6 7 SECOND 8 Commissioner Reckdahl: Second. 9 10 Chair Summa: I'm going to take a minute to read my notes. Because it's... Oh so staff was not... 11 staff doesn't think we need to add the basement tree planting above it because you're not 12 planning on putting it in. 13 14 Planner Mr. Frick: So, just to clarify, the staff recommendation is to not... address that differently 15 than anywhere else in the code but if it's the recommendation of the PTC, we're... you know, we 16 can take that to the Council to consider something different about that aspect of what the ARB 17 recommended. 18 19 FRIENDLY AMENDMENT #1 20 Chair Summa: Okay, thank you for that. Did the maker want to include allowing R-1 and R-2 to 21 go to 35 feet along Pepper and Olive? 22 23 Vice -Chair Chang: Sure, I just don't know if that creates any... you know, we had a discussion... 24 can we discuss... So, before I accept that amendment, I think there was some consensus up here 25 about the value of having things be the same throughout the city, as much as possible, so I just 26 didn't know if doing something like that, which I'm in favor of by the way, because of what we 27 heard for public comment, but if doing something like that would create administrative 28 difficulties... 29 30 Chair Summa: Isn't the standard 35 feet in R-1? 31 32 Planner Cha: I believe it's 30 feet. 33 34 Ms. French: It's 35... it goes up if it's a tall pitch. 35 36 Chair Summa: And R-2, RND, isn't it also 35? Or is it the same, I mean I don't believe it's a change, 37 I don't think it's a change, really. 38 39 Ms. French: Yeah, there's flood zone considerations, etc.... that bump it up. 40 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 303 (__Packet Pg. 678 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Vice -Chair Chang: Okay, then what I would say, since we're changing it for R-2, NV R-2 anyway, 2 then it seems to me it makes sense to change it for NV R-1 as well so I would add that amendment 3 to the motion. Do I have a second? 4 5 SECOND 6 Commissioner Reckdahl: Yes. 7 8 Commissioner Templeton: I thought we were going to discuss the daylight plan setback before 9 the motion was made, something... 10 11 Vice -Chair Chang: I think we can always discuss a motion after the motion is made, right? 12 13 Chair Summa: Yes, we can still discuss it. And I was also going to ask about adding ... I don't think 14 we can say what they should be right now, but that staff should review the street setbacks. There 15 was a lot of concern on the body about those. 16 17 Vice -Chair Chang: Yes, there's concern but I think staff also told us that they did review is pretty 18 carefully. So, maybe to address that would we want to just ... I mean I think what would be helpful 19 before this went to Council, regardless... may there would be a diagram that shows those 20 setbacks because it is... in table form only right now, so it's hard to understand what the setback 21 is everywhere, through this little area, but I think as long as it's more understandable, staff has 22 said that they've done the work and they thought about it with all the cross sections. 23 24 FRIENDLY AMENDMENT #2 25 Chair Summa: Maybe it would be to provide it in a ... flat information for the council report in the 26 manner you just suggested, in addition to the table. 27 28 Vice -Chair Chang: I'm all for that. So, adding to the motion another point about providing 29 additional information to Council on the street setbacks in a graphic or map form. 30 31 Commissioner Reckdahl: Oh, yeah, I accept that. 32 33 Planner Cha: Just the clarify, the addition, the diagram request, that's similar to like height map 34 where... okay, so on a map form... 35 36 Vice -Chair Chang: Yes. 37 38 Chair Summa: Commissioner Hechtman. 39 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 304 (__Packet Pg. 679 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Commissioner Hechtman: So, kind of digging down into what I count now are six point in the... six modifications... from staff? Vice -Chair Chang: Yes. Commissioner Hechtman: Okay. So, second is change the height on the NVMXM back to 45 feet, Can staff pull up that Height diagram that showed the whole NVCAP? Planner Mr. Frick: The preferred plan slide? Commissioner Hechtman: Yeah, I want to see what it's next to right? And what those heights are. Planner Cha: I might need a couple of minutes. Commissioner Hechtman: Okay. While you're doing that, let me ask a question on number three, changing the daylight plane to start at ten feet rather than 25 feet... is this is a... do we have a citywide daylight plane figure? Planner Cha: The objective standards apply to city wide, and so it is a city wide standard. Commissioner Hechtman: And is that citywide standard 10 feet or 25 feet? Planner Cha: I believe (interrupted) Commissioner Hechtman: or some different number? Planner Cha: Yeah, residential is different. Ms. French: The daylight plane is different for single family zones R-1, than it is for you know, multi -family, that kind of thing, so it varies, depending on the zone. Commissioner Hechtman: Okay so for single family city wide what is it? Is it 10? ARB says it's 10. Ms. French: Ten feet up, 45 degree over from the property line. Commissioner Hechtman: Okay. So... and then R-2 is something maybe more than ten? Commissioner Reckdahl: I think R-2 is the same as R-1. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 305 (__Packet Pg. 680 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Commissioner Hechtman: Okay, alright. And so, so what staff was ... the proposal that came to us, it was proposing in some situations a different daylight plane than otherwise applicable throughout the city, to meet some of the goals... you know, to meet some of the goals of the NVCAP growth. Is that right? So R-1 would be 25, where as R-2 would be ten. Planner Cha: We will follow whatever the Citywide requires... We will check the requirements, sorry, but whatever the city wide requirements apply, we'll consistently (interrupted) Commissioner Hechtman: Okay ... because I... that might have been a misconception on the Planning Commission that ... because I've heard an effort to change here, I would think on this issue we would just apply the city wide standard, whatever it is... unless you have a reason (interrupted) Vice -Chair Chang: Well, the concern was in the table. It specifically referred to daylight plane referring to particular section of code. Commissioner Reckdahl: The way the daylight plane works in the code is that if you're R-1 has a daylight plane, then the R-1 daylight plan applies. But if you're in a zone that doesn't have a daylight plane, then you refer back to this... 18.24.050, and that tells you the daylight plane for all the misfits that don't have their own daylight plane. Vice -Chair Chang: And because this is a new zone, it's not... it's NV R-1, not R-1, it would then... a 25 foot would apply. That's why. Commissioner Hechtman: Okay, but is the intent of your motion to have the new NV zoning track the base zoning exactly? Vice -Chair Chang: Yes. Commissioner Hechtman: Okay, alright. And so, then my question of staff is does staff have a different intent? That the NV daylight plane not track the base zoning daylight planes exactly? Planner Mr. Frick: Yeah, so the intent for staff was to have it track the objective standards, as it relates to the daylight plane. So the city wide standards, and so the... the rational for that was that if some study changes how that's applied city wide, then that would also apply to this area. Commissioner Hechtman: Right. Okay, alright, then I think that was the intent of the maker of the motion. That that be true. That it track... whatever happens in R-1, happens in NV R-1, R-2, and V. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 306 (__Packet Pg. 681 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Vice -Chair Chang: So, yes, that is my intent, however, as written right now, in the ordinance, it wouldn't. Commissioner Hechtman: Right... right. And so what... I guess my ... I'm quibbling on semantics, right, then rather than quantify it... let's you know, state the quantitative intent. FRIENDLY AMENDMENT #3 Vice -Chair Chang: So, I think what Commissioner Hechtman is suggesting is that I change the motion so that point about changing the daylight plane to start at ten feet, should instead read the daylight plane in NV R-1 and every other zone, should conform to it's equivalent zone in municipal code. Commissioner Hechtman: yeah. Vice -Chair Chang: In the existing code. Commissioner Hechtman: Yeah, okay. So, another quibble... oh... let's go back to (interrupted) Vice -Chair Chang: We need Commissioner Reckdahl to (interrupted) SECOND Commissioner Reckdahl: Yes. I accept. Commissioner Hechtman: Alright then, so I just wanted to take a look, because we had two of the elements dealing with height, and so the NVMXM that is included in the motion to come back to 45, are those the two on El Camino on either side of Portage? Planner Cha: It'll be for entire MXM, so anywhere that says 45 here, will ... so... this is a staff recommendation.... So with the 55, here will become 45. Commissioner Hechtman: Oh I see. All the 45, and the 65 stay 65. Planner Cha: Right. Commissioner Hechtman: Okay, and meanwhile, the 30's, directly behind the 55's, are going up to 35, another aspect of the motion. Planner Cha: According to the motion, yes. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 307 (__Packet Pg. 682 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Friendly Amendment #4 2 Commissioner Hechtman: According to the motion, yes. Okay. So, alright. So, I would just tell 3 the... well let me state my position. I don't have any objections with the R -1's going from ... the 4 R-1 and R-2 going from 30 to 35, but I wouldn't support bringing the 55's down to 45, and so I'd 5 hope that we could pull that out of the motion and do it separately. So, that I can... Number 2, 6 change height on NVMXM to 45, I ask that we vote on that separately because I'm trying to build 7 the rest of it that I can support. And then in terms of ask Council to consider economic feasibility, 8 I think I would just word that a little differently that part of our recommendation is to confirm 9 Council's awareness of the economic feasibility study requirement of our municipal code. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Vice -Chair Chang: Accepted on the economic feasibility study. Commissioner Reckdahl: Accept. Vice -Chair Chang: Okay, then regarding the request to vote separately on the second point about changing the height for NVMXM, I'm fine with doing that because I think if we provide more granularity for Council on where we have agreement and disagreement, that's a good thing. Planner Cha: Just to clarify, sorry, but this 65 above Ash street will be also... supposed to be 55 because those are MXM districts as well. That was missed when we were making the diagram, sorry. So, the 65 here next to green park area should (Crosstalk — interrupted) Vice -Chair Chang: Should read 55 Planner Cha: According to the staff recommendation. (crosstalk) Commissioner Hechtman: And so if we see those as the deeper blue 55 feet, this aspect of the motion is really changing all of the 55, including those two, to 45. Planner Cha: That's correct. Commissioner Hechtman: So, yeah, with that I would be ... if we can pull out item 2, 'd be happy to support the motion, although I think we need to start it ... is our motion is not what we considered but I think the way you do this with the EIR stuff is ... having considered the draft SEIR, we recommend everything you said. 37 Chair Summa: If you change the wording like that, I would like you to make a separate vote I'm 38 requesting because I find it very difficult to vote on something where we haven't got the 39 information yet. 40 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 308 (__Packet Pg. 683 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Commissioner Hechtman: Actually, you're raising a good point, I kind of short cut the... you're talking about the comment I just made about the SEIR, right? Chair Summa: Yes. I think it might be appropriate then to have that then be a separate vote also. FRIENDLY AMENDMENT #5 Commissioner Hechtman: Then again, it's not... the preface to... it's not actually a separate motion, it's the preface, because we're not really moving anything about the SEIR, we're just saying we saw it. Right? And So, but to clarify, most of the statement in Item 1 of the staff recommendation, we don't repeat. So, the motion would start having considered the draft supplemental environmental impact report, the PTC recommends to Council that, and then we jump to number two. So, we don't talk about statement of overriding considerations because we didn't see them, we don't talk about the findings because we didn't see them; or the mitigation measures. Chair Summa: I see. Commissioner Hechtman: Right? Vice -Chair Chang: Ok, I accept that change, as well. Commissioner Reckdahl: Accept. Vice -Chair Chang: And we're going to remove... I think for the height discussion, we're going to remove that from consideration of this motion, and then we'll vote on a separate motion about height, or we'll have a discussion about height and then vote. Vice -Chair Chang: Commissioner Reckdahl, are you okay with removing the second point about height from the motion and voting on it separately? Commissioner Reckdahl: We can either make it one motion and split the motion or we can have two motions. I think in someways it's cleaner to just split the motion and vote separately, but I'm flexible. Vice -Chair Chang: I don't understand the difference between the two options. Commissioner Reckdahl: we're getting late at night here. Let's break it into two separate motions. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 309 (__Packet Pg. 684 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Vice -Chair Chang: Okay. We're going to break it into two separate motions. Great. Chair Summa: Commissioner Akin did you have your light on? Commissioner Akin: I did, but my issue has just been resolved by making it the second motion. Chair Summa: Okay. Commissioner Templeton. Commissioner Templeton: I'll do it when we go to the next motion. Chair Summa: Are we ready to vote on everything except item 2, which is going to come as a separate motion? Okay. Can you please call the vote Ms. Dao? VOTE Ms. Dao: Commissioner Akin Commissioner Akin: Yes. Ms. Dao: Vice Chair Chang Vice Chair Chang: Yes Ms. Dao: Commissioner Hechtman Commissioner Hechtman: Yes Ms. Dao: Chair Summa Chair Summa: Yes Ms. Dao: Commissioner Reckdahl Commissioner Reckdahl: Yes Ms. Dao: Commissioner Templeton Commissioner Templeton: Yes Ms. Dao: Motion carries 6-0. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 310 (__Packet Pg. 685 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 MOTION PASSED 6 (Akin, Chang, Summa, Hechtman, Reckdahl, Templeton) 6-0-1 (Lu Absent) Commission Action: Moved by Chang, seconded by Reckdahl. Pass 6-0-1 Chair Summa: Alright, now on to motion number 2. Vice -Chair Chang: I think we need to have a little bit more discussion about this because I am ... as I look at the staff diagram, I'm a little bit more concerned about it. So, I'm just going to... since I have my mic on, I'm going to keep talking. So, my concern about the NVMXM height is specific to ... it looks four parcels. And yet I think that it's a real concern there. So, if I could, I would have different heights for NVMXM on the right side near Lambert and Ash, and ... versus those three parcels that are from Oregon... or maybe four parcels from Oregon to Acasia. Planner Cha: Just to clarify, you're recommending that anything left of Acasia to the... Acasia to be the dividing line ... for the height? Vice -Chair Chang: Yes, that's what I would like, but I don't know what kind of administrative headache this would create. I mean I don't know why we wouldn't just take some of these .... You know if we believe the daylight plane solves the problem, part... and we're not... I think that there's also a massing problem but only as it relates to R-1, or NV R-1 housing, so it makes me wonder why we wouldn't just take all the other NVMSMs and make them NVMXHs. But that.... So I'm not making a motion right now, I'm just discussing. Chair Summa: Maybe it would be helpful to put up the zone map. The proposed zone map. Thank you. Commissioner Templeton: Can you also recap what your reasons are for wanting to change those? I still... don't get it. Vice -Chair Chang: So, my reason is if you're living in R-1 and you've got a three story building behind you that is really massive and you know, you go into your yard and you feel like you're just completely dwarfed. And so, that is my concern and if it's the difference between say a 45 foot building and then another ten feet is quite substantial when you're standing at the base of the building, which these R-1 lots would be. So.... But those NFMXMs that abut the park, I have no concern whatsoever about those being the 55 or maybe even 65 feet. So, I think that's where I stand on this. And I didn't know if other commissioners had thoughts. Commissioner Templeton: Well, I would say that people live on Lambert, on the other side of that one you just said you have no problem with. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 311 (__Packet Pg. 686 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Vice -Chair Chang: Yeah but there's a street there between, you're backyard isn't right up on it. A street is like an additional 25 feet. Commissioner Templeton: Chair let me know when it's my turn. Chair Summa: I'm sorry what? Commissioner Templeton: Let me know when I can speak. Chair Summa: Oh, you can speak now, I thought you were speaking. Commissioner Templeton: No. Vice -Chair Chang and I were just going back and forth until you called on somebody. So. Thank you. From my perspective, we really, we're going to create some interesting aesthetics by having such differential along El Camino. And that's another annoying possibility. It may not be as annoying as having a giant building in your backyard, but we do have the daylight plane consideration to think about how it's going to step back, so that's one concern for me. And then I'm thinking like that part that's NVR-4, that's business but it's going to residential in the future, is that what we're saying for that space? You know, I trust the Architectural Review Board enough to design it in such a way that it won't be hideous and have an objective position to the neighboring houses but you know, maybe that's what you're saying. How do we ensure that? But my concern is like, let's make the most of it... this is a huge project, a huge space, a huge opportunity and I think I'm not as concerned about the parts along Oregon and El Camino and if we can make other gestures like we have done tonight, to the neighbors living in R-1 and R-2, it might be acceptable trade-off. Right? So, we have to think about the possibilities and not just the worst possibilities, but maybe reasons why it could work as well. And, for me, that's making me feel comfortable going to 55. You know, 45 is not awful, 50 I think is kind of our standard around here, and 45 is five down and 55 is five up. And it's not... on building it's not really that dramatic and if that's what the experts who reviewed this are recommending then I'm not sure I want to shorten these buildings and reduce the amount of homes we can get there. Thank you. Chair Summa: Thank you. Commissioner Akin. Commissioner Akin: Thank you Chair. Now that we have daylight plane starting at ten feet to match conditions elsewhere in the city, I think it quite likely that the ARBs wisdom applies here and that is going to be the constraint on height and massing for the MXMs from Oregon to Acacia. So, I suspect the height limit is a lot less critical than it was, before making that change. Secondly the MXMs over along Lambert, do I understand correctly that we hope to put some of our BMR development in this area? 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 312 (__Packet Pg. 687 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Planner Cha: Related to the Sobrato development it will be within the NVPF. Commissioner Akin: Oh, it will be in the PF. Okay. The main thing that I was going at was that we may well want additional height for that project, and if that's the case, we may well accept additional height in these MXM areas that are nearby. Perhaps they should be MXHs. And that would be a relatively simple change. Commissioner Templeton objection to the MXM.... To the extra height directly across R -1's on Lambert is well taken, but I am willing to buy into Vice -Chair Chang's argument that the extra width of the street makes a difference. So, My inclination is to rely on the daylight plane as the ARB suggests between Acacia and Oregon, and go to MXH along Lambert. Thank you. Chair Summa: Commissioner Reckdahl. Commissioner Reckdahl: Yeah. If it wasn't for the density bonus law I would totally agree with Commissioner Akin. But if someone can waive the daylight plane and then use the base height to... and then add on to that... well 33 it's affordable... so, those two things combined means that the people over on Olive and Pepper could really be surrounded by tall buildings and we'd have had nothing to do with that. Couldn't do anything about that. So, by keeping that MXM by Olive and Pepper lower, I think were giving the best to protect those people... still 45 is not a bad height ... ten years ago we'd consider that a huge building and now it's still significant. But then over on Lambert and Portage, I would accept moving those up... moving those MXMs to MXHs. Chair Summa: You're supporting keeping MXM at 45 feet? Commissioner Reckdahl: yeah, keeping ... what I'm concerned about is the MXMs that are over by Pepper and Olive, and I'm afraid that this daylight plane will not protect us because it will get waived, potentially get waived by the density bonus law. But I'm less concerned about that over on Lambert and Portage. So I would be open to upzoning those but keeping the ones over by Olive and Pepper low. Chair Summa: Okay, I will just interject really quickly that also the daylight plane... there's no provision to protect the new park away from... in terms of daylight plane. So, I just wanted to add that and then I'm going to go in order to.... Chang, and Hechtman. Vice -Chair Chang: Well, I was ready to make a motion so I think I don't need to speak right now. Chair Summa: Okay, Commissioner Hechtman. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 313 (__Packet Pg. 688 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Commissioner Hechtman: Yeah, I was trying to figure out if there was a motion on the floor. But 2 I think there are two concepts on the floor right now, if I'm understanding correctly, 3 Commissioner Chang's [Vice -Chair Chang] I think modified concept is to reduce the height of the 4 NVMXM ... or keep the height at 45 feet but only from Acacia north. Right? And then there's a 5 separate concept which Commissioner Akin has brought up about taking the NVMXM along 6 Lambert and changing that to MXH, if I understood that right. Right? So, it's got two concepts, 7 maybe two motions coming our way, but definitely should be two different motions. I guess let 8 me comment on them separately. So, the ... in terms of the height of the NVMXM north of Acacia, 9 I guess my thoughts are... I wouldn't support that motion, we've already.... the NV R-2 that we're 10 showing on the right side of this diagram according to the left side of this diagram is currently R- 11 1, so we're already... and maybe it was part of the... if that's correct, maybe it's part of the housing 12 plan zoning element .... Housing element rezoning that we've already sort of provided economic 13 benefit to those parcels. Tonight, we're recommending that the NV R -1's, which currently have a 14 generally a thirty foot height go to thirty-five. So, we're providing an economic benefit to them 15 as well. Now, part of that group is surrounded by that NVMXM, most of which are along two of 16 our major streets, El Camino and Oregon. That's the place to put density. And so, I think we need 17 to keep that at 55, trust the daylight plane to do it's work, recognize the benefit we've given to 18 the R -1s in the middle of this neighborhood, and basically hold the 55 there. On the Lambert 19 stuff, I guess I'm hesitant to change the zoning of that on the fly. I don't know if the draft SEIR 20 was done in a way that would accommodate that additional density. You know, when I look on 21 packet page 14 at the table of designations, the H version is at 3.0 to 1 FAR compared to 2.0, so 22 it's at fifty percent increase and the upper range for the MXM at 70 units is close to the lowest 23 range at the H. Because that's a 61 to 100. So, while it may be a good idea in the long run, I 24 wouldn't support it tonight, for those reasons. I think we would really have to study it and confirm 25 it was in the SEIR. Because if it's not, then we've got an impact that hasn't been analyzed. 26 27 Chair Summa: I would agree with that and I would say that you don't have to worry about 28 reducing impacts, if you think there are going to be changes in the EIR but you do have to worry 29 about adding impacts. So, I would agree with that. Commissioner Templeton. 30 31 Commissioner Templeton: I'm not sure if I can remember what I pressed my light for, hold on a 32 sec, give me just a second. No, I don't think I'm going to get it. Thanks. 33 34 Chair Summa: So, I would suggest that we have the original second motion pertain to MXM... did 35 you have an epiphany? 36 37 Commissioner Templeton: I did. My question was for Mr. Yang, and I just wanted to confirm 38 that we fully understand the legal implications of discussing adjusting our heights to circumvent 39 the ... what is the law, you think.., the density bonus. Thank you. 40 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 314 (__Packet Pg. 689 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Mr. Yang, City Attorney: So I don't see this as circumventing the density bonus, but you know, 2 heights... this whole area is regulating it's density through FAR and so what we've done is we've 3 determined that these FARs combined with these heights and setbacks can accommodate these 4 reasonable densities that we're projecting, but it's all going to come down to what type of project 5 gets proposed and if someone is eligible for a density bonus, they'll be able to increase their FAR 6 by some percentage and then they can waive any of these other development standards to 7 accommodate that additional FAR. But it shouldn't be a significant waiver because we've already 8 sort of modeled out how this FAR can fit in the other standards. 9 10 Commissioner Templeton: Thanks, I'm just concerned because like, we know what heights will 11 be acceptable and we're constraining ourselves based on the density bonus, I just wanted to 12 make sure I understand to what extent we're allowed to do that and not ... so it sounds like we're 13 fine so let's move on, thanks. 14 15 Chair Summa: Okay, I was going to suggest that the maker and the seconder might decide if they 16 want to incorporate the Lamber MXM to MXH. 17 18 MOTION #2 19 20 Vice -Chair Chang: No, I think what I'll do is just make the original motion which is to change the 21 MXM height back to the 45 feet in the originally proposed plan because I am concerned about 22 what Commissioner Hechtman said so I don't want to change the... I mean we can do that later. 23 But I think that leave the... across the whole area, yes. 24 25 SECOND 26 27 Commissioner Reckdahl: Second. 28 29 Chair Summa: Okay. Are there comments? Commissioner Templeton your light is on but that's 30 probably my fault. If no one else has anything to say then we can go ahead and take the vote. 31 32 VOTE 33 34 Ms. Dao: Commissioner Templeton 35 36 Commissioner Templeton: No 37 38 Ms. Dao: Commissioner Reckdahl 39 40 Commissioner Reckdahl: Yes. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 315 (__Packet Pg. 690 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Ms. Dao: Chair Summa Chair Summa: Yes Ms. Dao: Commissioner Hechtman Commissioner Hechtman: No. Ms. Dao: Vice -Chair Chang Vice -Chair Chan&: Yes. Ms. Dao: Commissioner Akin Commissioner Akin: Yes. Ms. Dao: Motion carries 4-2-1. MOTION PASSED 4 (Akin, Chang, Summa, Reckdahl,) -2 (No: Templeton, Hechtman, Lu Absent) Commission Action: Moved by Chang, seconded by Reckdahl. Pass 6-0-1 Chair Summa: Thank you very much everyone. Commissioner Reckdahl: Do we want to consider Lamber and have that be contingent on staff finding out whether that would violate the EIR? Chair Summa: I don't but if you do you should recommend it. Commissioner Akin: Since I made the proposal, I will officially say that I find Commissioner Hechtman's argument compelling and I don't want to risk compromising this EIR. Commissioner Reckdahl: Okay. Fair enough. Chair Summa: Okay. I believe that concludes ... so the original motion covered part III, Adopt draft ordinance I believe... Ms. French: Yes. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 316 (__Packet Pg. 691 of 692 Item 11 Attachment!: Draft verbatim Minutes Excerp 1 Chair Summa: So, I think that concludes this item. Good evening Chair Baltay, thank you for 2 joining us and I'm going to recommend a break, how about 8 minutes? Yes? OH, I'm sorry, it's 3 the last meeting that I'm probably going to Chair and so I wanted to be consistent. Would you 4 please like to speak to your No's? 5 6 Commissioner Templeton: I would, thank you so much Chair. I just want to say that it's really 7 important that we get the housing where we can get it and I'm concerned this will reduce the 8 number of units and that's why I didn't want to support it. Thank you. 9 10 Chair Summa: Commissioner Hechtman would you like to speak to your no? 11 12 Commissioner Hechtman: No further comments, thanks. 13 14 Chair Summa: Okay, does 8 minutes sound good? Okay, see you back here in 8 minutes, which is 15 9:12. 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non -speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Item 11: Staff Report Pg. 317 (__Packet Pg. 692 of 692