Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2024-08-05 City Council Agenda Packet
CITY COUNCIL Regular Meeting Monday, August 05, 2024 CITY O F Council Chambers & Hybrid PALO 5:30 PM ALTO Palo Alto City Council meetings will be held as "hybrid" meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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(c�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 change at any time. including 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. August 05, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 - 6:05 PM) Interview Candidates for Vacancies on Historic Resources Board CLOSED SESSION (6:05 - 7:05 PM) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Authority: Government Code Section 54956.8. Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site). Negotiating Party: Palo Alto Unified School District. City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Sunny Tong). Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (7:05 - 7:35 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 (7:35 - 7:40 PM) Members of the public may not speak to the item(s). CONSENT CALENDAR (7:40 - 7:45 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 3. Approval of Minutes from June 17, 2024 and June 18, 2024 Meetings 4. Authorization to Execute an Amendment to Legal Services Contract S22183520 with Liebert Cassidy Whitmore to Increase Amount by $150,000 for Total Not -to -Exceed Amount of $320,000 and to Extend the Term; CEQA Status — Not a Project. 5. PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5 -acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61 -unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In -fill Development). Zoning District: August 05, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. RM-20. Supplemental Report added 6. Adoption of a Resolution Establishing Fiscal Year 2025 Property Tax Levy for General Obligation Bonds (Measure N Libraries); CEQA Status: Not a Project 7. SECOND READING: Adopt an Ordinance and Resolution Extending the Interim Parklet Program to the Car -Free Portion of Ramona Street through March 2025; CEQA status - categorically exempt (FIRST READING: June 18, 2024 PASSED 7-0) CITY MANAGER COMMENTS (7:45 - 8:00 PM) BREAK (15 MINUTES) ACTION ITEMS (Item 8: 8:15 - 8:30 PM, Item 9: 8:30 - 10:00 PM, Item 10: 10:00 - 10:15) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 8. PUBLIC HEARING: Consideration of Objections for Weed Abatement Assessments; and Adoption of Resolution Confirming the Weed Abatement Report and Ordering Abatement Costs to be a Special Assessment on the Properties Specified in the Report; CEQA status - categorically exempt. 9. 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. 10. Designation of Voting Delegate and Alternate for the League of California Cities Annual 2024 Conference, to be held October 16-18, 2024, in Long Beach, California ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting's agenda. 11. Accessory Dwelling Unit (ADU)- 2024 Quarter 1 Report 12. Fiscal Year 2024 Annual Evaluation Report for the Santa Clara County Multi - Jurisdictional Program for Public Information on Flood Preparedness and Awareness, August 05, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. and the Resulting Community Rating System Flood Insurance Discounts 13. City Council Summer Recess Report 14. Update on Pending State and Federal Legislation, Advocacy and Grant Writing Activities; CEQA status — not a project OTHER INFORMATION Standing Committee Meetings this week Finance Committee August 6, 2024 Public Comment Letters Schedule of Meetings SUPPLEMENTAL / AMENDED AGENDA ITEMS 5. SUPPLEMENTAL MEMO: PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5 -acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61 -unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. 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. August 05, 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. August 05, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A "license, permit, or other entitlement for use" includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A "party" is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A "participant" is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of "financial interest" in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council's actions. If you qualify as a "party" or "participant" to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. August 05, 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 Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY CITY O F Lead Department: City Clerk PALO LTO Meeting Date: August 5, 2024 Report #:2406-3115 TITLE Interview Candidates for Vacancies on Historic Resources Board RECOMMENDATIONS Staff recommends the City Council interview four candidates for vacancies on the Historic Resources Board. BACKGROUND At the June 17, 2024 City Council Meeting the City Council selected four candidates to interview for two vacancies on the Historic Resources Board. The interview schedule for August 5, 2024 is listed below. Schedule of Interviews for August 5, 2024 Historic Resources Board 5:30 PM Caroline Willis In Person 5:40 PM Geddes Ulinskas In Person 5:50 PM Zachary Pozner Zoom 6:00 PM Barry Katz In Person ATTACHMENTS None APPROVED BY: Mahealani Ah Yun, City Clerk Item 1: Staff Report Pg. 1 Packet Pg. 7 of 554 Item 3 Item 3 Staff Report City Council Staff Report Report Type: CONSENT CALENDAR CITY O F Lead Department: City Clerk PALO a LTO Meeting Date: August 5, 2024 Report #:2406-3189 TITLE Approval of Minutes from June 17, 2024 and June 18, 2024 Meetings RECOMMENDATION That the minutes be reviewed and approved. ATTACHMENTS Attachment A: June 17, 2024 Draft Action Minutes Attachment B: June 18, 2024 Draft Action Minutes APPROVED BY: Mahealani Ah Yun Item 3: Staff Report Pg. 1 Packet Pg. 8 of 554 Item 3 Attachment A - June 17, 2024 Draft Action CITY COUNCIL Minutes CITY Or PALO ALTO DRAFT ACTION MINUTES Special Meeting June 17, 2024 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 4:00 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Council Member Tanaka Arrived at 5:30 P.M. Present Remotely: Absent: ecial Orders of the Da 1. Proclamation June 2024 as LGBTQIA+ Pride Month NO ACTION 2. Proclamations Recognizing Departing Boards and Commissions Commissioners NO ACTION 3. Review List of Applications for Historic Resources Board Vacancies and Provide Direction for Interviews The Council selected the following candidates to interview for the Historic Resources Board: • Barry Katz: Burt, Kou, Lauing, Lythcott Haims, Stone, Tanaka, Veenker • Caroline Willis: Kou, Lauing, Stone, Veenker • Geddes Ulinskas: Burt, Kou, Lauing, Lythcott Haims, Stone, Tanaka, Veenker • Zachary Pozner: Burt, Lythcott Haims, Tanaka Page 1 of 11 Item 3: Staff Report Pg. 2 Packet Pg. 9 of 554 Item 3 Attachment A - June 17, DRAFT ACTION MI N UT 2024 Draft Action Minutes Closed Session 4. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Subject: Eric Figueroa, et al. v. City of Palo Alto Santa Clara County Superior Court Case No. 21 -CV -383740 (One Case, as Defendant) Authority: Government Code Section 54956.9(d)(1) MOTION: Council Member Lythcott-Haims moved, seconded by Mayor Stone to go into Closed Session. MOTION PASSED: 6-0-1, Tanaka absent Council went into Closed Session at 4:35 P.M. Council returned from Closed Session at 6:28 P.M. Mayor Stone announced no reportable action. Agenda Changes, Additions and Deletions Public Comment Council Member Questions, Comments and Announcements Consent Calendar Council Member Kou requested to pull Agenda Item Number 15. Council Member Kou registered a no vote on Agenda Item Number 15. Council Member Tanaka registered a no vote on Agenda Item Number 9, 11, 17, 19, 23, 24. MOTION: Council Member Lythcott-Haims moved, seconded by Vice Mayor Lauing to approve Agenda Item Numbers 5-26, AA1. MOTION PASSED ITEM 15: 6-1, Kou no MOTION PASSED ITEMS 9, 11, 17, 19, 23, 24: 6-1, Tanaka no MOTION PASSED ITEMS 5-8, 10, 12-14, 16, 18, 20-22, 25, 26, AA1: 7-0 Page 2 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Item 3: Staff Report Pg. 3 Packet Pg. 10 of 554 Item 3 Attachment A -June 17, DRAFT ACTION M I N UT 2024 Draft Action Minutes 5. Adoption of Fiscal Year 2025 Investment Policy as Recommended by the Finance Committee 6. Utilities Advisory Commission Recommends Adoption of the 2024 Annual Water Shortage Assessment Report 7. CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 411 Kipling Street From a Category 4 Resource on the Local Historic Inventory to a Category 2 Resource. 8. CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 271 University Avenue From a Category 3 Resource on the Local Historic Inventory to a Category 2 Resource. 9. Approval of Construction Contract C24190748 with Ross Recreation Equipment Company Inc. in the Amount of $305,600 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not -to -Exceed Amount of $30,600 for the Ramos Park Improvements, Capital Improvement Program Project PG -14000; CEQA Status —Exempt Under CEQA Guidelines Section 15301 10. QUASI-JUDICIAL. 420 Acacia: Final Map and Street Naming [24PLN-00027]: Request for a Final Map to Subdivide a 35,573 Square Foot Parcel Having Split Zoning Designations (R- 1 and RM-30) for Condominium Purposes (16 Residential Units). Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In -fill Development). 11. Approval of Contract Amendment Number 1 to Contract C24189570 with Downtown Streets Team in the Amount of $548,958 to Combine Contracts to Increase Operational Efficiency for a Revised Total Not -to -Exceed Amount of $1.1 Million Over Three Years CEQA Status: Not a Project 12. Approval of Construction Contract Number C24190081 with Marina Landscape, Inc. in the Amount Not -to -exceed $338,459 for Dog Park Installation and Renovation Project PG - 18001; and Authorization of Contract Contingency in an Amount Not -to -Exceed $50,769 for Related, Additional but Unforeseen Work Which May Develop During the Project; and Amend the FY2024 Budget in the Capital Improvement Fund (2/3 vote required); CEQA status — categorically exempt. 13. Approval of Contract Amendment Number 1 to Contract Number S24189598 with Good City Company in the Amount of $18,120 for a Stream Corridor Protection Ordinance Update; the Total not -to -exceed Amount of the Contract is $92,293. CEQA Status: Exempt Pursuant to CEQA Guidelines 15061(b)(3). 14. Authorization for the Mayor to sign a 3 -Year Friendship Cities Agreement with Narok, Kenya Page 3 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Item 3: Staff Report Pg. 4 Packet Pg. 11 of 554 Item 3 Attachment A - June 17, DRAFT ACTION MI N UT 2024 Draft Action Minutes 15. Approval of a Funding Agreement with Federal Railroad Administration to Receive $6 Million for the Preliminary Engineering and Environmental Documentation Phase for the Grade Separation Projects at Churchill Avenue, Meadow Drive, and Charleston Road crossings. CEQA status — statutorily exempt per CEQA section 15262; this funding agreement will partially fund CEQA/NEPA review of the grade separation projects. 16. Adopt a Resolution to Allow Consumption of Alcohol under PAMC section 9.04.010 on California Avenue in Conjunction with the 3rd Thursday Event 17. Approval of 1) Increase of Construction Contingency for Contract No. C21178123B with Swinerton Builders in the Amount of $1,000,000; 2) Contract Amendment No. 4 for Contract No. S20176170 with Romig Engineers, Inc. in the Amount of $21,786 and to Extend the Contract Term; 3) Increase of Contingency for Purchase Order with Pivot Interiors Inc. in the Amount of $23,440; and 4) Authorization for the City Manager to Execute a General Services Contract for Moving Services in an Amount of up to $250,000 for the New Public Safety Building Capital Project (PE -15001); CEQA - Environmental Impact Report for the New Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772) 18. Approval of Contracts with US Bank and its Wholly Owned Subsidiary Elavon for General Banking, Safekeeping (Custodial), and Merchant Services for a Period of Five Years; and Approval of Contract with Wells Fargo for Lockbox Services for a Period of One Year; CEQA Status: Not a Project. 19. Authorization for the City Manager or Designee to Negotiate and Execute a Line of Credit totaling $31 Million to Address Regional Wastewater Treatment Fund Cashflow as Recommended by the Finance Committee; CEQA Status — Not a Project 20. Resolution to Vacate Portions of Three Public Service Easements at 1700 Embarcadero Road 21. Approval of an Extension to Building Permit 18000-00536 for 429 University Ave; CEQA status — Mitigated Negative Declaration (ENV20718). 22. SECOND READING: Adoption of an Ordinance extending the Term of Ordinance No. 5517 by an Additional 12 Months from June 16, 2024 to June 30, 2025. Ordinance 5517 Amends Title 18 (Zoning) of the Palo Alto Municipal Code to Update Definitions, Broaden Permitted Uses and Provide Limits on Certain Uses through Updates to the Conditional Use Permit Thresholds. Environmental Review: CEQA Exemption 15061(b)(3) (FIRST READING: June 3, 2024 PASSED 7-0) 23. SECOND READING: Ordinance Amending Chapter 16.14 (California Green Building Standards, California Code of Regulations, Title 24, Part 11) of the Palo Alto Municipal Code to Adopt the 2022 Green Building Standards Code, Along With Local Modifications Related to Electrical Vehicle Charging Infrastructure Requirements and Building Page 4 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Item 3: Staff Report Pg. 5 Packet Pg. 12 of 554 Item 3 Attachment A - June 17, DRAFT ACTION MI N UT 2024 Draft Action Minutes Electrification Requirements and an Ordinance Amending Chapter 16.17 (California Energy Code, California Code of Regulations, Title 24, Part 6) of the Palo Alto Municipal Code to Adopt the 2022 California Energy Code, Along with Local Modifications to Increase Energy Efficiency Standards for Buildings, Mandate Electric -Ready Requirements and Incentivize All -Electric New Construction. CEQA Status: Exempt under CEQA Guidelines Sections 15308 and 15061(b)(3) (FIRST READING: June 3, 2024 PASSED 6-1, Tanaka no and 7-0) 24. Adoption of a Resolution Approving an Initial Study/Mitigated Negative Declaration for Citywide Implementation of Fiber -to -the -Premises Project (FTTP), Including the Mitigation, Monitoring and Reporting Program; Approval of Purchase Order No. 4524000496 With Thermo Bond Buildings in an Amount Not to Exceed of $339,076 for the Design, Build and Delivery of a Modular Building "Fiber Hut"; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount Not -to -Exceed of $31,384 for Related Additional but Unforeseen Work That may Develop During the Project, for a Total Not -to -Exceed Amount of $370,460 with Thermo Bond Buildings. 25. Approval of a Professional Services Contract Number C24188127 with Telecommunications Engineering Associates (TEA) in an Amount Not to Exceed $834,882 for Public Safety Radio Network Maintenance and Construction for a Period of Five (5) Years; CEQA Status: Not a Project 26. Approval of Assignment and Assumption Agreement to transfer Baker Tilly US LLP's contract to Baker Tilly Advisory Group, LP; CEQA — Not a Project 27. , Inc (Lcnslock) for rcplaccmcnt of exceed $1,128,225; and (2) Police Audio Video Technology Suryeillance Use Policy• CEQA status — categorically exempt. Item Removed Off Agenda and Placed on June 18, 2024 City Council Meeting. AA1. Adopt an Ordinance and Resolution Extending the Interim Parklet Program to the Car - Free Portion of Ramona Street through March 2025; CEQA status - categorically exempt New Item added City Manager Comments Ed Shikada, City Manager Item 3: Staff Report Pg. 6 Page 5 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Packet Pg. 13 of 554 Item 3 Attachment A - June 17, DRAFT ACTION MI N UT 2024 Draft Action Minutes Artinn Itemc 28. PUBLIC HEARING: Adoption of Budget Ordinance for Fiscal Year 2025, Including the Operating and Capital Budgets and Municipal Fee Schedule; Adoption of a Resolution determining the Appropriations Limit for Fiscal Year 2025; Acceptance of Updates to the Retiree Healthcare Actuarial Report; and Approval of Contributions for Retiree Healthcare Benefits Council Member Veenker recused herself from certain Stanford -related elements of the budget, outlined in Attachment C of the report. MOTION: Council Member Lythcott-Haims moved, seconded by Vice Mayor Lauing to approve the Stanford related items of the FY 2025 Budget as outlined in Attachment C of the Staff Report. MOTION PASSED: 5-1-1, Tanaka no, Veenker recused MOTION: Vice Mayor Lauing moved, seconded by Mayor Stone to call the question. MOTION PASSED: 6-1, Tanaka no MOTION: Council Member Veenker moved, seconded by Mayor Stone to: 1. Adopt the Fiscal Year 2025 Budget Ordinance (Attachment A), which includes: a. City Manager's Fiscal Year 2025 Proposed Operating and Capital Budgets, previously distributed at the May 6 City Council Meeting (Attachment A, Exhibit 1) i. Amend the Fiscal Year 2025 Budget Appropriation for the General Fund (requires a 2/3 vote) by: A. Increasing expense appropriation for Human Services Resource Allocation Process (HSRAP) in the Community Services Department in the amount of $58,000; and B. Decreasing the Uncertainty Reserve by $58,000. b. Amendments to the City Manager's Fiscal Year 2025 Proposed Operating Budget (Attachment A, Exhibit 2) c. Amendments to the City Manager's Fiscal Year 2025 Proposed Capital Budget (Attachment A, Exhibit 3) Page 6 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Item 3: Staff Report Pg. 7 Packet Pg. 14 of 554 Item 3 Attachment A -June 17, DRAFT ACTION M I N UT 2024 Draft Action Minutes d. Fiscal Year 2025 City Table of Organization (Attachment A, Exhibit 4); and e. Fiscal Year 2025 Municipal Fee Changes (Attachment A, Exhibit 5) including Impact and In -Lieu Fees (Exhibit 6) 2. Accept the Fiscal Year 2025 - 2029 Capital Improvement Plan 3. Adopt a Resolution determining the Appropriations Limit for Fiscal Year 2025 (Attachment B) 4. Accept the June 30, 2023 biennial actuarial valuation of Palo Alto's Retiree Healthcare Plan and approve funding of the Actuarial Determined Calculation (ADC) for Fiscal Year 2025 and Fiscal Year 2026 with a two-year phase -in of the adjusted assumptions using the staff recommended funding level of $19.4 million and affirm the continued practice of transmitting amounts at a lower 5.75 percent discount rate as an additional discretionary payment to the City's California Employers' Retiree Benefit Trust (CERBT) Fund (Attachment D) MOTION PASSED: 6-1, Tanaka no 29. PUBLIC HEARING & PROPOSITION 218 HEARING: Finance Committee Recommends Adoption of Six Resolutions: 1) Approving the Fiscal Year 2025 Wastewater Collection Utility Financial Plan, Including Approval of a Short -Term Loan From the Fiber Optics Fund Reserve to the Wastewater Collection Fund Operations Reserve for Fiscal Year 2024, and Amending Wastewater Collection Rate Schedules S-1, S-2, S-6 and S-7; 2) Approving the Fiscal Year 2025 Water Utility Financial Plan, and Amending Water Rate Schedules W-1, W-2, W-3, W-4, and W-7; 3) Approving the Fiscal Year 2025 Gas Utility Financial Plan, and Amending Gas Rate Schedules G-1, G-2, G-3 and G-10; 4) Approving the Fiscal Year 2025 Electric Utility Financial Plan and Accepting the 2024 City of Palo Alto Electric Cost of Service and Rate Study, and Amending Electric Rate Schedules E-1, E-2, E-4, E-4 TOU, E-7, E-7 TOU, E-14, E -EEC -1, E-NSE-1, E -2-G, E -4-G and E -7-G; 5) Amending Utility Rate Schedules EDF-1 and EDF-2 to Increase Dark Fiber Rates 2.6 Percent; 6) Amending Utility Rate Schedule D-1 Increasing the Storm Water Management Fee by 2.6 Percent per Month per Equivalent Residential Unit for FY 2025; CEQA Status: Not a project under CEQA Guidelines Sections 15378(b)(4) and (5) and Exempt Under Section 15273(a) MOTION: Vice Mayor Lauing moved, seconded by Council Member Burt to adopt the following: 1. For the Wastewater Collection Utility, a Resolution (Attachment A): a. Approving the Wastewater Collection Utility Financial Plan for Fiscal Year (FY) 2025, including approval of a short-term loan from the Fiber Optics Fund Reserve to the Wastewater Collection Fund Operations Reserve not to exceed $3,000,000 Page 7 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Item 3: Staff Report Pg. 8 Packet Pg. 15 of 554 Item 3 Attachment A -June 17, DRAFT ACTION M I N UT 2024 Draft Action Minutes 2 3 4 for FY 2024; Amend the Fiscal Year 2024 Budget Appropriation Ordinance: In the Wastewater Collection Fund: i. Increase the Transfer In from the Fiber Optics Fund by $3.0 million ii. Increase the Ending Fund Balance by $3.0 million; and b. Amending the following Wastewater Collection Utility Rate Schedules to reflect increases effective July 1, 2024 (FY 2025): i. S-1 (Residential Wastewater Collection and Disposal), ii. S-2 (Commercial Wastewater Collection and Disposal), iii. S-6 (Restaurant Wastewater Collection and Disposal), and iv. S-7 (Commercial Wastewater Collection and Disposal — Industrial Discharger); For the Water Utility, a Resolution (Attachment B): a. Approving the FY 2025 Water Utility Financial Plan; and b. Amending the following Water Rate Schedules to reflect increases effective July 1, 2024 (FY 2025): i. W-1 (General Residential Water service), ii. W-2 (Water Service from Fire Hydrants), iii. W- 3 (Fire Service Connections), iv. W-4 (Residential Master -Metered and General Non- Residential Water Service), and v. W-7 (Non -Residential Irrigation Water Service); For the Gas Utility, a Resolution (Attachment C): a. Approving the Gas Utility Financial Plan FY 2025, which includes amending the Gas Utility Reserve Management Practices; and b. Amending Gas Utility Rate Schedules FY 2025 to reflect increases effective July 1, 2024 (FY 2025): i. G-1 Residential Gas Service, ii. G-2 Residential Master -Metered and Commercial Gas Service, iii. G-3 Large Commercial Gas Service, and G-10 Compressed Natural Gas Service); and c. Transferring up to 14.5% of gas utility gross revenues received during FY 2023 to the General Fund in FY 2025. For the Electric Utility, a Resolution (Attachment D): a. Accepting the 2024 City of Palo Alto Electric Cost of Service and Rate Study; b. Approving the Electric Utility Financial Plan FY 2025, which includes the following actions: i. Amending the Electric Utility Reserves Management Practices, to direct staff to transfer to the CIP reserve, at the end of each fiscal year, any budgeted capital investment that remains unspent, uncommitted, and which is not proposed for reappropriation to the following fiscal year and to clarify how the Cap and Trade Program Reserve is adjusted each year. ii. Approving the following transfers at the end of FY 2024: Page 8 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Item 3: Staff Report Pg. 9 Packet Pg. 16 of 554 Item 3 Attachment A -June 17, DRAFT ACTION M I N UT 2024 Draft Action Minutes 1. Up to $20 million from the Electric Special Projects Reserve to the Supply Operations Reserve; 2. 2. Up to $17 million from the Supply Operations Reserve to the Hydroelectric Stabilization Reserve; 3. Up to $58 million from the Supply Operations Reserve to the Distribution Operations Reserve; and iii. Approving the following transfers in FY 2025: 1. Up to $26 million from the Distribution Operations Reserve to the Supply Operations Reserve; 2. Up to $30 million from the Supply Operations Reserve to the Electric Special Projects Reserve; and 3. Up to $5 million from the Distribution Operations Reserve to the CIP Reserve; c. Amending the following Electric Utility Rate Schedules effective July 1, 2024 (FY 2025): i. E-1 (Residential Electric Service), E-2 (Small Non -Residential Electric Service), E-4 (Medium Non -Residential Electric Service), E-4 TOU (Medium Non -Residential Time of Use Electric Service), E-7 (Large Non -Residential Electric Service), E-7 TOU (Large Non -Residential Time of Use Electric Service) and E-14 (Street Lights), each by varying percentages depending on rate schedule and consumption with an overall revenue increase of 0.5% effective July 1, 2024; ii. Decreasing the Net Surplus Electricity Compensation (E-NSE-1) rate to reflect 2023 avoided cost, effective July 1, 2024; and iii. Decreasing the Export Electricity Compensation (E -EEC -1) rate to reflect current projections of FY 2025 avoided cost, effective July 1, 2024; iv. Updating the Residential Master -Metered and Small Non -Residential Green Power Electric Service (E -2-G), the Medium Non -Residential Green Power Electric Service (E -4-G), and the Large Non -Residential Green Power Electric Service (E 7 G) rate schedules to reflect modified distribution and commodity components, effective July 1, 2024. 5. A Resolution (Attachment E) Amend the Fiscal Year 2024 Budget Appropriation Ordinance: In the Fiber Optics Fund: i. Increase the Transfer Out to the Wastewater Collection Fund by 3.0 million ii. Decrease the Ending Fund Balance by $3.0 million; and amending Fiber Optic Utility Rate Schedules EDF-1 and EDF-2 to increase Dark Fiber Rates 2.6 percent effective July 1, 2024, consistent with the applicable Consumer Price Index; 6. A Resolution (Attachment F) amending Storm Water Management Fee Rate Schedule D- 1 to increase the Storm Water Management Fee by 2.6 percent effective July 1, 2024, consistent with the applicable Consumer Price Index. MOTION PASSED: 6-1, Tanaka no Page 9 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Item 3: Staff Report Pg. 10 Packet Pg. 17 of 554 Item 3 Attachment A -June 17, DRAFT ACTION M I N UT 2024 Draft Action Minutes 30. Approve Retention of the Current Western Area Power Administration (WAPA) Hydroelectricity Base Resource Contract Allocation From 2025-2030; CEQA Status: Not a Project. MOTION: Council Member Burt moved, seconded by Council Member Veenker to keep the City of Palo Alto's full share of its allocated hydroelectric resource under the current hydroelectricity supply contract, the 2025 Base Resource Contract from Sierra Nevada Region of the Western Area Power Administration (2025 WAPA Contract), as approved by Council in February of 2021 (Staff Report #116791). Note: No action from City Council is required to remain in the contract at the current resource allocation percentage (12.06299%). Staff will revisit project financial impact in 2029 and make a recommendation for the period of 2030 through 2034. The decision to reduce the contract allocation or terminate the contract will be revisited every five years until the last termination opportunity in 2049. MOTION PASSED: 7-0 31. Discussion Regarding Caltrans' Repaving Project on El Camino Real Replacing Existing Parking with Bicycle Lanes, Authority for Staff to Make Adjustments to the Residential Preferential Parking Permit Programs and Return to Council on Consent if Needed, Authority for Staff to Enter into Agreements As Needed to Provide Temporary Safe Parking Along the Corridor in Palo Alto, and Approval of a Resolution Supporting the Removal of On -Street Parking for this Project; CEQA status — categorically exempt. Item continued to June 18, 2024 Special City Council Meeting. Adjournment: The meeting was adjourned at 11:18 P.M. Item 3: Staff Report Pg. 11 Page 10 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Packet Pg. 18 of 554 Item 3 Attachment A -June 17, DRAFT ACTION M I N UT 2024 Draft Action Minutes ATTEST: APPROVED: City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City's website. Item 3: Staff Report Pg. 12 Page 11 of 11 Sp. City Council Meeting Draft Action Minutes: 06/17/2024 Packet Pg. 19 of 554 Item 3 Attachment B - June 18, 2024 Draft Action CITY COUNCIL Minutes CITY Or PALO ALTO DRAFT ACTION MINUTES Special Meeting June 18, 2024 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 4:00 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Council Member Tanaka Arrived at 6:38 P.M. Present Remotely: Absent: Agenda Changes, Additions and Deletions Action Items AA4. Discussion Regarding Caltrans' Repaving Project on El Camino Real Replacing Existing Parking with Bicycle Lanes, Authority for Staff to Make Adjustments to the Residential Preferential Parking Permit Programs and Return to Council on Consent if Needed, Authority for Staff to Enter into Agreements As Needed to Provide Temporary Safe Parking Along the Corridor in Palo Alto, and Approval of a Resolution Supporting the Removal of On -Street Parking for this Project; CEQA status — categorically exempt. Item Continued from June 17, 2024 City Council Meeting, Presentation Limited Public Testimony on portions of this Agenda Item may be taken at the discretion of the Council at the June 18th City Council Meeting. June 17, 2024 original report and material for this item can be found here* (Agenda Item Number 31). On June 17th the Council Received Public Testimony; the Item Was Continued to June 18 for further Council Deliberation and Action. https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=14311 MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to: A. Authorize the City Manager or their designee to direct staff to make necessary adjustments to the RPP Programs and return to Council, Page 1 of 7 Item 3: Staff Report Pg. 13 Packet Pg. 20 of 554 Item 3 Attachment B - June 18, DRAFT ACTION MI N UT 2024 Draft Action Minutes B. Authorize the City Manager or their designee to enter into agreements as needed to provide temporary safe parking for those currently along the project corridor in Palo Alto, and C. Approve a resolution supporting the removal of on -street parking for this project. Conditions to include: 1. Transmittal of the Fehr & Peers review memo and the joint City and VTA memo (Attachments A & D) to Caltrans with a request that Caltrans respond to requested changes 2. Development of a new Maintenance and Liability Agreement with Caltrans for the bikeway project 3. A Caltrans commitment to expediting encroachment permits on El Camino Real 4. Caltrans provision of tentative and final project timelines, when available, for public notification efforts 5. Parking mitigation plan: Adjustments to the RPP program with outreach to the business and neighborhood stakeholders, provision of the VTA smart passes through PATMA for workers, restrictions on short-term parking locations expanded on side streets immediately adjacent to El Camino, a program to relocate RV dwellers and provide bike racks 6. Continue to work with VTA and Caltrans to pilot bus stops designs installation 7. Monitor and measure mode shift and collision outcomes MOTION PASSED: 5-1-1, Kou no, Tanaka absent MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to: 8. City -proposed locations in Attachment E for additional No Right Turn on Red restrictions MOTION PASSED: 6-0-1, Tanaka absent Public Comment Council Member Questions. Comments and Announcements Item 3: Staff Report Pg. 14 Page 2 of 7 Sp. City Council Meeting Draft Action Minutes: 06/18/2024 Packet Pg. 21 of 554 Item 3 Attachment B - June 18, DRAFT ACTION MI N UT 2024 Draft Action Minutes Study Session 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 Item Removed Off Agenda Consent Calendar MOTION: Council Member Burt moved, seconded by Council Member Veenker to approve Agenda Item Numbers 2-8, AA1, AA2. MOTION PASSED: 6-0-1, Tanaka absent 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 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. Page 3 of 7 Sp. City Council Meeting Draft Action Minutes: 06/18/2024 Item 3: Staff Report Pg. 15 Packet Pg. 22 of 554 Item 3 Attachment B - June 18, DRAFT ACTION MI N UT 2024 Draft Action Minutes 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 AA1. Approval of (1) Professional Services Contract No. C24187724 with LensLock, Inc in Amount Not to Exceed $1,181,400 for Replacement of the Police Public Contact Audio/Video System for a Period of Five (5) Years; (2) Police Audio/Video Technology Surveillance Use Policy; and (3) Approve a Budget Amendment in the Supplemental Law Enforcement Services Fund and Capital Improvement Fund (2/3 vote required); CEQA status — not a project AA2. Recommend City Council Approval of Various Task Orders with Baker Tilly for Internal Audit Services 1) Extend deadline for FY 2024 Task Orders Task 1: Citywide Risk Assessment, Task 2: Preparation of Annual Audit Plan, Task 3: Selection of External Financial Auditor and Annual Audit Coordination, 2) Execute New FY 2025 Task 5: Preparation of Quarterly Reports, Annual Status Reports, Provision of City Hotline and Other Ongoing Office Administrative Functions, and 3) Amend the budget for FY 2024 Task Orders as Recommended by the Policy & Services Committee; CEQA Status — Not a Project. City Manager Comments Ed Shikada, City Manager Action Items 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. MOTION: Council Member Kou moved, seconded by Mayor Stone to: 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 Item 3: Staff Report Pg. 16 Page 4 of 7 Sp. City Council Meeting Draft Action Minutes: 06/18/2024 Packet Pg. 23 of 554 Item 3 Attachment B - June 18, DRAFT ACTION M I N UT 2024 Draft Action Minutes 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 MOTION PASSED: 7-0 10. 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. MOTION: Council Member Veenker moved, seconded by Council Member Kou to: 1. Return on the August 5, 2024 City Council Meeting 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 with the following: a. Consider whether any trees can be preserved on Los Robles; and, b. Whether a surface treatment on the pavement can reduce heat island concerns; and, Page 5 of 7 Sp. City Council Meeting Draft Action Minutes: 06/18/2024 Item 3: Staff Report Pg. 17 Packet Pg. 24 of 554 Item 3 Attachment B - June 18, DRAFT ACTION MI N UT 2024 Draft Action Minutes c. Whether larger trees or additional trees can be planted on the Mobile Home Park; and, d. All reasonable efforts to resolve disputes standing in the way of housing decisions; and, e. Whether color choices may be returned to the resident preference; and, f. Pursue a Palo Alto worker resident preference. MOTION PASSED: 7-0 11. PUBLIC HEARING: Adoption of a Resolution Implementing the North Ventura Coordinated Arca Plan (NVCAP), Amcnding thc City's Comprehensive Plan and Certifying thc Supplemental Environmental Impact Rcport, Including a Statcmcnt of Overriding Considcrations; and FIRST READING: an Ordinancc Adding Chaptcr 13.29 and Amcnding Chaptcrs 13.14, 13.24, and 16.65 in thc Palo Alto Municipal Codc as Well as Amcndmcnts to thc Zoning District Map, and Rczoning of Parccls Within thc NVCAP arca. CEQA Status Supplcmcntal Environmcntal Impact °cport SCH ff2023020691. Item Removed Off Agenda and Deferred to August 5, 2024 City Council Meeting. AA3. Selection of Rail Grade Separation Alternatives for Churchill Avenue, Meadow Drive, and Charleston Road Crossings for the Advancement of the Alternatives into the Preliminary Engineering and Environmental Documentation phase; CEQA status — statutorily exempt under CEQA section 15262 (feasibility and planning study) (Item Continued from June 10, 2024) New Item added — Limited Public Testimony on portions of this Agenda Item may be taken at the discretion of the Council at the Junel8th City Council Meeting. June 10, 2024 original report and material for this item can be found here* (Agenda Item Number 13). On June 10th the Council Received Presentations and Public Testimony; the Item Was Continued to June 18 for further Council Deliberation and Action. h ttps://cityofpaloalto. prime gov. com/Portal/Meeting?meetingTemplateld=14305 SUBSTITUTE MOTION: Council Member Kou, seconded by Council Member Tanaka to advance the hybrid and trench alternatives for Meadow Drive and Charleston Road into the preliminary engineering and environmental documentation phase. SUBSTITUTE MOTION FAILED: 2-5, Lauing, Veenker, Burt, Lythcott-Haims, Stone no Item 3: Staff Report Pg. 18 Page 6 of 7 Sp. City Council Meeting Draft Action Minutes: 06/18/2024 Packet Pg. 25 of 554 Item 3 Attachment B - June 18, DRAFT ACTION M I N UT 2024 Draft Action Minutes MOTION: Vice Mayor Lauing moved, seconded by Council Member Burt to advance the hybrid (including a mixed wall/column approach) and underpass alternatives for Meadow Drive and Charleston Road into the preliminary engineering and environmental documentation phase. MOTION PASSED: 4-3, Kou, Lythcott-Haims, Tanaka Adjournment: The meeting was adjourned at 10:41 P.M. ATTEST: City Clerk APPROVED: Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City's website. Item 3: Staff Report Pg. 19 Page 7 of 7 Sp. City Council Meeting Draft Action Minutes: 06/18/2024 Packet Pg. 26 of 554 Item 4 Item 4 Staff Report City Council Staff Report From: City Attorney CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: City Attorney ALTO Meeting Date: August 5, 2024 Report #:2407-3268 TITLE Authorization to Execute an Amendment to Legal Services Contract S22183520 with Liebert Cassidy Whitmore to Increase Amount by $150,000 for Total Not -to -Exceed Amount of $320,000 and to Extend the Term; CEQA Status — Not a Project. RECOMMENDATION Authorize the City Attorney or designee to amend the agreement for litigation defense services with the law firm of Liebert Cassidy Whitmore (Contract S22183520) to increase the contract amount by $150,000 for a total not -to -exceed amount of $320,000 and to extend the contract term to December 31, 2024. BACKGROUND Liebert Cassidy Whitmore is a law firm representing cities in a variety of areas, including labor and employment law. In August 2021, the City entered into a three-year agreement (S22183520) in the amount of $85,000 with Liebert Cassidy Whitmore for litigation defense services in the civil suit Figueroa, et al. v. City of Palo Alto, et al., Santa Clara Co. Sup. Ct. Case No. 21 -CV -383740. In January and April 2024 staff amended the contract to increase the not -to -exceed amount to $170,000. Staff now seeks authority to increase the contract amount by $150,000 which will bring the new not -to -exceed amount to $320,000. Staff also seeks authority to extend the contract term to December 31, 2024. Litigation defense is continuing in this matter. FISCAL/RESOURCE IMPACT Funding for this amendment does not require additional budgetary authority as it can be accommodated within existing funding allocated to the City Attorney's Office as part of the FY 2025 Adopted Operating Budget. Item 4: Staff Report Pg. 1 Packet Pg. 27 of 554 Item 4 Item 4 Staff Report STAKEHOLDER ENGAGEMENT The City Attorneys Office works closely with the City Manager and department personnel on litigation matters. ENVIRONMENTAL REVIEW Amendment of a legal services contract is not a project requiring environmental review under the California Environmental Quality Act (CEQA) (See CEQA Guidelines 15378(b)(5), administrative activities that will not result in direct or indirect physical changes in the environment). APPROVED BY: Molly Stump, City Attorney Item 4: Staff Report Pg. 2 Packet Pg. 28 of 554 Item 5 Item 5 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Planning and Development Services ALTO Meeting Date: August 5, 2024 Report #:2407-3239 TITLE PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5 -acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61 -unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. 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 all of the following actions: 1. Consider the project exempt from CEQA in accordance with CEQA Guidelines Section 15332 (Infill development); 2. Approve the Streamlined Housing Development Review application to develop a 61 - unit apartment building pursuant to the findings and subject to conditions of approval set forth in Attachment B; 3. Approve the associated Vesting Tentative Map application pursuant to findings and subject to conditions of approval set forth in Attachment B; and 4. Authorize the City Manager to execute the amended regulatory agreements and related documents in Attachment D. EXECUTIVE SUMMARY 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). On April 30, 2024, SCCHA submitted a separate, associated, Vesting Tentative Map application to subdivide the existing lot into two parcels. The apartment building would be developed on one of the resulting parcels, while the second lot would be rehabilitated with 44 mobiles homes. Rehabilitation of the mobile homes Item 5: Staff Report Pg. 1 Packet Pg. 29 of 554 Item 5 Item 5 Staff Report 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).' The project plans are included in Attachment G and the proposed Regulatory Agreements as well as the Termination Agreement for the existing Regulatory Agreement are included in Attachment C. On June 18, 2024, Council reviewed the proposed Streamlined Housing Development review application and proposed amendments to the regulatory agreement.2 Council provided feedback on these actions. This report summarizes modifications that were made in response to that direction. Additionally, this report includes information on the Vesting Tentative Map application, which has been incorporated into the proposed actions and which was not discussed in the previous Council report. It also includes a link to the documentation supporting a Class 32 (infill development) exemption in accordance with the California Environmental Quality Act (CEQA), which was not yet available prior to the last hearing. On July 10, 2024 the Planning and Transportation Commission unanimously recommended approval of the Vesting Tentative Map application. SCCHA must submit an application for tax credit funding in August, following Council approval. This funding is critical for the project. In order to be competitive for this funding, which is critical to the project financing, completion of the entitlements is needed prior to the tax credit application submittal. Upon review of this report, if the Council wishes to further discuss the report and to remove this item from the Consent Calendar, it will be scheduled for action on August 12, 2024 in order to keep to the funding application deadline. BACKGROUND Additional background information on the project is provided in the June 18, 2024 Council report. On June 18, Council directed staff to return to Council in August 2024, following the 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- reportscmrs/year-a rchive/2017/staff-report-8493-buena-vista-mou-amend ment.pdf 2 June 18, 2024 City Council Meeting Staff Report https://cityofpaloaIto.primegov.com/meetings/ItemWithTemplateType?id=4918&meetingTemplateType=2&comp iledMeetingDocumentld=10522 Item 5: Staff Report Pg. 2 Packet Pg. 30 of 554 Item 5 Item 5 Staff Report completion of the environmental analysis, for a decision on the proposed Buena Vista redevelopment project, and consideration of the following: 1. Whether any trees can be preserved on Los Robles Avenue; 2. Whether a surface treatment on the pavement can reduce heat island concerns; 3. Whether larger trees or additional trees can be planted in the Mobile Home Park; 4. Whether color choices may be returned to the resident preference; 5. Pursue a Palo Alto worker resident preference; and 6. That all reasonable efforts to resolve disputes should be made to resolve disputes standing in the way of housing decisions. The analysis section of this report summarizes SCCHA's response and modifications to the plans in accordance with Council's direction. Planning and Transportation Commission Recommendation The Vesting Tentative Map application associated with the proposed redevelopment requires a recommendation from the Planning and Transportation Commission (PTC) and Council approval. The PTC reviewed the Vesting Tentative Map on July 10, 2024, and unanimously recommended approval of the map based on findings and subject to conditions of approval set forth in the Record of Land Use Action. 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 square feet building (0.89:1 Floor area ratio). Seventy-nine (79) parking stalls and one car loading space would be provided in accordance with code requirements. Attachment A includes a location map showing the zoning designation of the site and surrounding areas. A location map is included in Attachment A. The project description and justification of requested concessions and waivers is included in Attachment F and Attachment G shows the project plans for this development. On April 30, 2024, SCCHA submitted the application for a Vesting Tentative Map (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 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 Item 5: Staff Report Pg. 3 Packet Pg. 31 of 554 Item 5 Item 5 Staff Report affordable to households earning 50% AMI and the remaining 20% would be provided at a rate affordable to households earning 80% AM1.3,4 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. 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. The project plans in Attachment G have been reviewed and recommended for approval by all relevant City departments; draft conditions of approval have been incorporated into the draft Record of Land Use Action (Attachment B). Overall, staff finds that the project conforms to plans, policies and guidelines relevant to the proposed project or otherwise requests concessions and waivers in accordance with state regulations. An analysis of consistency with the Comprehensive Plan, zoning, state density bonus regulations for the proposed SHD application is included in the previous staff report to Council. This report focuses on the SCCHA's responses to Council's direction from June 18, 2024 and provides additional information related to the subdivision map application, which was not summarized in the previous report. The documentation to support a categorical exemption is also complete and a link to this documentation has been provided in Attachment G. onses to Council Direction SCCHA considered modifications to the plans and took actions in response to Council's direction, as summarized herein. In some cases, SCCHA considered tradeoffs and presents a preferred option based on these tradeoffs. However, in its discretion, the Council may choose to explore these considerations further in a public hearing, which would be scheduled for August 12, 2024. Tree Preservation Along Los Robles Avenue An existing Valley Water easement runs along the project frontage on Los Robles Avenue and prohibits planting new trees within the easement. New tree plantings cannot be provided along this portion of the frontage without removing common open space area and/or mobile homes from the mobile home portion of the site. Council therefore asked the SCCHA to further 3 Income limits are based on annual published limits from HCD 4 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 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 5: Staff Report Pg. 4 Packet Pg. 32 of 554 Item 5 Item 5 Staff Report evaluate whether any of the existing trees could be preserved in order to retain greenery along this frontage. SCCHA identified the trees along this frontage for removal due to impacts associated with utility trenching and the proposed sidewalk. Although sidewalks are not typical in the Barron Park neighborhood, a sidewalk is provided along this frontage to align with the existing conditions on either side of the property and across the street along Los Robles Avenue. Additionally, the sidewalk provides an ADA accessible path to transit to accommodate residents with mobility issues. This is a current issue that was raised by residents at the park. Through evaluation of the trees and the tradeoffs in response to the Council direction, the SCCHA determined that a total of five trees along the project frontage could be retained through revisions in the design; however, in evaluating the costs, likelihood of survival and other considerations raised by stakeholders, two of these five trees are now shown on the plan for retention. Specifically, two on -site trees along the project frontage could be retained with revisions to the sidewalk design around the trees. Revisions to the design to accommodate these two trees would result in the loss of two parking spaces within the right-of-way and add approximately $12,500 in cost. Although the protection of these two trees results in a minor increase in cost for the project and the loss of two parking spaces, staff and the SCCHA determined that these revisions were reasonable and feasible to help address competing concerns to retain mature trees where feasible. The other three trees are street trees. The three street trees (trees 22-24) are located on top of a City sewer line just outside the Valley Water easement and were identified as being in poor health. Revisions to the design to retain these trees would cost approximately $20,000 and would result in the loss of an additional five street parking spaces. Parking at Buena Vista has always been a resident priority and providing these new street parking spaces in addition to the on -site spaces was a way to ease concerns. Given the current health of the street trees, the City's arborist believes that the trees may not withstand the work within their tree protection zone even if the project is designed around them. Due to the utility lines running below the tree, which limits growth options and soil volume beneath the tree, it is unlikely that the health of these trees would improve over time. Therefore, in weighing this understanding with increased project costs and loss of parking spaces the plans have not been revised to retain these three trees. Increasing the Tree Canopy The project plans have been updated with several modifications to the arborist report and landscaping plan. In reviewing the plans in more detail following the Council hearing, it was determined that several of the trees that were identified as being removed from the site were not actually planted at the site; rather they were in resident owned planter boxes and were Item 5: Staff Report Pg. 5 Packet Pg. 33 of 554 Item 5 Item 5 Staff Report identified for removal as they were being removed by the residents themselves during the relocation period. The arborist report was therefore revised to only reflect trees that are planted at- or surrounding the site. The total number of trees planned for removal at the site (or along the frontage) is 43. To meet the City's requirements across the entire site, 122 total 24 -inch box trees are required to be planted to replace the canopy of these 43 trees. The plans show that 130 total 24 -inch box trees would be planted across the site (net increase of 87), exceeding the code requirements and the City's no net loss of canopy policy. Council asked the SCCHA to consider whether additional trees could be planted on the mobile home portion of the site. In response to this request, the landscape architect and the SCCHA reviewed the plans again. Although in most cases trees had already been proposed wherever they could feasibly be planted, the plans have been revised to add one additional tree in the mobile home portion of the site. Two trees that were originally planned for removal will also now be preserved along the frontage, as noted above. The project plans in Attachment G now show a planting plan for the mobile home portion of the site. The SCCHA also considered whether larger trees could be planted or revisions to the proposed species may result in better shading. The landscape architect indicated that the tree planting sizes and species that were proposed were selected based on their professional opinion on the tree size and species that would be best suited for the growing conditions of that space and therefore most likely to establish quickly and grow well. This took into account considerations such as soil volume as well as the proposed tree's location with respect to adjacent utilities and planned structures. In response to a comment raised during the last hearing, the SCCHA also explored adding a tree in the center of the ingress/egress aisle and having the vehicular aisles go around it. However, this option was not feasible because the aisles either serve as emergency vehicle access and cannot have trees in them or are too narrow to allow for two-way traffic and a tree planting area in the middle. The SCCHA also indicated that they anticipate mobile home residents will plant on their new lots. Each individual mobile home lot includes pervious area intended for planting by residents. Reducing Heat Island Effect Council requested consideration of treatments to the surface pavement to reduce the heat island effect, which at least one member of the public noted to be a concern currently at the site. The SCCHA stated that pavement treatments would be prohibitively expensive, anticipating that it would add over $500,000 to the project cost. However, the proposed site design reduces the amount of impervious area compared to existing conditions (186,732 sf of impervious surface currently is being reduced to 159,679 sf), which also reduces the heat island effect. Pervious areas (e.g., planting and biotreatment areas) and new trees are more evenly distributed across the site and improve the canopy over paved areas, which will reduce the heat island effect. Additionally, the new mobile home units and Item 5: Staff Report Pg. 6 Packet Pg. 34 of 554 Item 5 Item 5 Staff Report apartment complex will have cool roofs, as required in accordance with green building code requirements, which require the roofs of structures to meet the minimum solar reflectance and thermal emittance efficiencies or solar reflectance index requirements. These new green building code standards will be met for the proposed project, thus further reducing the heat island effect. Plan Set Sheet A0.16 in Attachment G includes a graphic showing the proposed impervious areas reductions, improved tree canopy, and cool roof areas. Reinstating Resident Color Preference In response to Council direction, the SCCHA revised the apartment building color palette to be more consistent with the residents' selected preference, as shown in the plan set in Attachment G. Pursuing Palo Alto Preference The SCCHA explored the Code of Federal Regulations, relevant case law, and relevant regulations to determine whether a Palo Alto live/work preference for Buena Vista is allowable. It was determined that due to federal funding on the project, the Department of Housing and Urban Development would require a disparate impact study to be completed in order to determine whether this language could be added to the regulatory agreement. This study could not be fully completed prior to this hearing; therefore, the following tentative language has been added to the regulatory agreement. Prior to executing and recording the regulatory agreement, a disparate impact study would be prepared and, if allowable, this language would remain in Section 7.3 of the regulatory agreement: Preference for Palo Alto Residents and Employees. In order to ensure that there is an adequate supply of affordable housing within the City of Palo Alto for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Project, Owner shall give a preference in the rental of the residential units in the [Apartment Project] [Redeveloped Park] to Eligible Households that include at least one member who lives or works in the City of Palo Alto. Notwithstanding the foregoing, in the event of a conflict between this provision and rules and regulations applicable to the [Apartment Project] [Redeveloped Park], the provisions of such rules and regulations shall control, including, if applicable, any prohibition of preferences for units receiving Section 8 assistance. Owner shall comply with City's affirmative marketing policies or other rental policies and procedures as they may be amended from time to time to ensure that City residents and people who work in the City of Palo Alto are provided reasonable notice and opportunity to rent units in the Project. Item 5: Staff Report Pg. 7 Packet Pg. 35 of 554 Item 5 Item 5 Staff Report Making Reasonable Efforts Resolving Disputes Impeding Housing Decisions The SCCHA has engaged with residents to resolve disputes involving housing decisions in a number of ways, including: • Reconsidering options and looking for ways to equitably meet residents' preferences and requests; • Providing updated appraised values to all owners as well as reviewing and considering appraisals that owners obtain from other appraisers; • Investing in regular multichannel communication, consisting of five large townhall meetings with Spanish translation services), in -person individual meetings with each household where 3rd parties were welcomed (e.g., Law Foundation representative, local pastor, relatives), small workshops on specific topics (e.g., the below -market -rate program, appraisals, the relocation plan, and the annual inspection process), five Q&A documents, holding 16 different open office hours at Buena Vista, and having an "open door" policy with many emails and phone calls with residents; and • Considering each of the main reasons households do not make a housing selection and meeting with the specific households as well as providing parkwide communication and/or responses in writing to the household on a specific topic. The SCCHA shared with staff that since the June 18 City Council Study Session, the following progress has been made to provide clear information to Buena Vista residents: • Final offers, along with updated appraisals have been prepared in both English and Spanish and will be sent out on July 26, 2024 and are expected to be delivered to households by July 29, 2024. Preparation of these packages included, among other efforts, a third -party review • The SCCHA will begin scheduling one-on-one meetings as soon as residents receive these packages. By the August 5th Council meeting, the SCCHA's relocation consultant has committed to meeting with as many households as they can to review their offers. This includes targeted outreach to the 23 undecided households. • Additionally, SCCHA has contacted a third party and is waiting to confirm their ability to support residents of Buena Vista with communication related to disputes standing in the way of decisions. SCCHA has noted that there are four main reasons some households have not made a housing selection. These include: 1. Wanting larger financial offers, 2. Wanting larger units/more bedrooms, 3. Wanting to split up a single household into multiple households occupying several dwelling units; and 4. Disagreement within the household on the decision and/or wanting to wait until required to make a decision in writing. Item 5: Staff Report Pg. 8 Packet Pg. 36 of 554 Item 5 Item 5 Staff Report Additional Information: Larger Financial Offers: The SCCHA is limited in its ability to offer more than the appraised fair market value for a home. The offer needs to be based on an appraisal to ensure equitable treatment of all residents. Offering larger financial offers for certain homes and not others is unfair to the balance of the residents who have accepted their offers based on the appraisals. Efforts to respond to this have also included: • Hosting a workshop explaining how the appraisals are done (methodology, use of comparables, etc.) and how, as a government agency, SCCHA is required to use a third - party appraisal to ensure just compensation and fairness. • Considered resident appraisals when provided. Larger Units: The SCCHA reports that households are counting spaces as bedrooms that are not actual bedrooms in form or function (e.g., hallways and closets) or are adding bedrooms to their units after the initial housing options have been presented. It must treat households equitably and cannot provide some households with larger units without providing other households the same opportunity. Another constraint to providing larger units is cost. On average, each additional bedroom adds about $100,000 to each home's purchase price, for which the SCCHA notes it has no additional funding. On a related note, relocation law requires the SCCHA to provide comparable replacement housing. Its program is fully in compliance and in many areas exceeds requirements. The SCCHA efforts to respond to this have also included: • Touring units to confirm square footage and bedroom count. • Providing data that shows in many cases new units will have more square footage than current units. On average families are receiving more square footage: o 1 -bedroom households on average are receiving 66 more square feet. o 2 -bedroom households on average are receiving 247 more square feet. o 3 -bedroom households on average are receiving 279 more square feet. • Providing the opportunity, relating to certain requests for reasonable accommodation, for a household to receive a larger unit in the apartment building (e.g., a 2 -bedroom owner converting to a 3 -bedroom renter). Splitting into Multiple Households: The SCCHA has remained open to exploring splitting households into multiple new homes because there are several multi -generational households that would like to have grandparents or extended family reside in their own unit. However, the SCCHA did an analysis of all households who have an adult member of the household who is not the head -of -household plus an assumed spouse or partner. The analysis found that the number of extra adults in each household exceeded the number of apartments available. Therefore, a program for splitting households could not be developed fairly. Each household will have the option to apply for a new apartment when they become available although the SCCHA has noted that due to Fair Housing Law, the new household would need to participate in a lottery with other future applicants. The SCCHA efforts to respond to this have also included: Item 5: Staff Report Pg. 9 Packet Pg. 37 of 554 Item 5 Item 5 Staff Report • Explaining how providing additional units for split households is not possible, given the site constraints and the number of households who find themselves in similar situations. • Encouraging residents to apply for vacant apartments once complete. Decision Disagreement or Delay: The SCCHA has remained in contact with and offered additional support and information to households experiencing internal disagreements or waiting until required to make a decision in writing. Additionally, the SCCHA reports they have urged these households to reconcile their differences, make an informed and balanced decision and to put their decision in writing. Overall, the SCCHA has communicated their efforts to resolve these outstanding concerns. These efforts have included outreach to each household to encourage dialogue and trust building as well as to acknowledge their outstanding issue. In each case, the SCCHA has provided detailed explanations and documentation as to why the housing offer cannot be revised both verbally and in written communications. As of the writing of this staff report, the SCCHA continues to meet with residents on their final individual housing plans, to either affirm housing decisions or assist undecided households in selecting their decisions. The SCCHA expects additional housing decisions to be made as households are presented with their final individual housing plans and offers of compensation. Vesting Tentative Map A previous report to the Planning and Transportation Commission summarizes the consistency of the proposed subdivision map with the Comprehensive Plan and municipal code requirements. A copy of that report without attachments is included in Attachment E and the full report is available online.5 The PTC unanimously recommended approval of the Vesting Tentative Map on July 10, 2024. The findings and conditions for approval of the map are included in the draft Record of Land Use Action in Attachment B. As noted in staff's presentation during the previous Council hearing, the plans have been revised to reflect the main drive aisle as an ingress/egress easement versus a private street. Because private streets are deducted from the net lot area, the net lot area used for the purposes of calculating floor area ratio has now increased. Accordingly, the requested concession for additional floor area decreased from 1.0:1 to 0.89:1. FISCAL/RESOURCE IMPACT As noted in prior reports, in June 2016, Council authorized expenditure of $14.5 million in affordable housing funds to support the SCCHA's acquisition of the Buena Vista Mobile Home 5 July 10, 2024 City Council Meeting Staff Report file:///S:/PLAN/PLADIV/Current%20Planning/0%20- %20Application%20Types%20and%20Approvals/Housing%20- %20Streamlined%20Projects/2024/3980%20E1%20Cam ino%20Rea1/2024-0710%20PTC%20hearing/ptc-7.10- public-agenda.pdf Item 5: Staff Report Pg. 10 Packet Pg. 38 of 554 Item 5 Item 5 Staff Report Park for deed -restricted affordable housing. The redeveloped Buena Vista 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 SCCHA is continuing to work on the financing plan and funding applications for the apartment building and applied for Preservation & Reinvestment Initiative for Community Enhancement funds in June and intends to submit an application for tax credits in late August. In order to be competitive for tax credits, entitlements for the project must be complete. 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. Staff is presenting this report for Council approval at this time to help the SCCHA meet their funding deadline. The additional items requested by Council in June 2024 do not result in funding requests for the City though some have added costs to the SCCHA project budget. STAKEHOLDER ENGAGEMENT As detailed in prior reports, community engagement has included workshops, tours, newsletters FAQS, website updates, and community -building events. Additionally, resident engagement has had a direct influence on design of the redevelopment. Public Comments Previous comments on the project were summarized in the Council staff report. At the Council hearing in June 2024, four members of the public provided additional comments on the proposed project. Key comments from these four commenters included: • One resident who lived on site encouraged changing the design to be exclusively rental • The owner of the property across Los Robles requested access driveway be moved to a different location • One resident raised a question of a conflict of interest from an individual councilmember and asked for additional protections to ensure that the mobile homes are not removed • One resident spoke on behalf of a group of herself and five other residents expressing support for the project, asking for a Palo Alto live work preference, asked for more trees, expressed disappointment that the color palette did not reflect the resident's preference, stated that street naming is important. She also questioned the hard deadline for declaring a choice and about transport during relocation. Council's disclosures and discussion on June 18, 2024 touched on the comments raised during the public comment period and Council's motion reflected a request for further consideration of trees, the color palette, a Palo Alto live work preference, and further outreach efforts related to relocation choices accordingly. Item 5: Staff Report Pg. 11 Packet Pg. 39 of 554 Item 5 Item 5 Staff Report Valley Water Given the existing infrastructure and easement along the project frontage, Valley Water is an important stakeholder in this project as well. Staff has discussed the proposed plans with Valley Water as they relate to work within their easement. Ultimately, refinements to the utility laterals across their easement may be needed at the building permit stage. As a condition of approval, the City's waste -gas -water division will require potholing to confirm the in -field, as - built conditions of the infrastructure. This pre -construction work will require an encroachment permit from Valley Water. The results of the potholing will better inform the final design of the laterals, which will need to comply with Valley Water's requirements. As outlined in the planning conditions of approval, an encroachment permit from Valley Water is required prior to any temporary or permanent work within their easement, including all above and below grade work. ENVIRONMENTAL REVIEW The project has been assessed in accordance with the Authority and the criteria of the California Environmental Quality Act. Specifically, the City, acting as the lead agency, finds the project to be exempt from CEQA in accordance with CEQA Guidelines Section 15332, which provides an exemption for infill development. Documentation to support the class 32 exemption is provided in Attachment G. The CEQA analysis considers the whole of the action, including the subdivision and redevelopment of both resulting parcels. Because this project involves federal programs, it must also be evaluated under the National Environmental Policy Act (NEPA). The City is serving as the Responsible Entity (RE) for NEPA in accordance with federal requirements. 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 being prepared in accordance with NEPA and is required to be complete prior to the release of any federal funds for the project. NEPA is not required for approval of planning entitlements. ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: 2017 Regulatory Agreement Attachment D: Proposed Regulatory Agreements and Termination Agreement for Existing Regulatory Agreement Attachment E: Staff Report to Planning and Transportation Commission for Subdivision Map Attachment F: Project Description and Waiver Justification Attachment G: Project Plans and Environmental APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 5: Staff Report Pg. 12 Packet Pg. 40 of 554 chodgki, 2024-02-20 08:1849 only of best available sources. (\\ccmaps\EncompaenAdmin\Pereoaal\Planniag.mdb) Item 5: Staff Report Pg. 13 Packet Pg. 41 of 554 9e9 to 2016 city of Palo Alto Item 5 Attachment B - Draft Record of Land Use Action Final for Staff ACTION NO. 2024- Report 2024-0703 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, 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 (future coverage of 47% where 50% is required) • Waiver 5: Reduction in Street Trees (none provided along the mobile home project frontage [due to Valley Water easement restrictions] where one per every 30 feet is required. B. On April 30, 2024, SCCHA applied for a Vesting Tentative Map for the development to subdivide one (1) existing 4.5 -acre lot into two parcels (1.69 -acres and 2.81 acres). The 61 -unit apartment complex would be developed on the resulting 1.69 -acre parcel; the 2.81 -acre parcel would be redeveloped with 44 mobile home units, which would be processed through the state ("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 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 14 Packet Pg. 42 of 554 residential uses abut the site to the north Item 5 Attachment B - Draft Record of Land Use Action Final for Staff Multi -family residential units ab Report 20240703 west, and across Los Robles Avenue to the South. Commercial uses abut the site to the east along El Camino Real. 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 for the streamlined housing development review application. F. Following the Architectural Review Board hearing, the applicant resubmitted revised plans for the streamlined housing development review application 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 hearing, 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 Council staff report 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 15 Packet Pg. 43 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff (Staff report ID # ) except where waivers or concessions are request Report 20240703 to 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 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 How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use The project adheres to the Comprehensive designation for the site is Multi -family Plan by providing multi -family housing on a Residential which allows for densities ranging multi -family use site. The proposed density is from 8 to 40 units per acre 36 units per acre which is consistent with this comprehensive plan land use designation. Housing 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 Desian Element Policy L-2.8: When considering infill development, work to minimize the displacement of existing residents 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 the amount of 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. The project is an infill project. A full relocation plan has been presented to all tenants and creates options for ownership or rental. The project replaces more units than it removes. 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 greenery along the frontage. 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 16 Packet Pg. 44 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand. 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 Policy T-3.7 Encourage pedestrian -friendly design features such as sidewalks, street trees, on -street parking, gathering spaces, gardens, outdoor furniture, art and interesting architectural details. Policy T-3.9 Support citywide sustainability efforts by preserving and enhancing the tree canopy where feasible within the public right-of-way, consistent with the Urban Forest Management Plan, as amended. Report 2024-0703 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. The project includes direct connections to the sidewalk that help to activate the frontage along Los Robles Avenue in addition to new street trees and plantings. The project meets the tree canopy replacement requirements through on site planting. The project includes removal of two trees and replaces with 24 new trees where 7 24 -inch box 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: 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 17 Packet Pg. 45 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff 1. That the proposed map is not consistent with applicable general an Report 2024-0703 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 61 -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 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 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 18 Packet Pg. 46 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff (e.g. curb cut location, turning radius, etc.) have been met as well as to en Report 2024 0703 t 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. 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 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 19 Packet Pg. 47 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff maintained along the frontage and any temporary or permanent improve Report 2024 0703 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 "Vesting Tentative Map For a Two Lot Subdivision," consisting of three pages, stamped as received July 1, 2024, except as modified to incorporate the conditions of approval in Section 8. 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]). 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 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 20 Packet Pg. 48 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff line between the project and single-family residential uses shall be pla Report2924-0703 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 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 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 21 Packet Pg. 49 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff (National Park Service 1983) shall be contacted immediately to evalua Report 2024 0703 ind 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 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. STANDARD REQUIREMENTS FOR PM10 AND PM2.5 EMISSIONS. The following conditions shall be implemented during all phases of construction to control dust and exhaust at the project site in compliance with the Comprehensive Plan Policy N-5.5: • Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day. • Cover all haul trucks transporting soil, sand, and other loose material off -site. • Remove all visible mud or dirt track out onto adjacent public roads at least once per day using wet power vacuum street sweepers. The use of dry power sweeping is prohibited. • Limit all vehicle speeds on unpaved roads to 15 miles per hour. • Pave all new roadways, driveways, and sidewalks as soon as possible. • Lay building pads as soon as possible after grading unless seeding or soil binders are used. • Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 miles per hour. 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 22 Packet Pg. 50 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff • Wash off all trucks and equipment, including their tires, prior Report 2024 0703 • Post a publicly visible sign with the name and phone number of an on -site construction coordinator to contact regarding dust complaints. The on -site construction coordinator shall respond and take corrective action within 48 hours. The sign shall also provide the City's Code Enforcement Complaints email and number and the Air District's General Air Pollution Complaints number to ensure compliance with applicable regulations. 15. CONSTRUCTION EQUIPMENT. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 Final emission standards for particulate matter (PM10 and PM2.5), if feasible. If Tier 4 Final equipment is not available for a particular piece of equipment, then use equipment that meets U.S. EPA emission standards for Tier 3 engines and include PM emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve an 80 percent reduction in PM exhaust in comparison to uncontrolled equipment. 16. VIBRATION ANALYSIS. Prior to issuance of a demolition permit, a list of all heavy construction equipment to be used for this project known to produce high vibration levels (e.g., tracked vehicles, vibratory compaction, jackhammers, hoe rams, clam shovel drop, and vibratory roller, 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. • Smaller equipment (less than 18,000 pounds) shall be used near the property lines adjacent to sensitive buildings to minimize vibration levels to 0.3 in/sec PPV or less. For example, a smaller vibratory roller similar to a Caterpillar model CP433E vibratory compactor could be used when compacting materials within 20 feet of the adjacent conventional building. The smaller equipment intended to implement this requirement shall be individually identified among the list of equipment required under the above condition as the subset of equipment allowed for use at the property lines. • Select demolition methods that do not involve large impact tools such as hoe - rams within 20 feet of the adjacent conventional building. Portable jackhammers, saws, or grinders shall be used to minimize impacts to the ground. • Avoid dropping heavy equipment and use alternative methods for breaking up existing pavement, such as a pavement grinder, instead of dropping heavy objects, within 20 feet of the adjacent conventional building. • Designate a Disturbance Coordinator responsible for registering and investigating claims of excessive vibration. The contact information for the responsible party shall be clearly posted on the construction site. 17. TREE CANOPY REPLACEMENT. Replacement of the tree canopy for the two trees proposed 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 23 Packet Pg. 51 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff to be removed is required in accordance with Chapter 8 of the mu Report 2024 0703 City's Tree Technical Manual. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 24 Packet Pg. 52 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff City for its actual attorneys' fees and costs incurred in defense of th Report 2024-0703 lty may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PUBLIC WORKS ENGINEERING 25. 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 26. 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. 27. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 28. 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 or similar: "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." 29. ROUGH GRADING. provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc. 30. CIVIL ENGINEER CERTIFICATION. Upon completion of the rough grading work and at the final completion of the work, applicant shall provide an as -graded grading plan prepared by the civil engineer that includes original ground surface elevations, as -graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan. 31. SOILS ENGINEER CERTIFICATION. Upon completion of the rough grading work and at the final completion of the work, applicant shall provide a soil grading report prepared by the 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 25 Packet Pg. 53 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff soils engineer, including locations and elevation of field density tests, s Report 2024-0703 and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use. 32. 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". 33. SWPPP. This proposed development will disturb more than one acre of land. Accordingly, the applicant shall apply for coverage under the State Water Resources Control Board's (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post -development project design features and temporary measures employed during construction. 34. 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. 35. 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. 36. STORMWATER POLLUTION PREVENTION. All improvement plan sets shall include the "Pollution Prevention — It's Part of the Plan" sheet. 37. 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. 38. SUBMIT THE FOLLOWING: Stamped and signed C.3 data form (April 2023 version) from SCVURPPP. 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 26 Packet Pg. 54 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff https://scvu rppp.org/wp-content/uploads/2023/04/SCVU RPPP-C.3 Report 2024-0703 updated_4-12-2023_clean_fiIlable.pdf b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 39. 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. 40. 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.16. 41. EXISTING EASEMENTS: Provide documentation showing approval from the entities affected by the onsite easements to verify that the work within said easements is permitted. 42. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is required to paint "No Dumping/Flows to Barron Creek" in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. WASTE -GAS -WATER UTILITIES The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, or Encroachment Permit: 43. The applicant must pothole and submit profiles of the water & fire services and wastewater lateral installations crossing the existing 66" storm line meeting the California Plumbing Code, CPAU WGW design standards, and Santa Clara Valley Water District (SCVWD) design standards to SCVWD for review and approval. SCVWD approved design must be provided to CPAU WGW Engineering prior to submittal for any building, grading, or street permits (except permits for exploratory potholing). Design changes to the proposed city water/fire/irrigation services and/or sewer laterals and/or the onsite water and sewer system and/or off-site/on-site grading may be required based on the in -field, as built conditions of Valley Water infrastructure. 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 27 Packet Pg. 55 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff Report 2024-0703 PRIOR TO ISSUANCE OF DEMOLITION PERMIT (if required) 44. The applicant shall submit a request to disconnect utility services and remove meters. The utilities demo to be processed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. The existing water meter boxes and boxes for city clean -outs must be protected in place until the services are disconnected at the mains during the new service installations. FOR BUILDING PERMIT 45. The applicant shall submit a completed water -gas -wastewater service connection application - load sheet for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 46. The applicant shall 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, 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. 47. 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). 48. 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 49. 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. 50. 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 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 28 Packet Pg. 56 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff Palo Alto Utilities to comply with requirements of California adminis Report 2024-0703 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City owned meter, within 5' (feet) of the property line or City Right of Way. 51. 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. 52. 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. 53. All existing water, gas. and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 54. 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. 55. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for fire system including all fire department's requirements prior to the actual service installation. 56. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater. PUBLIC WORKS ELECTRIC UTILITIES 57. 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. 58. 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. 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 29 Packet Pg. 57 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff Report 2024-0703 59. 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. 60. 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. 61. 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. 62. 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. 63. 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. PUBLIC WORKS ZERO WASTE 64. 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. 65. 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. 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 30 Packet Pg. 58 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff 66. SOURCE SEPARATION FOR RECYCLING. The applicant shall source sep Report2024-0703 ion 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 67. 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 68. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall be revised to reflect the following: a. Include quantities of each tree species in the planting schedule with a corresponding abbreviation of the species which can be found on the planting plan. b. The final species selection during Building permit phase must maximize the canopy by replacing the proposed Acer rubrum columnar with a non - fastigiate tree species. 69. MWELO COMPLIANCE. As part of the building permit, provide the proposed square footage of the rehabilitated landscape to determine if the project requires a MWELO compliance review. Please see the document titled "Model Water Efficient Landscape Ordinance (MWELO) Compliance Submittals and Guidelines" (https://cityofpaloalto.org/civicax/filebank/documents/76159) to determine if the project qualifies for MWELO Review. If a MWELO review is required, please follow the instructions in the above document when submitting your permit application and plan set. DURING CONSTRUCTION 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 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 31 Packet Pg. 59 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff preference, with manual hand shovel as a backup. For utility trenching, ne, 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. 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. 65. 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. 66. 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. 67. NO NET LOSS OF CANOPY. In order to comply with the city's no net loss of canopy policy (Urban Forest Master Plan: Goals 6.A, 6.B & 6.C & Comprehensive Plan Natural Environment Chapter: Goal N-2 and others) all trees 4" DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are determined by table 3-1 in the Tree Technical Manual (Section 3.20.C). New landscape tree plantings (24" box or larger) count towards the replacement total. Screening trees may also count toward the total depending on size and species selected. If unable to plant the required number of trees on site (our preferred solution) there is the option of paying in -lieu fees of $650 per each 24" box tree into the forestry fund. 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 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 32 Packet Pg. 60 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff replaced or failed automatic irrigation repaired by the current propert Report 2024-0703 days of discovery. SECTION 8. Conditions of Approval Vesting Tentative Map. PLANNING 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. 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. 3. 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 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 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 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 33 Packet Pg. 61 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff placing, maintaining, constructing, or planting any improvements, I Report 2024-0703 e 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. 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. 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. 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 34 Packet Pg. 62 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff Report 2024-0703 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 ENGINEERING 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- anrl-Permits 10. 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. 11. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 12. 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." 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 35 Packet Pg. 63 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff Report 2024-0703 13. 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". 14. SWPPP. If the proposed development will disturb more than one acre of land. The applicant shall apply for coverage under the State Water Resources Control Board's (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post - development project design features and temporary measures employed during construction. 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. 17. STORM WATER POLLUTION PREVENTION. All improvement plan sets shall include the "Pollution Prevention — It's Part of the Plan" sheet. 18. 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. Submit the following: 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- updated 4-12-2023 clean fillable.pdf b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 0160150 kb2 20240724_ay Item 5: Staff Report Pg. 36 Packet Pg. 64 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff 19. C.3 STORMWATER AGREEMENT. The applicant shall enter into a Storm Report 2024-0703 e 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. 20. 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. 21. IMPERVIOUS SURFACE AREA. The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 22. EXISTING EASEMENTS. Provide documentation showing approval from the entities (such as Valley Water) affected by the onsite easements to verify that the work within said easements is permitted. 23. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO). The applicant is required to paint "No Dumping/Flows Creek" in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. 24. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (RECORD DRAWINGS). At the conclusion of the project applicant shall provide digital as-built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest. SECTION 9. Terms of 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 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 37 Packet Pg. 65 of 554 Item 5 Attachment B - Draft Record of Land Use Action Final for Staff shall terminate. An extension of time may be granted by the city coun Report 2024-0703 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. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PLANS AND DRAWINGS REFERENCED: APPROVED: Mayor APPROVED AS TO CONTENT: 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 July 19, 2024. Those plans prepared by Sandis Engineers titled "Vesting Tentative Map for a Two Lot Subdivision" consisting of three pages, dated July 2024 and submitted July 1, 2024. 0160150 kb2 20240724 ay Item 5: Staff Report Pg. 38 Packet Pg. 66 of 554 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 5 23766007 Attach201 Regulatory Agreement Regina Alcomendras Santa Clara County - Clerk -Recorder 09/29/2017 03:39 PM Titles: 2 Pages: 25 Fees: $0.00 Taxes: $0.00 Total: $0.00 1111 I E'1X�I� '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 5: Staff Report Pg. 39 Packet Pg. 67 of 554 d: 1 0131201 7 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 5: Staff Report Pg. 40 Packet Pg. 68 of 554 d: 1 0131201 7 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 5: Staff Report Pg. 41 Packet Pg. 69 of 554 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 AMl ("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 5: Staff Report Pg. 42 Packet Pg. 70 of 554 d: 1 0131201 7 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 5: Staff Report Pg. 43 Packet Pg. 71 of 554 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 5: Staff Report Pg. 44 Packet Pg. 72 of 554 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 5: Staff Report Pg. 45 Packet Pg. 73 of 554 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 5: Staff Report Pg. 46 Packet Pg. 74 of 554 : 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 of 25 Attachment C - 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 5: Staff Report Pg. 47 Packet Pg. 75 of 554 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 0 of 25 Attachment C - 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 5: Staff Report Pg. 48 Packet Pg. 76 of 554 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 1 of 25 Attachment C - 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 1.1. Non -Order Search Item 5: Staff Report Pg. 49 Packet Pg. 77 of 554 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 120f25 25 Attachment C - 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 5: Staff Report Pg. 50 Packet Pg. 78 of 554 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 3 of 25 Attachment C - 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 5: Staff Report Pg. 51 Packet Pg. 79 of 554 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 4 of 25 Attachment C - 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 5: Staff Report Pg. 52 Packet Pg. 80 of 554 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 5 of 25 Attachment C - 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 5: Staff Report Pg. 53 Packet Pg. 81 of 554 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 6 of 25 Attachment C - 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 5: Staff Report Pg. 54 Packet Pg. 82 of 554 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 7 Of 25 Attachment C - 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 5: Staff Report Pg. 55 Packet Pg. 83 of 554 d: 101312017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 8 °f 25 Attachment C - 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 5: Staff Report Pg. 56 Packet Pg. 84 of 554 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 19Of25 25 Attachment C - 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 eplity: 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 5: Staff Report Pg. 57 Packet Pg. 85 of 554 d: 1 0131201 7 2:27 PM Doc: CASCLR:23766007 DOC Item 5 b of 25 Attachment C - 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 5: Staff Report Pg. 58 Packet Pg. 86 of 554 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 1 of 25 Attachment C - 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. 02152559 z N04ry Public• California �e Santa Clara Count Camrr+. es 1 2020 19 Non -Order Search Item 5: Staff Report Pg. 59 Packet Pg. 87 of 554 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 2 of 25 Attachment C - 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, 14 y1'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, 2133685 _NOTARY PUBLIC - CALIFORNIA w SANTA CLARA COUNTY w ) Y COMM, EXPIRES NOV.12, 2019 19 Non -Order Search Item 5: Staff Report Pg. 60 Packet Pg. 88 of 554 d: 10/3/2017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 3 of 25 Attachment C - 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 5: Staff Report Pg. 61 Packet Pg. 89 of 554 d: 10/312017 2:27 PM Doc: CASCLR:23766007 DOC Item 5 4 of 25 Attachment C - 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 5: Staff Report Pg. 62 Packet Pg. 90 of 554 d: 10/3/2017 2:27 PM 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 APN: Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement Space above this line for Recorder's use. 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 5: Staff Report Pg. 63 Packet Pg. 91 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination This Affordable Housing Regulatory Agreement and Declarati Agreement for Existing Covenants (Redeveloped Park) (this "Agreement") is entered into e Regulatory Agreement , 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 5: Staff Report Pg. 64 Packet Pg. 92 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination NOW THEREFORE, in consideration of the foregoing, and of Agreement for Existing consideration, the receipt and sufficiency of which are hereby ackno RegulatoryAgreement 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 5: Staff Report Pg. 65 Packet Pg. 93 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination rules and regulations that apply pursuant to financing provided for de Agreement for Existing operation of the Property or the Redeveloped Park. Regulatory Agreement "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 5: Staff Report Pg. 66 Packet Pg. 94 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination "MRL" means the Mobilehome Residency Law, California Civi Agreement for Existing 98 et seq, and related regulations, as amended or its successor. Regulatory Agreement "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 5: Staff Report Pg. 67 Packet Pg. 95 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination 2.3 Other Restrictions. Notwithstanding anything to the cor Agreement for Existing n this Agreement, if lenders, investors, or regulatory agencies require Regulatory Agreement 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 5: Staff Report Pg. 68 Packet Pg. 96 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Household members receives assistance from either of such agenci Agreement for Existing the last 12 months of child support payments, if any, (v) if anyone in Regulatory Agreement 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 5: Staff Report Pg. 69 Packet Pg. 97 of 554 5. Relocation. Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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 5: Staff Report Pg. 70 Packet Pg. 98 of 554 6.4 Retention and Inspection of Documents. Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement (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 5: Staff Report Pg. 71 Packet Pg. 99 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination of subdivision (p) of Section 12955, and Section 12955.2 of the Gov Agreement for Existing the sale, lease, sublease, transfer, use, occupancy, tenure or enjoy Regulatory Agreement rty 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. 7.3 Preference for Palo Alto Residents and Employees. In order to ensure that there is an adequate supply of affordable housing within the City of Palo Alto for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Project, Owner shall give a preference in the rental of the residential units in the [Apartment Project] [Redeveloped Park] to Eligible Households that include at least one member who lives or works in the City of Palo Alto. Notwithstanding the foregoing, in the event of a conflict between this provision and rules and regulations applicable to the [Apartment Project] [Redeveloped Park], the provisions of such rules and regulations shall control, including, if applicable, any prohibition of preferences for units receiving Section 8 assistance. Owner shall comply with City's affirmative marketing policies or other rental policies and procedures as they may be amended from time to time to ensure that City residents and people who work in the City of Palo Alto are provided reasonable notice and opportunity to rent units in the Project. 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. 10 Item 5: Staff Report Pg. 72 Packet Pg. 100 of 554 9. Indemnification Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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 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 11 Item 5: Staff Report Pg. 73 Packet Pg. 101 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement; provided, however, the execution and recordation of suc Agreement for Existing not be necessary or a prerequisite to the termination of this Agreeme ReguiatoryAgreement 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 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 12 Item 5: Staff Report Pg. 74 Packet Pg. 102 of 554 connection with such sale the Fee Property will not be required to 1 affordable housing, the Parties shall cause an amount equal to: a) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement J 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 13 Item 5: Staff Report Pg. 75 Packet Pg. 103 of 554 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: County of Santa Clara Office of Supportive Housing 3180 Newberry Drive, Suite 150 San Jose, CA 95118 Attention: Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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 14 Item 5: Staff Report Pg. 76 Packet Pg. 104 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Court of Santa Clara County, California or in the Federal District Coul Agreement for Existing District of California. Regulatory Agreement , 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. 15 Item 5: Staff Report Pg. 77 Packet Pg. 105 of 554 IN WITNESS WHEREOF, the Parties have executed this Affo Regulatory Agreement and Declaration of Restrictive Covenants as written above. CITY: CITY OF PALO ALTO, a municipal corporation By: Print Name: Title: Attest: City Clerk Approved as to form: City Attorney COUNTY: Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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 16 Item 5: Staff Report Pg. 78 Packet Pg. 106 of 554 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) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) 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 5: Staff Report Pg. 79 Packet Pg. 107 of 554 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) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) 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) Item 5: Staff Report Pg. 80 Packet Pg. 108 of 554 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) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) 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) 19 Item 5: Staff Report Pg. 81 Packet Pg. 109 of 554 Fxhihit A PROPERTY Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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.] 20 Item 5: Staff Report Pg. 82 Packet Pg. 110 of 554 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 APN: Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement Space above this line for Recorder's use. 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 5: Staff Report Pg. 83 Packet Pg. 111 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination This Affordable Housing Regulatory Agreement and Declarati Agreement for Existing Covenants (Apartments) (this "Agreement") is entered into effective Regulatory Agreement 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 "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. Item 5: Staff Report Pg. 84 Packet Pg. 112 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination NOW THEREFORE, in consideration of the foregoing, and otil Agreement for Existing consideration, the receipt and sufficiency of which are hereby ackno Regulatory Agreement 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 5: Staff Report Pg. 85 Packet Pg. 113 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Department of Housing and Urban Development ("HUD") pursuant to Agreement for Existing United States Housing Act of 1937 and as published from time to time RegulatoryAgreement 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 5: Staff Report Pg. 86 Packet Pg. 114 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Restricted Units shall be restricted for occupancy at Affordable Rent Agreement for Existing Households. When Dwelling Units becomes vacant, they shall be re Regulatory Agreement 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 5: Staff Report Pg. 87 Packet Pg. 115 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination written notice in accordance with Section 2.9 of this Agreement, Ow Agreement for Existing le rent charged to such household to up to fair market rent; provided ho Regulatory Agreement nt 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 5: Staff Report Pg. 88 Packet Pg. 116 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination accordance with Section 2.9 of this Agreement, Owner may adjust th Agreement for Existing such household to up to fair market rent. Regulatory Agreement 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 5: Staff Report Pg. 89 Packet Pg. 117 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Income of the Resident Household, (f) the lease commencement dati Agreement for Existing rent, utility, and other charges payable for the Dwelling Unit, and (h) RegulatoryAgreement t 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 5: Staff Report Pg. 90 Packet Pg. 118 of 554 7.2 Non -Discrimination: Compliance with Fair Housin Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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. 7.3 Preference for Palo Alto Residents and Emolovees. In order to ensure that there is an adequate supply of affordable housing within the City of Palo Alto for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Project, Owner shall give a preference in the rental of the residential units in the [Apartment Project] [Redeveloped Park] to Eligible Households that include at least one member who lives or works in the City of Palo Alto. Notwithstanding the foregoing, in the event of a conflict between this provision and rules and regulations applicable to the [Apartment Project] [Redeveloped Park], the provisions of such rules and regulations shall control, including, if applicable, any prohibition of preferences for units receiving Section 8 assistance. Owner shall comply with City's affirmative marketing policies or other rental policies and procedures as they may be amended from time to time to ensure that City residents and people who work in the City of Palo Alto are provided reasonable notice and opportunity to rent units in the Project. 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 9 Item 5: Staff Report Pg. 91 Packet Pg. 119 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination and deposits, payment for operating and other expenses, maintenani Agreement for Existing routine and extraordinary repairs, replacement of capital items, secu Regulatory Agreement 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 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. 10 Item 5: Staff Report Pg. 92 Packet Pg. 120 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Each Party agrees that all obligations under this Section 9 sh Agreement for Existing termination or assignment of this Agreement and shall remain bindin Regulatory Agreement 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 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. 10.2 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, 11 Item 5: Staff Report Pg. 93 Packet Pg. 121 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination provision or covenant under this Agreement and failure to cure such Agreementfor Existing ninety (90) days following receipt of notice of default to Owner, or if t RegulatoryAgreement 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, "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. 12 Item 5: Staff Report Pg. 94 Packet Pg. 122 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination 16.2 Notices. Except as otherwise specified herein, all notic Agreement for Existing pursuant to this Agreement shall be made in writing, and sent to the Regulatory Agreement 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: 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 13 Item 5: Staff Report Pg. 95 Packet Pg. 123 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination another. The relationship of the Parties shall not be construed as a venture, partnership or any other relationship. Regulatory Agreement ity 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. 14 Item 5: Staff Report Pg. 96 Packet Pg. 124 of 554 IN WITNESS WHEREOF, the Parties have executed this Affo Regulatory Agreement and Declaration of Restrictive Covenants as written above. CITY: CITY OF PALO ALTO, a municipal corporation By: Print Name: Title: Attest: City Clerk Approved as to form: City Attorney COUNTY: Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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 5: Staff Report Pg. 97 Packet Pg. 125 of 554 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) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) 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 5: Staff Report Pg. 98 Packet Pg. 126 of 554 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) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) 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 5: Staff Report Pg. 99 Packet Pg. 127 of 554 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) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) 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 5: Staff Report Pg. 100 Packet Pg. 128 of 554 Fxhihit A PROPERTY Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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 5: Staff Report Pg. 101 Packet Pg. 129 of 554 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Executive Director EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) Space above this line for Recorder's use. TERMINATION OF REGULATORY AGREEMENT THIS TERMINATION OF REGULATORY AGREEMENT ("Termination"), dated as of , 2024, is executed 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"), the County of Santa Clara, a political subdivision of the State of California ("County") and the Santa Clara County Housing Authority, a public body corporate and politic ("Authority"). The City, the County, the Owner, and the Authority are collectively referred to herein as the "Parties." 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 Santa Clara County 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 "Property"). B. In connection with certain financing provided to assist in the acquisition and redevelopment of the Property, the City, the County, and the Authority entered into that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated as of September 29, 2017, and recorded in the Official Records of Santa Clara County ("Official Records") on September 29, 2017, as Instument No, 23766007 (the "Original Regulatory Agreement"). C. Owner has succeeded to the interests of the Authority in the Property. D. Owner intends to subdivide the Property into two separate parcels that will be redeveloped respectively as an affordable apartment project (the "Apartments") and an affordable mobilehome park (the "Park"). E. Concurrently with the recordation of this Termination, the City, the County, and Owner intend to enter into and record new regulatory agreements that will subject the Apartments and the Park to occupancy and rent restrictions, and that will supersede and replace the Original Regulatory Agreement. OAK #4892-3557-3295 v1 Item 5: Staff Report Pg. 102 Packet Pg. 130 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination NOW, THEREFORE, in consideration of the mutual covenants con Agreement for Existing other good and valuable consideration, the receipt and sufficiency of which Regulatory Agreement acknowledged, the Parties agree as follows: 1. The Original Regulatory Agreement is hereby terminated effective as of the date of this Termination. 2. This Termination shall be recorded in the Official Records. 3. This Termination maybe executed in multiple counterparts each of which shall be an original, and all of which shall together constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE. 2 4872-1206-5952 vi Item 5: Staff Report Pg. 103 Packet Pg. 131 of 554 Item 5 Attachment D - Proposed Regulatory Agreement and Termination IN WITNESS WHEREOF, the Parties hereto have executed this Agreement for Existing date first set forth above. Regulatory Agreement CITY: COUNTY: CITY OF PALO ALTO, a municipal COUNTY OF SANTA CLARA, a political corporation subdivision of the State of California By: By: Print Name: Print Name: Title: Title: Attest: City Clerk Approved as to form: City Attorney SANTA CLARA COUNTY HOUSING AUTHORITY, a public body, corporate and politic By: Preston Prince, Executive Director Attest: Clerk of the Board of Supervisors Approved as to form and legality: County Counsel OWNER: POCO WAY HDC INC., a California nonprofit public benefit corporation By: Preston Prince, President SIGNATURES MUST BE NOTARIZED. 3 4872-1206-5952 v1 Item 5: Staff Report Pg. 104 Packet Pg. 132 of 554 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, State of California ) ) ss County of Santa Clara ) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) On , 2024, 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) 4 4872-1206-5952 v1 Item 5: Staff Report Pg. 105 Packet Pg. 133 of 554 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, State of California ) ) ss County of Santa Clara ) Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement) On ,2024, 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) 4872-1206-5952 v1 Item 5: Staff Report Pg. 106 Packet Pg. 134 of 554 Exhibit A PROPERTY Item 5 Attachment D - Proposed Regulatory Agreement and Termination Agreement for Existing Regulatory Agreement 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. APN: 137-12-001, 137-11-102 (ptn), and 137-11-071(ptn) 6 4872-1206-5952 vi Item 5: Staff Report Pg. 107 Packet Pg. 135 of 554 Item 5 Attachment E - Planning and Transportation Staff Report for Subdivision Planning & Transportatio Map n Staff Report CITY O F From: Planning and Development Services Director PALO Lead Department: Planning and Development Services ALTO Meeting Date: July 10, 2024 Report #: 2406-3159 TITLE PUBLIC HEARING / QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real (24PLN-00129): Recommendation on Applicant's Request for Approval of a Vesting Tentative Map to Allow for a Subdivision of a Single 4.5 -acre Parcel into Two Parcels. The Subdivision Map Would Facilitate Redevelopment of Buena Vista Mobile Home Park with a 61 - Unit Apartment Building on a 1.69 -Acre Parcel and a 44 -Unit Mobile Home Rehabilitation on a 2.81 -acre parcel. 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 (Multi -Family Residential). For More Information Contact the Project Planner Claire Raybould at Claire.Raybould@cityofpaloalto.org. RECOMMENDATION Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Consider the proposed CEQA exemption in accordance with CEQA Guidelines Section 15532 (in -fill), as documented in Attachment C. 2. Recommend approval of the Vesting Tentative Map to the City Council based on findings and subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B. EXECUTIVE SUMMARY The applicant requests approval of a Vesting Tentative Map to subdivide one 4.5 -acre parcel located at 3980 El Camino Real into two parcels. Through a separate, Streamlined Housing Development Review Entitlement Process, the Santa Clara County Housing Authority proposes to redevelop one of the two parcels with a 100% affordable, 61 -unit multi -family apartment building. On the second parcel, SCCHA proposes a 44 -unit mobile home rehabilitation, which will be processed through the State Housing and Community Development (HCD) department. The subdivision facilitates financing for development of each of the resulting parcels. BACKGROUND Packet Pg. 9 Item No. 2. Pa e 1 of 6 Item 5: Staff Report Pg. 108 Packet Pg. 136 of 554 Project Information Owner: Architect: Representative Legal Counsel: Item 5 Attachment E - Planning and Transportation Staff Report for Subdivision Santa Clara County Housing Authority (SCCHk Map Van Williams Meter Pollock (VMWP), Preeti Srinivasan Kris Adhikari, SCCHA Not Applicable Property Information Address: 3980 El Camino Real Neighborhood: Lot Dimensions & Area Housing Inventory Site: Located w/in a Plume: Protected/Heritage Trees: Historic Resource(s): Barron Park —681 (w) x ^'338 (L), (4.5 -acres) Not Applicable Not Applicable Protected trees, see discussion below Not Historic (See Attachment C, Class 32 Exemption for historic analysis) Existing Improvement(s): 79 residential units (30,414 sf); Single -story; constructed in 1970 Existing Land Use(s): Mobile Home Park/RVs Adjacent Land Uses & North: Single family residential (R-1) Zoning: West: Multi -family Land Use (RM-30 Zoning) East: Commercial Land Use (CS Zoning); lot will be split such that RM- 20 will be adjacent to the new apartment parcel South: Multi -family Land Use (PC 2930 Zoning) Special Setbacks: Not Applicable Aerial View of Property: Source: Google Satellite Maps Land Use Designation & Applicable Plans/Guidelines Packet Pg. 10 Item No. 2. Pa e 2 of 6 Item 5: Staff Report Pg. 109 Packet Pg. 137 of 554 Item 5 Attachment E - Planning and Transportation Staff Comp. Plan Designation: Multi -family Residential Report for Subdivision Zoning Designation: Low Density Multi -family Residential (RM-20 Map Yes Yes Yes Baylands Master ❑ El Camino Real Guidelines ❑ Housing Development ❑ Plan/Guidelines (2008/2005) (1976) Project Downtown Urban Design ❑ South El Camino Real ❑ Utilizes Chapter 18.24 - ❑ Guidelines (1993) Guidelines (2002) Objective Standards Individual Review ❑ Within 150 feet of ® Context -Based Design ❑ Guidelines (2005) Residential Use or District Criteria applicable SOFA Phase 1 (2000) ❑ Within Airport Influence ❑ ❑ Area SOFA Phase 2 (2003) ❑ ❑ ❑ Prior City Reviews & Action City Council: PTC: HRB: ARB: None None None None There have been no other hearings at this time related to the Vesting Tentative Map application. However, there have been two study sessions and a formal hearing with Council to consider the related actions. Specifically, Council held a study session on March 4, 2024 to provide feedback on the proposed streamlined housing development review application and modifications to the existing regulatory agreement for the site. The ARB also held a study session on May 2, 2024 to provide feedback on the proposed design of the apartment building. SCCHA and staff considered the input from Council, the ARB, and the public from these study sessions and incorporated changes to the design and prepared the revised regulatory agreements accordingly. On June 18, 2024 Council held a formal hearing to provide input on the detailed modifications to the regulatory agreement as well as the final streamlined housing development review design. Council continued the project to a date certain of August 5, 2024 for a final decision. Following the PTC's review of the Vesting Tentative Map application, the PTC's recommendation will be forwarded to Council for a final decision. PROJECT DESCRIPTION On April 30, 2024, SCCHA submitted an 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 Packet Pg. 11 Item No. 2. Pa e 3 of 6 Item 5: Staff Report Pg. 110 Packet Pg. 138 of 554 Item 5 Attachment E - Planning and Transportation Staff introduction of an apartment building allows the property to both maintai Report for Subdivision number of affordable units, while allowing enough space to retain 44 mob Map The tentative map subdivides the existing parcel to allow separate financing for the 61 apartments and 44 mobile homes. 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% AMI. Requested Entitlements, Findings and Purview The following discretionary application is being requested and is subject to PTC purview: • Vesting Tentative Map: 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 Vesting Tentative Map for a condominium subdivision is outlined in PAMC Sections 21.12.010 and 21.13.020. Vesting Tentative maps require PTC review. The PTC reviews 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. The proposed project and relevant discussion and findings herein reflect the Vesting Tentative Map. Council will consider the proposed site improvements and amendments to the existing regulatory agreement along with this subdivision. The proposed map includes vacation of easements that would no longer be relevant to the parcels and dedication of new public utility easements and a public access easement associated with the new site improvements. Neighborhood Setting and Character The project is located along Los Robles Avenue. Surrounding uses are primarily residential, with single-family uses to the north, multi -family uses to the south and west, and commercial uses to the east along El Camino Real. Consistency with the Comprehensive Plan, Area Plans and Guidelines The proposed Vesting Tentative Map is consistent with the Comprehensive Plan, in that the site is designated primarily as "Multifamily" land use category and will be developed as a multifamily development on that portion of the site. The map facilitates the redevelopment of a parcel within the City's urban service area which is consistent Policy L-1.2 of the Comprehensive Plan. The associated development to be constructed on the lot would add new residential units that contribute to the housing inventory including two affordable housing units, consistent with Goal 2 of the Housing Element, which states "assist in the provision of safe, attainable, and sustainable housing, especially affordable housing, to meet the needs of all Packet Pg. 12 Item No. 2. Pa e 4 of 6 Item 5: Staff Report Pg. 111 Packet Pg. 139 of 554 Item 5 Attachment E - Planning and Transportation Staff economic segments of the community." Consistencies with other CompreF Report for Subdivision S are included in Attachment B of this report. Map Zoning Compliance The site is zoned primarily as RM-20 (multi -family residential). The proposed multi -family development is a permitted use within the RM-20 Zone. The size of the parcel would not change and is consistent with code requirements for the RM-20 Zone District, which has a minimum lot size of 8,500 sf and minimum dimensions of 70 feet in width by 100 feet in depth. Staff finds that the proposed Vesting Tentative Map complies with these code requirements for parcels. 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 and Reinvestment Initiative for Community Enhancement funds and tax credits by August 2024. 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 The Palo Alto Municipal Code requires notice of this public hearing to be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on June 28, 2024, which is 13 days in advance of the meeting. Postcard mailing occurred on June 26, 2024. As of the writing of this report, no project -related, public comments were received related to the Vesting Tentative Map. Comments received on the proposed Streamlined Housing Review application are outlined in the Council staff report. ENVIRONMENTAL REVIEW The City, acting as the lead agency, determined that the project is exempt from CEQA in accordance with CEQA Guidelines Section 15332, which exempts in -fill development projects on sites of five acres or less. The documentation to support the exemption is included in Packet Pg. 13 Item No. 2. Pa e 5 of 6 Item 5: Staff Report Pg. 112 Packet Pg. 140 of 554 Item 5 Attachment E - Planning and Transportation Staff Attachment C. The CEQA analysis assesses the whole of the action, includirl Report for Subdivision and redevelopment of both parcels. Map The County Housing Authority is also seeking federal funding from the Department of Housing and Urban Development (HUD); therefore, HUD will serve as the lead agency under the National Environmental Policy Act. The City will serve as the responsible entity preparing the Environmental Analysis (EA) in accordance with federal regulations. ALTERNATIVE ACTIONS In addition to the recommended action, the Planning and Transportation Commission may: 1. Approve the project with modified findings or conditions; 2. Continue the project to a date (un)certain; or 3. Recommend project denial based on revised findings ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: Vesting Tentative Map and Environmental Analysis AUTHOR/TITLE: Claire Raybould, AICP, Principal Planner Packet Pg. 14 Item No. 2. Pa e 6 of 6 Item 5: Staff Report Pg. 113 Packet Pg. 141 of 554 ' I HOU5INGAUTHORITY SANTA CLARA COUNTY working honeys, 9rawU%9 eaxnuu L6 Item 5 Attachment F - Project Description and Justification of Concessions and Waivers Santa Clara County Housing Authority • 505 West Julian Street, San Jos€, CA 95110 • TEL 408.275 8770 scchousingauthority.org April 10, 2024 Mr. Jonathan Lait Planning Director Planning & Development Department City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 RE: Buena Vista Commons Re -submittal SB 330 Planning Application Submittal Dear Mr. Lait: The Santa Clara County Housing Authority (Housing Authority) is pleased to re -submit this SB 330 Planning Application for the development of Buena Vista Commons at 3980 El Camino Real in Palo Alto. Buena Vista Commons is the apartment component of a larger redevelopment occurring at the Buena Vista Mobile Home Park (Park). The original submittal was made on February 9, 2024. The updated drawings and planning documents that are enclosed in this re -submittal package were informed by comments we received from City staff following the initial submittal on February 9th. We have also made cost -informed design changes to allow project feasibility. These changes simplify the structural systems required for the apartment and improve feasibility by reducing cost. These changes are notable, but modest in physical impact. We have maintained the same unit count, increased the amount of parking available, and maintained the spirit of all design feedback that we received from our partners and community members during the conceptual and schematic design process. As a reminder, Buena Vista Commons will consist of 61 affordable homes for families. 100% of the homes are subject to affordability restrictions in accordance with the tri-party regulatory agreement that is held between the Housing Authority, City, and County. The project will be developed on land owned by Poco Way HDC, Inc., a California nonprofit public benefit corporation that is wholly controlled by the Housing Authority, the developer. The project uses The Housing Crisis Act (SB 330) and the California State Density Bonus Law (AB 1763). Buena Vista Commons satisfies the requirements of SB 330 and AB 1763, as detailed in the enclosed Project Description. On December 19, 2023, we submitted an SB 330 Preliminary Application to Palo Alto Planning staff. We look forward to continuing to work with the City on this new project. Should you have any questions or need additional information, please feel free to contact Kris Adhikari at (650) 582-9359 or kris.adhikari@scchousingauthority.org. Sincerely, Flaherty Ward (Apr 10, 202409:28 PDT) Flaherty Ward Director of Real Estate Item 5: Staff Report Pg. 114 Packet Pg. 142 of 554 STREAMLINED HOUSING DEVELOPMENT REVIEW Updated: Jul 19, 2024 Item 5 Attachment F - 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 wtnl2%wg homes, growg cowt.wt.uwities Item 5: Staff Report Pg. 115 Packet Pg. 143 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F- Project ommons Description and 1 19, 2024 I of ndex concessions and Waive) and rs 1. Introduction.................................................................................2 a. Project Description...........................................................................2 b. Project Team.....................................................................................4 c. About the Santa Clara County Housing Authority (SCCHA) .............4 2. Community Engagement..............................................................5 3. Project Details..............................................................................6 a. Site....................................................................................................6 b. Design...............................................................................................7 c. Sustainability.....................................................................................8 d. Affordability......................................................................................9 4. Zoning and Development Standards...........................................11 a. Comprehensive Plan and Zoning Code..........................................11 b. Eligibility for Streamlining..............................................................12 c. Regulatory Agreement...................................................................12 d. Modifications under State Density Bonus Law..............................13 e. Relocation and Displacement........................................................14 5. Forms & Checklists.....................................................................16 a. SB 330 State Preliminary Application Form...................................16 b. City of Palo Alto Housing Information Checklist ............................35 c. Objective Design Standards Checklist............................................38 d. SCVURPPP C.3 Data Form..............................................................59 6. Supplemental Documents..........................................................65 a. Preliminary Title Report and Parcel Map......................................65 b. Community Engagement Report...................................................83 c. Arborist Report, Numbered Tree Map & Tree Disclosure Form....89 d. Draft Trash Management Report ................................................122 e. Geotech Report.............................................................................141 f. Environmental Report...................................................................183 g. Domestic Water Demand..............................................................216 h. Exterior Lighting fixture cutsheets................................................221 Item 5: Staff Report Pg. 116 Packet Pg. 144 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F- Project ommons Description and 1 19, 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 5: Staff Report Pg. 117 Packet Pg. 145 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F- Project ommons Description and 1 19, 2024 Justification of Concessions and Waivers 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 5: Staff Report Pg. 118 Packet Pg. 146 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F- Project ommons Description and 1 19, 2024 Justification of Concessions and Waivers 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 5: Staff Report Pg. 119 Packet Pg. 147 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 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. :. tLti Photos from various townholls VA Item 5: Staff Report Pg. 120 Packet Pg. 148 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F- Project ommons Description and 1 19, 2024 3. Project Details Justification of Concessions and Waivers 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 5: Staff Report Pg. 121 Packet Pg. 149 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F- Project ommons Description and 1 19, 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 5: Staff Report Pg. 122 Packet Pg. 150 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 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 5: Staff Report Pg. 123 Packet Pg. 151 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 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 5: Staff Report Pg. 124 Packet Pg. 152 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F- Project ommons Description and 1 19, 2024 Justification of Concessions and Waivers 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 5: Staff Report Pg. 125 Packet Pg. 153 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 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 5: Staff Report Pg. 126 Packet Pg. 154 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 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 5: Staff Report Pg. 127 Packet Pg. 155 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 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 5: Staff Report Pg. 128 Packet Pg. 156 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 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 0.89. 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. We are instead proposing to retain 2 of the existing trees along the frontage. Thus we are only able to provide 8 trees where 19 are required. Item 5: Staff Report Pg. 129 Packet Pg. 157 of 554 Item 5 STREAMLINED HOUSING DEVELOPMENT Attachment F - Project ommons Description and 1 19, 2024 Justification of e. Relocation and Displacement�C_oncessions 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 5: Staff Report Pg. 130 Packet Pg. 158 of 554 Item 5 Attachment G - Project Plans and Environmental Attachment G Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to council members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Environmental Document The City, acting as the lead agency, prepared a Class 32 (CEQA Guidelines Section 15332) Exemption for Infill Development. The documentation to support this exemption is available on the project webpage. Directions to review Proiect plans 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 5: Staff Report Pg. 131 Packet Pg. 159 of 554 Item 6 Item 6 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Administrative Services ALTO Meeting Date: August 5, 2024 Report #:2404-2846 TITLE Adoption of a Resolution Establishing Fiscal Year 2025 Property Tax Levy for General Obligation Bonds (Measure N Libraries); CEQA Status: Not a Project RECOMMENDATION Staff recommends that the City Council approve a resolution approving the establishment of the Fiscal Year 2025 property tax levy of $7.61 per $100,000 in Assessed Value for the secured and utility tax roll and $8.07 per $100,000 in Assessed Value (AV) for the unsecured tax roll for the City of Palo Alto's Measure N General Obligation Bond Library Bonds. EXECUTIVE SUMMARY In 2008, Palo Alto voters passed Measure N which gave the City authority to issue a maximum amount of $76 million of General Obligation bonds (the "Bonds") for capital improvements (libraries). Annually, a property tax levy sufficient to pay debt service on the Bonds must be approved by the City Council and submitted to the County of Santa Clara for collection with the property taxes. BACKGROUND On November 4, 2008, City voters passed Measure N which gave the City authority to issue a maximum amount of $76 million of General Obligation bonds (the "Bonds") for capital improvements to the Mitchell Park, Downtown, and Rinconada (formerly Main) libraries and to construct the Mitchell Park community center. The City successfully sold the Bonds in two series to provide $76 million in funds for the design and construction costs. Both Standard and Poor's and Moody's awarded their highest credit ratings, Triple A, to both series of Bonds which was affirmed by Standard and Poor's in May 2022 and Moody's in March 2024. On March 1, 2016, Council approved the decommissioning of the Library Bond Oversight Committee and accepted a financial report showing approximately $3.0 million in project Item 6: Staff Report Pg. 1 Packet Pg. 160 of 554 Item 6 Item 6 Staff Report savings (CMR: 6632)1. In addition, bond premium of $3.1 million could be used to redeem and/or defease bonds. On June 6, 2016, Council authorized the use of $6.1 million of the Series 2010A & 2013A General Obligation (Measure N) Bonds to defease and/or retire a portion of outstanding bonds and to pay associated redemption costs (CMR: 6993)2. To maximize savings to property owners the longest bonds were paid off; total savings of $11 million were realized which includes $4.9 million in interest savings overtime. Of the $11 million, $5.4 million will be saved through FY 2040 while $5.6 million will be saved from FY 2041 through FY 2044. On March 2, 2022, Council approved the refinancing of the Series 2010A and 2013A outstanding principal of $40.6 million and $13.6 million respectively (CMR: 13438; on page 12 of link)3. The Series 2010A was refinanced as a tax-exempt bonds and Series 2013A was partially refinanced as taxable bonds. The tax reform bill passed by Congress and signed into law on December 22, 2017, prohibits the issuance of tax-exempt advance refunding bonds during the (ten-year) call protection period. The call protection period had passed on the Series 2010A Bonds, but it had not passed for the Series 2013A Bonds. The portions of the Series 2013A bonds or $2.1 million in principal, that had realized savings were refinanced. In total, a net present value savings of $4.5 million or 10.6% was realized. The cash savings is $6.4 million and average annual debt service savings over 18 years is $356 thousand. There are three General Obligation Bonds outstanding, the portion of the tax-exempt Series 2013A bonds that were not refinanced, the tax-exempt Series 2022A bonds that refinanced the Series 2010A bonds, and the taxable Series 2022B bonds that partially refinanced the Series 2013A bonds. Standard and Poor's affirmed their highest credit ratings, Triple A, to both the issuer or City of Palo Alto's General Fund credit rating and the long-term rating on the City's General Obligation Bonds outstanding in May 2022. As of July 1, 2024, principal amount of $46.6 million is outstanding on the General Obligation Bonds. 1 City Council, March 21, 2016, CMR 6632: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/yea r-archive/2016/6632-mini-packet. pdf 2 City Council, June 6, 2016, CMR 6993: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/yea r-archive/2016/6993. pdf 3 City Council, May 2, 2022, CMR 13438: https://www.citvofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2022/20220502/20220502pccsmamended-linked.pdf Item 6: Staff Report Pg. 2 Packet Pg. 161 of 554 Item 6 Item 6 Staff Report ANALYSIS Debt service payments on these Bonds are paid through ad valorem taxes on all taxable land and improvements (both secured and unsecured assessment roll) within the City. The total debt service in FY 2025 is $4 million. Staff is seeking Council approval of the attached resolution (Attachment A) which authorizes the placement of an ad valorem property tax levy in the amount of $0.00761 per $100 or $7.61 per $100,000 in Assessed Value (AV) for the secured tax roll; and $0.00807 per $100 or $8.07 per $100,000 in AV for the unsecured tax roll. In comparison, prior year's secured and unsecured tax levy was $8.07 and $8.16 respectively, per $100,000 of AV. The assessment rate for FY 2025 is decreasing for both the secured and unsecured property taxes. The rate decreases are attributable to the rise in the Secured AV for properties throughout Palo Alto by 4.8%, an increase of $2.3 billion. The total AV is $51.8 billion. In addition, the rise in AV during FY 2024, due to property sales and new construction, resulted in excess collections which further reduced the FY 2025 annual assessment. As for the unsecured property taxes, per the County of Santa Clara's methodology, the prior year's secured tax rate becomes this year's unsecured tax rate. As a result, this rate won't benefit from the current year's AV increase until FY 2026. However, it did benefit from the Secured AV increase that occurred in FY 2024. With the new assessment for FY 2025, a house with an assessed value of $1.0 million, for example, would see an annual assessment of $76.10 on their property tax bill. In comparison, in FY 2024, a $1.0 million home had an assessment of $80.70. FISCAL/RESOURCE IMPACT The bond issuances result in a 2025 calendar year debt service expenditure of approximately $4.04 million and Council approval of the attached resolution will result in ad valorem tax levy revenue of $3.94 million with the $0.10 million difference attributable to available funds on hand. Secured and unsecured property owners will see a levy of $7.61 and $8.07, respectively, per $100,000 of AV on their FY 2025 property tax statement. STAKEHOLDER ENGAGEMENT Staff works with the County of Santa Clara who provide the property assessed valuation for the coming fiscal year which this then used by staff to calculate the property tax levy tax rates. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by the California Environmental Quality Act because approval of the Measure N property tax levy is a government funding mechanism or fiscal activity which does not involve any commitment to any specific project which may Item 6: Staff Report Pg. 3 Packet Pg. 162 of 554 Item 6 Item 6 Staff Report result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4). ATTACHMENTS Attachment A: Resolution Establishing FY 2024-25 Property Tax Levy Attachment B: Exhibit A - General Obligation Bonds, Election of 2008, Series 2013 2022A, & 2022B Tax Rate Calculation Based on 2024-25 Assessed Values APPROVED BY: Lauren Lai, Administrative Services Director Item 6: Staff Report Pg. 4 Packet Pg. 163 of 554 Item 6 Attachment A - Atta Resolution Establishing FY 2024-25 Property Tax Not Yet Approved Levy Resolution No. Resolution of the Council of the City of Palo Alto Establishing Fiscal Year 2025 Property Tax Levy of $7.61 Per $100,000 of Secured and $8.07 Per $100,000 of Unsecured Assessed Valuations for the City's General Obligation Bond Indebtedness (Measure N Library Projects) RECITALS A At the City of Palo Alto's ("City") general election held on November 4, 2008, more than two-thirds of voters approved Measure N, authorizing the issuance of general obligation bonds in the amount not to exceed $76,000,000 (the "Authorization") to fund construction of a new Mitchell Park Library and Community center and renovation and improvements to Downtown and Main libraries. B. Pursuant to the Authorization, the City issued two series (Series 2010A and 2013A) of general obligation bonds in June 2010 and June 2013 that yielded $75.8 million for project needs. In June 2022, the Series 2010A was refinanced with a tax-exempt Series 2022A and the Series 2013A was partially refinanced with a taxable Series 2022B. As a result, there are three general obligation bonds series outstanding, the Series 2013A portion that wasn't refinanced and the refinanced Series 2022A and 2022B bonds. C The City is obligated to levy ad valorem taxes on all property within the City subject to taxation by the City, without limitation on rate or amount (except with respect to certain personal property which is taxed at limited rates), for the payment of the debt service on the Bonds. D. The City is obligated to direct the County of Santa Clara to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment of debt service on the Bonds. E The amount of the annual ad valorem tax levied by the City to repay the Bonds is determined by the relationship between the assessed valuation of taxable property in the City and the amount of debt service due on the bonds. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Pursuant to the Authorization, an ad valorem property tax is hereby established to be levied on all land and improvements in the City of Palo Alto during Fiscal Year 2025 in the amount of $0.00761 per $100 in assessed value for the secured and 20240716 th 0140225 Item 6: Staff Report Pg. 5 Packet Pg. 164 of 554 Item 6 Attachment A - Atta Resolution Establishing FY 2024-25 Property Tax Not Yet Approved Levy utility tax roll and $0.00807 per $100 in assessed value for the unsecured tax roll based on the calculations set forth in the attached Exhibit "A". SECTION 2. The City's Director of Administrative Services shall cause a certified copy of this Resolution to be delivered to the Auditor of the County of Santa Clara for entry in the assessment book of the respective sums in dollars and cents, to be paid as established by this Resolution. SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 20240716 th 0140225 Mayor APPROVED: City Manager Director of Administrative Services i) Item 6: Staff Report Pg. 6 Packet Pg. 165 of 554 Item 6 Attachment B - Exhibit A General Obligation Bonds, Election of 2008, Series xhibit A 2013 2022A, & 2022BTax City of Palo Alto Rate Calculation Based on General Obligation (GO) Bonds, Election of 2008, Series 2013, 2024-25 aiiu AV 22B Tax Rate Calculation Based on 2024-25 Assessed Values A) Assessed Valuations (AV) 1 ) 2024-25 Taxable Secured Assessed Valuation (AV) $ 49,343,195,499 2 ) 2024-25 Taxable Unsecured AV $ 2,461,561,907 3 ) Less: Estimated Delinquency 0.00% $ - 4 ) Net Taxable Unsecured AV $ 2,461,561,907 5 ) Total Assessed Valuation (AV) $ 51,804,757,406 B) Tax Levy Requirement 5 ) 2025 Calendar Year Debt Service Payments 2013 (Tax -Exempt) GO Bonds - February 1,2025 $ 211,425.00 2013 (Tax -Exempt) GO Bonds - August 1, 2025 211,425.00 422,850.00 6 ) 2022A (Tax -Exempt) GO Bonds - February 1,2025 $ 798,750.00 7 ) 2022A (Tax -Exempt) GO Bonds - August 1, 2025 2,243,750.00 3,042,500.00 8 ) 2022B (Taxable) GO Bonds - February 1,2025 $ 42,200.00 9 ) 2022B (Taxable) GO Bonds - August 1, 2025 537,200.00 579,400.00 10 ) Total Calendar Year 2025 Debt Service Payments 4,044,750.00 11 ) Excess Funds on Hand Applied Toward Debt Service (100,000.00) 12 ) Sub -total 3,944,750.00 13 ) Santa Clara County Administration Fee (0.25% of Principal & Interest) 9,861.88 14 ) Total 2024-25 Annual Debt Service Requirement 3,954,611.88 C) Secured and Unsecured Tax Rate 15 ) 12024-25 Unsecured Tax Rate per $100 of Unsecured AV (Prior Year's Secured Tax Rate) $ 0.00807 16 ) 2024-25 Unsecured Tax Rate per $100,000 of Unsecured AV $ 8.07 17 ) 2024-25 Estimated Revenue from Unsecured AV (line 4 divide by 100 times by line 15) $ 198,648.05 18 ) 2024-25 Estimated Revenue from Secured AV (line 14 minus line 17; 3,755,963.83 19 ) Total 2024-25 Annual Debt Service Requirement $ 3,954,611.88 20 ) 12024-25 Secured Tax Rate per $100 of Secured AV (line 18 divided by line 1*100) $ 0.00761 21 ) 2024-25 Secured Tax Rate per $100,000 of Secured AV (line 18 divided by line 1 times 100,000) $ 7.61 Item 6: Staff Report Pg. 7 Packet Pg. 166 of 554 Item 7 Item 7 Staff Report City Council Staff Report Report Type: CONSENT CALENDAR CITY O F Lead Department: City Clerk PALO LTO Meeting Date: August 5, 2024 Report #:2406-3198 TITLE SECOND READING: Adopt an Ordinance and Resolution Extending the Interim Parklet Program to the Car -Free Portion of Ramona Street through March 2025; CEQA status - categorically exempt (FIRST READING: June 18, 2024 PASSED 7-0) BACKGROUND This was heard by the City Council on June 18, 2024 for a first reading and was approved 7-0. No changes were made to the ordinance; it is now before you for a second reading. ATTACHMENTS Attachment A - Interim Ordinance Extending At -grade and Parklet Dining on Ramona APPROVED BY: Mahealani Ah Yun, City Clerk Item 7: Staff Report Pg. 1 Packet Pg. 167 of 554 *NOT YET APPROVED* Ordinance No. Item 7 Attachment A - Interim Ordinance Extending At - grade and Parklet Dining on Ramona Interim Ordinance of the Council of the City of Palo Alto Temporarily Continuing the Expansion of Outdoor Dining, Retail and Other Activities on Public and Private Property and Relaxing Regulations Regarding Onsite Parking, On -Sale of Alcohol, Design/Architectural Review, Permit Fees, and Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use; and Delaying Enforcement of the Permanent Parklet Ordinance Until November 1, 2024. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in response to COVID-19 and its effects on local businesses. At that time and since then, county and state regulations related to COVID-19 have limited or curtailed many indoor activities, including dining, bars, retail, performances, and other recreational uses. B. In June 2021, the City Council adopted Ordinance 5526, which amended and restated Ordinance 5500 on a non -emergency basis (among other changes). C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and restated Ordinance 5526 with a sunset date of June 30, 2022. D. In May 2022, the City Council adopted Ordinance 5551, which amended and restated Ordinance 5533 to extend its provisions through December 31, 2022. E. In October and November 2022, the City Council adopted Ordinance 5572, which amended and restated Ordinance 5551 to extend its parklet provisions through June 30, 2023 and the remainder of its provisions through December 31, 2023. F. In May 2023, the City Council adopted Ordinance 5584 to extend the parklet provisions of this ordinance until March 31, 2024. The remainder of the ordinance will sunset on December 31, 2023 as previously adopted. G. In November 2023, the City Council adopted Ordinance 5603 to extend the on -street dining provisions of this ordinance until December 31, 2024. H. In March 2024, the City Council adopted Ordinance 5618 to extend the parklet provisions of this ordinance until August 1, 2024; delay aspects of enforcement of the permanent (ongoing) parklet ordinance 5594 to November 1, 2024 for parklets in transition; and extend parking lot uses through December 2024. 110 20240521 ts24 Item 7: Staff Report Pg. 2 Packet Pg. 168 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining on Ramona The City Council now desires to allow this ordinance to continue to be applied to the area of Ramona Avenue currently closed to vehicular traffic through March 2025, and apply license fees to this area consistent with the fees imposed under the ongoing parklet program. SECTION 2. City Manager Authorization The City Manager or his or her designee(s) may promulgate guidelines and implementing regulations for the uses and programs described in this Ordinance as long as such regulations do not conflict with this Ordinance. SECTION 3. Fees and Fee Waivers for Encroachment Permits and Parking Space Closures A. The permit fees set forth in the Municipal Fee Schedule are temporarily waived for applications for encroachment permits under Palo Alto Municipal Code Section 12.12.010 and Section 12.12.020, as modified by this Ordinance, to place structures and equipment in the public right-of-way (including closed streets and sidewalks) for purposes of outdoor dining and outdoor retail sales and display of wares. B. The parking space closure fee in the Municipal Fee Schedule collected by the Department of Planning and Development Services is temporarily waived for the use of a parking space(s) on -street or in a parking lot for purposes of outdoor dining and outdoor retail sales and display of wares as authorized through an encroachment permit, license, or agreement with the City. C. As a requirement for a permit issued under this Ordinance, a fee shall be imposed and collected to use the right-of-way on the portion of Ramona Avenue closed to vehicular traffic. The fee imposed shall be same fee and rate established for the license fee for parklets under PAMC Chapter 12.11. SECTION 4. Modified Review Process for Commercial Sidewalk Encroachment Permits Notwithstanding contrary provisions of PAMC Section 12.12.020, permits may be granted for commercial sidewalk encroachments for outdoor retail sales and display areas and outdoor eating areas. Permits for these purposes shall not be required to undergo and complete design review by the Planning Department described in subsection (d) of Section 12.12.020. Except as expressly modified herein, the provisions of Section 12.12.020 shall apply to commercial sidewalk encroachments. SECTION 5. Eating and Drinking Establishments Eating establishments, and drinking establishments may temporarily relocate some or all of their existing indoor seating capacity to outdoor seating capacity, as follows: A. Location. Outdoor eating areas may be placed in one or more of the following areas: 110 20240521 ts24 Item 7: Staff Report Pg. 3 Packet Pg. 169 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining 1. Public streets temporarily closed by the City of Palo Alto, th on Ramona an encroachment permit under PAMC Section 12.12.010; 2. Sidewalks through issuance of an encroachment permit under PAMC Section 12.12.020, as modified by Section 4 of this Ordinance; 3. In on -street parking spaces approved for use as temporary parklets, in accordance with the Pilot Parklet Demonstration Project as first approved by Council Resolution No. 9909 and continued by subsequent resolutions; 4. Surface parking lots that currently provide required onsite parking for the eating/drinking establishment, through issuance of an approval by the Director of Planning, or his or her designee, as described in subsections C and D of this Section, below; 5. Other outdoor areas on the eating/drinking establishment site not originally permitted for outdoor seating in the establishment's approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the Director of Planning, or his or her designee, in accordance with subsections C and D of this Section, below; and 6. In other areas that the Council identifies by resolution or ordinance. B. Use of Private Parking Lots —Temporary Reduction of Parking Requirements. 1. Notwithstanding the parking requirements applicable to eating/drinking establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for eating/drinking establishments, an eating/drinking establishment may place outdoor eating areas in its parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. If the establishment's parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor eating, subject to review and approval of the Planning Director or his or her designee. 2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with an eating/drinking establishment tenant(s) may place outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of an eating/drinking establishment's permitted indoor restaurant seating to outdoor 110 20240521 ts24 Item 7: Staff Report Pg. 4 Packet Pg. 170 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining seating in privately -owned areas on the eating/drinking establishm on Ramona ally permitted for outdoor eating. The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section 18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days. D. Seating Layout Review. A Seating Layout Review is required to relocate some or all of an eating/drinking establishment's permitted indoor seating to outdoor seating in privately - owned areas on the eating/drinking establishment site not originally permitted for outdoor eating. The Seating Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed outdoor seating layout based on the following criteria: 1. Seating layout does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on -street parking spaces. 2. Seating layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act. 3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire-resistant tents and must include an affixed manufacturer's label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment. 4. Any heaters must comply with fire codes. 5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning. 6. Other requirements established in the standards and guidelines issued by the Director of Planning. E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Seating Layout Review. F. Occupancy. Total seating occupancy (including all indoor and outdoor seating) shall not exceed the overall occupancy for which the restaurant is permitted. 110 20240521 ts24 Item 7: Staff Report Pg. 5 Packet Pg. 171 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining G. Alcohol Service. Establishments that are allowed by the City to se on Ramona site consumption by issuance of a conditional use permit ("CUP") as required by PAMC Section 18.42.090 or as a legal nonconforming use, and that both have an on -sale license from the Department of Alcoholic Beverage Control ("ABC") and are duly authorized by ABC to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the PAMC. During the effective period of this Ordinance, establishments that meet the preceding requirements may expand their footprint to outdoor areas without an amendment of the CUP, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol service shall be in full compliance with ABC regulations, as amended. H. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor eating areas or signage related to such areas during the effective period of this Ordinance. SECTION 6. Retail Establishments Retail establishments may temporarily relocate some or all of their existing customer -accessible square footage to outdoor spaces as follows: A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed in one or more of the following areas: 1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010; 2. Sidewalks through issuance of an encroachment permit under PAMC Section 12.12.020, as modified by Section 4 of this Ordinance; 3. Surface parking lots that currently provide required onsite parking for the retail establishment, through issuance of an approval by the Director of Planning, or his or her designee, as described in subsections C and D of this Section, below; 4. Other outdoor areas on the retail establishment site not originally permitted for retail sales and display or dining in the retail establishment's approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the Director of Planning or his or her designee in accordance with subsections C and D of this Section, below; and 5. In other areas that the Council identifies by resolution or ordinance. B. Use of Private Parking Lots —Temporary Reduction of Parking Requirements. 110 20240521 ts24 Item 7: Staff Report Pg. 6 Packet Pg. 172 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining 1. Notwithstanding the parking requirements applicable to retail a on Ramona itle 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for retail establishments, a retail establishment may conduct outdoor retail sales and display and may place outdoor eating areas in its parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. If the establishment's parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor dining/retail, subject to review and approval of the Planning Director or his or her designee. 2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with a retail establishment tenant(s) may place outdoor retail sales and display areas and outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of a retail establishment's customer -accessible square footage to outdoor retail sales and display in privately -owned areas on the retail establishment site not originally permitted for outdoor retail sales and display. The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section 18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days. D. Merchandise or Seating Layout Review. A Layout Review is required to relocate some or all of a retail establishment's permitted indoor customer -accessible square footage to privately -owned areas on the retail establishment site not originally permitted for retail. The Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed retail layout based on the following criteria: 1. The placement of the merchandise, displays, or other items does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on -street parking spaces. 2. The layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act. 110 20240521 ts24 Item 7: Staff Report Pg. 7 Packet Pg. 173 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining Any tents must comply with fire codes and Palo Alto Fire Depart on Ramona rds for tents, and safety standards set forth by the National Fire Protection Association for fire-resistant tents and must include an affixed manufacturer's label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment. 4. Any heaters must comply with fire codes. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning. 6. Other requirements established in the standards and guidelines issued by the Director of Planning. Fee. No fee will be charged for submittal and review of the Application and for conducting a Layout Review. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor retail areas or signage related to such areas during the effective period of this Ordinance. SECTION 7. Compliance with Other Regulations, Orders and Approvals The uses of public and private property allowed in this Ordinance shall be conducted in compliance with any applicable state or county mandate (including executive orders and health orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state regulations, orders, and approvals, as applicable (collectively, "Applicable Law"). Any approval, allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to public health, safety or welfare. SECTION 8. No Vested Rights The outdoor uses of public and private property allowed in this Ordinance are temporary and shall be terminated upon the earlier of the date stated in the applicable permit/approval or the expiration of this interim Ordinance, unless earlier revoked by the City Manager or other authorized official (or their designee) or terminated by action of the City Council. The City may discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or designee determines that the public health, safety or welfare warrant such action. Nothing in this Ordinance shall establish a vested right. 110 20240521 ts24 Item 7: Staff Report Pg. 8 Packet Pg. 174 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining SECTION 9. Suspension of Prohibition on Alcohol Consumption in Lytto on Ramona ell Plaza Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to Lytton Plaza and Cogswell Plaza. SECTION 10. Use of City Parking Lots for Reopening Activities A. The City Manager, or his or her designee ("City Manager"), is authorized to permit outdoor dining, retail and other activities necessary to facilitate the reopening of businesses, in public parking lots owned by the City, subject to the City Manager's adoption of rules, regulations, guidelines, and standards for such use ("Regulations"), and publication of such Regulations on the City's website. Use of parking lots, or portions thereof, by a business shall require a license or other agreement, including an agreement to indemnify and hold harmless the City, and provision of insurance. B. The City Manager is authorized to waive any fee in the Municipal Fee Schedule associated with the temporary use of parking areas for the purposes identified in Section A above. C. Notwithstanding PAMC Section 9.04.020, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in any City owned parking lot. SECTION 11. Personal Services, Indoor Recreation and Other Uses The authorized outdoor uses of public and private spaces authorized in this Ordinance may be applied to personal services, indoor recreation and other uses. Prior to authorizing these additional activities to occur, the City Manager, or his or her designee ("City Manager"), shall adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City's website. SECTION 12. Severability 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 13. Environmental Review The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities), 15303 (new construction of small structures), and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). 110 20240521 ts24 Item 7: Staff Report Pg. 9 Packet Pg. 175 of 554 Item 7 *NOT YET APPROVED* Attachment A - Interim Ordinance Extending At - grade and Parklet Dining SECTION 14. Effective Date and Sunset Dates on Ramona This Ordinance shall be effective 31 days after adoption. Subject to future Council action, the provisions of this ordinance allowing eating and drinking establishments, retail establishments, and other uses on temporarily closed streets and in public and private parking lots in Sections 5, 6, 10 and 11 of this Ordinance shall remain in effect until December 31, 2024. The remainder of the provisions in sections 5, 6, 10, and 11, including those provisions allowing parklets shall remain in effect until July 31, 2024. Notwithstanding the paragraph above, only for the portion of Ramona Avenue closed to vehicular traffic: the provisions of this ordinance allowing eating and drinking establishments, retail establishments, and other uses on temporarily closed streets and in parklets in Sections 5, 6, and 11 of this Ordinance shall remain in effect until March 31, 2025 or until such portion of Ramona Avenue reopens to vehicular traffic. The City may adopt regulations for the orderly wind -down of the programs implemented by these provisions, including setting deadlines for teardown and removal. SECTION 15. Uncodified This Ordinance shall not be codified. SECTION 16. Supersedes Ordinance 5603 As of the effective date of this Ordinance, this Ordinance shall supersede Ordinance 5618, and any conflict shall be resolved in favor of this Ordinance. SECTION 17. Delay of Enforcement of the PAMC Chapter 12.11 for Transitioning Permittees and the Portion of Ramona Avenue Closed to Vehicular Traffic The City shall delay enforcement of Ordinance 5594 as codified at PAMC Chapter 12.11 as follows: (a) Beginning July 1, 2024, the City may begin to collect fees for the use of the right-of-way. (b) From April 1, 2024 until October 31, 2024, the City should not take enforcement action for a violation of Chapter 12.11 against a person who has (1) duly filed a pre -application for an ongoing parklet; (2) has a violation caused by the imposition of Chapter 12.11 and its regulations that did not exist prior to the imposition; (3) has met City deadlines for transitioning parklets; and (4) is making a good -faith effort to come into compliance with Chapter 12.11 and its regulations. The City may take any other enforcement action, including if a person is (1) occupying a right of way without a valid permit or other City authorization; (2) maintaining a condition as to negatively affect public safety or welfare; or (3) for an alleged violation of any other law or regulation besides PAMC Chapter 12.11. (c) The City may adopt regulations for the orderly implementation of PAMC 12.11 that do not conflict with this Section. This includes setting deadlines for pre -applications and other submissions, as well as transition progress deadlines. (d) The City shall temporarily delay implementation and enforcement of Chapter 12.11 for the portion of Ramona Avenue closed to vehicular traffic until March 31, 2025. 110 20240521 ts24 Item 7: Staff Report Pg. 10 Packet Pg. 176 of 554 *NOT YET APPROVED* Item 7 Attachment A - Interim Ordinance Extending At - grade and Parklet Dining SECTION 18. Fee is not a Tax on Ramona The fee in this Ordinance is a charge imposed for the use of local government property. Pursuant to Art. XIII C, Section 1(e)(4) of the California Constitution, this fee is not a tax. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Mayor APPROVED: City Manager Director of Public Works Director of Planning & Development Services 110 20240521 ts24 Item 7: Staff Report Pg. 11 Packet Pg. 177 of 554 Item 8 Item 8 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Fire Meeting Date: August 5, 2024 Report #:2405-2997 TITLE PUBLIC HEARING: Consideration of Objections for Weed Abatement Assessments; and Adoption of Resolution Confirming the Weed Abatement Report and Ordering Abatement Costs to be a Special Assessment on the Properties Specified in the Report; CEQA status - categorically exempt. RECOMMENDATION Staff recommends Council: (1) Hold a public hearing to hear and consider objections from affected property owners of proposed assessments related to completed weed abatement work, and (2) Adopt a resolution confirming the report and ordering abatement costs to be a special assessment on the properties specified in the report (Attachment A) EXECUTIVE SUMMARY The Santa Clara County Department of Agriculture and Environmental Management and the City of Palo Alto work together to protect our community from fire. One of the purposes of the Weed Abatement Program is to prevent fire hazards posed by vegetative overgrowth and the accumulation of combustible materials. Adoption of the resolution will result in the total of $41,597.76 imposed as liens on the properties listed in the attachment for the cost of weed abatement work performed. BACKGROUND AND ANALYSIS The Weed Abatement Division of Santa Clara County Agriculture and Environmental Management administers the contract for weed abatement within the City of Palo Alto, in accordance with an agreement established on April 18, 1977, between the City and County. On December 4, 2023, in accordance with Palo Alto Municipal Code Chapter 8.08, the City Council declared weeds to be a nuisance and ordered that the nuisance be abated. A public hearing was held on February 26, 2024, to consider objections to the proposed destruction or removal of the weeds. Two objections were noted and both properties were removed from the weed abatement list. Item 8: Staff Report Pg. 1 Packet Pg. 178 of 554 Item 8 Item 8 Staff Report Property owners were notified the first week in January 2024 that weeds were to be abated by April 30, 2024, either by the owners or by the County. If the property owners chose to have the County abate the weeds, the abatement charges would be levied against the respective properties as an assessment by the County Assessor. Once the above steps had been taken, the County Weed Abatement Division instructed its contractor to abate weeds on City and private properties within Palo Alto. That work has now been completed. The County has since informed the property owners of the costs for destroying and removing the weeds. The City Clerk has published the required notice of this hearing in the Palo Alto Daily Post. The cost report by the County Weed Abatement Division has been posted on the City Hall Plaza bulletin board for at least ten (10) days prior to this hearing. Property owners may object to the charges for weed abatement being levied against their properties. The charge consists of the contractor's cost, plus 150 percent administrative charges, in accordance with Palo Alto's contract with Santa Clara County (CMR #7527, December 12, 2016). A representative from the County Weed Abatement Division will be present at the public hearing with the records of weed abatement that have taken place. Should there be any modifications in the proposed assessments as a result of the hearing, changes in the assessment spread will be made as necessary. After any recalculations are completed, and Council adopts the attached resolution confirming the abatements and ordering those costs to be imposed as liens on the abated properties, the assessments will be submitted to the County Assessor for entry on the October tax roll upon which general City taxes are to be collected. FISCAL/RESOURCE IMPACT There is no direct fiscal impact of this action to the City. The assessments identified on Exhibit A of the resolution, totaling $41,597.76, will be imposed as liens on the properties listed and will be borne by the property owners, not the City. STAKEHOLDER ENGAGEMENT The entire weed abatement program is coordinated by the Santa Clara County Department of Agriculture and Environmental Management. Coordination includes contracts, inspections, nuisance reports/lists and fees. ENVIRONMENTAL REVIEW The Weed Abatement Program is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308. ATTACHMENTS Attachment A: Weed Abatement Resolution with 2024 Palo Alto Assessment Report APPROVED BY: Geoffrey Blackshire, Fire Chief Item 8: Staff Report Pg. 2 Packet Pg. 179 of 554 NOT YET APPROVED Item 8 Attachment A - Weed Abatement Resolution with 2024 PA Assessment Resolution No. Report Resolution Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein RECITALS A. The Council of the City of Palo Alto has heretofore declared weeds growing on certain properties within the City to be a public nuisance by Resolution No. 10135, dated December 4, 2023. B. The Council on February 26th, 2024 held a public hearing for objections to the proposed destruction and removal of weeds at the properties indicated in the County's list for weed abatement. C. The Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has caused to be abated the weeds on the properties described in the County's list for weed abatement; and D. The Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has filed his report and assessment list for weed abatement as provided by law and a public hearing was held on August 5, 2024, for objections to said report and assessment list and for confirmation; and E. The Council has duly considered the report and assessment list and any objections thereto. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The report and assessment list are in all respects complete and correct and is hereby confirmed. The amounts of the cost for abating the nuisance are confirmed and those remaining unpaid, as shown on Exhibit A attached hereto and incorporated herein, shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the respective assessment. SECTION 2. All written or oral protests or objections to said report and assessment list are overruled or denied. SECTION 3. The unpaid assessments shown on Exhibit A shall be entered upon the next tax roll against the parcels of land and shall be collected at the same time and in the same manner as general City taxes, subject to the same interest and penalties, and subject to the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to this special assessment. 114_20240724_t524 Item 8: Staff Report Pg. 3 Packet Pg. 180 of 554 Item 8 Attachment A - Weed NOT YET APPROVED Abatement Resolution with 2024 PA Assessment SECTION 4. The weed abatement program is categorically exempt from C Report A Guidelines Section 15308. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Mayor APPROVED: City Manager Fire Chief Director of Administrative Services 114_20240724_t524 Item 8: Staff Report Pg. 4 Packet Pg. 181 of 554 2024 WEED ABATEMENT PROGRAM Item8 ASSESSMENT REPORT AttachmentA-Weed Abatement ibit A CITY OF PALO ALTO Resolution with 2024 PA Assessment Report OLL Situs APN OWNER ADDRESS AMT 1605 Edgewood 003-12-002 Miao, Nina Yanti 931 Clara Dr PALO ALTO 94303-4002 $2,552.31 136 Lois 003-38-044 Firouzdor, Vahid And Nejati , Elham 30 Melrose Ct HILLSBOROUGH 94010 $96.00 170 Iris 003-41-008 Xia, Fan And Zhou , Yuan 170 Iris Way PALO ALTO 94303-3036 $96.00 782 Greer 003-41-065 Deng, Jingjing And Jiang , Lijun 20653 Cheryl Dr CUPERTINO 95014 $96.00 1938 Charming 003-42-039 Haley, Philip H Trustee & Et Al 506 Eisenhower St DAVIS 95616 $96.00 1071 Embarcadero 003-42-055 Kothary, Nishita N And Shah , Niraj 1071 Embarcadero Rd PALO ALTO 94303-3149 $96.00 1211 Fulton 003-43-039 Hara, Michael W Trustee & Et Al 88 Shearer Dr ATHERTON 94027 $96.00 2385 St Francis 003-48-021 Zadik, Yair And Linda 2385 St Francis Dr PALO ALTO 94303-3136 $96.00 2075 Louis 003-50-021 Keller, Jeffrey R 2075 Louis Rd PALO ALTO 94303-3452 $642.00 946 El Cajon 003-52-057 Zhang, Songqing Trustee & Et Al 179 Walter Hays Dr PALO ALTO 94303-2924 $96.00 864 Embarcadero 003-56-002 Choi, Ben Chung-ming Trustee & Et 268 Castro St MOUNTAIN VIEW 94041-1204 $96.00 742 Southampton 003-59-041 Agrawal, Parag And Agarwala, 855 El Camino Real Ste 13a PALO ALTO 94301 $96.00 260 Byron 120-02-030 Liveright, Michael 260 Byron St PALO ALTO 94301-1307 $642.00 655 Embarcadero 120-08-023 L S & Co Partnership 555 Byron St Unit 105 PALO ALTO 94301-1303 $642.00 733 Ramona 120-27-063 Koda, Ross K Trustee P O Box 156 SOUTH DOS PALOS 93665 $96.00 2220 Bryant 124-14-024 L S & Co. 555 Byron St Unit 105 PALO ALTO 94301 $642.00 1001 Colorado 127-04-091 Tsunoda Roland T 1001 Colorado Ave PALO ALTO 94303-3806 $642.00 4102 Sutherland 127-16-005 Yurchenco, James R 4102 Sutherland Dr PALO ALTO 94303-4730 $96.00 3951 Sutherland 127-17-014 Chan, Allan Fukwah And Lam, 3951 Sutherland Dr PALO ALTO 94303-4726 $96.00 Report Date: 7/5/2024 (List Sorted by APN) Page 1 Item 8: Staff Report Pg. 5 1 Packet Pg. 182 of 554 2024 WEED ABATEMENT PROGRAM Item8 ASSESSMENT REPORT AttachmentA-Weed Abatement ibit A CITY OF PALO ALTO Resolution with 2024 PA Assessment Report OLL Situs APN OWNER ADDRESS AMT 20 3640 Lupine 127-21-140 Luu, Jane And Ng ,David M 3640 Lupine Ave PALO ALTO 94303-4431 $96.00 21 3189 Louis 127-24-031 Kato, Takashi And Ayano 3189 Louis Rd PALO ALTO 94303-3955 $642.00 22 Moreno 127-33-064 E & R Inv Properties Llc Et Al Po Box 500 BURLINGAME 94011 $96.00 23 924 Colordado 127-40-006 Lin Stanley B And Jean Lai Trustee 1037 High St PALO ALTO 94301-2425 $96.00 24 464 Colorado 132-08-115 Tanphaichitr, Saksiri M And Bellers, 464 Colorado Ave PALO ALTO 94306-2414 $96.00 25 454 Colorado 132-08-118 Ramchandran, Asish And Kavitha 2657 Kipling St PALO ALTO 94306 $96.00 26 2689 Bryant 132-13-055 Chou, Lynn H L Po Box 60416 PALO ALTO 94306 $642.00 27 3166 Kipling 132-15-002 Pao, Joy J And Ke, Shian-ren 67 Orchard Hills St ATHERTON 94027 $96.00 28 354 El Verano 132-16-088 Zhou, Zheng Trustee 354 El Verano Ave PALO ALTO 94306-2952 $96.00 29 3120 Cowper 132-20-155 Valentine, Mary E 3120 Cowper St PALO ALTO 94306-3001 $96.00 30 339 El Verano 132-21-022 Mizote, Harumi Trustee 339 El Verano Ave PALO ALTO 94306-2940 $642.00 31 309 El Verano 132-21-023 Zhang, Qianli And Qiu , Yunfeng 309 El Verano Ave PALO ALTO 94306-2940 $96.00 32 3271 Bryant 132-21-027 Conlin, Charlene M Trustee 25210 Jake St VENETA 97487 $96.00 33 3535 Bryant 132-22-034 Darden, Ruthie L Trustee 3535 Bryant St PALO ALTO 94306-4263 $96.00 34 3503 Bryant 132-22-038 Chang, Peipei And Yang, Calvin K 3503 Bryant St PALO ALTO 94306-4263 $642.00 35 3358 Bryant 132-22-070 Beeson, Donald H Trustee Po Box 60458 PALO ALTO 94306 $642.00 36 3502 Bryant 132-22-091 3502 Bryant Llc 3502 Bryant Street PALO ALTO 94306 $96.00 37 3533 Ramona 132-22-097 Tang, Dexter Chihung Trustee & Et A 3533 Ramona St PALO ALTO 94306-3549 $96.00 38 3541 Bryant 132-23-033 Kaposhilin, Nicholas Trustee 936 N California Ave PALO ALTO 94303-3405 $96.00 Report Date: 7/5/2024 (List Sorted by APN) Page 2 Item 8: Staff Report Pg. 6 1 Packet Pg. 183 of 554 2024 WEED ABATEMENT PROGRAM Item8 ASSESSMENT REPORT AttachmentA-Weed Abatement ibit A CITY OF PALO ALTO Resolution with 2024 PA Assessment Report OLL Situs APN OWNER ADDRESS AMT 39 84 Roosevelt 132-23-055 Leung, John Ka Yu And Joanna Kong Po Box 5358 SAN MATEO 94402-0358 $96.00 40 76 Roosevelt 132-23-059 Liu, Jenkuei Trustee & Et Al 4039 Scripps Ave PALO ALTO 94306-4535 $96.00 41 179 El Dorado 132-25-021 Mane, Manoj Bajirao & Manoj 9 Roman Eagle Ct PLEASANTON 94566 $96.00 42 2876 Emerson 132-26-006 Hsu, Yen -fen Trustee 2876 Emerson St PALO ALTO 94306-2350 $96.00 43 2886 Emerson 132-26-007 Narayana, Sharath Keshava And 2886 Emerson St PALO ALTO 94306-2350 $96.00 44 11 Roosevelt 132-29-014 Qi, Feng And Chen , Cheng-na 11 Roosevelt Cir PALO ALTO 94306-4217 $96.00 45 34 Roosevelt 132-29-061 Lyons, Charles P Trustee & Et Al 34 Roosevelt Cir PALO ALTO 94306-4216 $642.00 46 18 Roosevelt 132-29-069 Bernstein, Amir D Trustee 18 Roosevelt Cir PALO ALTO 94306 $96.00 47 3780 Wright 132-30-017 Axelrod, Herbert And Fumiko 3780 Wright Place PALO ALTO 94306 $96.00 48 3830 Carlson 132-30-058 Cheng, Jing 4521 Campus Dr Unit 363 IRVINE 92612 $96.00 49 Birch 132-33-060 At&t Comms Of Calif Inc 1090 E Duane Ave SUNNYVALE 94085 $642.00 50 3675 Park 132-34-045 Basler, Joshua R 3675 Park Blvd PALO ALTO 94306-2853 $96.00 51 3605 Park 132-34-050 Pan, Nancy And Lee ,Benson 3605 Park Blvd PALO ALTO 94306-2853 $96.00 52 3561 Park 132-34-052 Mahal, Jaswinder 180 Park Sharon Dr SAN JOSE 95136-2535 $96.00 53 210 Wilton 132-35-012 Chase Wilton Llc 3024 Ross Rd PALO ALTO 94303-4102 $96.00 54 451 Wilton 132-35-025 Song, Zhiqiang And Chen , Weiwei 451 Wilton Ave PALO ALTO 94306-2859 $96.00 55 365 Wilton 132-35-033 Tong, Peter And Pao, Chung Chian 18444 Forest Crossing Ct OLNEY 20832 $96.00 56 215 Wilton 132-35-042 Godshall, Kelvin V Et Al 215 Wilton Ave PALO ALTO 94306-2855 $96.00 57 421 Fernando 132-39-037 Williger, Edward M P O Box 20089 STANFORD 94309-0089 $642.00 Report Date: 7/5/2024 (List Sorted by APN) Page 3 Item 8: Staff Report Pg. 7 1 Packet Pg. 184 of 554 2024 WEED ABATEMENT PROGRAM Item8 ASSESSMENT REPORT AttachmentA-Weed Abatement ibit A CITY OF PALO ALTO Resolution with 2024 PA Assessment Report OLL Situs APN OWNER ADDRESS AMT 58 389 Matadero 132-40-053 Mahany, Gary W And Kemp, Susan 389 Matadero Ave PALO ALTO 94306-2833 $96.00 59 4032 Park 132-43-025 Zhu, Li And Wan , Fanny Trustee 33345 7th St UNION CITY 94587 $96.00 60 3130 Ramona 132-48-033 Ding, Zhimin And Zhu , Xinyi 3130 Ramona St PALO ALTO 94306-2922 $96.00 61 613 Stanford 137-01-059 Baumann, John R Trustee 613 Stanford Ave PALO ALTO 94306-1412 $642.00 62 2123 Yale 137-01-134 Liang, Ke 33206 Falcon Dr FREMONT 94555 $96.00 63 2321 Wellesley 137-02-024 Culpepper, Benjamin J 335 Panoramic Way BERKELEY 94704 $96.00 64 1082 Coolege 137-03-036 1080capa Llc 3028 Scott Blvd Unit C SANTA CLARA 95054 $96.00 65 2153 Oberlin 137-03-037 Mendelowitz, Louis! 2153 Oberlin St PALO ALTO 94306-1318 $96.00 66 2017 Oberlin 137-03-047 Stanford Jewish Center Inc 1289 College Ave PALO ALTO 94306-1345 $96.00 67 2276 Harvard 137-05-016 Bussey, Jason M And Sachiko 2276 Harvard St PALO ALTO 94306-1351 $96.00 68 2195 Columbia 137-06-036 Edelman, Andrea Trustee 2195 Columbia St PALO ALTO 94306-1233 $96.00 69 3700 El Camino Real 137-11-078 Kss Investment Llc 1380 Miravalle Ave LOS ALTOS 94024-5744 $96.00 70 3793 La Donna 137-12-016 Mehta, Bijal And Pallavi Trustee 3793 La Donna Ave PALO ALTO 94306-3151 $96.00 71 721 Barron 137-13-042 Ashworth, Darren M And Imane Z 721 Barron Ave PALO ALTO 94306 $96.00 72 788 Los Robles 137-13-112 Bloomquist, Lynda L Trustee 788 Los Robles Av PALO ALTO 94306-3159 $1,973.03 73 4025 Orme 137-20-044 Zhu Jay Jiabi Trustee & Et Al 827 Richardson Ct PALO ALTO 94303-4152 $642.00 74 4146 El Camino Real 137-24-034 Juan, Chung-chiung And Su Chen 6 Atherton Oaks Ln ATHERTON 94027 $3,332.11 75 3460 Hillview 142-16-059 Leland Stanford Jr Univ The Bd 26 N Euclid Ave PASADENA 91101 $96.00 76 1050 Arastradero 142-16-060 Leland Stanford Jr Univ Bd 300 Pasteur Dr Alway Bldg STANFORD 94305 $96.00 Report Date: 7/5/2024 (List Sorted by APN) Page 4 Item 8: Staff Report Pg. 8 1 Packet Pg. 185 of 554 2024 WEED ABATEMENT PROGRAM Item8 ASSESSMENT REPORT AttachmentA-Weed Abatement ibit A CITY OF PALO ALTO Resolution with 2024 PA Assessment Report OLL Situs APN OWNER ADDRESS AMT 77 3495 Deer Creek 142-16-062 Leland Stanford Jr Univ Board 150 Portola Rd PORTOLA VALLEY 94025 $2,134.56 78 Deer Creek 142-16-064 Leland Stanford Jr Univ The Bd Of 415 Broadway St 3rd Fir REDWOOD CITY 94063 $96.00 79 3500 Deer Creek 142-16-066 Leland Stanford Jr University Board 5301 Stevens Creek Blvd SANTA CLARA 95051-7201 $3,621.75 80 4208 Ruthelma 148-02-002 Shiu, Boon W And Choi , Keehyun 4208 Ruthelma Ave PALO ALTO 94306-4109 $96.00 81 4206 Darlington 148-03-037 Ferreira, Kavitha And Joao Carlos 4206 Darlington Ct PALO ALTO 94306-4129 $96.00 82 4236 Darlington 148-03-044 Wang, Youxiang And Li , Zhengqi 4236 Darlington Ct PALO ALTO 94306-4129 $96.00 83 4201 Park 148-03-060 Bordia, Anupam And Surbhi 4201 Park Blvd PALO ALTO 94306-4144 $96.00 84 4338 Silvia 148-12-013 Karupasamy, Karthikeyan Trustee & 444 Del Medio Ave MOUNTAIN VIEW 94040-1161 $96.00 85 4346 Silva 148-12-014 Jiang, Wei And Han, Qiuxia 4346 Silva Ave PALO ALTO 94306-4421 $96.00 86 4350 Silva 148-12-016 Brown, Thomas C And Wang, Kuo- 4350 Silva Ct PALO ALTO 94306-4422 $96.00 87 4388 Silva 148-12-028 Yin, Jun And Duanmu , Lan 4388 Silva Ct PALO ALTO 94306-4422 $96.00 88 633 Arastradero 167-06-016 Bonthu, Anand Trustee & Et Al 633 Arastradero Rd PALO ALTO 94306-3838 $96.00 89 639 Arastradero 167-06-063 New Atlantis Llc 639 Arastradero Rd PALO ALTO 94306-3838 $96.00 90 4179 Oak Hill 175-01-025 Bachrach, Sylvia Rashmi Trustee & 12 Starr Way MOUNTAIN VIEW 94040 $642.00 91 4169 Oak Hill 175-01-026 Bachrach, Sylvia R Trustee 12 Starr Way MOUNTAIN VIEW 94040 $96.00 92 849 Mesa 175-01-037 Jalilian, Mohammad 849 Mesa Ave PALO ALTO 94306-3710 $96.00 93 4243 Manuela 175-02-053 Weakland, Alan Trustee & Et Al 515 Flower St S Floor 25 LOS ANGELES 90071 $2,620.50 94 4103 Old Trace 175-20-078 Smithwick Alton D And Ursula L Po Box 60065 PALO ALTO 94306 $3,943.50 95 890 Mockingbird 175-20-082 Joshi, Vivek Trustee & Et Al 5209 Watusi Bnd AUSTIN 78732-4403 $96.00 Report Date: 7/5/2024 (List Sorted by APN) Page 5 Item 8: Staff Report Pg. 9 Packet Pg. 186 of 554 2024 WEED ABATEMENT PROGRAM ASSESSMENT REPORT CITY OF PALO ALTO Situs APN OWNER ADDRESS Old Adobe 175-20-092 Waters, Christopher J Trustee & Et Old Adobe 175-20-105 Hao, Hsieh T And Ming C Trustee Old Adobe 175-20-110 Vilkin, Peter D Trustee Alexis 182-35-035 Palo Alto Hills Golf And Country Alexis 182-43-024 Von Clemm, Peter F And Jennifer J Laurel Glen 182-43-038 Jacobsen, Ruth E Trustee Laurel Glen 182-49-004 Bogerty, Sharon D Laurel Glen 182-54-006 Yeh Knoll Holding Inc A Barbados Laurel Glen 182-54-012 Sheth, Beerud Trustee & Et Al Laurel Glen 182-54-013 Ngai Family Trust Item 8 Attachment A- Weed Abatement ibit A Resolution with 2024 PA Assessment Report • OLL AMT 609 Arboleda Dr LOS ALTOS 94024 $642.00 4150 Old Adobe Rd PALO ALTO 94306-3726 $96.00 3790 El Camino Real Unit 176 PALO ALTO 94306 $96.00 3000 Alexis Dr PALO ALTO 94304-1303 $642.00 3130 Alexis Dr PALO ALTO 94304-1305 $96.00 966 Laurel Glen Dr PALO ALTO 94304-1322 $642.00 951 Laurel Glen Dr PALO ALTO 94304-1323 $96.00 Ice House St CENTRAL HONG KONG $642.00 931 Laurel Glen Dr PALO ALTO 94304-1323 $642.00 3121 Bandera Drive PALO ALTO 94304 $642.00 TOTAL $41,597.76 Report Date: 7/5/2024 (List Sorted by APN) Page 6 Item 8: Staff Report Pg. 10 Packet Pg. 187 of 554 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: August 5, 2024 Report #:2406-3197 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 9: Staff Report Pg. 1 Packet Pg. 188 of 554 Item 9 Item 9 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 9: Staff Report Pg. 2 Packet Pg. 189 of 554 Item 9 Item 9 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 9: Staff Report Pg. 3 Packet Pg. 190 of 554 Item 9 Item 9 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 9: Staff Report Pg. 4 Packet Pg. 191 of 554 Item 9 Item 9 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 9: Staff Report Pg. 5 Packet Pg. 192 of 554 Item 9 Item 9 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 9: Staff Report Pg. 6 Packet Pg. 193 of 554 Item 9 Item 9 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 9: Staff Report Pg. 7 Packet Pg. 194 of 554 Item 9 Item 9 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 9: Staff Report Pg. 8 Packet Pg. 195 of 554 Item 9 Item 9 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 9: Staff Report Pg. 9 Packet Pg. 196 of 554 Item 9 Item 9 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 9: Staff Report Pg. 10 Packet Pg. 197 of 554 Item 9 Item 9 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 1 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 9: Staff Report Pg. 11 Packet Pg. 198 of 554 Item 9 Item 9 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 9: Staff Report Pg. 12 Packet Pg. 199 of 554 Item 9 Item 9 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 9: Staff Report Pg. 13 Packet Pg. 200 of 554 Item 9 Item 9 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 9: Staff Report Pg. 14 Packet Pg. 201 of 554 Item 9 Item 9 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-El-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 9: Staff Report Pg. 15 Packet Pg. 202 of 554 Item 9 Item 9 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. Land Use and Community Desi&n Element The NVCAP creates a series of new land use designations that are specific to the plan area. The resolution adopting the NVCAP includes a few minor changes to the Land Use and Community Design Element to reflect these new designations. In short, the resolution amends the Land Use and Community Design Element to acknowledge that Area Plans, like the NVCAP and SOFA CAPs have their own land use designations, which are defined within the respective documents. The Land Use Map (Map L-6) will also be updated to clearly delineate areas that are subject to an Area Plan. 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 Item 9: Staff Report Pg. 16 Packet Pg. 203 of 554 Item 9 Item 9 Staff Report 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 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. Item 9: Staff Report Pg. 17 Packet Pg. 204 of 554 Item 9 Item 9 Staff Report 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 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 Item 9: Staff Report Pg. 18 Packet Pg. 205 of 554 Item 9 Item 9 Staff Report 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. 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 9: Staff Report Pg. 19 Packet Pg. 206 of 554 Item 9 *** NOT YET APPROVED *** AttachmentA - Draft Resolution to Certify the SEIR and Adopt the RESOLUTION NO. NVCAP 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 adopted a Resolution No. 9717 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 9: Staff Report Pg. 20 Packet Pg. 207 of 554 Item 9 *** NOT YET APPROVED *** AttachmentA - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 9: Staff Report Pg. 21 Packet Pg. 208 of 554 Item 9 Attachment A - Draft ** NOT YET APPROVED ** Resolution to Certify the SEIR and Adopt the public workshops, meetings, and hearings; (7) all other matters of common know NVCAP 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. 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 9: Staff Report Pg. 22 Packet Pg. 209 of 554 Item 9 *** AttachmentA - Draft NOT YET APPROVED ** Resolution to Certify the SEIR and Adopt the are not significant new information under CEQA because such changes an NVCAP 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 9: Staff Report Pg. 23 Packet Pg. 210 of 554 Item 9 *** 'K'AttachmentA-Draft NOT YET APPROVED Resolution to Certify the SEIR and Adopt the project requirements incorporated as part of the Project and feasible mitigation rL NVCAP 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 9: Staff Report Pg. 24 Packet Pg. 211 of 554 Item 9 *** AttachmentA - Draft NOT YET APPROVED ** Resolution to Certify the SEIR and Adopt the The 2030 Comprehensive Plan Update FEIR maps the NVCAP and surrounding are NVCAP 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 9: Staff Report Pg. 25 Packet Pg. 212 of 554 Item 9 *** *** Attachment A - Draft NOT YET APPROVED Resolution to Certify the SEIR and Adopt the • Use smaller equipment to minimize vibration levels below the lim NVCAP • 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 9: Staff Report Pg. 26 Packet Pg. 213 of 554 Item 9 Attachment A - Draft ** NOT YET APPROVED ** Resolution to Certify the SEIR and Adopt the A qualified archaeologist and a Native American monitor, registered with NVCAP n 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 9: Staff Report Pg. 27 Packet Pg. 214 of 554 Item 9 *** AttachmentA - Draft NOT YET APPROVED ** Resolution to Certify the SEIR and Adopt the activities shall be evaluated for eligibility for listing in the California Regis NVCAP 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 0160103_20230504_ay16 Item 9: Staff Report Pg. 28 Packet Pg. 215 of 554 Item 9 Attachment A - Draft ** NOT YET APPROVED ** Resolution to Certify the SEIR and Adopt the of feasible mitigation measures. Those impacts, along with mitigation measures tL NVCAP he 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: 1C 0160103_20230504_ay16 Item 9: Staff Report Pg. 29 Packet Pg. 216 of 554 Item 9 "u''K''AttachmentA-Draft NOT YET APPROVED Resolution to Certify the SEIR and Adopt the Enhanced pedestrian and bicycle connections between commerce NVCAP 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 9: Staff Report Pg. 30 Packet Pg. 217 of 554 Item 9 Attachment A - Draft ** NOT YET APPROVED ** Resolution to Certify the SEIR and Adopt the minimum, require new development projects above a specific size thresh NVCAP 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, PM10, 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 CEQA 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 9: Staff Report Pg. 31 Packet Pg. 218 of 554 Item 9 *** 'K''AttachmentA-Draft NOT YET APPROVED Resolution to Certify the SEIR and Adopt the (b) Mitigation Measures. The following mitigation measure will be adopted and NVCAP 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 Proiect 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 9: Staff Report Pg. 32 Packet Pg. 219 of 554 Item 9 *** 'K''AttachmentA-Draft NOT YET APPROVED Resolution to Certify the SEIR and Adopt the feasible mitigation measures, that a project will still cause one or more significant NVCAP cts 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 9: Staff Report Pg. 33 Packet Pg. 220 of 554 *** NOT YET APPROVED *** objectives. Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 9: Staff Report Pg. 34 Packet Pg. 221 of 554 Item 9 Attachment A - Draft *** NOT YET APPROVED 'K'' Resolution to Certify the SEIR and Adopt the residents amenities and services conveniently located within walking disc NVCAP 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, attached hereto as Exhibit C and 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. 1E 0160103_20230504_ay16 Item 9: Staff Report Pg. 35 Packet Pg. 222 of 554 Item 9 *** 'K'AttachmentA - Draft NOT YET APPROVED Resolution to Certify the SEIR and Adopt the The NVCAP was developed through diligent effort by the City to a NVCAP 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. Additional amendments to the Land Use and Community Design Element of the Comprehensive Plan are necessary to reflect adoption of the NVCAP; these amendments are in the public interest as they implement the NVCAP and the land use policies and programs contained therein. Specific Comprehensive Plan Amendments are shown in detail in the attached Exhibit B. 5. 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. 6. The Director of Planning and Development Services is directed to make the necessary changes to the Comprehensive Plan Land Use Map to reflect this amendment. I- II // // // // I- II I- II // // // 17 0160103_20230504_ay16 Item 9: Staff Report Pg. 36 Packet Pg. 223 of 554 *** NOT YET APPROVED *** SECTION 9. Effective Date. This resolution will be effective upon adoption by the City Council. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Chief Assistant City Attorney 18 Mayor Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP APPROVED AS TO CONTENT: City Manager Director of Planning and Development Services 0160103_20230504_ay16 Item 9: Staff Report Pg. 37 Packet Pg. 224 of 554 Exhibit A Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 9: StaffReport Pg. 38 Packet Pg. 225 of 554 1 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 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 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 9: Staff Report Pg. 39 1 Packet Pg. 226 of 554 JUNE 2024 Item 9 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 NORTH VENTURA COORDINATED I Attachment A- Draft Resolution to MITIGATION MONITORIN Certify the SEIR and Adopt the NVCAP ENTAL EIR ALO ALTO 0GRAM 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 9:StaffReportPg.40 Packet Pg. 227of554 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 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 9: Staff Report Pg. 41 1 Packet Pg. 228 of 554 JUNE 2024 Item 9 NORTH VENTURA COORDINATED I Attachment A- Draft Resolution to MITIGATION MONITORIN 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. Certify the SEIR and Adopt the NVCAP ENTAL EIR ALO ALTO 0GRAM 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 Item 9:StaffReportPg.42 Packet Pg. 229of554 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 project 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 9: Staff Report Pg. 43 1 Packet Pg. 230 of 554 JUNE 2024 Item 9 NORTH VENTURA COORDINATED I Attachment A- Draft Resolution to MITIGATION MONITORIN Certify the SEIR and Adopt the NVCAP ENTAL EIR ALO ALTO 0GRAM 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 9:StaffReportPg.44 Packet Pg. 231of554 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 9: Staff Report Pg. 45 1 Packet Pg. 232 of 554 JUNE 2024 Item 9 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. NORTH VENTURA COORDINATED I Attachment A- Draft Resolution to MITIGATION MONITORIN Certify the SEIR and Adopt the NVCAP ENTAL EIR ALO ALTO 0GRAM 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 9:StaffReportPg.46 Packet Pg. 233of554 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 9: Staff Report Pg. 47 1 Packet Pg. 234 of 554 JUNE 2024 Item 9 NORTH VENTURA COORDINATED I Attachment A- Draft Resolution to MITIGATION MONITORIN Certify the SEIR and Adopt the NVCAP ENTAL EIR ALO ALTO 0GRAM 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 9:StaffReportPg.48 Packet Pg. 235of554 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 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 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 9: Staff Report Pg. 49 Packet Pg. 236 of 554 JUNE 2024 Item 9 NORTH VENTURA COORDINATED I Attachment A- Draft Resolution to MITIGATION MONITORIN 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. Certify the SEIR and Adopt the NVCAP ENTAL EIR ALO ALTO 0GRAM 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 9:5taffReportPg.50 Packet Pg. 237of554 13 NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR CITY OF PALO ALTO MITIGATION MONTIORING AND REPORTING PROGRAM Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP 14 Item 9: Staff Report Pg. 51 Packet Pg. 238 of 554 Exhibit B Item 9 PAL IAttachment A- Draft ENS IV E PLAN LAND USE ANDl IIGN ELEMENT Resolution to Certify the SEIR and Adopt the NVCAP State law (California Government Code Section 65302.10) requires the City to address potential regional inequity and infrastructure deficits within disadvantaged unincorporated communities (DUCs) in this Element. There are no DUCs within the Palo Alto Sphere of Influence (SOI) with public services or infrastructure needs or deficiencies. Palo Alto Airport (PAO) is a general aviation airport owned and operated by the City of Palo Alto. PAO occupies 102 acres of land east of Highway 101 in the baylands and has one paved runway. The airport functions as a reliever to three Bay Area airports. PAO facilities include an air traffic control tower operated by the Federal Aviation Administration and a terminal building. Flight clubs and fixed base operators operate on -site, offering fuel sales, flight lessons, pilot training and aircraft sales, rentals, maintenance and repair. From 1967 to 2015, PAO was operated by Santa Clara County under a lease agreement. Operations and control have since been transferred to the City and key challenges ahead include addressing deterioration of runway conditions, addressing noise impacts and hours of operation and the relationship between the Airport and the Baylands Master Plan. Map L-6 shows each land use designation within the city of Palo Alto. The land use designations translate the elements of city structure into a detailed map that presents the community's vision for future land use development and conservation on public and private land in Palo Alto through the year 2030. Land use designations specific to neighborhoods covered by Area Plans are defined in detail within the corresponding 31 Item 9: Staff Report Pg. 52 Packet Pg. 239 of 554 PALO ALTO COMPREHENSIVE PLAN LAND USE AND COMMUNITY DESIGN ELEMENT Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP Area Plan policy documents. Residential densities are expressed in terms of dwelling units per acre. Population densities per acre are not absolute limits. Building intensities for non-residential uses are expressed in terms of floor area ratio (FAR), which is the ratio of gross building floor area (excluding areas designated for parking, etc.) to net lot area, both expressed in square feet. FAR does not regulate building placement or form, only the spatial relationship between building size and lot size; it represents an expectation of the overall intensity of future development. The maximums assigned to the land use designations below do not constitute entitlements, nor are property owners or developers guaranteed that an individual project, when tested against the General Plan's policies, will be able or permitted to achieve these maximums. LAND USE DEFINITIONS ADGA DI AM Area Plans may include unique land use designations within their boundaries, applicable only to the corresponding area. These distinct designations for different Area Plans are described in detail within the respective Area Plan policy documents. OPEN SPACE Publicly Owned Conservation Land: Open lands whose primary purpose is the preservation and enhancement of the natural state of the land and its plants and animals. Only resource management, recreation and educational activities compatible with resource conservation are allowed. Public Park: Open lands whose primary purpose is public access for active recreation and whose character is essentially urban. These areas, which may have been planted with non -indigenous landscaping, may Item 9: Staff Report Pg. 53 Packet Pg. 240 of 554 PALO ALTO GENERAL PLAN UPDATE LAND USE ELEMENT SOFAICAP SOFA II CAP Menlo Park Baylands Master Plan 101 �pEMBNRClxv1 Ow �� PJk}Q O cast Palo Alto Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP / it ♦ 5 A N F R A� N C I S C O A Y Lw/naad ' O Mountain View A EEEEEL' 1 � 7 i r \\ Los Altos Los Altos Hills O o o.izs o.zs os o.�s i ____________________ Comprehensive Plan Land Use Designations NVCAP Residential Other Campus Open Space }'- Single Family Res SOFA II CAP Special Conservation Multi -Family Res SOFA I CAP Lake/Reservoir Mixed Use School District Land O Caltrain Stations Commercial Major Institution/Special Facility Urban Service Area Hotel Commercial _____ Streamside Open Space _i City Boundary Service Commercial Public Park L.Sphere of Influence Neighborhood Commercial Open Space/Controlled Development ._J t—' Railroads MMRegional/Community Commercial Public Conservation Land Business/Industrial Stanford University Land Use Designations Light Industrial Academic Campus Research/Office Park Campus Residential - Low Density Campus Residential - Moderate Density Open Space/Field Research Source: ESRI, 2010; Tiger Lines, 2010; USG5, 2010; NH D, 2013; City of Palo Alto, 2013; PlaceWorks, 2015 As amended on December 19, 2022 SAN FRAN C IS p I Item 9: Staff Report Pg. 54 MAP L-6 ES I G N A T I ON S Packet Pg. 241 of 554 Exhibit C: This Exhibit is provided as Attachment G to Council report 2406-3197. Item 9 Attachment A - Draft Resolution to Certify the SEIR and Adopt the NVCAP Item 9: Staff Report Pg. 55 Packet Pg. 242 of 554 NOT YET APPROVED Item 9 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 9: Staff Report Pg. 56 Packet Pg. 243 of 554 NOT YET APPROVED Item 9 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 9: Staff Report Pg. 57 Packet Pg. 244 of 554 NOT YET APPROVED Item 9 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 9: Staff Report Pg. 58 Packet Pg. 245 of 554 ATTACHMENT F Item 9 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 9: Staff Report Pg. 59 Packet Pg. 246 of 554 NOT YET APPROVED Item 9 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 9: Staff Report Pg. 60 Packet Pg. 247 of 554 NOT YET APPROVED Item 9 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 9: Staff Report Pg. 61 Packet Pg. 248 of 554 Item 9 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 9: Staff Report Pg. 62 Packet Pg. 249 of 554 Item 9 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 9: Staff Report Pg. 63 Packet Pg. 250 of 554 NOT YET APPROVED Item 9 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 9: Staff Report Pg. 64 Packet Pg. 251 of 554 Item 9 Attachment B - Ordinance NOT YET APPROVED to Implement the NVCA 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 9: Staff Report Pg. 65 Packet Pg. 252 of 554 Item 9 Attachment B - Ordinance NOT YET APPROVED to Implement the NVCA 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 9: Staff Report Pg. 66 Packet Pg. 253 of 554 Item 9 Attachment B - Ordinance NOT YET APPROVED to Implement the NVCA 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 9: Staff Report Pg. 67 Packet Pg. 254 of 554 Item 9 Attachment B - Ordinance NOT YET APPROVED to Implement the NVCA 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 9: Staff Report Pg. 68 Packet Pg. 255 of 554 Item 9 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 9: Staff Report Pg. 69 Packet Pg. 256 of 554 Item 9 Attachment B - Ordinance NOT YET APPROVED to Implement the NVCA 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 9: Staff Report Pg. 70 Packet Pg. 257 of 554 Item 9 Attachment B - Ordinance NOT YET APPROVED to Implement the NVCA 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 9: Staff Report Pg. 71 Packet Pg. 258 of 554 Item 9 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 9: Staff Report Pg. 72 Packet Pg. 259 of 554 Item 9 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 9: Staff Report Pg. 73 Packet Pg. 260 of 554 NOT YET APPROVED Item 9 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 9: Staff Report Pg. 74 Packet Pg. 261 of 554 Item 9 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 9: Staff Report Pg. 75 Packet Pg. 262 of 554 Item 9 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 9: Staff Report Pg. 76 Packet Pg. 263 of 554 Item 9 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 9: Staff Report Pg. 77 Packet Pg. 264 of 554 Item 9 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 9: Staff Report Pg. 78 Packet Pg. 265 of 554 Item 9 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 9: Staff Report Pg. 79 Packet Pg. 266 of 554 Item 9 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 9: Staff Report Pg. 80 Packet Pg. 267 of 554 Item 9 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 9: Staff Report Pg. 81 Packet Pg. 268 of 554 Item 9 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 9: Staff Report Pg. 82 Packet Pg. 269 of 554 Item 9 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 9: Staff Report Pg. 83 Packet Pg. 270 of 554 PTC and ARB Comments on the Public Draft NVCAP Item 9 Attachment F - 2023 PTC and ARB NVCAP Comments and Staff Response 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 9: Staff Report Pg. 84 Packet Pg. 271 of 554 Item 9 Attachment F - 2023 PTC and ARB NVCAP Comments and Staff ID Comment Response 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 9: Staff Report Pg. 85 Packet Pg. 272 of 554 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 Item 9 Attachment F - 2023 PTC and ARB NVCAP Comments and Staff Response 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 9: Staff Report Pg. 86 Packet Pg. 273 of 554 Item 9 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 9: Staff Report Pg. 87 Packet Pg. 274 of 554 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 9 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 9: Staff Report Pg. 88 Packet Pg. 275 of 554 Item 9 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 9: Staff Report Pg. 89 Packet Pg. 276 of 554 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 9 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 9: Staff Report Pg. 90 1 Packet Pg. 277 of 554 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 9 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 9: Staff Report Pg. 91 Packet Pg. 278 of 554 Item 9 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 9: Staff Report Pg. 92 Packet Pg. 279 of 554 Staff Recommended Modifications to Public Draft NVCAP Updated: April 2024 Item 9 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 9: Staff Report Pg. 93 Packet Pg. 280 of 554 Item 9 Attachment G - Final Draft NVCAP North Ventura Coordinated Area Plan Draft Plan: March 2024 June 2024 Clean Version CITY OF PALO ALTO Item 9: Staff Report Pg. 94 1 Packet Pg. 281 of 554 Item 9 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 9: Staff Report Pg. 95 Packet Pg. 282 of 554 Item 9 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 9: Staff Report Pg. 96 Packet Pg. 283 of 554 vi Item 9 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 9: Staff Report Pg. 97 P Packet Pg. 284 of 554 viii Item 9 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: 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, 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 9: Staff Report Pg. 98 P Packet Pg. 285 of 554 Item 9 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 9: Staff Report Pg. 99 xii p Packet Pg. 286 of 554 Item 9 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 9: Staff Report Pg. 100 P Packet Pg. 287 of 554 Item 9 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 9: Staff Report Pg. 101 Packet Pg. 288 of 554 Item 9 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 9 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 9: Staff Report Pg. 103 p Packet Pg. 290 of 554 Item 9 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 El Camino Real to the Caltrain Tracks. For more information and history of the Palo Alto Cannery, go to: The Palo Alto Cannery Spotlight, Pages 14-15 - Arrti - The Matadero Creek Channel is currently a constrained concrete trapezoidal channel. I California Avenue Caltrain Station Clou if Figure 7 Existing Conditions of the NVCAP Plan Area, 2020 —. — Project Boundary Existing Sidewalks O Bus Stops + Major External Connections Traffic Signals Surface Parking I Parks CI S Figure 6 The former Cannery building site is 12.5 a train taboo acres and located 8 North Ventura Coordinated Area Plan NVCAP. Item 9: Staff Report Pg. 104 III,, a Matadero Creek Channel Packet Pg. 291 of 554 9 Item 9 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 9: Staff Report Pg. 105 1 Packet Pg. 292 of 554 11 Item 9 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 9: Staff Report Pg. 106 13 p Packet Pg. 293 of 554 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 Item 9 [Attachment G - Final Draft NVCAP Project Goals .1y On March 5th, 2018, the City Council approved the following goals to ft 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. I. 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 a m a'x including market rate, affordable, "missing to transit, pedestrian, and bicycle facilities, •ii middle" and senior housing in a walkable, mixed- including connections to the Caltrain Station, ;-P 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 I 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. -- r i. I A Balance of Community Interests Urban Design, Design Guidelines, and 1 w � 1 Neighborhood Fabric Balance community -wide objectives with the y interests of neighborhood residents and minimize Develop human -scale urban design strategies, displacement of existing residents, and design guidelines that strengthen w and support the neighborhood fabric. Infill _ development will respect the scale and character of the surrounding residential neighborhood. Sustainability and the Environment i i ri Sri ri e4 x u: Protect and enhance the environment, while _ addressing the principles of sustainability. r i i r ' V 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 exam le of mixed -income multi-famil a artments next 16 North Ventura Coordinated a Plan tf Item 9: Staff Report Pg. 108 17 p Packet Pg. 295 of 554 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 Attachment G - Final Draft NVCAP !j J i 11 s.. pf r r iF 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. Wu M 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. 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 9 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 9: Staff Report Pg. 110 p Packet Pg. 297 of 554 Item 9 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 9: Staff Report Pg. 111 23 p Packet Pg. 298 of 554 Item 9 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 I 16 Item 9: Staff Report Pg. 112 Packet Pg. 299 of 554 Item 9 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. Attachment G - Fir " ' The Community Workshops Two community workshops were held to share ideas, respond to study results, and weigh in on the vision and emerging policies of the plan. The first community workshop was held in February 2019. The community feedback helped to frame 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 on 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 mtin 26 North Ventura Coordinated Area Plan Item 9: Staff Re ort P 113 27 p g• Packet Pg. 300 of 554 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) n Item 9 TO CALTRAIN GREEN TRUCCELE 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.....r--- / / F- M f�0 % �� C. I 1 t1 1a 11 4 / � AFFORDABLE :ECOLOGICAL CORRIDORS ENHANCED MULTI -MODAL RESPECTING EXISTING ,.AND INTERSECTIONS SINGLE FAMILY HOMES HOUSIONS � STREET -ACTIVATING ;;; . BUILDINGS m1 I II. ii rte... Figure 23 The NVCAP Item 9: Staff Report Pg. 115 I Packet Pg. 302 of 554 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 9: Staff Report Pg. 116 33 Packet Pg. 303 of 554 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 9: Staff Report Pg. 117 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 9 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. 304 of 554 Item 9 Attachment G - Final Draft NVCAP Table 4 Proposed NVCAP Development Standards High Density Mixed Use 61-100 30:1 NV-MXH Medium -Density Mixed -Use 31-70 ................................._......_......-.....-._............-.-._._............------ ._..._..._.__._..._..._..._... 55 2.0:1 -...-...-...__...-...-...-...._..._.................._..._..._............. NV-MXM - .4 Low-DensityMixed Use 3-17 35 0.5:1 NV-MXL ------.-...-...-...-...-...-...-........ � . High Density Residential 61 -100 - _. ____ 65 _..... 3.0:1 _ __ NV -R4 -----____-----.. I Medium Density Residential 16-30 45 1.5.1 NV -R3 � --- - -- -- - ---- Ir 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 9: Staff Report Pg. 118 p Packet Pg. 305 of 554 .iyv e Item 9 LJ Attachment G - Final Draft NVCAP Ground Floor Edges The street level is the most important interface between a /;~' building and the public realm. Each o /i` development should define and ft animate the street level, exploring "c 9C �) active uses, transparency, and Q� ' RD 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 _ �' / JJ Figure 32 NVCAP Ground Floor Item 9: Staff Report Pg. 119 REQUIRED RETAIL EDGE 1 I Packet Pg. 306 of 554 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 beset back and elevated to provide privacy for residents. 40 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 120 p Packet Pg. 307 of 554 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 (ShrolnlSt son 42 North Ventura Coordinated Area Plan Figure 36 NVCAP Mobility Framework Item 9: Staff Report Pg. 121 Packet Pg. 308 of 554 43 2.4 Project Goals Transit, Pedestrian, and Bicycle Connections Item 9ii 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 9 Attachment G - Final Draft NVCAP Shared Paths Woonerf ) Separated Bike Lane Bike Boulevard """"""� External Bike Publicly Accessible Connections Shared Paths on Private Property — - — Project Boundary s-� iim/ 4 F Jo: 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 Elm 110 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 9: Staff Report Pg. 123 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. 310 of 554 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. 311 of 554 48 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 124 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 9 GREEN `,\ GREEN STORMWATER Attachment G - Final Draft NVCAP ROOFS ��yy�� INFRASTRUCTURE ® - • PATHWAYSR • rl. URBAN FOREST COMMUNITY NATURALIZED / OPEN SPACE MATADERO CREEK �q IrnT / 4C `S QT oo /' // , // / .:' ' /7Y �I / 1 I Q g II I 1 I f _ 1 f ECOLOGI AC L CORRIDORS AND HABITAT ENERGY EFFICIENT ' BUILDINGS Figure 42 NVCAP Ecology and Sustainability Framework Item 9: Staff Report Pg. 125 Packet Pg. 312 of 554 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 Item 9 Attachment G - Final Draft NVCAP 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 9: Staff Report Pg. 126 53 p Packet Pg. 313 of 554 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 9 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 9: Staff Report Pg. 127 Packet Pg. 314 of 554 55 Item 9 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 9: Staff Report Pg. 128 Packet Pg. 315 of 554 Item 9 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 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. 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 9: Staff Report Pg. 129 Packet Pg. 316 of 554 3.3 Item 9 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 9: Staff Report Pg. 130 p Packet Pg. 317 of 554 3.4 Item 9 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 9: Staff Report P . 131 63 p g Packet Pg. 318 of 554 3.6 Item 9 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 65 Item 9: Staff Report Pg. 132 Packet Pg. 319 of 554 Item 9 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 9: Staff Report Pg. 133 Packet Pg. 320 of 554 Item 9 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 9: Staff Report Pg. 134 p Packet Pg. 321 of 554 4.3 Item 9 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 , -' - - 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 9: Staff Re ort P 135 73 p g• Packet Pg. 322 of 554 Item 9 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 fJT 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 9: Staff Report Pg. 136 75 p Packet Pg. 323 of 554 Item 9 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 9: Staff Report Pg. 137 77 P Packet Pg. 324 of 554 Item 9 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 9: Staff Report Pg. 138 p Packet Pg. 325 of 554 4.4 Item 9 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 9: Staff Report Pg. 139 81 p Packet Pg. 326 of 554 Item 9 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 9: Staff Report Pg. 140 1 Packet Pg. 327 of 554 83 Item 9 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 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 O I , i } western edge eastern edge Char T Tree merry wears Walkwey lad leered Lena Bb Pet Sntbeek 5 s' slx 5' IT 5' 1 I � I ri I i I Figure 63 Typical Ash Street section between Page Mill Road and Olive Avenue western edge tl gl gi I wl \ I clear ire. Clear SetbaaWalkway Shored Lone Shored Lane Bed Walkway Setback 5 n 10 10 x B J 5 i � III I� I �Ay a I Figure 64 T ical Ash Street section between Acacia Avenue and Lambert Avenue 84 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 141 85 p Packet Pg. 328 of 554 Item 9 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 48' � I I#.Hi Figure 65 Typical Acacia Avenue Section 86 North Ventura Coordinated Area Plan 87 Item 9: Staff Report Pg. 142 Packet Pg. 329 of 554 Item 9 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 Clear Setback Walkway end Parking Drive Lane Drive Lane Parking BedWalkway Setback 125' 1 55' 12.5' Figure 66 Typical Pepper Avenue Section ,ern edge 88 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 143 89 p Packet Pg. 330 of 554 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 9 si Attachment G - Final Draft NVCAP 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 9: Staff Report Pg. 144 1 Tree Bed Shared Lane Shared Lane Forking 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 9: Staff Report Pg. 145 93 p Packet Pg. 332 of 554 Item 9 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 Free Setback Walkway Bed San 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 9: Staff Report Pg. 146 95 p Packet Pg. 333 of 554 Item 9 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 / 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 ire. clear Bed Walkway, Bet6ack 4. B I S 12 Landscape / Furniture Southern Edge: 4 Feet Zone q I I I V ! . Figure 72 Typical Page Mill Road Sidewalk Zone Section 96 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 147 97 p Packet Pg. 334 of 554 Item 9 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 9: Staff Report Pg. 148 99 p Packet Pg. 335 of 554 Item 9 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 9: Staff Report Pg. 149 Packet Pg. 336 of 554 101 Item 9 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 9: Staff Report Pg. 150 • ] Packet Pg. 337 of 554 Item 9 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 emissions by providing necessary charging facilities ._.__.__.__._..._.__.!._.__.__._..._.__.__.__.__.__._.__._..._.__._..._..!_..._..._.__._..._..._..._.__._..._...... *if responsible entities decides to join, PATMA can be a facility/ resource provider. 104 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 151 105 p Packet Pg. 338 of 554 Item 9 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 9: Staff Report Pg. 152 1 Packet Pg. 339 of 554 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, Attachment G - Final Draft NVCAP VII • *- ACTIVE ZONES OBSERVATION DECK 1J COMMUNITY �`?' GARDENS A 1 ' MULTI -USE •- - OPEN SPACE I - ht �� Figure 75 Conceptual Plan of Location of Park Gateways and Circulation Paths Legend !cam Access to park Park Gateways s SAFE CONNECTION TO BOULWARE PARK 0 .0 Viewing shed 106 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 153 107 p Packet Pg. 340 of 554 Item 9 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 9: Staff Report Pg. 154 109 p Packet Pg. 341 of 554 Item 9 Attachment G - Final Draft NVCAP 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. / GRADE DROP $ -'1,�' -- - i - tl. / ,/'•. / /,..,.... till ' t / 'I �� 100 FEET RIPARIAN } » f CORRIDOR /<I M // ,fr !\\4 / PUBLIC ACCESS ALONG CREEK 1 I' NO IMPERVIOUS SURFACES 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 110 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 155 111 p Packet Pg. 342 of 554 Item 9 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 9: Staff Report Pg. 156 p Packet Pg. 343 of 554 113 Item 9 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 9: Staff Report Pg. 157 115 P Packet Pg. 344 of 554 Item 9 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 New buliding is more than 20taller than abutting building \\ Interior setback area • • - Daylight Plane Property 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 9: Staff Report Pg. 158 117 p Packet Pg. 345 of 554 6.2 Item 9 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 9: Staff Report Pg. 159 I Packet Pg. 346 of 554 119 Item 9 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 9: Staff Report Pg. 160 • ] Packet Pg. 347 of 554 121 6.5 Item 9 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 9: Staff Report Pg. 161 123 p Packet Pg. 348 of 554 6.5 Item 9 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 9: Staff Report Pg. 162 125 p Packet Pg. 349 of 554 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 9 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-Rl): 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 9: Staff Report Pg. 164 129 p Packet Pg. 351 of 554 ml Item 9 Attachment G - Final Draft NVCAP 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 9: Staff Re ort P 165 131 p g• Packet Pg. 352 of 554 7.2 Item 9 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 9: Staff Report Pg. 166 Packet Pg. 353 of 554 133 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: Item 9 Attachment G - Final Draft NVCAP Negotiated Agreements: 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. 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 9: Staff Report Pg. 167 135 p Packet Pg. 354 of 554 7.3 Item 9 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 9: Staff Report Pg. 168 1 Packet Pg. 355 of 554 137 7.3 Item 9 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 9: Staff Report Pg. 169 139 p Packet Pg. 356 of 554 7.3 Item 9 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 9: Staff Report Pg. 170 Packet Pg. 357 of 554 141 Item 9 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 9: Staff Report Pg. 171 143 p Packet Pg. 358 of 554 Item 9 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 9: Staff Report Pg. 172 145 p Packet Pg. 359 of 554 Item 9 Attachment G - Final Draft NVCAP Item 9: Staff Report Pg. 173 CITY OF PALO ALTO Packet Pg. 360 of 554 Item 9 Attachment G - Final Draft NVCAP North Ventura Coordinated Area Plan Draft Plan: March 2024 June 2024 Mark -Up Version CITY OF PALO ALTO Item 9: Staff Report Pg. 174 1 Packet Pg. 361 of 554 Item 9 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 9: Staff Report Pg. 175 1 Packet Pg. 362 of 554 Item 9 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 9: Staff Report Pg. 176 V� p Packet Pg. 363 of 554 Item 9 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 n Bird's eye photograph of the NVCAP Figure 13 A portion of the southwest facade of the Plan Area circa 195Z 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 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 9: Staff Report Pg. 177 P Packet Pg. 364 of 554 viii Item 9 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, 113. 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 9: Staff Report Pg. 178 x p Packet Pg. 365 of 554 Item 9 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. Toble 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 9: Staff Report Pg. 179 xii p Packet Pg. 366 of 554 Item 9 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 9: Staff Report Pg. 180 p Packet Pg. 367 of 554 Item 9 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 2 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 181 p Packet Pg. 368 of 554 Item 9 Attachment G - Final Draft NVCAP fl -F-- Stanford Industrial Park i"- J i Introduction s:.. X4�1 Matadero 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 i� 1.7 Community Process11j " Figure 3 Bird's eye photograph of the NVCAP Plan Area circa 1957. Io Park Boulevard "' T_ ___T :: Item 9: Staff Report Pg. 182 Packet Pg. 369 of 554 Item 9 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 Bay Area 2040 Projections 6 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 183 p Packet Pg. 370 of 554 Item 9 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 I 0 ►i 9 Item 9 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 9: Staff Report Pg. 185 Packet Pg. 372 of 554 11 Item 9 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 9: Staff Report Pg. 186 p Packet Pg. 373 of 554 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 Attachment G - Final Draft NVCAP pAy 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 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 - 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 r r r r r r r -: . addressing the principles of sustainability. r are r ' r 16 North 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 Item 9: Staff Report Pg. 188 Packet Pg. 375 of 554 17 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. Item 9 1Attachment G - Final Draft NVCAPJ il '. s.k rrt 1vu, oat 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. I ¶ A- - 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, Fi ure 19 to Documenting feedback durin a workin rou deli n chorrette Plan Item 9: Staff Report Pg. 189 p Packet Pg. 376 of 554 , 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 9 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 9: Staff Report Pg. 190 p Packet Pg. 377 of 554 1.6 Item 9 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 9: Staff Report Pg. 191 23 p Packet Pg. 378 of 554 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 Item 9 Attachment G Final Draft NVCAP z 1 0 D C A 0 z Plan Item 9: Staff Report Pg. 192 Packet Pg. 379 of 554 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 gromeetInn 26 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 193 27 p Packet Pg. 380 of 554 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 9 TO CALTRAIN GREEN STUCTURE ER CELE Attachment G - Final Draft NVCAP INFRASTRUCTURE Plan ConceptO The Plan Concept illustrates the r 4 --:` vision of the full build -out of the A� I NATURALIZED NVCAP as reflected in the plan. / �� MATADEROCREEK The actual development within the plan area will 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. 30 North Ventura Coordinated Area Plan A 1 L/ RESPECTINGEXISTING i AFFORDABLE ECOLOGICAL CORRIDORS ENHANCED MULTI -MODAL SINGLE FAMILY HOMES0 STREET -ACTIVATING HOUSING OPTIONS AND HABITAT INTERSECTIONS _Y BUILDINGS �i ./���— Figure 23 The NVCAP Item 9: Staff Report Pg. 195 Packet Pg. 382 of 554 31 Item 9 Attachment G - Final Draft NVCAP 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.) .....................-.................i............................. 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 0/ / 32 North Ventura Coordinated Area Plan Figure 24 NVCAP Land Use Framework Item 9: Staff Report Pg. 196 Packet Pg. 383 of 554 33 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 9: Staff Report Pg. 197 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 9 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. 384 of 554 M Table 4 Proposed NVCAP Development Standards Item 9 Attachment G - Final Draft NVCAP High -Density Mixed Use 61-100 5x65 3.0:1 NV-MXH -11 'I" _.._._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._._.._.._.._._.._.._.._._.._.._.._.._._._.._.._.._._.._.._.._._.._.._.._.-_.._......._.._.._......._.._.._.._.._.._..__._.._.._.._._.._.._.._._..__.._.._._.._.._.._._.._.._.._._._.._._.. Medium -Density Mixed -Use 31-70 455±55 2.0:1 NV-MXM tl 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 ill�l Y•. 3ti Affordable Housing Existing Uses 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 9: Staff Report Pg. 198 p Packet Pg. 385 of 554 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 9: Staff Report Pg. 199 Packet Pg. 386 of 554 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. 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 9: Staff Report Pg. 200 p Packet Pg. 387 of 554 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 O 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 9: Staff Report Pg. 201 1 Packet Pg. 388 of 554 43 2.4 Project Goals Transit, Pedestrian, and Bicycle Connections Item 9 Attachment G - Final Draft NVCAP UiJI!1iTt ' ii iii El i r ' 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. •' I ____ 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. 2.4 Item 9 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 Coordinated Area Plan Item 9: Staff Report Pg. 203 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. 390 of 554 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. 391 of 554 48 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 204 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 Ill F', Item 9 a GREEN STORMWATER Attachment G - Final Draft NVCAP INFRASTRUCTURE _ R D • PATHWAYS •i; /i-' ENHANCED URBAN FOREST Figure 42 NVCAP Ecology and Sustainability Framework Item 9: Staff Report Pg. 205 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. 392 of 554 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 9: Staff Report Pg. 206 53 p Packet Pg. 393 of 554 r A Item 9 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 54 North Ventura Coordinated Area Plan Figure 46 Internal streets have height allowances that are conducive with missing middle housing like townhomes. Attachment G - Final Draft NVCAP SL indards requires setbacks and stepbacks that is adjacent to single family zoning. Packet Pg. 394 of 554 55 Item 9 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 9: Staff Report Pg. 208 1 Packet Pg. 395 of 554 Item 9 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 9: Staff Report Pg. 209 59 p Packet Pg. 396 of 554 3.3 Item 9 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 9: Staff Report Pg. 210 p Packet Pg. 397 of 554 Item 9 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 9: Staff Report Pg. 211 1 Packet Pg. 398 of 554 63 Item 9 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 9: Staff Report Pg. 212 65 p Packet Pg. 399 of 554 Item 9 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 9: Staff Report Pg. 213 Packet Pg. 400 of 554 Item 9 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 9: Staff Report Pg. 214 p Packet Pg. 401 of 554 Item 9 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 9: Staff Re ort P 215 73 p g• Packet Pg. 402 of 554 Item 9 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 9: Staff Report Pg. 216 75 p Packet Pg. 403 of 554 Item 9 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 9: Staff Report Pg. 217 77 p Packet Pg. 404 of 554 Item 9 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 9: Staff Report Pg. 218 p Packet Pg. 405 of 554 Item 9 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. Mndifv to shnw senarated hike lanes not hiiffPred Wi, I r. Figure 60 Typical Park Boulevard Section 80 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 219 81 p Packet Pg. 406 of 554 Item 9 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 t g' Frontage/Setback Northern Edge: 20 Feet (Existing Frontage / Setback NakhernEdge.12.514Feet from � p1 p1 Bioswale) Property Line Southern Edge: }2:514 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' 8' 10' 10 8' 4' B. 10 g' g' 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 9: Staff Report Pg. 220 p Packet Pg. 4O7 of 554 83 Modify to put the s Item 9 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 9: Staff Report Pg. 221 85 p Packet Pg. 4O8 of 554 Item 9 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 , Hi a' Figure 65 Typical Acacia Avenue Section 86 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 222 87 p Packet Pg. 409 of 554 Item 9 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 42510 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 9: Staff Report Pg. 223 89 p Packet Pg. 410 of 554 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. 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 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 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. r 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. 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 n Item 9 Attachment G - Final Draft NVCAP Clear Tree Bed/ Street Life/ Clear soc ick Walkway Outdoor rooms Shared Lane Shared Lane Flower beds Walkway W � n Figure 67 Typical Portage Avenue section between Park Boulevard and Ash Street northern edge Se ba \ 5' 90 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 224 1 en edge 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 9: Staff Report Pg. 225 93 p Packet Pg. 412 of 554 Item 9 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 Modify to show tree grates instead of tree beds 1 r near Tree Setback Walkway Bed 5' 8'l 4' h2' . � Figure 71 Typical El Camino Real Sidewalk Zone Section 94 North Ventura Coordinated Area Plan Item 9: Staff Re art P 226 95 p g• Packet Pg. 413 of 554 Item 9 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 9: Staff Report Pg. 227 Packet Pg. 414 of 554 97 Item 9 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 Plan' Bed Shared Path Bed \ 3 2a' 3 26' Figure 73 Typical mid -block connection section Shared Path Figure 74 Typical rear setback connection section 98 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 228 99 p Packet Pg. 415 of 554 Item 9 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 9: Staff Report Pg. 229 Packet Pg. 416 of 554 Item 9 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 9: Staff Report Pg. 230 Packet Pg. 417 of 554 Item 9 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 9: Staff Re ort P 231 105 p g• Packet Pg. 418 of 554J Item 9 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 9: Staff Report Pg. 232 1 Packet Pg. 419 of 554 W 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. Item 9 Attachment G - Final Draft NVCAP ACTIVE ZONES - `�- �_al 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 9: Staff Report Pg. 233 Packet Pg. 420 of 554 107 Item 9 Attachment G - Final Draft NVCAP IF 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 9: Staff Report Pg. 234 109 p Packet Pg. 421 of 554 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 9 Attachment G - Final Draft NVCAP I �r P�Rkgo�LE..p `. 10 FEET $ V GRADEDROP yY 100 FEET RIPARIAN CORRIDOR Y ttrti�' t -: I1t�RR, / a , 4 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 9: Staff Report Pg. 235 111 p Packet Pg. 422 of 554 Item 9 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 9: Staff Report Pg. 236 p Packet Pg. 423 of 554 113 Item 9 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 9: Staff Report Pg. 237 115 P Packet Pg. 424 of 554 Item 9 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: 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 6.1.1 Building Heights I y 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 I [ height (up to 33 feet). 6.1.3 Stepdown to Single -Family Residential Based on the development standards of a 0 New building is more than zataller than abutting building adjacent zoning district, new development shall Interior setback area --' Daylight Plane stepdown to existing single family residential. Refer to the Palo Alto Municipal Code, as setback --- Property Line 0 No -build area and stepback requirements on side or rear lot �i Proposed building O Initial Height 25' lines shall vary based on zoning. Daylight plane • Adjacent property Angle: 45" height and slope shall be identical to those of the most restrictive residential zoning district abutting the lot line. Figure 81 An example of a daylight plane requirement for mixed -use development 6.1.4 Utilities stepping down to single family residential neighborhoods. Overhead public utilities shall be undergrounded for buildings with roof edge heights over 27 feet tall. 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' ! qzi . ,. 3p;iz J/Q / '-/q�✓�%��`�y�'�� ,ice'- Figure 82 Allowable Height Map pgRke - o��F�gRn 35• aee=! 116 North Ventura Coordinated Area Plan Item 9: Staff Report Pg. 238 117 p Packet Pg. 425 of 554 Item 9 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 9: Staff Report Pg. 239 1 Packet Pg. 426 of 554 119 6.3 Item 9 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 9: Staff Report Pg. 240 1 Packet Pg. 427 of 554 121 Item 9 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 9: Staff Re ort P 241 123 p g• Packet Pg. 428 of 554 Item 9 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 9: Staff Report Pg. 242 1 Packet Pg. 429 of 554 125 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 9 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 9: Staff Report Pg. 244 129 p Packet Pg. 431 of 554 ml Item 9 Attachment G - Final Draft NVCAP 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 - 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 131 Item 9: Staff Report Pg. 245 Packet Pg. 432 of 554 7.2 Item 9 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 9: Staff Report Pg. 246 Packet Pg. 433 of 554 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: Item 9 Attachment G - Final Draft NVCAP Negotiated Agreements: 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. 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 9: Staff Report Pg. 247 135 p Packet Pg. 434 of 554 7.3 Item 9 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 9: Staff Report Pg. 248 Packet Pg. 435 of 554 137 7.3 Item 9 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 9: Staff Report Pg. 249 139 p Packet Pg. 436 of 554 7.3 Item 9 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 9: Staff Report Pg. 250 141 p Packet Pg. 437 of 554 Item 9 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 on to 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 9: Staff Report Pg. 251 143 p Packet Pg. 438 of 554 Item 9 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 9: Staff Report Pg. 252 145 p Packet Pg. 439 of 554 Item 9 Attachment G - Final Draft NVCAP Item 9: Staff Report Pg. 253 CITY OF PALO ALTO Packet Pg. 440 of 554 Item 9 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 9: Staff Report Pg. 254 Packet Pg. 441 of 554 CALIFORNIA STATE TRANSPORTATION AGENCY Item 9 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 9: Staff Report Pg. 255 Packet Pg. 442 of 554 Kelly Cha, Senior Planner April 22, 2024 Page 2 Item 9 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 9: Staff Report Pg. 256 Packet Pg. 443 of 554 Kelly Cha, Senior Planner April 22, 2024 Page 3 Item 9 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 9: Staff Report Pg. 257 Packet Pg. 444 of 554 Kelly Cha, Senior Planner April 22, 2024 Page 4 Item 9 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 9: Staff Report Pg. 258 Packet Pg. 445 of 554 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 9 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 9: Staff Report Pg. 259 Packet Pg. 446 of 554 City of Palo Alto April 22, 2024 Page 2 of 2 Item 9 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 9: Staff Report Pg. 260 Packet Pg. 447 of 554 Item 9 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 9: Staff Report Pg. 261 Packet Pg. 448 of 554 responsible agency under CEQA. Item 9 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 9: Staff Report Pg. 262 Packet Pg. 449 of 554 Item 9 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 9: Staff Report Pg. 263 Packet Pg. 450 of 554 Item 9 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 9: Staff Report Pg. 264 Packet Pg. 451 of 554 Item 9 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 9: Staff Report Pg. 265 Packet Pg. 452 of 554 Item 9 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 GWehrmeyer(�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/a51a4422/h07-tTtJdkgYUPbacYKTWg. u=htthttp://www.valleywater.org/ Clean Water , Healthy Environment , Flood Protection Item 9: Staff Report Pg. 266 Packet Pg. 453 of 554 Item 9: Staff Report Pg. 267 J l Packet Pg. 454 of 554 J Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 2 3 4 5 6 7 8 9 10 11 12 13 2024 PTC hearing Planning & Transportation Lommisslon Action Agenda: May 8, 2024 CITY O F Council Chambers & Virtual PALO 6:00 PM ALTO Draft Verbatim Minutes NVCAP Excerpt Action Items Public Comment is Permitted. Three (3) minutes per speaker. 2. Planning and Transportation Commission Recommendation to City Council to Certify Supplemental Environmental Impact Report (SEIR) for and Adopt the North Ventura Coordinated Area Plan (NVCAP), and to Adopt an Ordinance Adding Chapter 18.29 North Ventura (NV) District Regulations) and Amending Chapters 18.14, 18.24, and 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 9: Staff Report Pg. 268 (__Packet Pg. 455 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, this shows the current use zone as commercial to be rezoned to mixed use 2024 PTC hearing hat 530 additional units of build out. So, the draft and NVCAP documents have it has seven chapters: introduction, vision, and design standards and guideline chapters and implementation chapters, this is similar to the one that was reviewed by PTC last year, the difference is that chapter 4 was expanded to include all of the mobility related standards and guidelines, including the street sections and gateway intersections. As a result, the implementations chapter has been condensed. In addition to the revised NVCAP document, Staff has some modifications recommended it is included in attachment F of Staff Report; majority of the changes are in chapter 4, and they are on street sections and gateway intersections for better consistency with the proposed zoning ordinance and other City projects like John Bowler Park Design. This is showing the crosswalk between the NVCAP land use as well as and the zoning districts. As you all know, one of the main implementation for area plan like NVCAP is a zoning ordinance update; Staff is recommending adding a new chapter for NVCAP. The development standards are similar to comparable zoning districts and has a lot of reference to city-wide context based objective design standards, but has specific street yard standards for each NVCAP district, which might be a little bit different to...compared to the existing zoning chapters. On April 18th, Staff took the draft zoning ordinance to ARB, and ARB provided comments and feedback on them and has some recommendations to modify the zoning ordinance that includes: increasing the lot coverage for NVR3 and NVR4, and changing the minimum street yard to 10 feet to encourage high density and more flexibility, and also they're asking for increased height for higher density areas as well as considering a way to measure a setback and calculate lot coverage for buildings with basements. So, that concludes the Staff presentation, but the following slides kind of provide the information for Planning and Transportation Commission discussion. These are lot coverage setback and maximum height and sidewalk width. So, this slide is showing the comparison between existing zoning and proposed zoning in NVCAP area, and this is showing the changes in development standards that were a reflected after ARB's feedback, so those are lot coverage and setbacks. The height... maximum height as well this is highlighting the changes from the indoors plans or preferred plan alternative. So, upon recommendation from Planning and Transportation Commission, Staff will forward the recommendation from the Commission to City Council to consider for adoption on June 18th. Staff is recommending the commission to forward these actions so that the City Council can consider and adopt the NVCAP in June. So that concludes staff presentation and I'm ready to answer any questions you may have. Chair Summa: Okay, before we go to questions, I would like to welcome Chair Baltay from the ARB, who is here to help us tonight answer any questions, and also to ask him if he would like to make any kind of presentation. Chair Baltay: Sure, good evening, thank you for having me address you. We spent quite awhile looking at these standards on several occasions, most recently April 18th of this year, after a lot 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 9: Staff Report Pg. 269 (__Packet Pg. 456 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing 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 9: Staff Report Pg. 270 (__Packet Pg. 457 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 3 feet, you can really landscape the border of a property very well, and you 2024 PTC hearing age 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 9: Staff Report Pg. 271 (__Packet Pg. 458 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Planner Cha: I think as long as the modifications doesn't impact the... the 2024 PTC hearing ink 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 9: Staff Report Pg. 272 (__Packet Pg. 459 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, provide.., that... protect the privacy and... ya know... the mass and bulk i 2024 PTC hearing 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 9: Staff Report Pg. 273 (__Packet Pg. 460 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 waiver will be based on what's necessary to permit that development... yo 2024 PTC hearing sity 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 9: Staff Report Pg. 274 (__Packet Pg. 461 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Vice -Chair Chang: Okay, since we're talking about that NVCAP definition 2024PTChearing 4 hold on let me get there... okay, so my question is... I'm a little bit confused about the wording here... am I correct in saying that for the purposes of the NVCAP chapter, it is 100% affordable... if a project is a rental project, it would be considered 100% affordable only if the average AMI does not exceed 60%, is that correct? I just couldn't understand 18.29.040A. Planner Cha: So, I think in... as you can see in attachment A, we have both the ARB recommendation as well as Staff recommendation. One of the Staff recommendations was to remove the section... 18.29.090, so that's the housing incentive program. We initially had...a very NVCAP specific affordable housing incentive, but we're recommending that with the city-wide housing incentive program, we're just referring that chapter instead of having a specific one in the NVCAP chapter, so therefore, the definition actually becomes... we actually have to recommend removal of that definition so that we have consistency between that H... Housing Incentive Chapter as well as... Vice -Chair Chang: So, what is considered 100% affordable in the HIP? Planner Cha: Albert... could you? Mr. Yang, City Attorney: Yeah so, that's still being developed, but for... for rental projects I would expect it to be at lower income.... so 80% to the MRI of below. Vice -Chair Chang: Okay, so if we allow HIP to supersede, then this 18.29.040 becomes moot, is that what you're saying? Mr. Yang, City Attorney: So, I think Ms. Cha was explaining that we just forgot to delete it. That we had recommended removal of this later section that relied on that definition.., and... since we removed that later section it's really not relevant anymore... the definition. Vice -Chair Chang: Okay, but then it means that the new... since we removed that definition, the new definition affordability is going to be at a higher percent AMI 80, instead of 60... is that correct? Mr. Yang, City Attorney: Well, so that's still... going to determined.., the city-wide HIP amendments are going to come the PTC... likely over the summer sometime. Vice -Chair Chang: How about the timing for when this goes to Council... like, is this ordinance going to be approved.., like which one's going to come first? Are we going to have HIP in place? 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 9: Staff Report Pg. 275 (__Packet Pg. 462 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Mr. Yang, City Attorney: No... no we're not. So, what this ordinance says, 1014PTChearing 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 9: Staff Report Pg. 276 (__Packet Pg. 463 of 554 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing Commissioner Reckdahl: So, you said in Table 1. Planner Cha: Table 1, under 18.29.060... that's... I believe packet page 31. Commissioner Reckdahl: Okay, there's also Table 1 in 18. So, page 31... so that... well the parking is irrelevant because if we kept it R1 we still can't enforce parking, right?.., by the State Law. Planner Cha: Right, so because of the proximity to the CALTRAIN Station, the entire NVCAP area is... we can't require any parking, so... Commissioner Reckdahl: So, that in itself would not require a zone change, but you're saying that the street yard for R1 is... what is the street yard for R-1, 20 -feet?... front... 20, okay and so we're shrinking that, okay. So, second question is... in NVCAP there's a lot of R1 lots, and a some of those have been converted to NV R-1 and others have been converted into NV R2, and why 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 9: Staff Report Pg. 277 (__Packet Pg. 464 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing 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 9: Staff Report Pg. 278 (__Packet Pg. 465 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 2024 PTC hearing 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 9: Staff Report Pg. 279 (__Packet Pg. 466 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Vice -Chair Chang: Thank you, I'm going to go back to my questions. So, reg 2024 PTC hearing ree 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 9: Staff Report Pg. 280 (__Packet Pg. 467 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Planner Cha: I think there are some changes in ours in between... since pu 2024PTChearing rty- eight... so the last rows it says NV MXM NVR3... originally MXM district we had thirty-five feet proposed, so compared to the housing element sites were... it's allowing... maximum of fifty feet... the housing element site had a more permissive height allowance, so we have included in there, that's the same for NVR3 we had initially recommended at thirty-five feet. So, the housing element site had higher maximum height there as well; so, if we go the Staff recommendation, it might be that everything in NVCAP is more permissive than housing element site development standards. Vice -Chair Chang: Understood. Okay, because Staff's recommendation for MXM is actually fifty- five, is that correct? Planner Cha: Right, fifty-five. Vice -Chair Chang: Okay... okay so then, the rezoning that we did affects both MXM and NVR3, or only NVR3? Planner Cha: Umm... I'm sorry. Mr. Yang, City Attorney: It affects them both...the housing element rezoning affects both of those districts.., or it affects the sites that are in both of those districts, right..., because the housing element rezoning only applies to opportunity sites on the inventory. Vice -Chair Chang: Got it....so this is [TIMESTAMP 59:09 Unintelligible] by Staff to just sort of simplify this so we don't have multiple things to refer too, in other words is.... I mean, is that the reason? Mr. Yang, City Attorney: Well, it's basically because when we rezoned our opportunity sites, it was in order to meet the projected development right, that we had in our housing element, so we didn't want the NVCAP rezoning to then, you know, be a reduction in any of those standards that we had already sort of calculated out to be necessary for our housing elements. So, we were comfortable with you know, being more permissive than the housing opportunity site analysis had showed earlier, but we didn't want to reduce the height. I guess we're seeing now that this is another... probably a remnant it's not... wouldn't be necessary if we go with the Staff recommendation, as it was sort of changed after the ARB hearing, but prior to the ARB this was a necessary piece. Vice -Chair Chang: Okay, thanks that makes a lot of sense, and then my... while I have Mr. Yang on... for packet page forty... this is another affordability question. So, on packet page forty, 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 9: Staff Report Pg. 281 (__Packet Pg. 468 of 554 1 2 3 4 5 6 7 8 9 10 11 12 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, to lower income households, so that's that lower income definition again.... _2024 hat fifty to eighty percent of (crosstalk) ... So, then earlier in our conversation when you referred to lower income as well... in the state definition of 100% affordability, that's also fifty to eighty, or eighty percent AMI, correct? Mr. Yang, City Attorney: Correct. Vice -Chair Chang: Okay, thank you.... and then my final question is on the street side setback, so, can Staff give some background as to why the initial Staff recommendation was 12.5 as opposed to 10, or what was the thinking of something more than... for something more than 10. 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 9: Staff Report Pg. 282 (__Packet Pg. 469 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 2024 PTC hearing 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 9: Staff Report Pg. 283 (__Packet Pg. 470 of 554 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing Ms. French: But in a garage space it would be twenty. Planner Frick: But yeah....so I think that's like why historically why you'll see a lot of... you know, single-family lots developed with a twenty foot setback, is to allow like the full length of a car to park within the driveway in front of the garage; but just to... I just wanted to kind of jump in a little bit on some of the setback changes. So, the numbers... like the 12.5 feet, those numbers came from like an earlier draft that was from the study session from about a year ago, roughly, and so, you know.... we met with the Planning and office of Transportation Staff to really go over... you know... like, scrutinize those setbacks, and look closely at whether there were any implications of... you know... changing them, and so, ultimately... you know... to sort of answer your question, we didn't see any drawbacks necessarily of changing to what's proposed in the Staff recommended redline version; and in particular as it relates to parking because this area has no minimum parking requirements due to the location to the the station, that's something that you know, we were factoring into some of that analysis for those discussions, if that helps. 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 9: Staff Report Pg. 284 (__Packet Pg. 471 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 2024 PTC hearing 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 9: Staff Report Pg. 285 (__Packet Pg. 472 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing 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 9: Staff Report Pg. 286 (__Packet Pg. 473 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Commissioner Reckdahl: Item 7. And so....is this because El Camino isn't p 2024PTChearing erty 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 9: Staff Report Pg. 287 (__Packet Pg. 474 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, of chaos, and so... so I'm here.... I've actually changed my speech about fo 2024PTChearing ing here this evening. And.... it... I'm just confused about even why we're trying to approve at this juncture...you know we paused a lot of this NVCAP stuff for quite a while, and approved...I had a list but....it's a whole bunch of projects you know...the Acacia, the charities, the fries thing was quite an adventure, but these are approved projects going on, even the Foot Locker, which is 3225 El Camino, it's been stalled for years, and they're up to four -stories right now, is active; so really this....my point is, there's not many construction projects left within this neighborhood, ya know we got....I'm going to call it the Verizon store, that's a pending.... maybe coming up, and everybody's hot and heavy to build up the parking lot of Cloudera, as the big brown square on the charts that we're seeing; and bulldozing a bunch of beautiful Redwood and Pine trees to make those high density housings that are twelve and a half feet of the sidewalk.....so....and then I'm looking.... this last bit of conversation talking about all the residential getting allowed to move closer to the street, probably actually not a big thing for me, but at the same time it feels like the residence is everybody's been dancing around all of us...this...this entity that just can't be adjusted and we must stay in 850 square foot houses, tiny for Palo Alto, but you.... meanwhile, everybody else has already gotten special permission to grow well beyond the stand....the previous standards, but now we're setting up new standards for the couple more big developments that are going to try and get into this neighborhood, but it's mostly just blocking all the individual houses from doing anything. Seems like the biggest obstructed people of this whole NVCAP, and we've all been just demanding that transportation is one of the people of this meeting is make sure the flow of this neighborhood seems like square one for a development project. My pet peeve is....oh my gosh I'm losing....the Hanson Avenue, leading into, I'll call it where the Foot Locker is there, it should actually veer way off to the right to go to Lambert, make a ring road, and then make all the other smaller projects.... roads as veins instead of arteries. Olive Avenue is a major artery, everybody's cutting the corner, El Camino everybody in transportation says we can't make a right turn on El Camino, cause it's State run, that seems kind of bologna to me, but whatever, and we're talking about setbacks, but most of those projects are already approved, so...you know why are we worried about approved projects, when everybody's going to ask for special dispensation anyways, so those are a couple of my rants on this. You know, as far as residential dwellings on Olive Avenue, if anybody goes through that street, it...every single instance is...was almost special. We've got a little batch of houses, and then we've just got a couple of brand new house with Junior ADU and rear ADU, they were going to do two more next to that, they changed their mind on keeping the house, but throwing the ADU's in the back. Meanwhile, we talked about that at Olive and Ash, there's a two-story commercial building, and the zoning has got them as a special dispensation, that should just be R1 with everybody else, let the building stay, no body's asking to bulldoze it, but at the same time, why is that one a special issuance, we should just have a red ring, according to that drawing, and then everything zoned in accordingly, this is just my opinion. Looks like I'm out of time, but....good luck, but I don't recommend approving it, I'd say stall and wait until you guys are done, so it....especially with he 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 9: Staff Report Pg. 288 (__Packet Pg. 475 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 want to do, that way you can get your own special dispensation too, that 2024 Plc hearing use 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 9: Staff Report Pg. 289 (__Packet Pg. 476 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 sharing them with us. So, the first question is really procedural. 2024PTchearing taff 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 9: Staff Report Pg. 290 (__Packet Pg. 477 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 through the most dense, and I don't see how that can actually happen, so 2024PTChearing g 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 9: Staff Report Pg. 291 (__Packet Pg. 478 of 554 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Item 9 Attachment J- Draft Verbatim Minutes NVCAP Excerpt from the May 8, Commissioner Hechtman: Okay, so let's come back to that. So, I wanted 2024PTChearing ent and looked 18.70, and....in fact I...did you find it? Planner Cha: Yeah, so it says any uses or facilities rendered non -conforming or non -complying by this chapter shall be subject to chapter 18.70. Commissioner Hechtman: Shall be subject to... Planner Cha: Yeah. Commissioner Hechtman: That's what is hidden. Okay. Planner Cha: That's the existing one 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 9: Staff Report Pg. 292 (__Packet Pg. 479 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 those are on certain parcels... well, I should ask, are those on certain parcels, 2024 PTC hearing hey 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 9: Staff Report Pg. 293 (__Packet Pg. 480 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Planner Cha: I think that Albert will definitely help. 2024 PTChearing 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 9: Staff Report Pg. 294 (__Packet Pg. 481 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, for all the work that you put into this. I have not so many concerns abou 1014PTChearing ink 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 9: Staff Report Pg. 295 (__Packet Pg. 482 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Chair Summa: I'm not seeing any lights, does anybody want to go...Commi 2024 PTC hearing 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 9: Staff Report Pg. 296 (__Packet Pg. 483 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Vice -Chair Chang: Oh, fifty-five feet instead of forty-five? 2024 PTC hearing 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 9: Staff Report Pg. 297 (__Packet Pg. 484 of 554 1 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing 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 9: Staff Report Pg. 298 (__Packet Pg. 485 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP LExcerpt from the May 8, 1 lots; this is not something you can do on the spur of the moment, but an in 2024 PTChearing 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 9: Staff Report Pg. 299 (__Packet Pg. 486 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, under the State Laws that we can't control so, as to whether hotels should 2024 PTC hearing ink it's okay for hotel to be consistent with its neighbors as long as it's neighbors are all at that height and FAR. And as long as we figure out the daylight plane issues. So, that is where I am right now, and I would be very happy to see this come back with a little nuanced work that we could get it through rather quickly, especially given the fact that we have more time. And I think there were enough little kind of areas in here that needed kind of fix up work that it would give staff a little more time to make sure there aren't those kind of you know, artifacts from other versions and stuff, but I'm going to go now to Commissioner Hechtman. Commissioner Hechtman: Thank you. So, after my last round of questions I was sitting here sort of freaking out about the thought of terminating 750,000 square feet of office until I looked at the table and realized that in the XL/XM and XH categories, office of all three categories is a permitted use, so, that frame of mind doesn't even apply in those three categories, which is primarily where the office is. I was wondering if... and perhaps this is in the FEIR or the DEIR, and 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 R-1, and what is going to become the NR2, I think is on one of the other slides, currently R-1, is going to R-2, so there's probably no office there, but was there any kind of analysis done of essentially, what is the square footage of office that is facing that termination. So, it would be probably in the NR -3 and NR -4. Planner Cha: I don't have that information right now. Commissioner Hechtman: Okay. Alright, if I had been on my game I would have thought about it earlier, sent a question in to tee you up, but that's fine. Again, my belief is really, if there is office, 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 strong enough to sit on this six year old project. So, some other minor issues. I think it's a really interesting idea to come forth from the ARB about allowing the below surface garages to sink sufficiently to allow a really good planting medium above them. I'm glad that's going to the forestry department, and I think that's really where it should reside. You know, a couple of competing issues here... 1) is the cost to go down farther, right? And that is a restraint. It is an impediment. The benefit we're getting is a more robust urban forest but I think we have to balance those so I think it should be part of the urban forestry departments consideration is it okay if certain native plants can thrive in three feet of soil and those are the ones we put there. And the ones that need four, five, six, or more, we don't put those there. I mean that's a good... we're balancing these things. The height issues in the two places where the ARB and staff have differing opinions, I have no issue at all with the ARB's logic. I think it's right, but I'm recognizing that staff... ARB, like PTC, is a little bit insulated from the City Council. Staff is not. Staff have to take this plan and convince the City Council to adopt it. And my feeling is staff thinks it's maybe a little more palatable to the City Council with these two deviations from the ARB 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 9: Staff Report Pg. 300 (__Packet Pg. 487 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, again, they adopted it seems like everything else the ARB had suggest 2024PTChearing an impressive list of suggestions. As for the list of the setbacks and those things, those four items that we were invited to talk about, I'm really not going to comment on any of those.This has been six years in the making, and we've learned tonight from staff that at the sort of street level exercise they went through to try to visualize how these things would actually lay out, how the setbacks and building heights would work together and they've had hours and hours and have spent hours and hours doing it and I'm going to trust that staff, with years of feedback from the working group, PTC, and the ARB, and City Council, has got it in a good place and so I don't have any comments on that. I was really interested in the comments of our first public speaker tonight you know... one of the foundational premises of the working group when it started this process, as I understood it, was to protect the R-1. And what I heard tonight from I think a resident of the R-1, is you've actually put me in a box. Because everybody around me is upzoned, developing, and I'm stuck. And I think that's a really interesting perspective and I wish we had heard it earlier in the process. My thinking overall is this needs to get adopted. Once it's adopted, if there are problems with it, it can be amended. But for now I think we just need to get this forward and off of our plates, which really brings me to my biggest issue which to me is my 800 pound gorilla that nobody has raised yet, and that is economic feasibility. So, if we look at packet pages 48 and 49, one of the objectives established by the Council when this process started was, we need a determination of the economic and fiscal feasibility of the plan. And in this case the plan is the preferred plan that we're sending to the City Council. So, that was one of the objectives they set, which dovetails with Palo Alto's Municipal code Section 19.10, which we have on packet page 10, which requires determination of the economic feasibility of the plan. And then we look at packet page 50 which are the comments that came out of prior PTC and ARB meetings, PTC 6, Economic analysis to show shortfall. Response: No economic analysis was done due to budget constraints. So, as I'm understanding it, we have not satisfied an objective of ours and we have not met the code requirement. And the reason this is of particular concern to me is that back in 2021 we had an economic analysis done as part of the PTCs work and that predated many of our current Commissioners, but at the time, the composition of the Commission really wasn't interested in what was called I think Alternative A, the low density version, which actually is now the preferred plan that is going to Council. We thought that density was too low. And so, we wanted an economic analysis but to save money, we said just do it of alternatives B and C. Or actually they are 1, 2, 3, right? Just do two and three. Right? Two was kind of the medium density and three was very high density. So, two was closer to the density of one, but about double. So, the price tag that came back for two was $130 Million. That was the subsidy that would be necessary to bring it to fruition. Three was $37 Million, and we came up with actually a 3.2 that penciled out, that was cost neutral, right? But we never did A, and at the time I did like a cocktail napkin calculation that A could cost over $200 Million in subsidies, but that was two years ago, and a lot has changed about this plan that we have now. The primary changes are, number one, the anticipated density of A back then was 860 units; well first of all, most of this cost is providing the 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 9: Staff Report Pg. 301 (__Packet Pg. 488 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, So, back then the maximum buildout was 8... it was a range of 500 to 860, 2024PTChearing So, by lowering the ceiling, I think that will bring down the cost. Another big change is back then we were looking at... there was no parking relief contemplated, we had testimony from the Economic specialist that each parking stall cost about $100,000 dollars and that was a huge cost and so now we've eliminated parking, and so I think that is a good thing. The biggest think I think is in the plan two years ago we were reducing office space from 750,000 to 8,000 square feet. So, 740,000 square feet of office going away. Now, we are only losing 278,000, so there's more office to support this density and the below market housing. So, I'm optimistic that ... whatever the number is, it's not going to be beyond our budget, or funds that we can budget for. And so the reason I asked my very first question tonight was, when are we going to lose these grant funds, is I was concerned that there might be a timing issue that we need to adopt this plan. It turns out we don't, but honestly I think we need to get this done. So, what I'd like to see in the motion that's eventually made is that we recommend not only adoption, but that as the Council's first action before enacting any of the .... Before taking further steps beyond what's currently on their plate with the NVCAP, that they complete that economic study as required by our ordinance and their objectives, so that as they move forward everybody knows the cost of the endeavor that we've approved. So those are my comments. Chair Summa: So... I am very impressed you remembered all those numbers. But I bet you had to look them up. But, and I think we all want to get this done, it's just that, I mean I'm surprised you don't want the economic study to be done... that you don't want that to be done before Council sees it, but, I don't know, given your interest in it... but I think we all want to get it done really quickly, but we have time... we can get some of these details ironed out and I think it would be more successful a plan, is kind of my perspective. But I am impressed you remembered all those numbers. But the preferred plan that we see here is not option 1. It's what the... it's what Council preferred, is what I think. So.... The preferred plan that we've got to now is all the work that Council did after our recommendations on the three levels of density, is really what it was... and some associated economic analysis. So, anyway. I see that Commissioner Templeton has her light on. Ms. French: Also, we'd like to have a note about the economic study, which Council did not fund when we expanded the scope. So, part of that is... was not for us to do because it wasn't authorized to do, funded to do, back when. So, that's just a note. Also, I wanted to have a note about hotels if you get there again but... about that. Chair Summa: Tell us about hotels now. Ms. French: Okay, City wide the maximum hotel FAR is 2.0, so we're talking downtown, all commercial zones, it's a citywide limit... 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 9: Staff Report Pg. 302 (__Packet Pg. 489 of 554 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. Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing 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 9: Staff Report Pg. 303 (__Packet Pg. 490 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 requested additional funding to complete this and that wasn't approved 2024 PTC hearing sed 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 9: Staff Report Pg. 304 (__Packet Pg. 491 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 that's required by the ordinance and that's on them. And so I'm just dayli 2024PTChearing 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 9: Staff Report Pg. 305 (__Packet Pg. 492 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 So, we may as well make a motion with the changes to the development st 2024 PTC hearing ant 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 9: Staff Report Pg. 306 (__Packet Pg. 493 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Commissioner Templeton: Thank you. And we'll get to those individual 2024PTChearing t 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 9: Staff Report Pg. 307 (__Packet Pg. 494 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 NVCAP, changing the height back to the preferred ... what's it calle 2024 PTC hearing 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 9: Staff Report Pg. 308 (__Packet Pg. 495 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Vice -Chair Chang: Okay, then what I would say, since we're changing it fo 2024 PTC hearing ay, 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 9: Staff Report Pg. 309 (__Packet Pg. 496 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Commissioner Hechtman: So, kind of digging down into what I count noL. e 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 9: Staff Report Pg. 310 (__Packet Pg. 497 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Commissioner Hechtman: Okay, alright. And so, so what staff was ... the 2024PTChearing e 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 9: Staff Report Pg. 311 (__Packet Pg. 498 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Vice -Chair Chang: So, yes, that is my intent, however, as written right no 2024 PTC hearing e, 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 9: Staff Report Pg. 312 (__Packet Pg. 499 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Friendly Amendment #4 2024 PTC hearing Commissioner Hechtman: According to the motion, yes. Okay. So, alright. So, I would just tell the... well let me state my position. I don't have any objections with the R -1's going from ... the 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 hope that we could pull that out of the motion and do it separately. So, that I can... Number 2, change height on NVMXM to 45, I ask that we vote on that separately because I'm trying to build the rest of it that I can support. And then in terms of ask Council to consider economic feasibility, I think I would just word that a little differently that part of our recommendation is to confirm Council's awareness of the economic feasibility study requirement of our municipal code. 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 9: Staff Report Pg. 313 (__Packet Pg. 500 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Commissioner Hechtman: Actually, you're raising a good point, I kind of 2o24PTchearing '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 9: Staff Report Pg. 314 (__Packet Pg. 501 of 554 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 Item 9 Attachment J- Draft Verbatim Minutes NVCAP Excerpt from the May 8, Vice -Chair Chang: Okay. We're going to break it into two separate motion 2024PTChearing 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 9: Staff Report Pg. 315 (__Packet Pg. 502 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing 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 9: Staff Report Pg. 316 (__Packet Pg. 503 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Vice -Chair Chang: Yeah but there's a street there between, you're backya 2024PTChearing nit. 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 9: Staff Report Pg. 317 (__Packet Pg. 504 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, Planner Cha: Related to the Sobrato development it will be within the NVP 2024PTChearing 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 9: Staff Report Pg. 318 (__Packet Pg. 505 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Commissioner Hechtman: Yeah, I was trying to figure out if there was a m 2024 PTC hearing 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 9: Staff Report Pg. 319 (__Packet Pg. 506 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Mr. Yang, City Attorney: So I don't see this as circumventing the density I 2024PTChearing ow, 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 9: Staff Report Pg. 320 (__Packet Pg. 507 of 554 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 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 2024 PTC hearing 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 9: Staff Report Pg. 321 (__Packet Pg. 508 of 554 Item 9 Attachment J - Draft Verbatim Minutes NVCAP Excerpt from the May 8, 1 Chair Summa: So, I think that concludes this item. Good evening Chair 2024PTChearing 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 9: Staff Report Pg. 322 (__Packet Pg. 509 of 554 Item 10 Item 10 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: ACTION ITEMS PALO Lead Department: City Clerk ALTO Meeting Date: August 5, 2024 Report #:2407-3240 TITLE Designation of Voting Delegate and Alternate for the League of California Cities Annual 2024 Conference, to be held October 16-18, 2024, in Long Beach, California RECOMMENDATION The City Council should consider attendees Council Member Kou or Council Member Veenker and designate a voting delegate and an alternate voting delegate for the 2024 League of California Cities Annual Conference. BACKGROUND The League's 2024 Annual Conference is scheduled for October 16-18, 2024 in Long Beach, California. Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Friday, October 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. The appointed voting delegate plays an important role during the General Assembly by representing our city and voting on resolutions. To cast a vote during the General Assembly, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. At this time, Council Member Kou and Council Member Veenker have expressed interest in attending and are registered to attend the 2024 Annual Conference. Please find attached correspondence received from the League of California Cities outlining the voting designations and process for the General Assembly. Staff anticipates the designated Item 10: Staff Report Pg. 1 Packet Pg. 510 of 554 Item 10 Item 10 Staff Report voting delegate(s) to use the City of Palo Alto's 2024 Federal and State Legislative Guidelines' to help inform the City's position on items to be voted on at the General Assembly meeting. FISCAL/RESOURCE IMPACT There is no fiscal impact associated with this item. ATTACHMENTS Attachment A: 2024 Voting Delegate Packet APPROVED BY: Mahealani Ah Yun, City Clerk 1 City of Palo Alto's 2024 Federal and State Legislative Guideline: https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/legislation/adopted-2024-legislative- guidelines.pdf Item 10: Staff Report Pg. 2 Packet Pg. 511 of 554 LEAGUE OF CALIFORNIA CITIES Council Action Advised by September 25, 2024 DATE: Wednesday, July 10, 2024 TO: Mayors, Council Members, City Clerks, and City Managers Item 10 Attachment A - 2024 Cal Cities Voting Delegate Information Packet RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Following council action, please submit your city's delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre -conference communications with voting delegates. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website. Item 10: Staff Report Pg. 3 1 1 Packet Pg. 512 of 554 LEAGUE OF CALIFORNIA CITIES Item 10 Attachment A - 2024 Cal Cities Voting Delegate Information Packet For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Please view Cal Cities' event and meeting policy in advance of the conference. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at zseals@calcities.org. Attachments: • General Assembly Voting Guidelines • Information Sheet: Cal Cities Resolutions and the General Assembly Item 10: Staff Report Pg. 4 Packet Pg. 513 of 554 Item 10 LEAGUE OF AttachmentA-2024 Cal CALIFORNIA Cities Voting Delegate CITIESInformation Packet General Assembly Voting Guidelines One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. Item 10: Staff Report Pg. 5 1 I Packet Pg. 514 of 554 Item 10 Cities OF HOW it Attachment A-2024Cal 1 Cities CALIFORNIA Cities Voting Delegate CITIES Resolutions and the Gk. Information Packet sembly Who's who General Resolutions Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. nN -iii Petitioned Resolutions The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. General Assembly Policy Committees • • • The Cal Cities President assigns • • • general resolutions to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. Resolutions Committee The Resolutions Committee considers • • • all resolutions. General Resolutions approved' by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go to the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 • • During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting. Cal Cities policy development is a member - informed process, grounded in the voices and experiences of city officials throughout the state. The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, and policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates —one from every member city. Seven policy committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, and municipal department, as well as individuals appointed by the Cal Cities president. The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). For more info,[Item 10: Staff Report Pg. 6 Packet Pg. 515 of 554 Item 11 Item 11 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: INFORMATION REPORTS PALO Lead Department: Planning and Development Services ALTO Meeting Date: August 5, 2024 Report #:2405-3 101 TITLE Accessory Dwelling Unit (ADU)- 2024 Quarter 1 Report RECOMMENDATION This is an informational report, and no action is required. ANALYSIS This report transmits information related to application activity for accessory dwelling units (ADU), including junior accessory dwelling units (JADU) for quarter 1 of calendar year 2024. Since 2015, the City has received 702 ADU/JADU building permit applications and issued 524 building permits. In the first quarter of 2024, the City received 38 new applications, issued 24 ADU permits, and provided an approved Final Inspection on 22 ADU/JADU permits. As it relates to the Housing Element, the data continues to support the anticipated housing unit production expected from ADU/JADUs for the current housing element cycle, which is an average of 64 units per year over the 8 -year planning period or a total of 512 units. In the first quarter of 2024, the ADU sizes of open applications in this period range from 196 to 1,000 square feet, with an average size of 554 square feet. Approximately 58% of applications are located north of Oregon Expressway, and 42% are located south of Oregon Expressway. Since 2017, the majority of ADU/JADU permits relative to the Oregon Expressway has shifted between north and south from year to year. Further details can be found in Table 1 of Attachment A. ENVIRONMENTAL REVIEW This informational report is not a project as defined by the California Environmental Quality Act Guidelines. ATTACHMENTS Attachment A: Q1 2024 ADU Data APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 11: Staff Report Pg. 1 Packet Pg. 516 of 554 Item 11 Attachment A - 01 2024 ADU Data Table 1: Summary of ADU Permits from 2015-2024 (Q1) Category 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 (Q1) New ADU Applications Filed' 10 9 28 55 75 78 136 151 122 38 Permits: Ready to Issue (City Approved)2 8 5 12 39 62 46 112 127 135 30 Permits: Issued (Permit Obtained)' 8 5 12 36 62 43 89 120 125 24 Permits: Final Inspection Approved4 3 4 9 12 33 46 37 62 101 22 Permits Expired 1 1 1 1 Detached ADUs (Submitted)6 20 35 52 52 80 80 48 14 Detached ADUs (Issued)' 8 24 41 33 55 64 57 9 Attached ADUs (Submitted)6 8 20 23 20 56 44 43 19 Attached ADUs (Issued)6 4 11 21 9 34 32 40 10 Junior ADUs (Submitted)' 1 1 1 25 27 31 5 Junior ADUs (Issued)7 1 1 1 9 24 28 5 Item 11: Staff Report Pg. 2 Packet Pg. 517 of 554 Item 11 [Attachment A - 01 2024 ADU Data Category Average Application Processing Time (Days Including Weekends)' 2015 127 2016 214 2017 118 2018 183 2019 135 2020 197 2021 162 2022 193 2023 187 2024(Q1) 170 Average Construction Time (Days Including Weekends)9 578 751 330 287 173 262 455 431 496 426 City Impact Fees Collected for New ADUs1° $451,514 $402,012 $198,962 $44,057 $139,592 $540,453 $487,322 $42,774 ADU Size Smallest 150 SF 159 SF 220 SF 208 SF 178 SF 192 SF 227 SF 196 SF ADU Size Largest 900 SF 900 SF 1,031 SF 1,000 SF 1,218 SF 2,217 SF 1000 SF 1000 SF Average ADU Size 470 SF 469 SF 383 SF 518 SF 550 SF 589 SF 571 SF 554 SF ADU Location Relative to North 46% 49% 52% 55% 49% 52% 41% 58% Oregon Expressway South 54% 51% 48% 45% 51% 48% 59% 42% Source: City of Palo Alto Accela Data January 2015 through March 2024 Item 11: Staff Report Pg. 3 Packet Pg. 518 of 554 Item 11 [Attachment A - 01 2024 ADU Data Notes: 1. Any ADU/JADU Application SUBMITTED for the year 2. Any ADU/JADU application Permit 'READY TO Issue' for the year (regardless of when it was submitted) 3. Any ADU/JADU Permit ISSUED for the year (regardless of when it was submitted) 4. Any ADU/JADU Permit receiving a Final Inspection (Ready to Occupy) for the year, regardless of when the application wassubmitted. Years 2015-2017 data point not available. 5. Any Detached ADU Permit Application submitted for the year/Any Detached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available. 6. Any Attached ADU Permit Application submitted for the year/Any Attached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available. 7. Any JADU Permit Application submitted for the year/Any JADU Permit Issued for the year, regardless of when the application was submitted. Years 2015- 2016 data point not available. 8. Average number of days from permit application submittal to when permit is approved and ready to issue. This average includes weekends and days application is pending due to applicant preparation of resubmittal or additional information from applicant. 9. Average number of days from permit issued to final inspection completed. This average includes weekends and days staff is waiting for applicant to schedule the next required inspection; it also includes time related to the construction of a primary residence when the J/ADU is built at the same time. 10. Impact Fees collected for ADU's permitted for the year. Years 2015-2016 data point not available. Item 11: Staff Report Pg. 4 Packet Pg. 519 of 554 Item 11 [Attachment A - 01 2024 ADU Data ADU Applications Submitted for CY 2024 (Q1) New Construction Conversion Type of Conversion Dwelling Project Zoning Date Application Other Acc. # of # of apps Type Location District Filed Status Attached Detached Attached Detached Garage Structure/Space bdrms ADU Size 1 ADU North R-1 2/9/24 Incomplete x 1 324 R-1 Pending 2 ADU North (10000) 3/19/24 Resubmittal x 2 868 Pending 3 JADU North R-1 3/26/24 Resubmittal x x 1 196 Pending 4 ADU North R-1 2/20/24 Resubmittal x 1 536 In Plan 5 ADU North R-1 2/15/24 Check x x 2 720 Pending 6 ADU North R-1 3/13/24 Resubmittal x 2 749 Pending 7 ADU North RM-15 1/8/24 Resubmittal x 1 566 Pending 8 ADU North R-1 2/1/24 Resubmittal x 1 514 Pending 9 ADU North R-1 3/13/24 Resubmittal x x 0 392 In Plan 10 ADU South R-1 2/7/24 Check x 2 749 In Plan 11 ADU South R-1 2/29/24 Check x 1 750 Pending 12 ADU South R-1 3/28/24 Resubmittal x 2 1,000 Item 11: Staff Report Pg. 5 Packet Pg. 520 of 554 Item 11 [Attachment A - 01 2024 ADU Data ADU Applications Submitted for CY 2024 (Q1) New Construction Conversion Type of Conversion Dwelling Project Zoning Date Application Other Acc. # of # of apps Type Location District Filed Status Attached Detached Attached Detached Garage Structure/Space bdrms ADU Size Pending 13 ADU South R-1 2/29/24 Resubmittal x 2 749 Pending 14 ADU South R-1 1/12/24 Resubmittal x 1 461 Permit 15 ADU South R-1 1/29/24 Issued x 2 750 Pending 16 ADU South R-1 3/5/24 Resubmittal x 2 805 R-1 Pending 17 ADU South (7000) 1/16/24 Resubmittal x x 1 238 R-1 Pending 18 ADU South (8000) 3/20/24 Resubmittal x 1 523 R-1 Permit 19 ADU South (8000) 1/2/24 Issued x x 0 485 R-1 Pending 20 ADU South (8000) 3/12/24 Resubmittal x 0 608 Pending 21 ADU South R-1 3/21/24 Resubmittal x 2 750 22 ADU North RM-15 3/5/24 Submitted x x 0 645 Pending 23 ADU South R-1 2/29/24 Resubmittal x x 1 402 Pending 24 ADU South R-1 (S) 2/14/24 Resubmittal x x 1 519 Item 11: Staff Report Pg. 6 1 Packet Pg. 521 of 554 Item 11 [Attachment A - 01 2024 ADU Data ADU Applications Submitted for CY 2024 (Q1) New Construction Conversion Type of Conversion Dwelling Project Zoning Date Application Other Acc. # of # of apps Type Location District Filed Status Attached Detached Attached Detached Garage Structure/Space bdrms ADU Size Pending 25 ADU South R-1 (S) 3/6/24 Resubmittal x 2 750 Pending 26 ADU South R-1 2/1/24 Resubmittal x 1 600 27 ADU South RE 3/15/24 Incomplete x x 1 675 R-1 Pending 28 ADU North (10000) 3/6/24 Resubmittal x x 1 524 Pending 29 ADU North R-1 1/30/24 Resubmittal x x 1 456 Pending 30 JADU South R-1 1/11/24 Resubmittal x x 1 478 Pending 31 ADU North R-1 2/2/24 Resubmittal x 1 300 In Plan 32 JADU South R-1 2/13/24 Check x x 1 357 In Plan 33 ADU South R-1 2/27/24 Check x x 1 337 R-1 Pending 34 JADU South (8000) 3/27/24 Resubmittal x x 0 280 Pending 35 ADU South R-1 3/19/24 Resubmittal x 2 743 Item 11: Staff Report Pg. 7 1 Packet Pg. 522 of 554 Item 11 [Attachment A - 01 2024 ADU Data ADU Applications Submitted for CY 2024 (Q1) New Construction Conversion Type of Conversion Dwelling Project Zoning Date Application Other Acc. # of # of apps Type Location District Filed Status Attached Detached Attached Detached Garage Structure/Space bdrms ADU Size Pending 36 ADU North R-1 2/10/24 Resubmittal x x 1 412 In Plan 37 ADU North R-2 3/18/24 Check x x 1 360 In Plan 38 JADU North R-1 2/12/24 Check x 1 493 Item 11: Staff Report Pg. 8 Packet Pg. 523 of 554 Item 12 Item 12 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: INFORMATION REPORTS PALO Lead Department: Public Works ALTO Meeting Date: August 5, 2024 Report #:2407-3201 TITLE Fiscal Year 2024 Annual Evaluation Report for the Santa Clara County Multi -Jurisdictional Program for Public Information on Flood Preparedness and Awareness, and the Resulting Community Rating System Flood Insurance Discounts RECOMMENDATION This is an informational report and no Council action is required. BACKGROUND The Community Rating System (CRS) is a voluntary program under the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program that allows communities to earn flood insurance premium discounts for their residents and businesses. Communities earn CRS credit points for activities that promote flood risk reduction practices and encourage residents and businesses to purchase flood insurance. CRS Class Ratings are assigned at 500 - point increments, and each improvement in Class Rating nets an additional 5% flood insurance premium discount. The CRS Class Ratings range from 1 to 10, with 10 being the lowest rating and 1 being the highest. The City of Palo Alto has participated in the CRS program since 1990 and has been rated as a Class 6 community since 2017, affording residents and businesses a 20% or 10% (outside of Special Flood Hazard Area, or SFHA) discount on their flood insurance premiums. The CRS rating was due to a significant effort on flood awareness and floodplain management by the City. Neighboring cities have earned similar CRS ratings (Mountain View — 7, East Palo Alto — 8, Los Altos — 8, Sunnyvale — 7). The CRS Coordinator's Manual includes the option to implement a regional Program for Public Information (PPI). Under the PPI, a community or group of communities work together to create and deliver customized and consistent flood risk reduction outreach messages. By disseminating these messages, each community earns points that can improve their CRS rating. The number of CRS credit points earned depends on how extensive the implemented program is within each community's boundaries. City of Palo Alto has earned up to 122 points for its PPI efforts. City of Palo Alto residents and businesses pay $2.25 million (per FEMA data as of June 1, 2024) Item 12: Staff Report Pg. 1 Packet Pg. 524 of 554 Item 12 Item 12 Staff Report for flood insurance premiums per year. The total savings from the 20% insurance discount achieved by the City on behalf of its residents due to its CRS participation is approximately $521,000 per year (per FEMA data as of June 1, 2024). Without CRS, the residents and businesses would have paid $2.77 million. Palo Alto participates in the Santa Clara County Multi- Jurisdictional program to enhance the effectiveness of the flood risk messages to residents, reduce flood risks, and to maintain or improve the City's CRS rating of 6. As required by the terms of the PPI, the regional PPI committee must convene annually to evaluate whether the flood risk reduction messages are still appropriate and adjust them as needed. A report to FEMA must be submitted annually describing the PPI implementation. The annual report is transmitted to the council of each participating agency to provide updates on the various flood preparedness and awareness outreach programs that the Santa Clara County Multi -Jurisdictional PPI has undertaken for the past year. ANALYSIS The annual report for the 2024 Santa Clara County Multi -Jurisdictional PPI is provided as information for Council'. The report highlights the elements of the flood safety outreach programs implemented by the eleven Santa Clara County communities (Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Santa Clara County, and Sunnyvale) that participate with the Santa Clara Valley Water District (Valley Water) in CRS. Valley Water, along with representatives from each of the participating communities, developed the original 2015 PPI and the associated annual report. The committee meets annually to evaluate and approve the PPI. The 2024 report was created based on meetings that occurred on March 26, 2024 and May 29, 2024. The final version of the 2024 PPI was presented to and approved by Valley Water's Board of Directors on June 21, 2024. The worksheet on Appendix A lists the outreach projects, implementing agencies, and the messages associated with each of the projects; similarly, Appendix B lists the non -credited CRS outreach projects. Every year, participating communities must present the PPI plan to the legislative bodies to continue receiving CRS credit. The 2023 Santa Clara County Multi -Jurisdictional PPI was presented to Council on August 14, 20232. Staff will continue to provide information to Council on the Santa Clara County Multi -Jurisdictional PPI on a yearly basis after the end of each Fiscal 1 Santa Clara County Multi -Jurisdictional Program for Public information Annual Report; June 21, 2024; https://cityofpaIoaIto.org//files/assets/public/v/1/public-works/staff-reports-all/2024/santa-cla ra-county-multi- aurisdictional-ppi-2024.pdf 2 City Council, August 14, 2023; Agenda ltem#9; SR# 2306- 1647,https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/sr2306-1647-fy- 2023-annual-crs-flood-insurance-discounts-8.14.2023.pdf Item 12: Staff Report Pg. 2 Packet Pg. 525 of 554 Item 12 Item 12 Staff Report Year to achieve the maximum number of CRS credit points and associated flood insurance premium discounts for the community. FISCAL/RESOURCE IMPACT The review and approval of this informational report has no impact on the City's budget. Maintaining this rating and participation in this program saves the Palo Alto community 20% on flood insurance costs. STAKEHOLDER ENGAGEMENT The program was discussed and prepared by representative staff from the eleven participating communities. ENVIRONMENTAL REVIEW This is an informational report and not subject to the California Environmental Quality Act (CEQA). APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Item 12: Staff Report Pg. 3 Packet Pg. 526 of 554 Item 13 Item 13 Staff Report CITY OF PALO ALTO TITLE City Council Summer Recess Report RECOMMENDATION Informational report only. City Council Staff Report From: City Manager Report Type: INFORMATION REPORTS Lead Department: City Manager Meeting Date: August 5, 2024 Report #:2407-3265 EXECUTIVE SUMMARY The summer months often include vacations and family time outside of school, and through it all staff teams continue to ensure that City services are provided, camps and activities are enriching our youth, and Council Priorities continue to advance supporting residents, businesses, and visitors who live, work, and play in Palo Alto. This informational report offers a summary of notable activities and City work through the month of July. BACKGROUND This report shares brief updates, organized by department, on activities accomplished during the City Council's July recess. The report is not an exhaustive list of staff activities. The updates are to inform the City Council and public about items completed since the last City Council meeting of the fiscal year and other efforts underway. ANALYSIS Administrative Services Department End of Fiscal Year and New Fiscal Year Activities The Administrative Services Department (ASD) has been focused on transitioning to the next fiscal year. In partnership with the Information Technology (IT) Department, ASD staff completed the transition in the financial system. Both departments worked closely to increase automation of this transition and due to these efforts, the team smoothly completed the Item 13: Staff Report Pg. 1 Packet Pg. 527 of 554 Item 13 Item 13 Staff Report transition ahead of schedule. Closing of FY 2024 is underway and, automation of year-end accounts payable accruals was implemented. ASD's annual inventory of both warehouses, the Municipal Services Center and Regional Water Quality Control Plant, were completed. This process requires physically counting inventory of close to 4,500 stocked parts, totaling approximately $7.7 million. The Office of Management and Budget (OMB) is working on publishing the FY 2025 Municipal Fee Schedule along with the FY 2025 Adopted Operating and Capital Budget books, targeting a July release date for the Municipal Fees and an August release date for the Budget books. Recruitment A key department vacancy was filled with a new Budget Manager starting at the end of July, and other new employees to start by fall 2024: Senior Buyer in Purchasing (Utility focus), Grant Analyst, Payroll Accountant, Risk Manager, and a Treasury Management Analyst. eProcurement + Other Process Efficiencies Several process efficiency efforts are underway or completed, such as a new eProcurement system, which streamlines purchasing requests and planning and staff are exploring ways to minimize department wait times to encumber and spend contract funds. Roth Building Construction As of the end of July, the Roth Building project is 54% complete. The insulation installed on the second floor passed inspection in early July. Glass blocks were installed at the basement and Stair 1 openings, the transformer pad and transformer were set, and waterproofing at the second -floor balconies at additions was completed. The second -floor sheet rock installation and energizing the building is expected to be complete by end of July. Ongoing activities include overhead and in -wall low voltage rough -in at the first floor, framing and wiring for updated light fixtures, installation of light fixtures, and high roof terra cotta tile installation. CaIPERS Update Staff anticipates transmitting the June 30, 2023, CaIPERS valuations for the City's pension plans to the Finance Committee in the fall. CaIPERS completes valuations using member data two years in arrears and issues annual reporting each August. As of July 2024, CAPERS provided the following preliminary investment returns as compared to a 6.8% target: • 5.8% for the period ending June 30, 2023 (impact in FY 2026) • 9.3% for the period ending June 30, 2024 (impact in FY 2027) Consistent with past practice, staff will incorporate these results in financial planning, including the Long -Range Financial Forecast (LRFF) and annual budget development. Additionally, staff continues to use a lower discount rate than the 6.8% used by CaIPERS to calculate the Item 13: Staff Report Pg. 2 Packet Pg. 528 of 554 Item 13 Item 13 Staff Report employer's normal cost and transmit the difference as an additional contribution to the City's Pension Trust. As part of the FY 2025 Adopted Budget, the City Council approved continuing to use a discount rate of 5.3% in FY 2025. CaIPERS preliminary investment returns for the period ending June 30, 2024, were announced on July 15, 2024. Inflation Reduction Act Clean Energy Tax Credits Staff submitted its pre -filing registration of seven electric vehicles for Clean Energy Tax Credits, and expect to receive $40,000, subject to IRS review. City Manager's Office TRUST Augmentation Evaluation In September 2022, the City received a $2 million Community Project Funding grant for an alternative response program in Palo Alto, Mountain View, and Los Altos. Since Santa Clara County had already set up an alternative response program ("TRUST") serving the Palo Alto area, the City focused on augmenting TRUST with outreach and marketing, case management, and Mental Health First Aid trainings. Staff contracted with RDA Consulting to evaluate the augmentation and report on its performance in relation to the goals of the grant. Some highlights from the recently released report include: - Community members, Police Departments, and staff from the three Augmentation Cities have developed new and enhanced awareness of how to respond in a mental health crisis, including awareness of the availability of TRUST as a resource. Utilization of TRUST steadily increased throughout the Evaluation period. Case Management services resulted in positive client outcomes. The TRUST augmentation activities end September 2024, with the final reports to the granting agency and an information item to the City Council is anticipated for this December. El Camino Real and Safe Parking Staff continued to work with community partners to expand safe parking in Palo Alto to accommodate potential displaced vehicle dwellers along El Camino Real. We are working closely with the Santa Clara County Office of Supportive Housing and other agencies on an expansion of the current City safe parking site. Funding is needed for the expansion of safe parking which will mostly be based on a significant fundraising effort for the next six months. The Palo Alto Community Fund, has donated $20,000 for this effort to City's safe parking operator, MOVE Mountain View. Additionally, staff worked with Townsend Public Affairs to apply for State funding which, if granted, will support expanded safe parking and a pathway to permanent housing for the people living in vehicles along El Item 13: Staff Report Pg. 3 Packet Pg. 529 of 554 Item 13 Item 13 Staff Report Camino Real in Palo Alto. Caltrans has indicated it expects to start El Camino Real paving work in early September. Palo Alto Homekey Project Progress Modular fabrication continued at the offsite factory in Pennsylvania. Site work moved forward with a variety of activities including installing site power distribution underground conduit, pouring concrete for light pole bases and the elevator pit, and forming of the building concrete slabs. In August, the construction team anticipates completing the concrete building pads and installing low voltage (e.g., access control, security camera, and wireless internet) underground conduit. Sunnyvale Shelter Impacts This summer it was reported that there will be a change in operator for the Sunnyvale shelter. The new operator expects to begin serving families in the fall of 2024 and there will be a period of serving both single adults and families. By July 2025, the site will be a family shelter. Unhoused single adults from around the County which previously went to the Sunnyvale shelter would likely join the queue for any single -adult serving shelter, including Palo Alto Homekey which will serve both single -adults and families when it opens in early 2025. From 2021-2023, on average, 64 people affiliated with Palo Alto were enrolled each year at the Sunnyvale shelter, 184 at other North County shelters, and 249 at shelters outside of North County. Annual Community Survey Staff reviewed the annual Community Survey to be conducted by Polco/National Research Center in August. Survey goals include gaining insight into residents' perspectives about the community, including amenities, services, public trust, resident engagement, and unmet service needs. The survey will be offered in English, Spanish and Chinese, and results will be presented to the City Council this winter. Economic Development Activities Staff has continued engaging merchants and the general public on programming public spaces, circulation and outdoor patio guidelines as part of developing street design alternatives. Cal Ave. Car Free Streets Design Concepts As part of the City's continued efforts to engage stakeholders on the future of California Avenue, we released an online survey on July 3, 2024. This survey gathers input on signage and street design concepts for Cal. Ave to advance City Council's direction to enhance Cal. Ave as a permanent car -free street. To date, we have received 822 responses. The survey closes on August 11, 2024. The City will continue engaging community members and merchants through various forums on programming public spaces, circulation and outdoor patio guidelines as part of developing street design alternatives. Item 13: Staff Report Pg. 4 Packet Pg. 530 of 554 Item 13 Item 13 Staff Report Middlefield Building Fire Recovery Status The City is actively working with the property owner of the buildings impacted by the Middlefield fire. There are permits for shoring and hazardous materials clean up and testing. A hazardous materials plan was recently finalized and waiting for work to be scheduled to shore up the buildings. Following this work, inspections will take place by the City and the property owner's insurance company, which will inform next steps. Community Services Department Recreation On July 4, the City celebrated its 40th Chili Cook Off and Summer Festival at Mitchell Park, with 10 chili -cooking teams competing for cash prizes. The teams cooked approximately 285 gallons of chili. Approximately 1,900 wristbands were distributed to attendees to sample the chili; up from last year's wristband count of about 1,600. Summer Camps This year's summer camps are in full swing, from the Baylands up to Foothills Nature Preserve and everywhere in between. There are 277 camps, and 3,964 campers were enrolled out of 4,937 available spots; there are another 2,526 campers on waiting lists for various camps. Some of the high demand camps include What's for Brunch & Let Them Eat Cake, Zoo Camp, 2 -Week Theatre Academy, and Ceramics for Kids. Revenue for all CSD Summer Camps as of July 25, 2024 is $1,705,501.42. Camps end August 9. Rinconada Pool The Swim School (lessons) and Open Swim programs continue to grow as we rebuild after the pandemic. The learn to swim program camp structure was changed from two half day camps to one main camp per day to support its growth, which has continued to be in demand. Human Services The Human Relations Commission hosted a Listening Session with leadership from 11 faith communities at a special meeting on June 20. The faith leaders shared ways in which they could partner with the City, past challenges, and ways the City could support the church communities more broadly. In response to the excessive heat warning and heat advisory, on July 4 a Cooling Center was opened and staffed at the Lucie Stern Community Center, noon — 5 p.m., and at Mitchell Park Community Center for Chili Cook Off & Summer Festival attendees. Public Art Program Artist Cameron Moberg competed a site -specific mural titled "Generations" at Cubberley Community Center. The mural spans two walls on the H- and U -wings at the north-east end of Item 13: Staff Report Pg. 5 Packet Pg. 531 of 554 Item 13 Item 13 Staff Report the Campus and is inspired by the artist's interactions with community members and activities at Cubberley. ArtLift Grants- Utility Boxes Edition: Twenty Palo Alto and Bay Area -based artists were selected to design and paint original works using City -owned utility boxes as their canvases. The utility boxes will be painted this summer and fall. Projects completed thus far include one in Midtown on July 11 and one near JLS planned for July 26, with one utility box project being completed by the Teen Arts Council near Palo Alto High School by August 4. Three Bay Area artists were selected to design and paint three murals in downtown Palo Alto. Informed by the community engagement throughout July, the artists will submit their conceptual designs for Public Art Commission (PAC) review and approval in August and painting onsite in early October. A conceptual design by artist Bodeck Luna for Fire Station 5 was approved by the PAC at their July 18 meeting. The design was inspired by the artists' community engagement, rich history, and lush landscapes of the Barron Park neighborhood and will be painted on the Station's roll - up engine door in late August. Palo Alto Art Center The Art Center is closing out a year of food programming with the exhibition What's Cookin'? Art, Culture, and Community, on view from June 22 -August 18. The exhibition features artwork from more than 60 artists in a wide range of media exploring the power of food to connect us to community, culture, and each other. The Art Center summer camps experienced record enrollment with 772 children and teens in art camps in all media, and Counselor In Training (CIT) and Lead Counselor In Training (LCIT) programs, generating more than $250,000 in revenue. Summer adult art class programs enrolled 282 people with 93 on waiting lists, generating over $60,000 in revenue. Melbourne -based ceramic artist Sally Walk provided a free lecture and workshop in the studios. The ACGA Clay and Glass Festival returned on July 14 and 15, drawing more than 10,000 people to the Art Center to experience ceramic and glass artwork from regional artists. The summer intern program continues to provide meaningful work experience in the arts for diverse teens from around the country. This summer, undergraduate interns and graduate fellows were from University of San Francisco: Museum Studies Master's Program; UC Riverside, George Washington University, University of Washington, Syracuse, Barnard, and the University of Miami. Based upon continued demand, the facility rental program is thriving; at the end of FY24 revenue goals were exceeded by more than $100,000. Item 13: Staff Report Pg. 6 Packet Pg. 532 of 554 Item 13 Item 13 Staff Report Children's Theatre In July, Palo Alto Children's Theatre produced the second of three Summer Hot Dog Season productions, A Peter Rabbit Tale. More than 3,000 people attended the sold -out production with a Magical Series Spectrum & Sensory Friendly Performance on July 18. The Magical Series Afternoon Theatre Camp was offered for those who benefit from camps based on developmental age and smaller class sizes, plus other inclusive Magical Series offerings such as Summer Sing -Along, Spectrum -Friendly Story Acting and Dance classes, and Music Therapy Classes. The Teen Arts Council closed out the school year with WaveFest, an outdoor music and art festival for teens. Almost 300 teens attended this year's festival that included teen bands, dance companies, student vendors and clubs, local community groups, and Teen Leadership Groups from the Library and Palo Alto Art Center. Open Space Open Space Park Rangers focused on accomplishing annual fuel reduction requirements. Rangers closely monitored and managed the Open Space preserves on July 4 for increased visitor use and provided additional monitoring for fire prevention. The vacant Foothills Preserve Open Space Technician position was filled with an anticipated start date of August 12. Parks The annual athletic field aeration and over -seeding renovations were completed. Park irrigation scheduling and ongoing maintenance are continually modified to compensate for the warmer seasonal temperatures. Baylands Golf Links With seasonal warm weather, 5,890 rounds of golf were played in June and the course observed higher usage of the practice facilities. Fire Department Regional Fire Deployment Status There are 17 active wildfires in Northern California. On Sunday, July 21 Palo Alto Fire deployed Engine 365 to the Ridge Fire in Sonoma County. On Tuesday, July 23, the strike team was reassigned to the Gold Complex in the Plumas National Forrest; a wildfire which began Monday night due to lightning strikes. This is the second -strike team deployment of Engine 365. Human Resources Department In June and July, 104 new employee hires were onboarded. This includes the annual hiring process HR completes in partnership with the Community Services Department to onboard Item 13: Staff Report Pg. 7 Packet Pg. 533 of 554 Item 13 Item 13 Staff Report summer camp leaders for the Recreation, Arts, and Children's Theatre programs - 75 Hourly new hires were onboarded, a record high. In addition, there were 10 promotions. HR assisted hiring, onboarding, and developing summer programming for 14 summer interns in Administrative Services, City Clerk, City Manager, Library, Public Works, Transportation, and Utilities departments. They are all enthusiastically working on many great projects that support staff and the community. Human Resources partnered with City Manager staff to plan several learning opportunities and activities to connect interns with each other, staff, and resources to help support and encourage careers in local government. A closing ceremony will be held in August to celebrate their completion of the summer program. The City entered its second year partnering with Palo Alto Unified School District (PAUSD) to offer City employees the opportunity to enroll their children into PAUSD schools that have openings. This enrollment opportunity deepens our employees' commitment to the Palo Alto community and strengthen the City's ability to attract and retain employees. Five additional employees enrolled their children, bringing the total to 17 City employee families who have been accepted and placed into various schools for the 24-25 school year. These employees represent the Community Services, Fire, IT, Police, and Public Works departments. Library Department The Library expanded its open hours at Children's Library on July 8 and is now open six days a week, adding Mondays and Fridays to its service days. The Words on Wheels: Home Delivery program was relaunched. Words on Wheels is available for Palo Alto residents who are unable to visit the Library and borrow items, due to health and mobility issues. Sign up for this free service and enjoy items delivered for an extended time period. This is also a great volunteer opportunity for anyone wanting to deliver items to homebound customers. The Library is participating in the City's annual Open House at the Municipal Service Center on July 27 again this year by provide activities such as corn hole toss, Q&A prize wheel and coloring craft, in addition to promoting library services and events. Staff continued eHelp visits to the Channing House retirement community to provide personalized assistance with eBooks and digital collections, helping residents stay connected and engaged. eLibrary resources were expanded to add a subscription for ConsumerReports.org in the July collection. This expansion provides comprehensive access to the print and digital magazine. The Vintage Media Lab at Mitchell Park Library expanded its open hours with the help of two summer interns. This digitization service supports preserving precious memories by converting vintage media into modern digital formats. The lab provides all necessary equipment, ensuring a smooth and efficient digitization process. Item 13: Staff Report Pg. 8 Packet Pg. 534 of 554 Item 13 Item 13 Staff Report Office of Emergency Services Staff continues to support the development of a Local Hazard Mitigation Plan, notably receiving the Local Hazard Mitigation Plan annex back from Santa Clara County after a review process by the California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA). Staff anticipates Council consideration of the plan this Fall. Staff began updates to both the Community Wildfire Protection Plan (CWPP) and related work on the Foothills Fire Management Plan (FFMP). In addition, staff partnered with the Fire Department on deploying wildfire detection sensors in the Wildland Urban Interface (WUI) with Stanford University and the Woodside Fire Protection District. Finally, work has begun to the update of the City's Emergency Operations Plan (EOP). Activities continued related to supporting the Emergency Services Volunteer (ESV) Program, including training sessions and drills conducted with residents, and expanded the ESV radio network system. Office of Transportation El Camino Real Repaving and Bike Lanes Project Staff actively engaged with California State Department of Transportation (Caltrans), business and neighborhood stakeholders, and the community to shape the future of El Camino Real and advance City Council's June 18, 2024 direction. Staff conducted several meetings with the City's consultant, Caltrans, GreenWaste of Palo Alto, Stanford and other stakeholders. Staff has continued to develop recommended adjustments to the Residential Preferential Parking (RRP) program to: - Identify opportunities to provide temporary safe parking for vehicle dwellers - Revise restrictions on short-term parking in nearby side streets - Identify locations for additional bike parking A new webpage was published to provide information on the Caltrans El Camino Real Improvements repaving project. The new website is available at www.citvofoaIoaIto.orR/ECRPavementProiect Additional Caltrain Bicycle and Pedestrian Crossings This spring, the City released a Request for Proposals for consultant services to identify locations and develop design concepts for up to two new bicycle and pedestrian grade - separated crossings on the Caltrain corridor, and Alma Street if needed, in Southern Palo Alto i.e., south of Oregon Expressway. The study will also identify bicycle and pedestrian enhancements that link the proposed grade -separated crossing sites to the existing/proposed bicycle and pedestrian networks within the neighborhoods adjacent to the railroad tracks. A contract with a preferred vendor will be advanced for City Council consideration later this Item 13: Staff Report Pg. 9 Packet Pg. 535 of 554 Item 13 Item 13 Staff Report summer. The study is anticipated to take 16 to 24 months to complete and will include robust community engagement. Churchill Avenue Enhanced Bikeways Project The Churchill Avenue Enhanced Bikeways Project has been transitioned to Public Works for bidding and procurement of a construction contractor. Staff plans to conduct community outreach soon after the contractor is on board. All necessary easement agreements from Palo Alto Unified School District were signed, granting use of PAUSD land for the project. Staff also obtained the required encroachment permit from Caltrans for the improvement work at the El Camino Real and Churchill Avenue intersection. Churchill Avenue/Alma Street Intersection and Railroad Crossing Safety Improvements Staff completed the final design for the Caltrain rail crossing and intersection traffic signal improvements and awarded a construction contract for portions of this project within the City's right-of-way. Construction is in progress and managed by Public Works staff. Portions of the project that fall within the Caltrain right-of-way are managed by the Peninsula Corridor Joint Powers Board. Embarcadero Road Improvement Project (Alma Street to Emerson Avenue) The project design is substantially complete. However, this project is on hold due to a utility gas line replacement project conflicting with proposed improvements in the project area. Staff plans to conduct outreach soon after the utility project is complete. Palo Alto Link Palo Alto Link's new operating hours, 7 a.m. to 7 p.m., have helped improve the service's regular efficiency and usefulness, providing up to 418 completed trips per day in June, and averaging up to 3.7 trips per driver service hour. Beginning in September, all fare types will increase to $4 per trip. Parking Updates A Downtown parking survey is circulating now through August 4 to gain input that will be used to evaluate additional parking permit types, explore customer enhancements such as validation, mobile payment, and potential parking time limit extensions. The City released a Request For Proposals (RFP) to hire a parking services vendor for the Downtown and University Avenue Parking District. As of July 1, daily parking rates were adjusted in Downtown parking garages and lots to $15. Additionally, four Downtown garages will receive Automated Parking Guidance Systems similar to the Cal Ave. garage; the project is fully underway and expected to be complete by Spring 2025. Construction started in the Garage R (Alma/High). Item 13: Staff Report Pg. 10 Packet Pg. 536 of 554 Item 13 Item 13 Staff Report Quiet Zones The Quiet Zones project is divided into two separate efforts: one for Palo Alto Avenue and another for the remaining crossings at Churchill Avenue, Meadow Drive, and Charleston Road. The consultant working on the Palo Alto Avenue Quiet Zone is developing 100% plans, specifications, and estimates. Staff will then seek permits to construct improvements from the California Public Utilities Commission (CPUC). Initial Quiet Zone evaluation was completed for at Churchill Avenue, Meadow Drive, and Charleston Road crossings. The consultant is developing conceptual plans for the proposed measures at these crossings. Staff plans to update the Rail Committee this fall. Rail Grade Separation Project Following Council's recent direction on grade separation projects, staff is collaborating with Caltrain and the Santa Clara Valley Transportation Agency staff to develop a cooperative agreement for the Preliminary Engineering and Environmental Documentation phase and funding from Measure B Grade Separation funds. City staff also worked with State representatives to successfully preserve the California State Transportation Authority (CaISTA) to secure the Transit and Intercity Capital Program funding awarded for the project, which was being considered for reduction/elimination in the Governor's budget. Safe Routes to School On June 25, Safe Routes to School Staff and Public Works staff partnered to help facilitate a student -led Parks and Recreation Commission presentation supporting the creation of Palo Alto's first traffic garden at the Ventura Community Center. A traffic garden is a bike track course with tiny streets featuring miniature versions of familiar elements such as roundabouts, crosswalks, stop signs, and bus stops. These gardens are designed to give young children a safe space to get familiar with cycling fundamentals at their own pace. Construction is anticipated to begin this year. Traffic Signal Operations Staff have continuously worked to improve traffic signal operations throughout the City with regular monitoring and adjustments to changing traffic conditions. Staff is in the process of procuring and updating the central operations system and intelligent transportation systems to incorporate current standards and technologies. Several capital projects are also in progress including infrastructure upgrades and optimization at existing traffic signals along Quarry Road between Palo Road and Vineyard Road, as well as other locations around the City. Planning & Development Services Department Boards and Commissions Continued to Meet The Historic Resources Board recommended a historic category upgrade for a mixed -use building constructed in 1901 at 431-433 Kipling Street. The Planning and Transportation Item 13: Staff Report Pg. 11 Packet Pg. 537 of 554 Item 13 Item 13 Staff Report Commission discussed the Buena Vista Mobile Home Park tentative map and recommended advancing an ordinance implementing state laws scheduled to be presented to Council in August. The Architectural Review Board met to discuss and provide input on the Palo Alto Commons Planned Community and an update to the City's lighting standards and new bird -safe design standards. Policy Development The City received a comment letter on July 9, 2024 from the California Department of Housing and Community Development (HCD) requesting additional minor refinements to the 2023-31 Adopted Palo Alto Housing Element. Staff met with HCD on July 15 to discuss the proposed refinements. The revised Housing Element was recirculated for public review from July 17 to July 25. HCD communicated to staff that it will issue another letter regarding refinement or certification on an accelerated timeline following the end of the public review period. Staff anticipates HCD will conclude its review in mid -August. An RFP for the San Antonio Road Area Plan (Area Plan) was issued on June 20 and will close on September 4. Staff anticipates evaluating proposals and presenting a recommended consultant in the late fall/early winter. In late June, an RFP for the Seismic Hazard Identification Program closed, and evaluations are underway. Staff anticipates presenting a recommended consultant in the fall and initiating the project later this year. In July, staff began testing a preliminary portal for the Rental Registry Program. Following a series of property owner notifications and a community information session on August 22, the first open registration is expected to begin on October 1. Development Services Trial, New Offering, and Pilot Program BuildCheckAl: The department continues to explore opportunities to make the review process more efficient, including researching and understanding new technologies. Staff completed a 60 -day trial with BuildCheckAl, a company with a software that uses artificially intelligent technology to assess application submittals for completion. The trial concluded on July 17 and assessed three types of projects: new single-family homes/accessory dwelling units/accessory structures, single family residential alterations or additions, and residential bathroom or kitchen remodels. Staff uploaded the submitted documentation of approximately 66 Building Pre -Applications to assess accuracy, speed, and effectiveness. Staff is assessing the results of the trial, conducting a cost and benefit analysis, and determining next steps. Instant Permits: As of July 1, licensed contractors can obtain an instant permit for kitchen and bath remodels for residential single-family, ADU, or duplex kitchen or bath remodels within the existing footprint and that do not involve additions to fixture count or equipment. Kitchen and/or bath remodels in existing homes are one of the most popular project types that the Development Center processes. This process does not require plan review and the permit issuance is instantaneous. Changes in placement of fixtures, equipment, and number of outlets Item 13: Staff Report Pg. 12 Packet Pg. 538 of 554 Item 13 Item 13 Staff Report is allowed; however, projects involving changes to walls, windows, doors, or structure would need to through the Pre -Application Process. Over -the -Counter Pilot: On August 1, a pilot over -the counter permit program for eligible residential mechanical, electrical, and plumbing projects will be launched to improve the permitting experience. This new effort offers applicants the ability to meet with a dedicated plan review team in -person or virtually and obtain permits for a range of eligible home projects. This program will support permitting residential sustainability projects and other single-family home renovations with ease; enhancing customer service by reducing the processing time needed for property owners seeking to advance eligible projects. Stand-alone electrical, mechanical, and plumbing permits for equipment or systems associated with single-family structures and individual units within multi -family structures are eligible for the program. Staff will compare permit processing times and customer satisfaction across projects processed regularly and those participating in the pilot program for areas of improvement and determining future offerings. Police Department National Night Out On Tuesday, August 5, the Police Department is hosting their annual National Night Out at two concurrent at Eleanor Pardee Park and Bol Park. At both locations, there will be games, emergency vehicles on display, and public safety staff to chat with residents. Consistent with prior years, staff will also visit resident -hosted block parties around town. Recruitment Over the summer, the Department hired four new officers, who will soon begin the police academy, three new dispatchers, and two new professional staff members. Traffic Team The two newest members of the traffic team are in the process of completing motorcycle training and should be visible around town by the end of August. Public Works Services Department Capital Improvement Program Projects In late June, prefabricated restrooms were installed at Ramos, Rinconada, and Boulware parks. Remaining onsite work includes concrete and asphalt paving, site utilities and connections, and minor planting and irrigation. Work at the restroom sites in Rinconada and Ramos parks is anticipated to be complete by August, while the Boulware Park restroom will be completed with the completion of the larger park improvement project anticipated later this fall. Item 13: Staff Report Pg. 13 Packet Pg. 539 of 554 Item 13 Item 13 Staff Report Public Safety Building work continues including furniture installation, artwork, and testing of fire and other building systems. Temporary occupancy is anticipated for a phased move -in beginning September 2024. In July, work started on the Downtown Automated Parking Guidance project at Garage R (Alma/High). The contractor will work in one garage at a time. Ongoing Parklet Program and Emerson Paving Work In June, staff sent out letters to all parklet owners describing the transition from the temporary to ongoing program including requiring submission of a pre -application and payment of fees by July 15. Paving and concrete work started on the first section of Emerson Street (Channing to Hamilton Avenue) on July 1 and completed by July 31. Work on the second section (Hamilton to Lytton Avenue) will start on August 1 and be completed by August 31. Horizontal Levee The Palo Alto Horizontal Levee Pilot Project construction is delayed at least a year due to higher construction bids than project funding available. During this time, staff will seek additional grant funding, explore project design changes, and rebid the project. This project will be a first of its kind to utilize treated wastewater for sea level rise adaptation to create a transitional brackish habitat on the Bayside of a future flood control levee. Even with the recent news of construction delays, Palo Alto's work is well ahead of other Bay Area wastewater plants in using horizontal levees as green infrastructure within larger flood control levee improvement projects and will be an early example for others to learn from. FISCAL/RESOURCE IMPACT This report is informational only and items will be brought to the City Council independently, should they need additional fiscal or policy considerations. STAKEHOLDER ENGAGEMENT Enhanced community engagement continued. Work is underway planning for the next two Neighborhood Town Hall meetings, applications are available for the Downtown Area Housing Plan Community Advisory Group and the inaugural Youth Climate Advisory Group, and three open surveys to gain input on key topic areas. Website statistics for January — June 2024 include: - 1,642,583 total pageviews - 518,840 users - Top 10 Visited Web Pages o Home page o Creek Monitor Item 13: Staff Report Pg. 14 Packet Pg. 540 of 554 Item 13 Item 13 Staff Report o Content Search landing page o Utilities Department o News Articles o Register for Activities & Classes o Palo Alto Children's Theatre o Outages o Careers with the City of Palo Alto o Meeting Agendas and Minutes Other communications shared during the Council recess include: - Apply for the Downtown Housing Plan Community Advisory Group - Community Fun & Festivities Continue in July - Community Topics: Summer Engagement Opportunities - Excessive Heat Warning and Heat Advisory - Construction Updates —July & August - Apply to the Inaugural Youth Climate Advisory Board - In Case You Missed It: Recent Blog Highlights - Revised Housing Element Public Comment Period Open - Recent Global Tech Issue — City Response & Safety Message - Heat Advisory and Excessive Heat Warning July 22 — 24 - Mechanical, Electrical, and Plumbing Streamlined Permit Launches Aug. 1 ENVIRONMENTAL REVIEW This report is for informational purposes only with no action required by the Council and is therefore not a project subject to CEQA review. ATTACHMENTS None APPROVED BY: Ed Shikada, City Manager Item 13: Staff Report Pg. 15 Packet Pg. 541 of 554 Item 14 Item 14 Staff Report CITY OF PALO ALTO City Council Staff Report From: Mahealani Ah Yun, City Clerk Report Type: INFORMATION REPORTS Meeting Date: August 5, 2024 Report #:2407-3294 TITLE Update on Pending State and Federal Legislation, Advocacy and Grant Writing Activities; CEQA status — not a project RECOMMENDATION This is an informational report; no action is requested. BACKGROUND The City Council annually adopts Legislative Guidelines'. They provide a baseline for the City's legislative advocates at the State and Federal level to advocate on the City's behalf in relation to proposed legislation. The guidelines reflect and activate Council's priorities; they do not supplant them. Where the guidelines provide sufficient direction, the City's legislative advocates may discuss Palo Alto's interests with legislators and their staff and/or may prepare a letter of advocacy in alignment with the guidelines for the Mayor's signature. This is key to enabling the City to weigh in on fast-moving developments. This report provides an update on topics covered in Council's last legislative update on May 6, 20241. Attached to this report is a memo from Townsend Public Affairs (TPA), the City's legislative consultants, highlighting recent legislative, budgetary, and judicial actions impacting the City. The first section details state bills on which the City has adopted positions and bills TPA is monitoring for the City, including the bill's status, summary and the City's position (if one has been adopted). The memo next summarizes state and federal budgetary and appropriation actions, including the successful inclusion of state budget trailer bill language that protects Palo Alto's grade separation 1 City of Palo Alto 2024 Federal and State Legislative Guidelines https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/legislation/adopted-2024-legislative- guidelines.pdf 2 City Council, May 6, 2024; Agenda Item #12; Staff Report # 2402-2635, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82810 Item 14: Staff Report Pg. 1 Packet Pg. 542 of 554 Item 14 Item 14 Staff Report funding and inclusion of a funding request for Fire Station No. 4 in the FY 25 Federal Appropriations package. Finally, the memo summarizes two Supreme Court decisions of interest to the City. As in previous election years, the Council will consider positions on state and local ballot measures later in the fall. FISCAL/RESOURCE IMPACT There is no fiscal impact associated with receiving this report. The City Council budgets annually for legislative advocacy services. STAKEHOLDER ENGAGEMENT Staff from multiple departments are involved in the City's legislative advocacy process. Staff meets regularly with the City's legislative consultants to review pending state and federal legislation and grant opportunities linked to state and federal programs. ENVIRONMENTAL REVIEW The City's legislative advocacy activities are not a project under section 15387(b)(5) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical changes in the environment). ATTACHMENTS Attachment A: Townsend Public Affairs Memo APPROVED BY: Mahealani Ah Yun, City Clerk Staff: Christine Prior, Deputy City Clerk Item 14: Staff Report Pg. 2 Packet Pg. 543 of 554 TOWNSEND Item 14 Attachment A -Townsend Public Affairs Memo MEMORANDUM To: The Honorable Greer Stone and Members of the Palo Alto City Council CC: Ed Shikada, City Manager Chantal Cotton Gaines, Deputy City Manager From: Townsend Public Affairs Christopher Townsend, President Niccolo De Luca, Vice President Carlin Shelby, Senior Associate Joseph Melo, Senior Federal Associate Date: July 22, 2024 Subject: State and Federal Legislative Updates Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Palo Alto to provide a summary of State and Federal efforts, highlight the current status of the legislative process, and identify various pieces of legislation that may be of interest to the City. State Legislative Update As of July 22, the State Legislature is nearing the final stretch of the 2023-2024 legislative session, following the passage of several key milestones, including the second house policy committee deadline on July 3. Upon the Legislature's return from summer recess on August 5, lawmakers will have until August 31 to complete all legislative activities before adjournment. The Governor will have until September 30 to sign or veto measures that are passed to his desk for final action. The return from Summer Recess on August 5 will feature Appropriations Committee hearings for both houses — both with immense bill agendas to consider. Following the first week of Appropriations Committee hearings, lawmakers will also need to move any financially significant bills through a second suspense file before they can move to the floor for final votes. Key legislative trends from the 2024 legislative session include serial theft prevention proposals, modifications to future cycles of the Regional Housing Needs Determination/Allocation process, labor and contracting requirements, and climate resiliency improvements. The following chart details priority legislation and corresponding city positions: Measure Author Topic Status Summary Position AB 1725 McCarty, D Law 06/17/2024 - In Requires municipalities to annually post on Monitoring enforcement committee: their internet websites specified information settlements Referred to relating to settlements and judgments of and judgments: suspense file. $50,000 or more resulting from allegations of reporting. improper police conduct. Item 14: Staff Report Pg. 3 Packet Pg. 544 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Measure Author Topic Status Summary Position AB 1779 Irwin, D Theft: 07/01/2024 - Read Allows consolidation of specified theft Monitoring jurisdiction, second time. charges, as well as associated offenses, Ordered to third occurring in different counties into a single reading. trial if the district attorneys in all involved jurisdictions agree and expands jurisdiction for charging theft and receiving stolen property, AB 1820 Schiavo, D Housing 07/03/2024 - From Requires local agencies to provide Monitoring development committee: Do developers with more information on fees and projects: pass and re -refer exactions at various stages of the housing applications: to Com. on APPR. development approval process. fees and (Ayes 9. Noes 0.) exactions. AB 1886 Alvarez, D Housing 07/01/2024 — Clarifies that a housing element or Monitoring Element Law: Referred to amendment is not considered substantially substantial Appropriations compliant with housing element law until the compliance: Committee local agency has adopted a housing element Housing that the Department of Housing and Accountability Community Development (HCD) has Act. determined is in substantial compliance with housing element law, AB 1893 Wicks, D Housing 07/03/2024 - From Expands the scope of actions that constitute Monitoring Accountability committee: Do disapproval of a housing project under the Act: housing pass and re -refer Housing Accountability Act and revises the disapprovals: to Com. on APPR. standards a project must meet in order to "builder's qualify for the remedy." required local (Ayes 5. Noes 1.) findings. (July 3). Re - referred to Com. on APPR. AB 1960 Rivas, Sentencing 07/01/2024 - Read Creates, until January 1, 2030, new Monitoring Robert, D enhancements: second time. sentencing enhancements of one, two, three, property loss. Ordered to third or four years respectively for taking, reading. damaging or destroying any property in the commission or attempted commission of a felony or commission of a felony violation of receiving stolen property, if the loss or property value exceeds $50,000, $200,000, $1,000,000, or $3,000,000. AB 2023 Quirk- Housing 07/03/2024 - Creates a rebuttable presumption that a local Monitoring Silva, D element: Referred to government's housing element or inventory of Appropriations amendment is invalid if the Department of land: rebuttable Committee Housing and Community Development found presumptions. that the housing element or amendment is not substantially in compliance with housing element law and makes various changes to the housing element process. Item 14: Staff Report Pg. 4 Packet Pg. 545 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Measure Author Topic Status Summary Position AB 2236 Bauer- Solid waste: 07/03/2024 - Eliminates the exemption of thicker plastic Monitoring Kahan, D reusable Referred to film bags from the state's single -use bag ban. grocery bags: Appropriations Specifies the requirements for reusable bags standards: Committee and paper bags to be eligible for distribution plastic film and sale at stores. Stipulates that only paper prohibition. bags are permitted to be sold at point of sale. AB 2243 Wicks, D Affordable 07/03/2024 - Amends the language of the Affordable Monitoring Housing and Referred to Housing and High Road Jobs Act of 2022 High Road Appropriations (AB 2011, Wicks). These amendments Jobs Act of Committee facilitate implementation of AB 2011 by 2022: objective expanding its geographic applicability and standards and clarifying aspects of the law that are subject affordability to interpretation. and site criteria. AB 2309 Muratsuchi City attorney: 07/03/2024 - Authorizes any city attorney of a general law Monitoring D state law: Referred to city limited authority to prosecute misdemeanor. Appropriations misdemeanors committed within the city Committee under specified circumstances if the legislative body of a city passes or an ordinance granting the prosecutorial authority to the city attorney. AB 2485 Carrillo, Regional 07/03/2024 - Requires HCD to publish on its website the Support Juan, D housing need: Referred to data sources, analyses, and methodology to determination. Appropriations be used by the department to determine the Committee RHND, including specified assumptions and factors used in and applied to the DOF projections and engagement process with the COGs, prior to finalization of the RHND. Additionally requires HCD to convene an advisory panel to advise on its PHND methodologies. AB 2493 Zbur, D Crimes: 07/01/2024 - Read Authorizes a peace officer to arrest for a Support shoplifting, second time. shoplifting not in their presence and makes Ordered to third other changes related to retail theft. reading. AB 2561 McKinnor, Local public 07/03/2024 - Requires each public agency with high Monitoring D employees: Referred to vacancy rates to (1) meet and confer with the vacant Appropriations representative of the recognized employee positions. Committee organization, as specified, about substantive strategies to fill vacancies and (2) hold a public hearing about vacancy rates and obstacles to hiring as well as their strategies to fill vacancies. Item 14: Staff Report Pg. 5 Packet Pg. 546 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Measure Author Topic Status Summary Position AB 2580 Wicks, D Historical 07/02/2024 - Read Requires a local government to provide Monitoring resources. second time. specified information about historic Ordered to third designations, and how they affect its ability to reading. meet its housing needs, in its housing element and Annual Progress Report (APR). AB 2631 Fong, Local 07/02/2024 - Requires the Fair Political Practices Monitoring Mike, D agencies: Referred to Commission (FPPC) to provide an ethics ethics training. Appropriations training course to local officials. Committee AB 2729 Patterson, Residential 07/03/2024 - Limits a local agency's ability to collect Monitoring Joe, R fees and Referred to impact fees prior to final inspection or charges. Appropriations certificate of occupancy, and makes other Committee changes to the impact fee collection process. AB 3093 Ward, D Land use: 07/03/2024 - Creates two new income categories, Acutely Monitoring housing Referred to Low Income (ALI) and Extremely Low Income element: Appropriations (ELI), in the Regional Housing Needs streamlined Committee Allocation (RHNA) process and throughout Housing Element law. multifamily housing. AB 3116 Garcia, D Housing 06/26/2024 - Revises and recasts the existing density Monitoring development: Referred to bonus law benefits applicable to student density Appropriations housing developments. bonuses: Committee student housing developments. SB 721 Becker, D General plan: 07/01/2024 - Adds to the list of information local Monitoring annual report: Referred to governments must provide in their Annual suite -style Appropriations Progress Report (APR) by April 1 of each student Committee year the number of new and demolished housing suite -style student housing quarters by quarters. income category thus far in the housing element cycle, as determined by the Department of Housing and Community Development (HCD). SB 903 Skinner, D Environmental 5/16/24 — Dead. Prohibits a person from distributing, selling, Support health: product Failed in or offering for sale in the state a product that safety: PFAS Appropriations contains intentionally added per- or poly - Committee fluoroalkyl substances (PFAS) unless the use of PFAS is currently unavoidable, as defined. This bill would authorize the Department of Toxic Substances Control (DTSC) to establish regulations to administer the prohibition. Item 14: Staff Report Pg. 6 Packet Pg. 547 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Measure Author Topic Status Summary Position SB 905 Wiener, D Crimes: theft 07/01/2024 - Creates a new alternate felony -misdemeanor Monitor from a vehicle. Ordered to third for any person who forcibly enters a vehicle, reading. with the intent to commit a theft or any felony therein. SB 915 Cortese, D Local 07/02/24 — Dead. Authorizes cities to enact ordinances to Support government: Failed in protect public health, safety, and welfare as it autonomous transportation relates to autonomous vehicle (AV) services vehicle service, committee within that jurisdiction. SB 937 Wiener, D Development 06/27/2024 - Extends development entitlements for certain Monitoring projects: Referred to housing development projects by two years permits and Appropriations and places certain restrictions on the fees other Committee and charges a local agency may impose on entitlements: these projects. fees and charges. SB 982 Wahab, D Crimes: 07/01/2024 - Eliminates the sunset date for the crime of Monitoring organized theft. Ordered to third organized retail theft and for the existence of reading. a taskforce established by the California Highway Patrol to analyze organized retail theft and vehicle burglary and to assist local law enforcement in counties identified as having elevated property crime. SB 1037 Wiener, D Planning and 07/03/2024 - requires the imposition of civil penalties Monitoring zoning: Ordered to third against a local agency in any action brought housing reading. by the Attorney General (AG) to enforce element: housing element law or any state law that enforcement. requires a local agency to ministerially approve a planning or permitting application related to a housing development project. SB 1144 Skinner, D Marketplaces: 07/01/2024 - Expands existing provisions requiring online Monitoring online Ordered to third marketplaces to collect certain information marketplaces. reading. from high -volume third -party sellers and extends the authority to enforce these provisions to the district attorney in any county, a city attorney in any city, or a county counsel in any county. SB 1193 Meniivar, D Airports: 06/27/2024 - Prohibits an airport operator or aviation retail Support leaded aviation Referred to establishment from selling, distributing, or gasoline. Appropriations otherwise making available leaded aviation Committee gasoline (avgas) to consumers on or after January 1, 2031, in compliance with specified federal law. Item 14: Staff Report Pg. 7 Packet Pg. 548 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Measure Author Topic Status Summary Position SB 1210 Skinner, D New housing 06/26/2024 - Requires electrical, gas, sewer, and water Monitoring construction: Referred to service utilities — both public and private — to electrical, gas, Appropriations post fee schedules and estimated timeframes sewer, and Committee for new service connections and capacity water service: upgrades needed to connect new housing service construction projects. Exempts certain utilities connection from the requirements of the bill due to a information, showing of hardship. SB 1211 Skinner, D Land use: 06/26/2024 - Increases the allowable number of detached Monitoring accessory Referred to accessory dwelling units (ADUs) eligible for dwelling units: Appropriations ministerial permitting on lots with an existing ministerial Committee multifamily development. approval. SB 1243 Dodd, D Campaign contributions: 07/01/2024 - Ordered to third Makes various changes to a state law commonly referred to as the "Levine Act" that Monitoring agency reading. restricts campaign contributions to agency officers. elected officials from entities with business before the agency involving a license, permit, or other entitlement for use, including raising the threshold for campaign contributions regulated by the Act from $250 to $1,000. State Budget Update Following the adoption of the preliminary Budget Act, in late June, Governor Newsom, Senate President pro-Tempore Mike McGuire, and Speaker Robert Rivas announced their agreement on a proposed 2024-25 California state budget plan. In addition to the proposed agreement, the Legislature released 19 budget -related bills, which have been adopted by the Legislature and signed into law by the Governor prior to their departure for the summer recess. The 2024-25 state budget plan includes $211.5 billion of General Fund spending, $86.4 billion of spending from other state funds, and $153 billion from federal funds flowing through the state treasury. The budget agreement addresses the $28 billion budget deficit that remained after the early actions that were taken this session. The budget largely uses the same structure that was approved through the budget bill that was adopted by the Legislature previously to include a three- year suspension of medium-sized and large businesses' use of net operating loss (NOL) deductions and tax credits starting in 2024, one year earlier than the Governor's May Revision proposal, as well as Proposition 98 deferrals from previous budget years. These actions provided additional resources for the 2024-25 state budget, which is used to offset many of the program cuts that were proposed by the Administration as part of the January Budget Proposal and May Revise. Key highlights from the 19 -bill package include the following: • TK-12 spending is estimated at $136 billion in 2024-25 from all funding sources, with per pupil funding growing to over $24,000 from all sources, including about $18,400 per student from Proposition 98 sources. 6 Item 14: Staff Report Pg. 8 Packet Pg. 549 of 554 Item 14 Attachment A -Townsend Public Affairs Memo • Funding is restored to the Multifamily Housing Program and the Regional Early Action Planning 2.0 Program, and $1 billion (one-time General Fund support) is provided in 2024- 25 for the next round of the local Homeless Housing, Assistance and Prevention (HHAP) Grant Program. • The budget plan rejects most cuts to core programs, including CaIWORKs, foster care, and In -Home Supportive Services. The state budget plan largely maintains the level of climate and transportation spending as the Governor's proposed budget and preserves roughly $45 billion of the original $54 billion climate package. o This is possible largely by adopting a 5 -year Greenhouse Gas Reduction Fund plan that shifts $5.2 billion from the General Fund to the Greenhouse Gas Reduction Fund. Key legislative priorities were preserved in part, including funding for sustainable agriculture, water recycling, active transportation, equitable building decarbonization, offshore wind infrastructure, and extreme heat and community resilience. Both the University of California and California State University will receive 5 percent ongoing base increases in 2024-25, allowing campuses to accommodate California enrollment growth this fall. o Both segments will receive a small one-time cut in 2024-25, and they face deferred funding in 2025-26, which will allow both segments more time to adjust to lower - than -expected funding in the future. The Budget aims to balance the budget in the 2024-25 fiscal year, as well as the 2025-26 fiscal year, but it will leave projected budget deficits beginning in 2026-27. To help offset future issues, the Legislature is working with the Administration on proposes that would create a new temporary holding account for projected budget surpluses to ensure that a portion of the future surpluses materialize and create greater certainty about budgetary conditions. Additionally, the Legislature noted it will work with the Administration to place a constitutional amendment on a future state ballot (likely the 2026 statewide primary ballot) to expand the rainy day fund's maximum size and exclude certain state reserve deposits from the Gann limit. Grade Separation Budget Funding Agreement Throughout the 2024 State Budget Process and strategies to mitigate the projected budget deficit, the Governor proposed eliminating funding allocated to various programs. This included the elimination of $114 million designated for grade separation projects in the Bay Area. In 2022, the Budget Act allocated $113,790,000 from the Transit and Intercity Rail Capital Program (TIRCP) for critical grade separation initiatives in Burlingame, Mountain View, and Palo Alto. The City of Palo Alto was specifically awarded $23.79 million for the Connecting Palo Alto project, which focuses on grade separation at Churchill Avenue, Meadow Drive, and Charleston Road. This funding is essential for progressing the engineering design phase and leveraging federal funding for future stages. The Federal Railroad Administration (FRA) Railroad Crossing Elimination (RCE) Program award supports development activities across three key locations in Item 14: Staff Report Pg. 9 Packet Pg. 550 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Palo Alto. Without the TIRCP funding, the City's ability to secure future federal funds and maintain the project's competitive edge would be compromised. In response to the proposed funding cuts, the City, TPA, and other stakeholders worked to craft budget trailer bill language (contained within AB/SB 173) that requires transportation funding agencies to coordinate and identify available funding in state transportation programs to supplement the funds eliminated under the TIRCP and other grade separation programs. The funding plan is required to be finalized by April 30, 2025, and will prioritize and directly allocate funding to projects that are at risk of losing or failing to secure federal and local funding commitments, or that are at risk of approved project delays. The language will work to ensure that funding needs are met prior to any impacts on project delivery. TPA will continue to work with the Administration, the Legislature, and transportation funding agencies to chart a path forward for the receipt of previously awarded funding via the TIRCP program for the Connecting Palo Alto project. Congressionally Directed Spending Submittal The City/TPA team worked in partnership to draft, fine-tune, and submit a congressionally directed spending request for two projects: 1. Funding to Complete the Fire Station No. 4 Project 2. Palo Alto Intermodal Station (on behalf of Valley Transportation Authority) Both projects were determined to meet the required criteria to be eligible for federal community project request funding, including that they were shovel -ready and near completion, and had previous state and local community support. Congresswoman Eshoo put forward the Fire Station No. 4 project funding in the amount of $3,000, 000. Her office did not choose the Palo Alto Intermodal Station as a priority project. Following her selection of the project and advocacy with federal appropriators, the House Transportation Housing and Urban Development (THUD) Committee included the request in its markup of the appropriations package for $1,250,000. This funding amount is reflective of bipartisan negotiations, budget topline numbers, and requests among all 50 states. It is anticipated that this funding will remain stabilized as the FY 25 Federal Appropriations process continues. TPA advocates will continue to advocate for its inclusion in subsequent appropriations process actions and will monitor the progress of the Senate. Federal Appropriations Updates The Senate Appropriations Committee advanced their first three FY2025 funding bills during the week of July 15. The Agriculture -FDA, Legislative Branch, and Military Construction -VA bills all received unanimous votes. Additionally, the committee adopted top -line allocations for all 12 funding bills. Because the Senate is advancing legislation unanimously, the bills are likely to pass on the Senate floor. The Agriculture -FDA package would increase funding for the Special Supplemental Nutrition Program for Women, Infants, and Children to $7.7 billion. Senate Appropriations Chair Patty Murray championed an $83 million increase to housing rental assistance, to $1.7 billion. Veterans 8 Item 14: Staff Report Pg. 10 Packet Pg. 551 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Affairs medical care would see a decrease to $112.6 billion, down from $121 billion in FY2024. The Democratic committee summary noted that the FY2025 figure will be augmented by money previously approved for the Cost of War Toxic Exposures Fund. Chair Patty Murray and Vice Chair Susan Collins agreed to add billions in emergency funding: $13.5 billion for nondefense and nearly $21 billion for defense. The White House has called for the replenishment of the FEMA emergency fund, which would be addressed in this package. The House is continuing its work on the appropriations process as well. During the week of July 15, the Legislative Branch funding bill failed on the House floor due to policy riders attached to the spending package. Following the House's return, the legislative body will vote on Energy and Water, Financial Services, Agriculture -FDA, and Interior -Environment on July 22. It is likely that all appropriations packages will be approved by both chambers during the lame -duck session after the election. Supreme Court Rules Cities Can Enforce Homeless Encampment Laws On June 28, the Supreme Court ruled on The City of Grants Pass v. Oregon case, stating that cities may enforce laws restricting homeless encampments on sidewalks and other public property. In a 6-3 decision, the Supreme Court ruled it is not a "cruel and unusual" 8'h Amendment violation punishment for city officials to forbid homeless people from sleeping on the streets or in parks. This decision removes legal uncertainties regarding local homeless ordinances. Local governments will now be permitted to uphold or enact local ordinances related to homeless populations and encampments. Historically, since 2018, judicial rulings from the United States Ninth Circuit Court of Appeals held that it was unconstitutional to enforce anti -camping laws against people who had no home and nowhere to sleep. Local government officials have stated those rulings led to the growth of tent encampments in most cities on the West Coast, and as such, they joined an appeal to the Supreme Court seeking to clarify their authority over public property. Governor Gavin Newsom supports the Supreme Court's decision, as he previously filed an amicus brief to overrule the Ninth Circuit's decision. Other civil rights organizations have expressed their disappointment in the decision, iterating that the criminalization of homelessness will work against alleviating its root causes and could concentrate populations into low-income communities. Supreme Court Overturns Chevron Doctrine On June 28, the Supreme Court ruled 6-3 to overrule their landmark 1984 decision in the Chevron v. Natural Resources Defense Council case, which gave rise to the doctrine known as the Chevron doctrine. The Chevron Doctrine instructed courts to defer to a federal agency's interpretation of ambiguous or unclear statutes. For example, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency's interpretation of the statute, if it was reasonable. The ruling came from one of two cases challenging a rule by the National Marine Fisheries Service that required the herring industry to bear the costs of government observers on fishing boats. Under the current ruling, regulatory decisions may face increased scrutiny and litigation, as courts will now have a more active role in interpreting ambiguous statutes without deferring to agency expertise. The most significant impact of this ruling can be seen in environmental, technology, and health policy, where federal agencies used old statutes to regulate current problems. Chief Justice John Roberts clarified that the decision does not call into question prior cases that relied on the Chevron decision. Item 14: Staff Report Pg. 11 Packet Pg. 552 of 554 Item 14 Attachment A -Townsend Public Affairs Memo Looking Ahead: Tax Policy Set to Consume Capitol Hill in 2025 In 2025, the 2017 Tax Cuts and Jobs Act expires, providing an opportunity to shape tax policy for the rest of the decade. Lawmakers are already positioning themselves to be influential during the debate. In April, House Ways and Means Committee Republicans announced a set of Tax Teams established to draft their priorities and create legislative solutions ahead of the pivotal year. The House Ways and Means Committee Tax Teams are comprised of Republican Committee members with each team assigned specific areas of tax policy for review. Portfolio areas include American Manufacturing, Working Families, American Workforce, Main Street, New Economy, Rural America, Community Development, Supply Chains, U.S. Innovation, and Global Competitiveness. There has not been a formal announcement for Democrats, but that is susceptible to change after the November elections. Tax legislation is shaping up to be the biggest priority, aside from annual spending bills, in the 119th Congress. Popular tax legislation that passed either the House or Senate, but did not become law, will be on the table for discussion next year. Popular tax legislation that is anticipated to be relevant next year include: • State and Local Tax provisions (SALT) • H.R. 7024 Tax Relief for American Families and Workers Act of 2024 • S. 3673 Affordable Housing and Homeownership Protection Act of 2024. • H.R. 5863 Federal Disaster Tax Relief Act It is anticipated that the future tax package will be comprehensive, with everything on the negotiating table. 10 Item 14: Staff Report Pg. 12 Packet Pg. 553 of 554 Item 5 Item 5 Supplemental Report City Council Supplemental Report CITY O F From: Jonathan Lait, Planning and Development Services Director PALO Meeting Date: August 5, 2024 ALTO Item Number: 5 Report #:2408-3326 TITLE SUPPLEMENTAL MEMO: PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5 -acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61 -unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. 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. BACKGROUND The original link on packet page 30 footnote 1 was incorrect. Please see below for the correct link to the 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-amendment.pdf APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 5: Staff Report Pg. 1 Packet Pg. 554 of 554