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HomeMy WebLinkAbout2012-06-04 City Council Agenda PacketCITY OF PALO ALTO CITY COUNCIL Special Meeting Council Chambers June 4, 2012 5:30 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. 1 June 4, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Call to Order Closed Session Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Lalo Perez, David Ramberg, Kathryn Shen, Sandra Blanch, Marcie Scott, Darrell Murray) Employee Organization: Service Employees International Union, (SEIU) Local 521 Authority: Government Code Section 54957.6(a) 2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Lalo Perez, Joe Saccio, Kathryn Shen, Sandra Blanch, Marcie Scott, Darrell Murray) Unrepresented Employee Group: Management, Professional and Confidential Employees Authority: Government Code Section 54957.6(a) 3. CONFERENCE WITH REAL PROPERTY NEGIOTIATORS Property: Santa Clara County Assessor’s Parcel Number 182-46-006, Palo Alto Agency Negotiator: Steve Emslie, Lalo Perez, Hamid Ghaemmaghami Negotiating Parties: John Arillaga Under Negotiation: Price and Terms of Payment Special Orders of the Day 4. Gunn High School Robotics Team Presentation 2 June 4, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. City Manager Comments Minutes Approval February 21, 2012 March 5, 2012 Oral Communications Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Consent Calendar Items will be voted on in one motion unless removed from the calendar by two Council Members. 5. Approval of a Contract with VOX Network Solutions for Implementation Services Relating to Installation of Avaya Telecommunications System 6. Approval of Purchase Order for Acquisition of Hewlett Packard Company Network Switching Equipment 7. Approval of a Contract with Radovich Corp. dba Cal Coast Telecom for the Re-Cabling of City facilities in preparation for a Unified Communications System 8. Appointment of Paul Goldstein as the Palo Alto Bicycle Advisory Committee Representative to the Valley Transportation Authority's Bicycle and Pedestrian Advisory Committee 9. Approval of a Contract Amendment with BMS Design Group Contract (C11138343) to Extend the Term and Add $25,000 for a Total Not to Exceed Amount of $225,000 for the Palo Alto Rail Corridor Study 10.Submittal of Mitchell Park Library and Community Center Monthly Construction Contract Report 11.Approval of Amendment No. One to Agreement With the Palo Alto Unified School District for the provision of Fiscal Services by City to School District for the PAUSD 2012 Summer Enrichment Program and Provide Collaborative After-School Summer Programs 3 June 4, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 12.2nd Reading: Adoption of an Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 335 and 355 Alma Street from CD-C(P) and CN-N(P) to PC Planned Community Zone (PC__) for a Mixed Office and Retail, Four-Story, 50 Foot Tall Building (and a 70 Foot Tall Corner Tower Feature) on the Former Shell Station Site. The Project Includes Exceptions to the Daylight Plane and 35 Foot Height Limit Within 150 Feet of Residential Property. (First Reading May 14, 2012 - Passed 7-2) 13.Approval of an Agreement with the Town of Los Altos Hills and the County of Santa Clara for the Recovery of Two Thirds of the Costs ($33,334) for Improvements at Page Mill Road & Buena Vista Avenue- Moody Road 14.Adoption of a Resolution Approving a Professional Services Agreement between the Northern California Power Agency and the Cities of Alameda, Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services 15.Adoption of a Resolution Calling a General Municipal Election- Tuesday, November 6, 2012 Agenda Changes, Additions and Deletions HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and put up to three minutes for concluding remarks after other members of the public have spoken. OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker. Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 16.Public Hearing: Appeal Of An Architectural Review Approval And A Record Of Land Use Action Regarding the Director's Architectural Review Approval Of A Three Story Development Consisting Of 84 Rental Residential Units In 104,971 Square Feet Within The Upper Floors, 50,467 S.F. Ground Floor Research And Development Area, Subterranean And Surface Parking Facilities, And Offsite Improvements, With Two Concessions Under State Housing Density Bonus Law (GC65915), and Approval of a Mitigated Negative Declaration, On A 2.5 Acre Parcel At 195 Page Mill Road And 2865 Park Boulevard. * Quasi-Judicial 4 June 4, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 17.Approval of Budget and Schedule for Technical Analysis of Hazardous Materials Implications for Zoning at Industrial Locations and for Plating Shop Operations at Communications and Power Industries (CPI) at 811 Hansen Way Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. PUBLIC COMMENT Members of the Public are entitled to directly address the City Council/Committee concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council/Committee on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very helpful. 5 June 4, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Supplemental Information Standing Committee Meetings Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Finance Committee Tentative Agenda Informational Report City of Palo Alto’s Energy Risk Management Report for the Second Quarter, Fiscal Year 2012 Draft Housing Element Early Packet Distribution Public Letters to Council City of Palo Alto (ID # 2760) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 4 (ID # 2760) Summary Title: Telecommunications Infrastructure Improvement Title: Approval of a Contract with VOX Network Solutions for Implementation Services Relating to Installation of Avaya Telecommunications System From: City Manager Lead Department: IT Department Recommendation Staff recommends that Council authorize the City Manager or his designee to execute contract C12144216 with Vox Network Solutions Inc, a Delaware Corporation for a total contract price not to exceed $760,506.87 for the following items: 1. Purchase and implement an Avaya Voice Over Internet Protocol (VoIP) phone system. 2. Purchase five years of maintenance and support services for that VOIP system. 3. Select and execute one or more of the options listed in the contract. 4. Negotiate and execute one or more change orders to the contract not exceeding 10% of the contract price for additional but unforeseen work which may develop during the term of this contract, the total value of which shall not exceed $836,558.00. Background This is one CMR of 3 supporting the TE-00010 Telephone System Replacement Project. In September of 2009, staff contracted with a telecommunications professional services consultant, Communication Strategies, to prepare a feasibility study and needs analysis of the City’s telephone and voicemail systems to determine the direction the City should pursue to upgrade the system and at what estimated costs. In August of 2010, the consultant provided their findings and June 04, 2012 Page 2 of 4 (ID # 2760) recommended moving in the direction of an industry standard Voice over Internet Protocol (VoIP) phone system. It was also recommended that the City first perform essential and requisite infrastructure upgrades to ensure Quality of Service (QoS), Power over Ethernet (PoE) redundancy, and capacity management including:  Cabling (approximately 70% of the City’s cabling is antiquated CAT3 cabling)  Heating, ventilation, and air conditioning (HVAC)  Power (including Uninterruptible Power Supply (UPS))  Facility renovations (for cabling closets) The estimated total cost range for this recommendation is $1,990,000 - $2,180,000. Discussion The City’s telecommunications systems (phone system, voicemail, and data) are over 20 years old, in a degraded mode, lack current functionality, and are no longer supported by the manufacturer. The hardware has experienced down-time over the last several years that have led to temporary loss of telephone services. The reliability of the City’s telephone and telecommunications services is critical to City operations and is therefore essential that a new phone system be implemented. Therefore, on January 17, 2012, staff submitted an RFP for a Telecommunications Platform and implementation services. The following 8 vendors submitted proposals: Vendor Location (City/State) Solution Proposed Total Cost of Ownership Amount Altura Communication Solutions Pleasanton, CA Avaya $792,217 Arrow S3 Irving, TX NEC $1,079,597 June 04, 2012 Page 3 of 4 (ID # 2760) AT&T San Ramon, CA ShoreTel $722,293 NEC Irving, TX NEC $1,030,524 Packet Fusion San Mateo, CA ShoreTel $805,374 Presidio Sacramento, CA Cisco $759,199* Vox Network Solutions South San Francisco, CA Avaya $712,271* Xtelesis Burlingame, CA ShoreTel $693,650* *Vendor selected as shortlist for demonstration/interviews. An evaluation committee comprised of staff from Information Technology, Utilities, Planning, Community Services, Police, City Manager’s Office, Public Works, Administrative Services, and Libraries carefully rated each firm's submittal in response to the RFP relative to the following criteria:  Solution Proposed: Overall design of proposed solution  Compliance: Ability to meet requirements  Capacity to Deliver: Team experience, support  Cost of the Proposal The following top 3 vendors were then selected for vendor demonstrations:  Presidio  Vox Network Solutions  Xtelesis Upon staff’s evaluation of the proposals and vendor interviews, Vox Network Solutions was selected as the recommended awarded vendor. Vox Network Solutions has extensive knowledge in telecommunications and unified communications, has a proven track record implementing Avaya solutions, has worked with other public agencies such as, County of San Mateo, City of Foster City, and Contra Costa County, and has a sound project management methodology for implementation services. Resource Impact Funding for this project is available through CIP TE-00010. Attachments:  EXHIBIT A Scope of Work (DOCX)  EXHIBIT B SCHEDULE OF PERFORMANCE (DOCX) June 04, 2012 Page 4 of 4 (ID # 2760)  EXHIBIT C COMPENSATION and PAYMENT MILESTONES (DOCX)  EXHIBIT D INSURANCE REQUIREMENTS (DOCX)  SCHEDULE A PRICING (DOCX)  SCHEDULE B MAINTENANCE AND SUPPORT (DOCX)  SCHEDULE C PHASE 2 OPTIONAL SERVICES AND COMMODITIES (DOCX) Prepared By: Lisa Bolger, Manager, IT Department Head: Jonathan Reichental, Chief Information Officer City Manager Approval: ____________________________________ James Keene, City Manager C12144216 120521 dm 00710026 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND VOX NETWORK SOLUTIONS, INC. This Agreement for Professional Services (the “Agreement”), dated as of ______________, 2012 (the “Effective Date”), is entered into by and between the CITY OF PALO ALTO, a California chartered municipal corporation (the “City”), and VOX NETWORK SOLUTIONS, INC., a Delaware corporation ("VOX") (individually, a “Party” and, collectively, the “Parties”) in reference to the following: RECITALS A. The City intends to replace its current telephone, call center, and voice mail systems with a unified communications system, including, without limitation, telecommunications equipment (the “Equipment”) which have, among others, telephone, voice mail, messaging and storage, and call center features (the “System”), and also desires to engage a consultant to provide the Equipment and the necessary services (the “Services”) needed for the installation of the Equipment and the implementation of the System and to provide the support and maintenance of the System (collectively, the “Project”). B. VOX has represented to the City that, as of the Effective Date, it has or will obtain the necessary professional expertise, qualifications, and capability, and the required licenses and/or certifications, if any, to complete the Project, and install the Equipment, perform the Services, and implement the System as well provide maintenance services. “Services” may include the Additional Services, if the City authorizes the Additional Services and VOX agrees to perform those services. C. The City in reliance on VOX’s representations in this Agreement and the Exhibits desires to engage VOX to deliver and install the Equipment and perform the Services in connection with the acquisition of the System. AGREEMENT NOW, THEREFORE, in consideration of the recitals, covenants, terms and conditions of this Agreement, the Parties agree: SECTION 1. EQUIPMENT PURCHASE; SCOPE OF WORK 1.1 VOX shall sell to the City, and the City shall purchase from VOX, a unified telecommunications system, including, without limitation, the Equipment, described in Exhibit “A-2” Equipment List and Pricing. 1.2 VOX shall perform the Services, described in Exhibit “A-1” Scope of Work – Services (and the Additional Services, if any, described in Exhibit “A-4” Scope of Work – Additional Services) in accordance with the terms and conditions contained in this Agreement and the Exhibits. The delivery and installation of the Equipment and the performance of the Professional Services Rev. June 2, 2010 2 120518 dm 00710026 Services (and the Additional Services, if any) shall be acceptable to the City in the reasonable exercise of its discretion. SECTION 2. TERM 2.1 The term of this Agreement shall begin from the Effective Date and continue until October 6, 2017 (the “Term”), unless this Agreement is earlier terminated pursuant to Section 19 of this Agreement. For the purposes of this Agreement, the term “contract year” used in Section 4 below refers to each twelve-month period or fraction thereof, beginning on the annual anniversary of the Effective Date, during the Term. SECTION 3. SCHEDULE OF PERFORMANCE 3.1 Time is of the essence in the delivery and installation of the Equipment, the implementation of the System and the performance of the Services (and the Additional Services, if any) under this Agreement. VOX shall deliver and install the Equipment and perform the Services (and the Additional Services, if any) during the Term in accordance with the time table set forth in Exhibit “B-1” Schedule of Performance - Services. Any Services (and the Additional Services, if any) for which specific time periods for performance are not identified in this Agreement or the Exhibits shall be commenced and completed by VOX in a reasonably prompt and timely manner based upon the circumstances and direction communicated by the Project Manager to the Project Director. The City’s consent to extend the Term or the time(s) for delivery and installation of the Equipment and/or the performance of the Services (and the Additional Services, if any) shall not preclude the City’s recovery of damages for delay by VOX, if the extension of the Term is required to complete the Services (and the Additional Services, if any) and implement the System primarily due to the fault of VOX. 3.2 The City will accept the System by not later than four (4) weeks from the Cutover Date, unless the City first notifies VOX, in writing, during this four-week period, that the System does not meet the Scope of Work – Services requirements or the Equipment, as reasonably defined by the manufacturers’ specifications, does not meet the City’s requirements. Upon VOX’s receipt of the City’s notice that the System and/or the Equipment fails to meet this Exhibit’s requirements and/or specifications, VOX will proceed promptly to correct the performance items that the City believes must be addressed by VOX. VOX will notify the City, in writing, of the resolution of the performance issue(s) and if the City reasonably agrees, the System will be accepted subsequently by the City, in writing. If the City does not reasonably agree with VOX that the performance issue(s) have been remedied, then the City will provide VOX with reasonable detail, in writing, of the issues that still require remediation. This process will continue until the City agrees, in writing, that the System meets the performance standards, as are reasonably defined by the manufacturers’ specifications. For performance issues that are discovered after the four-week period subsequent to the Cutover Date, VOX will perform at its sole cost and expense the remediation under the Warranty service level agreements that address VOX’s obligation to perform Emergency Service and Non-Emergency Service. 3.3 To meet its installation and implementation obligations, VOX shall perform emergency service in order to fully address any major System failure. A major failure occurring during the installation of the Equipment or the implementation of the System shall include, 2 120521 dm 00710026 without limitation: (a) any part of the Equipment or the System that cannot make or receive any voice calls or data calls; (b) any of the operator consoles cannot make or receive calls; (c) fifteen percent (15%) or more of either trunks or stations are inoperable; (d) any of the T1 trunks are inoperable; (e) there is a complete failure (100%) of the voice mail system to perform according to specifications; and (f) such additional System conditions, as may be agreed to by the Parties, in writing. VOX’s response time for Emergency Service will be within two (2) hours on a twenty-four (24) hour by seven (7) days per week by three hundred sixty five (365) days per year basis from the time the City gives VOX a request for Emergency Service. The consequences of any failure of the Equipment or the System occurring after the City has accepted the System and the Services shall be addressed in Exhibit “A-3“ Maintenance and Support. 3.4 Any other failure of performance of the System that is not addressed in Section 3.3 above will be considered a non-emergency service. VOX’s response time for any non- emergency service shall be eight (8) hours based on an 8:00 A.M. to 5:00 P.M. business day, Monday - Friday, excepting official holidays of the City. 3.5 VOX warrants for one (1) year following the Cutover Date that the Equipment under normal use and service will be free from defects and that labor will be performed in a good and workmanlike manner. The City shall notify VOX of any defect in the Equipment, specifying the nature thereof, within the warranty period. If any of the Equipment is found to be defective during this period, VOX will, at its option, repair or replace the Equipment at its sole cost and expense. This warranty does not cover damage to the Equipment which results from or is associated with the abuse, unreasonable use, unauthorized repair or alteration of the Equipment. 3.5.1 THIS WARRANTY IS NOT TRANSFERABLE AND IS VOID IF CITY TRANSFERS THE EQUIPMENT. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, VOX DISCLAIMS ALL WARRANTIES WITH REGARD TO THE EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF THE NONINFRINGEMENT OF THE RIGHTS OF THIRD PARTIES AND THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITY ON THE PART OF VOX FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE EQUIPMENT, THE SOLE LIABILITY OF VOX UNDER THIS WARRANTY IS THE REPAIR OR REPLACEMENT, AT VOX’S OPTION, OF PARTS, WHICH FAIL DURING THE APPLICABLE WARRANTY PERIOD BECAUSE OF A DEFECT, AND IN NO EVENT SHALL VOX BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. SECTION 4. NOT TO EXCEED COMPENSATION 4.1 The City will pay VOX for the delivery and installation of the Equipment and the performance of the Services in accordance with Exhibit “C-1” Compensation and Payment Milestones. The total compensation to VOX under this Agreement shall not exceed Five Hundred Sixteen Thousand Nine Hundred Eighty Six Dollars and Eighty Seven Cents ($516,986.87) [NOTE: Total in Ex. C-1 adds up to $516,987.03, so there’s a discrepancy]for contract year one and Sixty Thousand Eight Hundred Eighty Dollars ($60,880.00) for each of contract years two through five, inclusive. In the event the City authorizes the Additional 3 120521 dm 00710026 Services, the total compensation for the Equipment, the Services, the Additional Services and reimbursable expenses shall not exceed Five Hundred Sixty Eight Thousand Six Hundred Eighty Six Dollars ($568,686.00) for contract year one and Sixty Six Thousand Nine Hundred Sixty Eight ($66,968.00) for each of contract years two through five, inclusive. 4.2 The Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “A-4”. VOX shall not receive or be entitled to receive any compensation for the Additional Services performed without the prior written authorization of the City. The Additional Services refers to any work that the City determines is necessary for the full and complete installation of the System, but which services are not now included in Exhibit “A-1”, as of the Effective Date. 4.3 The cost of Maintenance and Services in the amount of Sixty Thousand Eight Hundred Eighty dollars ($60,880) per year for years one through four, inclusive, are not included in Exhibit “A-3”. VOX shall tender separate invoices to the City for such maintenance services. 4.4 The City may request VOX to add to or delete from the Equipment List at any time up to and including the Cutover Date. Other equipment may be added to the Equipment List and Pricing, Exhibit “A-2” during this period. For the deletion of any Equipment, VOX will issue a credit to the City equal to the price paid, less a ten percent (10%) restocking/handling fee for any Equipment that has been delivered to the respective Staging Site. For any Equipment listed in the Equipment List, which the City orders within 24 Months after the Cutover Date, VOX shall sell the Equipment to the City at a discount of twenty eight (28%) off of the published Avaya List price or the prevailing material price on the State of California supply agreement with Avaya on telephone sets, gateways, software and line and trunk circuit packs. SECTION 5. INVOICES 5.1 As a condition precedent to the City’s obligation to pay compensation to VOX, VOX shall send monthly invoices to the City, describing the Equipment and the Services (and the Additional Services, if any) delivered, installed and performed and the applicable charges (including an identification of the Equipment and the personnel, who performed the Services (and the Additional Services, if any), their hours worked, their hourly rates, and reimbursable expenses), based upon VOX’s billing rates, described in Exhibit “C-2”. VOX will ensure that each invoice describes the percentage of completion of each task established for the Services (and the Additional Services, if any). The information in VOX’s invoices shall be subject to verification by the City. The Project Director shall send all invoices to the Project Manager at the address specified in Section 13 below. The City will process and pay invoices within thirty (30) days of their receipts. SECTION 6. QUALIFICATIONS; STANDARD OF CARE 6.1 The Services (and the Additional Services, if any) shall be performed by VOX and any person under its supervision. VOX represents that its employees and any other person under its supervision possess the professional and technical personnel necessary to perform the Services (and the Additional Services, if any) required by this Agreement and that the personnel have sufficient skill and experience to perform the Services (and the Additional Services, if any) 3 120521 dm 00710026 assigned to them. VOX represents that its employees, agents, subcontractors and subconsultants, if approved, in writing, by the Project Manager, have and shall maintain during the Term all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services (and the Additional Services, if any). 6.2 The Services (and the Additional Services, if any) to be furnished by VOX and any other person under its supervision hired to perform under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS 7.1 VOX shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the implementation of the System, the delivery and installation of the Equipment, and the performance of the Services (and the Additional Services, if any) under this Agreement. VOX shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the delivery and installation of the Equipment and the performance of the Services (and the Additional Services, if any). SECTION 8. ERRORS/OMISSIONS 8.1 VOX shall correct, at no cost to the City, any and all errors, omissions, or ambiguities in the System Plan’s plans, specifications and related design documents submitted to the City in connection with the implementation of the System and the performance of the Services, provided that the City first gives notice of its request for clarification to VOX. If VOX has prepared any System Plan’s plans, specifications or other design documents to install the Equipment and implement the System, and there are errors, omissions, or ambiguities within any of the documentation, VOX shall clarify and correct any and all errors, omissions, or ambiguities discovered prior to and during the course of installation of the Equipment, the performance of the Services, and the implementation of the System to the reasonable satisfaction of the City. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES 9.1 If this Agreement pertains to the design of any project, comprising the System or any part thereof, that would constitute a public works project under applicable laws, VOX shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the City’s stated construction budget, VOX shall make recommendations to the City for aligning the System Plan’s design with the City’s budget, incorporate any City-approved recommendations, and revise the System Plan’s design to meet the City’s budget for the System at no additional cost to the City. SECTION 10. INDEPENDENT CONTRACTOR 10.1 VOX understands and agrees that in the delivery and installation of the 4 120521 dm 00710026 Equipment, the performance of the Services (and the Additional Services, if any) and the implementation of the System under this Agreement, VOX and any person acting under its supervision or responsible to provide the Equipment and furnish labor and/or materials in connection with the performance of the Services under this Agreement, shall act as and be deemed an independent contractor and not an agent or employee of the City. SECTION 11. ASSIGNMENT 11.1 The Parties agree that the expertise and experience of VOX are material considerations to the City to enter into this Agreement. VOX shall not assign or transfer any interest in this Agreement nor the performance of any of VOX’s obligations hereunder without the prior written consent of the City’s city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING 12.1 VOX shall not subcontract any portion of the installation of the Equipment, the performance of the Services, or the implementation of the System under this Agreement without the prior written authorization of the city manager or designee. SECTION 13. PROJECT MANAGEMENT 13.1 VOX will assign Peter Wainwright, Director National Accounts, pwainwright@voxns.com, Telephone: (650) 989-1009 as the Project Director to have supervisory responsibility for the delivery and installation of the Equipment and the performance of the Services. If VOX replaces the Project Director, project coordinator, or any other key personnel for any reason, the appointment of a substitute Project Director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the Project Manager. The Project Director, at the Project Manager’s request, shall promptly remove any VOX personnel or any person hired by VOX, whom the Project Manager determines is not performing the Services (or the Additional Services, if any) in a manner reasonably acceptable to the Project Manager, is uncooperative, or presents a threat to the adequate or timely completion of the System, the rendering of the Services, or is a threat to the safety of persons or property. 13.2 The City will assign Lisa Bolger, Information Technology Department, 250 Hamilton Avenue, P.O. Box 10250, Palo Alto, CA 94303, Email: Lisa.Bolger@CityofPaloAlto.org, Telephone: (650) 329-2654, as the Project Manager. The Project Manager will be VOX’s point of contact with respect to VOX’s delivery of the Equipment and the performance, progress and execution of the Services (and the Additional Services, if any). The City may designate an alternate Project Manager at any time during the Term and inform VOX of the substitution. SECTION 14. OWNERSHIP OF WRITTEN DOCUMENTATION 14.1 Upon its delivery, the System Plan’s documentation, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests directly related to the implementation of the System under this Agreement 5 Macintosh HD:Users:ronaldfong:Library:Caches:TemporaryItems:Outlook Temp:00710026 AGMT C12144216 VOX Network Solutions[1][7].docx120521 dm 00710026 shall be and remain the exclusive property of the City without restriction or limitation upon their use. Neither VOX nor its subconsultants and subcontractors, if any, shall make any of such written documentation available to any individual or organization without the prior written approval of the city manager or designee. VOX represents the suitability of the System Plan’s documentation relating to the implementation of the System for the purposes and uses contemplated by the Scope of Work - Services (and the Additional Services, if any). SECTION 15. AUDITS 15.1 VOX will permit the City to audit at any reasonable time during the Term and for up to three (3) years thereafter, VOX’s records pertaining to matters covered by this Agreement. VOX further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY 16.1 To the fullest extent permitted by applicable law, VOX shall protect, indemnify, defend and hold harmless the City and its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature, including reasonable attorney’s fees, experts fees, court costs and disbursements (the “Claims”) resulting from, arising out of or in any manner related to performance or nonperformance of the Services (and the Additional Services, if any) by VOX or its officers, employees, agents, sub-consultants or sub-contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding subsection 16.1, nothing in this Section 16 shall be construed to require VOX to indemnify an Indemnified Party from the Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of the Services (and the Additional Services, if any) by the City shall not operate as a waiver of the right to indemnity. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS 17.1 The waiver by either Party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE 6 Macintosh HD:Users:ronaldfong:Library:Caches:TemporaryItems:Outlook Temp:00710026 AGMT C12144216 VOX Network Solutions[1][7].docx120521 dm 00710026 18.1 VOX, at its sole cost and expense, shall obtain and maintain, in full force and effect during the Term, the insurance coverage, as described in Exhibit "D". VOX and its sub- consultants and sub-contractors, if any, shall obtain a policy endorsement naming the “City of Palo Alto” as an additional insured under any general liability or automobile policy or policies. 18.2 All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all sub-consultants and sub- contractors of VOX retained to perform the installation or implementation of any portion of the Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming the “City of Palo Alto” as an additional insured under such policies as required above. 18.3 Certificates evidencing such insurance shall be filed with the City’s insurance risk manager concurrently with the execution of this Agreement. The certificates will be subject to the approval of the insurance risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the City’s purchasing manager thirty (30) days' prior written notice of the cancellation or modification, VOX shall be responsible for ensuring that current certificates evidencing the insurance are provided to the purchasing manager during the Term. 18.4 VOX’s furnishing of proof of such required policy or policies of insurance will not be construed to limit VOX's liability hereunder or to fulfill its indemnity obligations under this Agreement. Notwithstanding the policy or policies of insurance, VOX will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the Term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES 19.1 The city manager may suspend delivery and/or installation of the Equipment and/or the performance of the Services (or the Additional Services, if any), in whole or in part, or terminate this Agreement, for cause or without cause, by giving ten (10) days’ prior written notice thereof to the Project Director. Upon receipt of such notice, VOX will immediately cease the delivery and/or installation of the Equipment not yet delivered and/or installed and/or discontinue its performance of the Services (or the Additional Services, if any). 19.2 Subject to any limitations set forth in the Exhibits, VOX may terminate this Agreement or suspend the installation of the Equipment and/or its performance of the Services (or the Additional Services, if any) by giving thirty (30) days’ prior written notice thereof to the City, but only in the event of a substantial failure of performance by the City. 19.3 Upon such suspension or termination by VOX, the Project Director shall deliver to the Project Manager immediately any and all written documentation, whether or not completed, prepared by VOX or any of its subconsultants or subcontractors, if any, or given to VOX or its subconsultants or subcontractors, if any, in connection with this Agreement. Such 7 Macintosh HD:Users:ronaldfong:Library:Caches:TemporaryItems:Outlook Temp:00710026 AGMT C12144216 VOX Network Solutions[1][7].docx120521 dm 00710026 documentation will become the property of the City free and clear of all right, title and interest of VOX. 19.4 Upon such suspension or termination by the City, VOX will be paid for the Equipment delivered and/or installed and/or the Services (and the Additional Services, if any) performed and/or the System Plan’s documentation delivered to the City in accordance with the Scope of Work – Services (and the Additional Services, if any) on or before the effective date of the suspension or termination or, if an effective date is not stated, within ten (10) days after notice thereof is given; provided, however, if this Agreement is suspended or terminated on account of a default by VOX, the City will be obligated to compensate VOX for the Equipment delivered and installed and for the Services performed only for the Equipment and that portion of the Services (and the Additional Services, if any) which the City determines are of direct and immediate benefit to the City, as such determination may be made by the city manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 8, 14, 15, 16, 19.4 and 25. 19.5 No payment, partial payment, acceptance, or partial acceptance by the City will operate as a waiver by the City of any of its rights under this Agreement or by applicable laws. SECTION 20. NOTICES 20.1 All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: City of Palo Alto Office of the City Clerk Post Office Box 10250 Palo Alto, CA 94303 Copy to: Purchasing Manager City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 To VOX: Vox Network Solutions, Inc. 250 East Grand Avenue, No. 55 South San Francisco, CA 94080 Ph: (650) 989-1009 Attn: Peter Wainwright, Director National Products 20.2 Notices may be furnished by electronic mail to the persons and their e-mail addresses noted in Sections 13.1 and 13.2. SECTION 21. CONFLICT OF INTEREST 21.1 In accepting this Agreement, VOX covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in 8 Macintosh HD:Users:ronaldfong:Library:Caches:TemporaryItems:Outlook Temp:00710026 AGMT C12144216 VOX Network Solutions[1][7].docx120521 dm 00710026 any manner or degree with the performance of the Services. 21.2 VOX further covenants that, in the performance of this Agreement, it will not employ subconsultants, subcontractors or persons having such an interest. The Project Director will provide to the Project Manager a list of all subconsultants and subcontractors who will be providing any portion of the Services on behalf of VOX. VOX warrants that no person who has or will have any financial interest under this Agreement is an officer or employee of the City; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Political Reform Act as set forth in the California Government Code. 21.3 If the Project Manager determines that VOX is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, VOX shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION 22.1 As set forth in Palo Alto Municipal Code section 2.30.510, VOX represents and warrants that in the performance of the Services under this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. VOX acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS 23.1 VOX shall comply with the City’s Environmentally Preferred Purchasing policies, which can be obtained from the purchasing manager, incorporated by reference and may be amended from time to time. VOX shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include: firstly, minimizing and reducing waste; secondly, reusing waste; and thirdly, recycling or composting waste. In particular, VOX shall comply with the following zero waste requirements: 23.1.1 All printed materials provided by VOX to the City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post- consumer content paper, unless otherwise approved by the Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. 23.1.2 Equipment and goods purchased by VOX on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy, including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the purchasing manager and will be made available to VOX upon request. 9 Macintosh HD:Users:ronaldfong:Library:Caches:TemporaryItems:Outlook Temp:00710026 AGMT C12144216 VOX Network Solutions[1][7].docx120521 dm 00710026 23.1.3 Reusable/returnable pallets shall be taken back by VOX, at no additional cost to the City, for reuse or recycling. The Project Director shall provide to the Project Manager documentation from the facility accepting the pallets to verify that pallets are not being disposed to the extent pallets are used in connection with the delivery of the Equipment or the installation or implementation of the Services. SECTION 24. NON-APPROPRIATION 24.1 This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement and the Exhibits. SECTION 25. MISCELLANEOUS PROVISIONS 25.1 This Agreement will be governed by the laws of the State of California. 25.2 In the event that an action is brought, the Parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California or the United States District Court, Northern District of California, in Santa Clara County. 25.3 The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4 This Agreement and the attached Exhibits represent the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement and the Exhibits may be amended only by a written instrument, which is signed by the Parties. 25.5 The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6 If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7 All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in Professional Services Rev June 2, 2010 11 Macintosh HD:Users:ronaldfong:Library:Caches:TemporaryItems:Outlook Temp:00710026 AGMT C12144216 VOX Network Solutions[1][7].docx EXHIBIT “C-2” BILLING RATES EXHIBIT “D” INSURANCE REQUIREMENTS EXHIBIT  “A-­‐‑1”   SCOPE  OF  WORK  -­‐‑  SERVICES     1.0 Introduction     This  Exhibit  “A-­‐‑1”  Scope  of  work  –  Services  is  an  exhibit  to  the  Agreement  for  Professional  Services   between  the  City  of  Palo  Alto  and  Vox  Network  Solutions,  Inc.,  Contract  No.  C12144216  (the   “Agreement”).    Under  this  Agreement  and  the  Exhibits,  VOX  shall  purchase  and  install  the  Equipment,   as  described  in  Exhibit  “A-­‐‑2”,  and  provide  the  following  installation  and  implementation  Services  set   forth  in  this  Exhibit.     CUSTOMER  CONTACT  INFORMATION   Primary  Contact(s):            NAMES  Lisa  Bolger  /  Ronald  Fong    TITLE  I.T.    Managers    Direct)  650-­‐‑329-­‐‑2624  /650-­‐‑329-­‐‑2250    Cell)    408-­‐‑690-­‐‑7004  /650-­‐‑444-­‐‑8887    EMAIL:  lisa.bolger@cityofpaloalto.org  /  ron.fong@cityofpaloalto.org       EQUIPMENT  LOCATION(S)     Primary  Location  Names:   (a) City  Hall;   (b) Municipal  Service  Center;  and   (c) Gateways  at  14  City  locations,  connected  to  the  City’s  Wide  Area  Network  (the   “City  WAN”),    set  forth  in  Exhibit  “A-­‐‑5”  Primary  City  Gateway  Equipment   Locations.     SYSTEM’S  CUTOVER  DATE     October  6,  2012   Or  other  date  agreed  to  by  the  Parties  (__________________,  2012)       2.0 SCOPE  OF  WORK  (“SOW”)  FOR  SERVICES     A. VOX’s  Responsibilities.     VOX  will  perform  the  following  Services,  described  below,  in  accordance  with  the  SOW  while  it  installs   the  Equipment,  described  in  Exhibit  “A-­‐‑2”  Equipment  List  and  Pricing,  net  of  any  change  orders  that  are   mutually  agreed  to,  in  writing,  by  the  Parties.     The  SOW  Services  can  be  summarized,  as  follows:       1. Install  an  Avaya  Communications  Manager,  Avaya  Aura  Messaging  and  Avaya  Contact  Center   with  G450  Core  systems  at  City  Hall  and  the  Municipal  Service  Center  and  14  G430  gateways  at   other  City  facilities.  Other  facilities  may  be  connected  via  carrier  facilities  or  City-­‐‑owned   transport  facilities.     2. Install  T-­‐‑1,  ISDN  PRI,  and  analog  trunking  as  required  for  each  location  by  a  letter  of   authorization  from  the  City’s  telecommunications  service  provider,  if  this  is  authorized  by  the   Project  Manager.   3. Stage  all  Equipment  at  VOX’s  facilities  in  South  San  Francisco  prior  to  deployment,  excepting   telephone  sets,  which  VOX  will  deliver  to  the  City’s  facilities,  as  designated  by  the  Project   Manager.   4. Install  all  Equipment  at  the  City’s  designated  locations  and  connect  to  the  City  WAN  and  the   City’s  designated  common  carriers  in  accordance  with  the  System  Installation  Plan  that  the   Project  Director  and  the  Project  Manager  will  develop.   5. VOX  will  support  programming  and  testing  of  the  private  branch  exchange  (“PBX”)  side  of   connectivity  to  the  existing  interactive  voice  response  (“IVR”)  system  via  four  (4)  analog   ports.    The  City  will  provide  the  routing  information  and  testing  resources  on  the  IVR   side.    Additional  information  on  routing  calls  from  the  IVR  to  the  PBX,  if  applicable,  will  be   provided  by  the  City  to  VOX.    Analog  ports  will  be  drawn  by  the  City  from  the  quantity   indicated  in  Exhibit  “A-­‐‑2”.   6. On-­‐‑site  installation  services,  including  telephone  set  placement,  will  be  performed  during  normal   business  hours  of  the  City  (8:00  A.M.  to  5:00  P.M.  Local  Time),  Monday–Friday,  official  City   holidays  excepted.    Services  affecting  the  Cutover  Date  activities,  including  the  migration  of   trunking  (as  applicable)  and  analog/digital  endpoints,  will  be  performed  on  OT  per  developed   project  plan  [more  jargon  -­‐‑  explain].   7. During  software  planning  and  discovery  to  be  performed  by  the  City  and  VOX,  VOX  will  work   with  the  City  to  design  and  recreate  existing  call  trees  on  the  new  system.    The  City  will  provide   VOX  with  documented  call  flows  and  menu  structure  as  well  as  any  requested  changes  to  the   existing  structure.    VOX  will  program  the  new  call  trees  in  either  PBX  vectors  or  voicemail  (as   appropriate  upon  review),  and  provide  the  City’s  detailed  documentation  on  the  new  structure   for  the  City’s  resources  to  record  announcements  and  prompts.    The  City  will  be  responsible  for   documenting  the  existing  announcement  scripts  and  recording  in  new  system  in  advance  of  the   Cutover  Date  for  full  testing  of  the  System.   8. VOX  will  provide  support  during  the  implementation  of  the  Unified  Communications  Bundle   products,  described  in  Exhibit  “A-­‐‑6”  Avaya  Unified  Communications  Family,  that  will  include   the  1X  Communicator  softphone,  stored  on  a  computer,  and  EC500  products.  These   implementation  Services  shall  include  the  following  actions:   (a) VOX  will  program  EC500  cellular  bridging  upon  the  initial  installation  for  all  users   whose  cell  phone  numbers  and  EC500  activation  are  specified  in  the  City-­‐‑provided  instruction   sheet  (“Cut  Sheet”).  Any  additional  EC500  programming  will  be  performed  by  the  City,  and  VOX   will  provide  appropriate  EC500  training  to  the  City.    VOX  will  customize  the  Cut  Sheet  to  include   notation  for  this  programming  option.   (b) VOX  will  configure  and  load  onto  specified  desktops  with  the  City’s  IT  Department   staff’s  support  2  or  3  one-­‐‑X  Communicator  softphones  to  validate  registration  and  functionality   and  demonstrate  to  the  City  the  loading  and  configuration  process.  VOX  will  configure  and   program  up  to  three  (3)  Meet  Me  Conference  bridges  (6  party  reservation-­‐‑less  conferencing,   unlimited  with  system)  with  vector  and  announcement  feature  packages  and  demonstrate  to  the   City  how  to  program  to  meet  the  needs  of  additional  users.   9. VOX  will  design  and  implement  a  contact  center  (or  call  center),  supporting  33  seats,  using  the   EAS  Contact  Center  on  the  CM6  with  the  BCMR  reporting  package  on  a  City-­‐‑provided  server.   The  following  are  included  in  this  design  and  implementation:   (a)  Discovery  sessions  with  various  City  departments,  which  will  be  using  the  call   center  feature,  to  define  the  System’s  call  centers’  goals  and  objectives;   (b)        Call  Flow  Definition  and  Documentation,  prelimary  and  final;    (c)        VDN,  Skills,  Vector  and  Announcement  package  development,  review/approval  by   customer,  programming  and  download;    (d)        Station  programming  for  Call  Center  agent  profiles  and  up  to  4  group  mailboxes;      (e)        Full  testing  of  call  center  package;  and      (f)        Cutover  and  training  support  on  Agent  programming  and  Supervisor  reporting     B. City’s  Responsibilities     1. Provide  proper  site  environment  as  defined  in  the  product  documentation.   2. Provide  floor  plans  and  cabling  schematics  as  applicable.   3. Provide  all  new  cable  and  jumpers  that  may  be  required  and  provide  a  HP  Gigabit  Power  over   Ethernet  (“POE”)  switching  network  to  support  connectivity  of  equipment  listed  in  Schedule  A   and  to  any  additional  equipment  that  is  ordered  in  the  course  of  this  Agreement.   4. Manage  third  party  vendors  providing  services  that  impact  the  outcome  of  this  project   5. Ensure  that  the  installation  of  network  and  data  circuits  is  complete.   6. Ensure  that  demarcation  points  can  be  connected  to  with  the  cables  provided.   7. Provide  access  to  all  installation  locations  and  equipment  being  installed.   8. Provide  an  on-­‐‑site  contact  to  assist  during  installation.   9. Provide  all  IP  addressing  for  the  City’s  network.   10. Provide  Layer  1,  2  and  3  IP  infrastructures  for  both  TLAN  and  ELAN  supporting  Gigabit   connectivity  with  POE  with  Quality  of  Service  (“QOS”)  meeting  the  following    performance   specifications:    The  City’s  network  will  support  the  following  at  a  minimum.    VOX  acknowledges  and   understand  that  the  City  seeks  to  achieve  the  desired  performances  noted  below  in  parentheses,   but  VOX  does  not  guarantee  these  levels  of  performance.            (a)  Latency  <150ms  (80ms)      (b)  Average  Jitter  <80ms  (40ms)      (c)  Packet  Loss  <1%  (0.1%)    (d)  Peak  WAN  utilization  <80%  (50%)   11. Provide  the  Cut  Sheets  that  document  the  telephone  set  layout  and  extension  assignment  in  an   appropriate  format  that  will  be  provided  by  VOX  to  the  City.    Sample  Cut  Sheets  will  be   customized  by  mutual  agreement  of  the  Parties  to  include  special  notifications  of  individual  user   needs.  One  example  would  be  the  requirements  for  special  line  or  handset  cords  or  special   mounting  requirements.   12. The  City  will  provide  POE  equipment  to  support  all  of  the  necessary  number  of  Class  2,  Class  3   devices  as  defined  by  the  IEEE  802.3af  Power  over  Ethernet  standard.   13. The  City  will  be  responsible  for  implementing  a  QOS  policy  that  will  classify  and  prioritize  voice   packets.   14. The  City  will  provide  a  server  for  the  Contact  Center  reporting  package.         C. Definitions       As  used  in  this  Agreement,  the  following  specific  terms   shall   have   the  meanings,  unless  the  context   clearly  indicates  otherwise:     Cutover.      This  will  occur  whenever  the  City  achieves  full  management  and  control  of  the  System  after   testing  and  assessment.         Equipment.  The  items  of  equipment  listed  in  [Schedule  A]  and  any  amendment  subsequently  agreed   upon,  in  writing,  by  the  Parties,  which  results  in  the  addition  or  deletion  of  equipment  to  the  System   covered  by  this  SOW.     Purchase  Price.    An  itemized  list  of  Equipment  and/or  Services  and  their  applicable  prices  under  this   Agreement  described  in  Exhibit   “A-­‐‑2”  and   any   amendment   subsequently   requested   by  the   City  and   accepted,  in  writing,  by  the  Parties.    The  Purchase  Price  includes  applicable  taxes,  as  well  as  the  net   amount  of  any  material  or  additions  or  deletions  that  are  mutually  agreed  upon,  in  writing,  per  the  terms   and  schedule  agreed  to  in  Exhibit  “C-­‐‑1”.       Delivery  Date.  This  refers  to  the  date  on  which  the  Equipment  is  shipped  to  the  City’s  designated  site(s)   or  VOX’s  South  San  Francisco  location,  as  indicated  in  the  shipping  invoice.     Voice  Readiness  Assessment.  A  review  of  the  System  following  VOX’s  completion  of  traffic  performance   testing  of  the  data  network  and  its  documentation  of  four  (4)  locations  to  determine,  among  other  issues,   latency,  jitter,  packet  loss  or  other  performance  issues  arising  in  connection  with  the  data  network.  At  the   completion  of  the  testing  of  the  network,  VOX  will  present  a  report  to  the  City  to  indicate  whether  the   data  network  meets  all  installation  requirements  and  performance  standards  and  is  fully  acceptable  to  the   City,  or  the  network  may  need  specified  improvements.  If  the  data  network  fails  to  meet  the  performance   requirements  and  standards,  then  VOX  shall  perform  follow-­‐‑up  testing  and  testing  of  additional  locations   on  a  Time  and  Material  basis  at  the  hourly  rates  listed  in  the  Labor  Pricing  Schedule,  Exhibit  “C-­‐‑2”.     Failover  Testing.  VOX  will  perform  a  test  of  the  primary  core  components  which  will  demonstrate  the   System’s  ability  to  lose  functionality  of  the  active  core  (DL360G7  SERVER  CM  S/D/MBT/SBC)  and  for  the   phones  to  re-­‐‑register  to  the  backup  core  (DL360G7  SERVER  CM  S/D/MBT/SBC)  and  continue  overall   System  operation.     Cutover  Date.    For  voice  systems,  the  cutover  date  shall  occur  on  the  day  of  the  interconnection  of  the   Equipment  to  the  City’s  public  voice  network  and  its  ability  to  place  and  receive  external  and  internal   telephone  calls.     System  Plan.  The  System’s  detailed  tasks  and  timeline  plan  for  the  completion  of  tasks  and  the  purchase,   delivery,   installation   and   implementation   of   the   Equipment  that  the   Project   Director   and   the   Project   Manager  jointly  develop,  to  which  the  Parties  mutually  agree.     Maintenance  Coverage  Period.    This  one-­‐‑year  period  of  time,  which  covers  VOX’s  obligation  to  maintain   the  Equipment  and  the  System,  described  in  Exhibit  “A-­‐‑3”,  shall  commence  upon  the  expiration  of  the   Equipment  and  System  Warranty.    The  City  shall  pay  the  annual  maintenance  costs.     D. SYSTEM  ADMINISTRATOR  TRAINING       1. VOX  Responsibilities   (a) VOX  will  provide  basic  System  Administrator  Training  during  the  installation  of  the  System,   including  logging  into  systems,  backup  procedures,  and  maintenance  procedure  information.   (b) VOX  will  provide  System  Administration  Training  documentation  in  the  following  format:   1. Documents  on  CD  format  or  paper  documents  and  training  for  the  System   Administrators  on  the  specific  equipment  and  software  at  their  site.  Additional  training   after  the  system  installation  can  be  provided  at  an  hourly  cost  to  CITY.  VOX  will  provide   training  and  familiarization  with  Avaya  support  processes  including  updating  firmware   on  the  Avaya  system.  In  addition  familiarization  will  be  provided  on  navigation  and   obtaining  support  from  the  Avaya  web  site  and  VOX  Customer  Portal.   2. VOX  will  provide  specific  ACD  supervisor  and  administrator  training  on  the  live  system   on  site  or  remotely.   2.  The  City’s  Responsibilities     (a) Provide  the  City’s  System  Administrators  and  the  time  for  System  Administrators  to  attend   VOX-­‐‑conducted  one-­‐‑on-­‐‑one  or  small  group  training  sessions  on  live  System  administration.     The  City’s  I.T.  technical  personnel  may  participate  in  the  data  entry  and  configuration  of  the   System  during  the  System’s  installation  process.       E. END  USER  TRAINING         1. VOX’s  Responsibilities  for  End  User  Training     VOX  will  provide  end  user  station  training  as  described  below  if  requested:   (a) Number  of  users  or  sessions:    Up  to  852  Users  in  groups  of  15  or  more  as  requested   within  30  days  of  Cutover.  Up  to  50  sessions.   (b) Locations:    City-­‐‑provided  facilities  with  appropriate  space  and  the  City’s  data  network   access  connectivity.   (c) During  the  hours  of  8:00  A.M.  to  5:00  P.M.  local  time.   (d) VOX  will  work  with  the  System  Administrators  to  develop  appropriate  handouts  for  End   Users  as  well  as  provide  electronic  training  aids  that  can  be  saved  and  used  by  CITY  for  future   training  purposes.   (e) System  Administrators  will  schedule  End  User  training  classes  and  be  available  for   managing  the  training  class  logistics:  training  site  location  and  availability,  confirming  End  User   attendance  and  assisting  in  training  remote  system  users.   (f) VOX  will  conduct  training  classes  specific  to  ACD  agents  out  to  the  pool  of  50  classes   included.     2. The  City’s  Responsibilities  for  End  User  Training     (a) System  Administrators  will  work  with  the  VOX  installation  team  to  co-­‐‑ordinate  and  manage   End  User  training  classes.   (b) Provide  an  adequate  training  area  for  End  Users  and  notify  all  End  Users  of  training   schedules.     (c) Provide  additional  data  network  access,  wiring  and  electrical  outlets  that  may  be  needed  in   training  classroom  to  support  temporary  telephone  sets  used  for  training.     F. STAGING  SERVICES     1.  VOX  will  receive  system  electronic  components  at  VOX’s  South  San  Francisco  facility.  Telephone   sets  will  be  shipped  directly  to  the  City’s  location  sites  noted  in  Exhibit  “A-­‐‑1”;  the  Project   Director  and  the  Project  Manager  will  coordinate  efforts  with  the  City.     2.  VOX  will  perform  the  following  activities  during  staging  services:     (a) Receive  CITY  equipment  at  the  VOX  Staging  facility,  and  unpack  and  inspect  equipment.   (Damaged   or   defective   equipment   will   be   processed   under   provisions   of   the   product   warranty.)   (b) Assemble  equipment  per  design  specifications.   (c) Power  up  and  execute  diagnostic  self-­‐‑tests.   (d) Load  and  test  the  configuration  and  options  according  to  design  specifications.   (e) Label  all  components  and  cables  as  required.   (f) Record  configuration,  model/serial  numbers,  and  shipping  bill  information.   (g) Repackage  equipment  for  shipment  to  installation  site.     3.  When  in  staging,  testing  is  dependent  upon  the  client  providing  network  access  to  complete   testing,  versus  the  standard  bench-­‐‑level  testing  only.  For  the  testing  process,  an  off-­‐‑site  Engineer   configures  and  tests  equipment  before  shipping  it  to  the  installation  site.  Prior  to  shipment  the   configuration  is  recorded,  model/serial  numbers  are  documented,  and  shipping  information  is   provided.     4.  The  City’s  Responsibilities     (a) Provide  secure  facilities  to  receive  telephone  sets  and  other  equipment  that  is  mutually  agreed   upon  to  be  shipped  directly  to  the  City’s  locations.     5. Staging  Address   The  Equipment  should  be  shipped  to:       VOX  Network  Solutions,  Inc.   250  East  Grand  Avenue,  Suite  55   South  San  Francisco,  CA  94080   Attention:  City  of  Palo  Alto   G. DE-­‐‑INSTALLATION  OF  CURRENT  CITY  TELECOMMUNICATIONS  SYSTEM     1. The  Parties  acknowledge  and  agree  that  de-­‐‑installation  is  not  part  of  the  Scope  of  Work  –   Services;  provided,  however,  VOX  will  provide  labor  to  support  this  task  if  requested  by  the   CITY  at  the  hourly  rates  indicated  for  a  PBX  technician  included  in  this  Scope  of  Work.     H. PROJECT  DIRECTOR’S  RESPONSIBILITIES     1. To  effectively  determine  the  degree  to  which  the  System  Plan  is  being  met,  the  Project  Director   will  follow  a  plan  to  control  and  manage  the  System  through  a  communication  plan,  change   control,  and  variance  management.     2. As  part  of  the  communication  plan  the  Project  Director  and  the  Project  Manager  will  jointly   establish  and  memorialize,  in  writing,  the  time  and  frequency  for  status  meetings  (or  conference   calls),  document  meeting  results,  and  distribute  meeting  notes,  including  action  items.    For  the   effective  scheduling  and  cost  control,  progress  measurements  will  start  as  the  SOW  begins  and   continually  be  utilized  throughout  to  measure  the  performance  of  the  Services.    The  System’s   roadmap  shall  provide  a  baseline  from  which  to  judge  the  progress  of  System  installation  and   implementation,  comparing  planned  activities,  in-­‐‑progress  activities,  and  the  actual  completion   of  those  activities.    The  Project  Director  will  identify  variances  to  plan  and  take  action  to  correct   or  limit  its  impact  on  the  System.     3. The  Project  Director  will  utilize  a  change  control  strategy  to  identify  and  document  changes  to   the  original  scope.    The  Project  Director  will  screen  and  assess  the  impact  of  the  change  on  the   project  timelines,  obtain  the  City’s  approval,  implement  the  change  if  required,  and  maintain  a   log  of  all  change  requests  and  their  treatment.    Any  agreed  to  changes  will  be  reflected  in  the   System  Plan.     4. Included  in  the  Project  Director’s  role  is  to  plan,  coordinate,  and  pursue  a  coordinated   implementation  effort.    Working  with  the  Project  Manager,  the  Project  Director  will  coordinate   and  manage  the  following  areas:     (a)  Project  Kick-­‐‑off   (b)  Ordering  and  tracking  equipment   (c)  Developing  milestones  with  customer.   (d)  Coordinating  the  installation   (e)  Performing  network  assessment  of  new  cable  and  IP  switching  facilities  as  is  indicated  in   RFP  response  by  VOX.   (f)  Billing  and  invoicing   (g)  Problem  resolution   (h)  Project  closure  and  acceptance  documentation       I. OPTIONAL  FOLLOW-­‐‑ON  PHASE     At  the  City’s  option,  the  City  may  exercise  one  of  three  options,  described  in  Exhibit  “A-­‐‑4”,  to   purchase   additional  Equipment,   including,   without   limitation,  hardware  and  software,  and   additional  Services  that  the  Parties  expect  will  provide  an  enhancement  to  the  System,  by  giving   prior  written  notice  to  VOX.    If  the  City  exercises  one  or  more  options  to  purchase,  then  VOX   shall  provide  the  Equipment  requested  at  the  guaranteed  prices  below  for  twelve  (12)  months   from  the  Effective  Date.     Option  1:  $193,689.84     Option  2:  $286,139.21     Option  3:  $47,158.48                   EXHIBIT  “A-­‐‑2”   EQUIPMENT  LIST  AND  PRICING     DATE: BILL TO: CITY of Palo Alto SHIP TO: CITY of Palo Alto MPN QTY DESCRIPTION UNIT COST EXT COST AVAYA RED 185446 AVAYA COMMUNICATIONS SOLUTION 183441 1 CM S8500 MODEL 225153 852 AVAYA AURATM ENTED R6 101- 1000NEWLIC $102.23 $87,099.96 225185 164 AVAYA AURATM R6 ANALOG NEW LIC $14.10 $2,312.40 225925 33 CC R6 NEW ELITE PER AGT 1-100 $342.42 $11,299.86 227272 1 SAL STDALN GATEWAY LIC R1.5 DWNLD 228490 3 ONE-X AGT R2 LIC FREE-MAX 3 PLD 229379 1 SURVIVABLE CORE SOLUTION 259401 1 MEDIA ENCRYPTION R6+/MBT 262653 1 AVAYA CCCM NEW MODEL 263764 1 DL360G7 SERVER CM S/D/MBT/SBC $3,102.13 $3,102.13 266523 1 R6 LARGE ENT SMPLX SOLUTION TRACKING 269364 852 ENT ED R6 MGMT SITE ADMIN R6 LIC /E 269365 852 ENT ED R6 MGMT NTWK MGMT R6 LIC /E 269366 852 ENT ED R6 SYSTEM MANAGER R6 LIC /E 269367 171 ENT ED R6 SM SIP CONN R6 LIC /E 269407 852 ENT ED R6 PS R6 LIC /E 269408 852 ENT ED R6 PS SFTW DWNLD R6 LIC /E 269423 852 ENT ED R6 B5800 SURV STN R6 LIC /E 269424 852 ENT ED R6 B5800 SIP TRNK R6 LIC /E 269425 852 ENT ED R6 ONE-XC VIDEO R6 LIC /E 270054 852 ENT ED R6 CMM R6 LIC /E 405362641 1 PWR CORD USA $8.10 $8.10 700477094 1 CM MESSAGING R6 MEDIA KIT 700500751 1 ADMIN TOOLS R6.0 CD $22.83 $22.83 700500752 1 NETWORK MGMT TOOLS R6.0 DVD $22.83 $22.83 700500754 1 PROGNOSIS VOIP MONITORING R3 CD 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $12.87 $12.87 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD NEW SITE USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700406416 1 CABLE ASSY B25A 25FT RHS $16.22 $16.22 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466642 1 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $1,057.54 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700406416 1 CABLE ASSY B25A 25FT RHS $16.22 $16.22 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466642 1 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $1,057.54 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY $0.01 $0.01 405362641 1 PWR CORD NEW SITE USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700406416 1 CABLE ASSY B25A 25FT RHS $16.22 $16.22 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466642 1 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $1,057.54 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700406416 1 CABLE ASSY B25A 25FT RHS $16.22 $16.22 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466642 1 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $1,057.54 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 700383326 41 96XX RPLCMNT LINE CORD $5.06 $207.46 700480593 37 IP PHONE 9611G $160.40 $5,934.80 700480601 4 IP PHONE 9621G $207.99 $831.96 700383326 24 96XX RPLCMNT LINE CORD $5.06 $121.44 700480593 22 IP PHONE 9611G $160.40 $3,528.80 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 24 96XX RPLCMNT LINE CORD $5.06 $121.44 700480593 22 IP PHONE 9611G $160.40 $3,528.80 405362641 1 PWR CORD NEW SITE USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700406416 1 CABLE ASSY B25A 25FT RHS $16.22 $16.22 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466642 1 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $1,057.54 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700406416 1 CABLE ASSY B25A 25FT RHS $16.22 $16.22 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466642 1 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $1,057.54 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 405362641 1 PWR CORD USA $8.10 $8.10 700466618 1 MM714B ANLG 4+4 MEDIA MOD - NON GSA $352.51 $352.51 700476393 1 G430 MEDIA GATEWAY NON-GSA $528.77 $528.77 700383326 41 96XX RPLCMNT LINE CORD $5.06 $207.46 700480593 37 IP PHONE 9611G $160.40 $5,934.80 700480601 4 IP PHONE 9621G $207.99 $831.96 700383326 24 96XX RPLCMNT LINE CORD $5.06 $121.44 700480593 22 IP PHONE 9611G $160.40 $3,528.80 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 24 96XX RPLCMNT LINE CORD $5.06 $121.44 700480593 22 IP PHONE 9611G $160.40 $3,528.80 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 36 96XX RPLCMNT LINE CORD $5.06 $182.16 700480593 33 IP PHONE 9611G $160.40 $5,293.20 700480601 3 IP PHONE 9621G $207.99 $623.97 700383326 14 96XX RPLCMNT LINE CORD $5.06 $70.84 700473689 1 SPKRPH 1692IP POE $822.25 $822.25 700473697 1 SPKRPH 1692IP UNVRSL PWR SUPP $79.12 $79.12 700473705 1 SPKRPH 1692IP PWR CORD NAR $15.82 $15.82 700480593 12 IP PHONE 9611G $160.40 $1,924.80 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 55 96XX RPLCMNT LINE CORD $5.06 $278.30 700473689 1 SPKRPH 1692IP POE $822.25 $822.25 700473697 1 SPKRPH 1692IP UNVRSL PWR SUPP $79.12 $79.12 700473705 1 SPKRPH 1692IP PWR CORD NAR $15.82 $15.82 700480593 50 IP PHONE 9611G $160.40 $8,020.00 700480601 5 IP PHONE 9621G $207.99 $1,039.95 700383326 24 96XX RPLCMNT LINE CORD $5.06 $121.44 700480593 22 IP PHONE 9611G $160.40 $3,528.80 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 23 96XX RPLCMNT LINE CORD $5.06 $116.38 700473689 1 SPKRPH 1692IP POE $822.25 $822.25 700473697 1 SPKRPH 1692IP UNVRSL PWR SUPP $79.12 $79.12 700473705 1 SPKRPH 1692IP PWR CORD NAR $15.82 $15.82 700480593 21 IP PHONE 9611G $160.40 $3,368.40 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 12 96XX RPLCMNT LINE CORD $5.06 $60.72 700480593 10 IP PHONE 9611G $160.40 $1,604.00 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 12 96XX RPLCMNT LINE CORD $5.06 $60.72 700480593 10 IP PHONE 9611G $160.40 $1,604.00 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 14 96XX RPLCMNT LINE CORD $5.06 $70.84 700480593 12 IP PHONE 9611G $160.40 $1,924.80 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 38 96XX RPLCMNT LINE CORD $5.06 $192.28 700480593 34 IP PHONE 9611G $160.40 $5,453.60 700480601 4 IP PHONE 9621G $207.99 $831.96 700383326 8 96XX RPLCMNT LINE CORD $5.06 $40.48 700480593 6 IP PHONE 9611G $160.40 $962.40 700480601 2 IP PHONE 9621G $207.99 $415.98 700383326 14 96XX RPLCMNT LINE CORD $5.06 $70.84 700480593 12 IP PHONE 9611G $160.40 $1,924.80 700480601 2 IP PHONE 9621G $207.99 $415.98 269901 852 ENT ED UCE R6 ONE-X COMM R6 LIC /E 269902 852 ENT ED UCE R6 AES UNFD DSK R6 LIC /E 269903 852 ENT ED UCE R6 AES DMCC R6 LIC /E 269904 852 ENT ED UCE R6 EC500 SM R9 LIC /E 269905 852 ENT ED UCE R6 ONE-X PRTL R5 LIC /E 269906 852 ENT ED UCE R6 ONE-X CES R6 LIC /E 405362641 2 PWR CORD USA $8.10 $16.20 700381254 1 COMPACT FLASH 128MB RHS $56.40 $56.40 700406416 3 CABLE ASSY B25A 25FT RHS $16.22 $48.66 700459456 1 G450 MP80 W/POWER SUPPLY NON- GSA $2,996.37 $2,996.37 700459472 1 80 CHANNEL DAUGHTERBOARD $987.04 $987.04 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466634 4 MM710B E1/T1 MEDIA MODULE - NON GSA $1,057.54 $4,230.16 700466642 3 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $3,172.62 700500929 1 AVAYA AURATM SYSTEM PLTFRM 6.0.3 DVD $17.63 $17.63 700500961 1 AVAYA AURATM R6.0.1 MEDIA DVD $17.63 $17.63 700501182 1 DL360G7 SPR PWR SUPP 460WAC $264.39 $264.39 193806 1 UTILITY TRIGGER REM GATEWAY NEW SITE $0.01 $0.01 263764 1 DL360G7 SERVER CM S/D/MBT/SBC $3,102.13 $3,102.13 405362641 3 PWR CORD USA $8.10 $24.30 700406416 1 CABLE ASSY B25A 25FT RHS $16.22 $16.22 700459456 1 G450 MP80 W/POWER SUPPLY NON- GSA $2,996.37 $2,996.37 700466626 1 MM711 ANLG MEDIA MODULE - NON GSA $564.02 $564.02 700466634 2 MM710B E1/T1 MEDIA MODULE - NON GSA $1,057.54 $2,115.08 700466642 1 MM716 ANLG MEDIA MOD 24FXS - NON GSA $1,057.54 $1,057.54 700500929 1 AVAYA AURATM SYSTEM PLTFRM 6.0.3 DVD $17.63 $17.63 700500961 1 AVAYA AURATM R6.0.1 MEDIA DVD $17.63 $17.63 700501182 1 DL360G7 SPR PWR SUPP 460WAC $264.39 $264.39 700383326 440 96XX RPLCMNT LINE CORD $5.06 $2,226.40 700395445 4 120A CSU CABLE 50FT RHS $30.67 $122.68 700480593 400 IP PHONE 9611G $160.40 $64,160.00 700480601 40 IP PHONE 9621G $207.99 $8,319.60 700383326 68 96XX RPLCMNT LINE CORD $5.06 $344.08 700395445 2 120A CSU CABLE 50FT RHS $30.67 $61.34 700480593 65 IP PHONE 9611G $160.40 $10,426.00 700480601 3 IP PHONE 9621G $207.99 $623.97 184048 1 MM MODEL 190930 1 MM SIP ITG 48 CHNL N/ENCRPT N/CARDS 227272 1 SAL STDALN GATEWAY LIC R1.5 DWNLD 244923 1200 MSG R6.X AV STORE SEAT TRACKING 244933 1200 MSG R6.X 1 SEAT MAINSTRM MMIP $17.19 $20,628.00 244936 1 MSG R6.X APPLICATION PLUS STORAGE 259726 1 MSG R6.X NEW SYSTEM TRACKING 264181 3 R610 SRVR AA MSG STD STRG $3,102.13 $9,306.39 405362641 6 PWR CORD USA $8.10 $48.60 700445893 1 MM MMIP SYS RET INSTRUCT OCT250 ARIA 184765 1 BCMR DESKTOP MODEL 183318 1 BCMR DESKTOP R2 USB TEN USER $8,323.44 $8,323.44 212365 1 ADDITIONAL PRODUCTS CATALOG MODEL 407349281 1 ECAS INSTALL ON-SITE 1ST DAY ZONE 2 $1,582.46 $1,582.46 700203615 20 eCAS SFTW ADD 50 EXTENSN LIC:CU $183.57 $3,671.40 700372204 1 ECAS ESSENTIALS CD 1-SITE 250 LIC $724.77 $724.77       Optional  Avaya  Equipment     Pricing  for  additional  Avaya  Equipment  that  was  requested  but  not  included  in  the  initial  proposal  or   Schedule   A:     Twenty   Eight   Percent   (28%)   Discount   or   the   prevailing   material   prices   on   the   State   of   California  supply  agreement  with  Avaya  on  telephone  sets,  gateways,  software  and  line  and  trunk  circuit   packs.       VOX   offers   to   provide   the   Equipment   listed   above   supporting   TDM   telephones   at   a   Twenty  eight  Percent  (28%)  discount  off  the  Published  Avaya  List  Prices  on  the  material   above  for  a  period  of  12  Months  following  Contract  Execution.      Optional  Non  Avaya  Material  Pricing  Schedule:     Available  via  written  change  order  for  12  months  following  Contract  Execution   CAT6  Line  cord  -­‐‑  NWPC6GR14E  –  $  6.45  –  14ft   CAT6  Line  cord  -­‐‑  NWPC6GR25E  –$  7.25  –  25ft   Handset  12ft  -­‐‑  $3.50   Handset  25ft  –  $4.25         Material Codes QTY Description Extended List Price 185446 AVAYA COMMUNICATIONS SOLUTION 212365 1 ADDITIONAL PRODUCTS CATALOG MODEL 407349281 1 ECAS INSTALL ON-SITE 1ST DAY ZONE 2 $2,500.00 700203623 1 eCAS SFTW ADD 1000 EXTENSN LIC:CU $1,375.00 700372204 1 ECAS ESSENTIALS CD 1-SITE 250 LIC $1,145.00 700501048 1 MM717 24PT DCP MEDIA MODULE NON GSA $3,040.00 700394745 1 MM712 DCP MEDIA MODULE RHS $2,030.00 700500205 1 9408 TELSET FOR CM/IE UpN $599.00 700500204 1 9404 TELSET FOR CM/IE UpN $390.00 700476393 1 G430 MEDIA GATEWAY NON-GSA $1,500.00 700476401 1 EM200 BRANCH EXPANSION UNIT NON-GSA $750.00 EXHIBIT  “A-­‐‑3”   MAINTENANCE  AND  SUPPORT     VOX  will  provide  maintenance  services  to  the  City  according  to  this  Maintenance  and  Support  Schedule.       1. TERM                 The  term  of  this  Services  Schedule  begins  on  the  Start  Date  below  and  continues,  for  four  (4)  years.         Start  Date:        October  7,  2013*            Expiration  Date:  October  6,  2017            Payment  Due                      Payment  Amount                       Start  Date:    Year  1    October  7,  2013*            Expiration  Date:  October  6,  2014                          $60,880                                              Year  2              October  7,  2014                  Expiration  Date:  October  6,  2015  $60,880                                              Year  3              October  7,  2015                  Expiration  Date:  October  6,  2016  $60,880                                              Year  4              October  7,  2016                  Expiration  Date:  October  6,  2017  $60,880     *This  schedule  covers  the  maintenance  of  the  Avaya  Communications  Manager  and  related  equipment   that  will  be  provided  under  the  terms  and  conditions  of    this  Agreement  and  this  Exhibit.  The   Agreement  includes  one  (1)  year  of  Warranty  from  the  Cutover  Date,  which  is  scheduled  to  fall  on   October  6,  2012.    If  the  Cutover  Date  changes,  the  new  Start  Dates  of  the  Maintenance  term  will  be   adjusted,  in  writing,  to  commence  one  (1)  year  from  the  revised  Cutover  Date.       2. MAINTENANCE  CHARGES     Maintenance  coverage  will  not  commence  until  VOX  has  received  payment  for  services.  The  charge  for   annual  coverage  of  the  equipment  listed  in  Schedule  A  except  for  the  telephone  sets  is  Sixty  Thousand   Eight  Hundred  Eighty  dollars  ($60,880).     At  the  annual  renewal  date  [what  date  is  this?],  the  City  may  select  optional  telephone  set  coverage  for  a   price  of  six  dollars  ($6.00)  per  telephone  set  per  year.  This  amount  multiplied  by  the  number  of  active  sets   at  the  renewal  date  may  be  added  to  the  annual  price  for  Maintenance.  Failed  Sets  may  be  exchanged  for   replacement  refurbished  sets  of  comparable  type  and  vintage.  The  city  can  mail  failed  telephone  sets  to   the  VOX  service  center  for  exchange  upon  opening  a  ticket  in  the  VOX  customer  portal.    The  City  may   also  collect  failed  sets  in  a  central  location  for  periodic  pickup  by  VOX.  VOX  will  exchange  these  failed   sets  for  comparable  type  and  vintage  and  deliver  to  the  City.  If  the  set  coverage  is  not  selected  by  the   City,  sets  may  be  exchanged  for  refurbished  units  at  the  prevailing  VOX  exchange  price  for  the  applicable   sets.     At  the  annual  renewal  date,  VOX  will  perform  an  inventory  of  components  on  the  System  and  VOX  will   adjust  the  annual  charge  for  that  subsequent  maintenance  year  up  or  down  to  reflect  changes  in   equipment  inventory  and  quantity  that  have  occurred  since  the  initial  installation  and  Warranty  period  or   since  subsequent  years  of  maintenance  coverage.  The  adjustment  in  price  will  be  based  on  VOX’s  most   favorable  current  pricing  for  maintenance  of  similar  equipment  for  VOX  customers  in  the  San  Francisco   Bay  Area.     Pricing  Adjustments:  The  price  for  coverage  of  the  equipment  listed  in  Schedule  A  will  remain  fixed  for   the  term  of  this  Agreement  based  on  continuous  coverage  under  a  VOX  Maintenance  Agreement  by   CITY.     Notification  of  Maintenance  Renewal:  VOX  will  provide  a  renewal  notice  and  invoice  a  minimum  of  forty   five  (45)  days  prior  to  the  expiration  of  the  Warranty  period  or  subsequent  Maintenance  Coverage   Periods.       3.    MAINTENANCE  COVERAGE     VOX’s  Maintenance  Coverage  will  cover  the  Equipment  listed  in  Exhibit  “A-­‐‑2”  under  normal  use  and   service  except  for  telephone  station  equipment.    The  City  shall  notify  VOX  of  any  defect,  specifying  the   nature  thereof,  within  the  Maintenance  period.    If  any  of  the  Equipment  is  found  to  be  defective  during   this  period,  VOX  will,  at  its  option,  repair  or  replace  the  Equipment.    Maintenance  of  the  Equipment  does   not  cover  damage  resulting  from  or  associated  with  abuse,  unreasonable  use,  unauthorized  repair  or   alteration  of  the  equipment.       VOX  has  included  Avaya  Support  Advantage  and  Avaya  Upgrade  Advantage  for  the  term  of  this   Agreement.     VOX  Monitoring.     VOX  will  monitor  the  System  described  in  Exhibit  “A-­‐‑2”  for  alarm  conditions  on  a  24x7  basis  from  the   VOX  Network  Operations  Center.  VOX  will  attempt  remote  clearance  and  dispatch  a  technician  to  the   appropriate  City  location,  if  remote  clearance  cannot  be  accomplished.  VOX  will  initiate  the  opening  of   an  Avaya  support  ticket  as  required  for  alarm  or  outage  conditions  that  require  manufacturer  support.       Service  Access.   The  City  may  request  service  or  other  support  services  by  calling  the  VOX  service  number,  entering  a   ticket  on  the  VOX  Customer  Portal  or  via  email  to  the  VOX  account  manager  assigned  to  the  Project.  If   the  service  request  is  called  into  the  VOX  service  number,  response  times  will  be  as  indicated  below  for   Emergency  and  Non-­‐‑Emergency  service.       Emergency  Service.    Any  major  System  failure,  where  the  covered  Equipment  cannot  make  or  receive   any  voice  or  data  calls,  any  of  the  operator  consoles  cannot  make  or  receive  calls,  fifteen  percent  (15%)  or   more  of  either  trunks  or  stations  are  inoperable,  any  of  the  T1  trunks  are  inoperable,  complete  failure  of   the  voice  mail  system,  and  additional  conditions  as  agreed  to  by  the  Parties,  in  writing.  Response  time  for   emergency  service  will  be  within  Two  (2)  hours  on  a  twenty  four  (24)  hour  by  seven  (7)  days  per  week  by   three  hundred  sixty  five  (365)  days  per  year  basis  from  the  time  of  notification  by  the  City  of  the   requirement  for  Emergency  Service.  For  Emergency  Service  outages,  VOX  will  remain  continuously   engaged  in  resolution  efforts  from  the  time  of  notification  to  resolution  even  if  the  prime  engineer  needs   to  be  substituted  due  to  duration  of  event  or  shift  change.    Resolution  targets  will  be  to  clear  emergency   outages  within  three  (3)  hours  for  outages  that  can  be  addressed  by  remote  response  and  six  (6)  hours  for   items  that  require  dispatch  to  CITY  locations.  All  reasonable  efforts  will  be  made  to  clear  outages  in  less   time  if  possible.  Resolution  of  outages  are  potentially  impacted  by  carrier,  CITY  data  network  problems   or  the  requirement  to  source  specialty  parts  that  are  outside  of  normal  manufacturer  recommended  spare   parts  inventories.       Non-­‐‑Emergency  Service.    Any  other  malfunction  not  defined  in  Emergency  Service.  Response  times  for   Non-­‐‑Emergency  Service  shall  be  Eight  (8)  business  hours  based  on  an  8-­‐‑5  business  day  Monday-­‐‑  Friday   except  for  holidays  that  are  observed  by  CITY.  Resolution  Targets  for  Non-­‐‑Emergency  service  outages   will  be  five  business  days  from  initial  response.  Resolution  of  outages  are  potentially  impacted  by  carrier,   CITY  data  network  problems  or  the  requirement  to  source  specialty  parts  that  are  outside  of  normal   manufacturer  recommended  spare  parts  inventories.         EXHIBIT  “A-­‐‑4”   SCOPE  OF  WORK  –  ADDITIONAL  SERVICES   OPTIONAL/ADDITIONAL COMMODITIES & SERVICES DATE:5/7/2012 QUOTE #:OPTION 1 EXPIRATION DATE: BILL TO:CITY of Palo Alto SHIP TO: MPN QTY DESCRIPTION UNIT COST EXT COST 185446 AVAYA COMMUNICATIONS SOLUTION 185840 1 CM MODEL ADDITIONS Presence 259761 1 AVAYA AURATM PS R6.X SP TMPLT DWNLD 263127 1 DL360G7 SRVR PRES SVCS R6.1 $12,765.38 $12,765.38 405362641 5 PWR CORD USA $13.98 $69.90 System and Session Manager 700501093 1 DL360G7 SERVER SYSTEM MANAGER $6,929.78 $6,929.78 700501478 1 AVAYA AURATM SMR6.1 RH KCKST NEW DVD $30.40 $30.40 700501479 1 AVAYA AURATM PS R6.1 MEDIA DVD $91.19 $91.19 700502315 1 AVAYA AURATM SESSION MGR R6.1SP6 DVD $30.40 $30.40 700503262 1 AVAYA AURATM SYS MANAGER 6.1 SP7 DVD $36.05 $36.05 405362641 2 PWR CORD USA $13.98 $27.96 700501092 1 DL360G7 SERVER SESSION MANAGER $6,929.78 $6,929.78 AAC 262710 1 CONF STD MODEL 232157 40 CONF R6.X STD LIC $364.73 $14,589.20 232160 852 CONF R6.X UC CLNT LIC $12.16 $10,360.32 232162 40 CONF R6.X AWC LIC $194.53 $7,781.20 263801 1 R610 SRVR CONFERENCING 6.0 STD ED $13,373.25 $13,373.25 405362641 2 PWR CORD USA $13.98 $27.96 700500055 1 CONF R6 MSFT OCS CD 700500056 1 CONF R6 MSFT OUTLOOK CD SBC 700502767 1 SIPERA R4 UC-SEC APPLNC 500 USR $14,012.35 $14,012.35 License for Apple 260101 1 ONE-X MBL SIP IOS R1/R5 NEW LIC $35.26 $35.26 266632 1 AV FLARE COMM IPAD R1 FOR CMR6 LIC $60.79 $60.79 CES 269373 1 DL360G7 AVAYA ONE-X CES R6.X SRVR $9,422.06 $9,422.06 AES 229360 1 AES 5.X PLDS ENABLE FOR APPL LIC 700501084 1 R610 SRVR AES $4,498.28 $4,498.28 405362641 1 PWR CORD USA $13.98 $13.98 TERM ANNUAL TOTAL TERM 191624 1 NETWORK ASSESSMENT - 3RD PARTY 12 Ix Apple Support 232253 1 SA CM MODEL SA 257842 1 SA ESS ONE-X MBL R1/R5.X SIP IOS 3YAN 12 $5.25 $5.25 258092 1 SA ESS FLARE COMM IPAD R1 CM R6 3YAN 12 $7.20 $7.20 UA 252375 1 UPG ADV FLARE COMM IPAD R1 CM R6 3YAN 12 $3.60 $3.60 252205 1 UPG ADV ONE-X MBL R1/R5.X SIP IOS 3YAN 12 $2.10 $2.10 AAC Support 232257 1 SA MX MODEL SA 238078 40 SA ESS CONF R6 S6100 3YAN 12 $2,040.00 $2,040.00 238081 852 SA ESS CONF R6 STD EXT UC CLNT 3YAN 12 $1,533.60 $1,533.60 238084 40 SA ESS CONF R6 STD AWC 3YAN 12 $1,092.00 $1,092.00 UA 238080 40 UPG ADV CONF R6 S6100 3YAN 12 $876.00 $876.00 238083 852 UPG ADV CONF R6 STD EXT UC CLNT 3YAN 12 $639.00 $639.00 238086 40 UPG ADV CONF R6 STD AWC 3YAN 12 $468.00 $468.00 SIPERA 700502767M 1 Annual Premium Support for SBCAE appliance 12 $4,363.35 $4,363.35 EQUIPMENT TOTAL:$112,115.59 DISCOUNT: LABOR TOTAL:$67,524.71 1-YEAR WARRANTY:$4,800.00 SALES TAX $9,249.54 TOTAL PROJECT COST:$193,689.84 City of Palo Alto Option 1 UC Options AVAYA RED SUPPORT - SS/SA DATE:5/7/2012 QUOTE #:Option 2 BILL TO:CITY of Palo Alto SHIP TO: MPN QTY DESCRIPTION UNIT COST EXT COST ACE 700501838 2 DL360G7 SRVR 2CPU MID11 $8,527.35 $17,054.70 NTBT55RA 1 ACE App Integration Engine $867.19 $867.19 NTBT74BB 1 ACE 3.x Base SW Linux $6,937.50 $6,937.50 NTBT78EA 852 ACE M'soft Lync Bundle (user)$41.63 $35,468.76 NTTK14ABE6 2 PWR Cord 9.9ft 11CM 125VA $28.91 $57.82 GU4300AXU 852 ACE DesktopComEnablement - Partner Assurance Software Support - Plus - Service Line Number AXU $3.63 $3,092.76 GU4300AYX 1 ACE Integration Engine - Partner Assurance Software Support - Plus - Service Line Number AYX $145.69 $145.69 GU4300EA8 852 ACE OCS Integration - Partner Assurance Software Support - Plus - Service Line Number EA8 $3.63 $3,092.76 GU4300EK8 1 ACE 3.0 Base Software (Linux) - Partner Assurance Software Support - Plus - Service Line Number EK8 $1,209.44 $1,209.44 185446 AVAYA COMMUNICATIONS SOLUTION 185840 1 CM MODEL ADDITIONS Presence 259761 1 AVAYA AURATM PS R6.X SP TMPLT DWNLD 263127 1 DL360G7 SRVR PRES SVCS R6.1 $8,040.38 $8,040.38 405362641 5 PWR CORD USA $8.80 $44.00 System and Session Manager 700501093 1 DL360G7 SERVER SYSTEM MANAGER $4,364.78 $4,364.78 700501478 1 AVAYA AURATM SMR6.1 RH KCKST NEW DVD $19.15 $19.15 700501479 1 AVAYA AURATM PS R6.1 MEDIA DVD $57.44 $57.44 700502315 1 AVAYA AURATM SESSION MGR R6.1SP6 DVD $19.15 $19.15 700503262 1 AVAYA AURATM SYS MANAGER 6.1 SP7 DVD $24.80 $24.80 405362641 2 PWR CORD USA $8.80 $17.60 700501092 1 DL360G7 SERVER SESSION MANAGER $4,364.78 $4,364.78 AAC 262710 1 CONF STD MODEL 232157 40 CONF R6.X STD LIC $229.73 $9,189.20 232160 852 CONF R6.X UC CLNT LIC $7.66 $6,526.32 232162 40 CONF R6.X AWC LIC $122.53 $4,901.20 263801 1 R610 SRVR CONFERENCING 6.0 STD ED $8,423.25 $8,423.25 405362641 2 PWR CORD USA $8.80 $17.60 700500055 1 CONF R6 MSFT OCS CD 700500056 1 CONF R6 MSFT OUTLOOK CD SBC 700502767 1 SIPERA R4 UC-SEC APPLNC 500 USR $10,086.10 $10,086.10 License for Apple 260101 1 ONE-X MBL SIP IOS R1/R5 NEW LIC $22.21 $22.21 266632 1 AV FLARE COMM IPAD R1 FOR CMR6 LIC $38.29 $38.29 CES 269373 1 DL360G7 AVAYA ONE-X CES R6.X SRVR $5,934.56 $5,934.56 AES 229360 1 AES 5.X PLDS ENABLE FOR APPL LIC 700501084 1 R610 SRVR AES $2,833.28 $2,833.28 405362641 1 PWR CORD USA $8.80 $8.80 191624 1 NETWORK ASSESSMENT - 3RD PARTY Ix Apple Support City of Palo Alto Option 2 UC Options OPTION  1:  Avaya  Only  UCC   The  Avaya  Aura  architecture  simplifies  complex  communications  networks,  reduces   infrastructure  costs  and  delivers  voice,  video,  messaging,  presence,  web  applications  and  more   to  users.  Using  this  architecture,  organizations  are  able  to  rapidly  and  cost-­‐‑effectively  deploy   applications  from  a  centralized  data  center  to  users  regardless  of  the  device  they  are  using  or   the  network  to  which  they  are  connected.       Option  #1  includes  the  Avaya  core  Unified  Communications  and  Collaboration  infrastructure  with  the   Avaya  family  of  one-­‐‑X  and  Flare  desktop  (PC/Mac),  tablet  (android/iPad),  and  mobile  device  clients.         232253 1 SA CM MODEL SA 257842 1 SA ESS ONE-X MBL R1/R5.X SIP IOS 3YAN $5.25 $5.25 258092 1 SA ESS FLARE COMM IPAD R1 CM R6 3YAN $7.20 $7.20 UA 252375 1 UPG ADV FLARE COMM IPAD R1 CM R6 3YAN $3.60 $3.60 252205 1 UPG ADV ONE-X MBL R1/R5.X SIP IOS 3YAN $2.10 $2.10 AAC Support 232257 1 SA MX MODEL SA 238078 40 SA ESS CONF R6 S6100 3YAN $2,040.00 $2,040.00 238081 852 SA ESS CONF R6 STD EXT UC CLNT 3YAN $1,533.60 $1,533.60 238084 40 SA ESS CONF R6 STD AWC 3YAN $1,092.00 $1,092.00 UA 238080 40 UPG ADV CONF R6 S6100 3YAN $876.00 $876.00 238083 852 UPG ADV CONF R6 STD EXT UC CLNT 3YAN $639.00 $639.00 238086 40 UPG ADV CONF R6 STD AWC 3YAN $468.00 $468.00 SIPERA 700502767M 1 Annual Premium Support for SBCAE appliance $4,363.35 $4,363.35 EQUIPMENT TOTAL:$143,889.61 LABOR TOTAL:$117,616.71 1-YEAR WARRANTY:$12,762.00 SALES TAX $11,870.89 TOTAL PROJECT COST:$286,139.21 DATE:5/7/2012 QUOTE #:Option 3 BILL TO:CITY of Palo Alto SHIP TO: MPN QTY DESCRIPTION UNIT COST EXT COST System and Session Manager 700501093 1 DL360G7 SERVER SYSTEM MANAGER $5,372.03 $5,372.03 700501478 1 AVAYA AURATM SMR6.1 RH KCKST NEW DVD $23.57 $23.57 700501479 1 AVAYA AURATM PS R6.1 MEDIA DVD $70.69 $70.69 700502315 1 AVAYA AURATM SESSION MGR R6.1SP6 DVD $23.57 $23.57 700503262 1 AVAYA AURATM SYS MANAGER 6.1 SP7 DVD $30.52 $30.52 405362641 2 PWR CORD USA $10.83 $21.66 700501092 1 DL360G7 SERVER SESSION MANAGER $5,372.03 $5,372.03 EQUIPMENT TOTAL:$10,914.07 LABOR TOTAL:$23,842.00 1-YEAR WARRANTY:$11,502.00 SALES TAX $900.41 TOTAL PROJECT COST:$47,158.48 City of Palo Alto Option 3 UC Options OPTION  2:  Avaya  Aura  with  ACE  &  Microsoft  Lync  Client   Avaya  Agile  Communication  Environment  (ACE)  for  Microsoft  Lync  Integration  allows  users   to  control  their  Avaya  phones  and  view  telephony  presence  from  within  the  Microsoft   Lync/Communicator  client,  Microsoft  Office,  and  Internet  Explorer.  The  Lync/Communicator   client  can  be  used  as  a  soft  phone  to  drive  calls  through  the  Avaya  Aura  infrastructure  and  both   premise  and  cloud-­‐‑based  Lync  integration  options  are  supported.    Collaboration  and  video   support  is  provided  by  Avaya’s  conferencing  and  video  solutions.   Option  #2  includes  all  of  Option  #1  plus  adds  the  ability  to  use  the  Microsoft  Lync  client  at  the  desktop   acting  as  one  combined  solution.     OPTION  3:  Microsoft  Lync  SIP  Trunk  to  Avaya  Aura   Microsoft  Lync  is  an  enterprise-­‐‑ready  unified  communications  platform.  With  Lync,  users  can   keep  track  of  their  contacts’  availability;  send  an  IM;  start  or  join  an  audio,  video,  or  web   conference;  or  make  a  phone  call—all  through  a  consistent,  familiar  interface.    Lync  is  built  to   fully  integrate  with  Microsoft  Office.  The  Microsoft  Lync  2010  desktop  client  is  available  for   Windows  and  for  Mac  and  mobile  versions  are  available  for  Windows  Phone,  iPhone/iPad,  and   Android  devices.   Option  #3  leverages  Microsoft’s  robust  Unified  Communications  and  Collaboration  infrastructure  (does   not  include  any  Avaya  UCC  components)  and  integrates  to  the  Avaya  core  telephony  via  SIP  Trunks   configured  as  a  separate  PBX.     Option  1  Diagram:                                     Option  2  Diagram:                                         Option  3  Diagram:         EXHIBIT  “A-­‐‑5”   PRIMARY  CITY  GATEWAY  EQUIPMENT  LOCATIONS     1.CITY  HALL   2.MUNICIPAL  SERVICES  CENTRE   3.DEVELOPMENT  CENTRE   4.DOWNTOWN  LIBRARY   5.MAIN  LIBRARY   6.MITCHELL  PARK  LIBRARY   7.LUCIE  STERN  COMPLEX   8.ART  CENTRE   9.CUBBERLEY  COMMUNITY  CENTRE   10.FIRE  STATION  1   11.FIRE  STATION  2   12.JUNIOR  MUSEUM   13.WATER  QUALITY   14.UTILITIES  CONTROL  CENTRE   15.ANIMAL  SERVICES       THIS   LIST   IS   SUBJECT  TO   CHANGE   DURING   THE  DESIGN   AND   PLANNING  PHASE   OF   THE   IMPLEMENTATION  PROJECT.    LOCATIONS  COULD  BE  CONSOLIDATED  AND  NEW  ONES  ADDED.     EXHIBIT  “A-­‐‑6”   AVAYA  UNIFIED  COMMUNICATIONS  FAMILY   one-XTM Desktop SIP Softphone Client to control your phone calls and telephony features from your PC. Allows workers to use their desk phone in tandem with their PC while at the office, direct the voice path to another phone to support virtual or work-at-home, or voice over IP. IP Softphone w/ Microsoft MOC or IBM Sametime Integrated telephony and Microsoft Office Communicator (MOC) instant messaging presence. Click-to-call from an entry in ‘buddy’ list, an email, or a smart tag. Access all Avaya Communication Manager features, gain integrated desktop video, and click-to-call from Internet Explorer. one-XTM Portal A web based interface allowing telephony access (telephony, messaging, conferencing, mobile communications) through a secure, VPN SSL web client. one-XTM Mobile Mobile phone becomes an extension of the desk phone - calls simultaneously ring on both and can be answered on either. Seamlessly shift from desk to mobile phone or mobile to desk phone while a call is in progress. Calls placed from your mobile phone go through the enterprise communication system to take advantage of least cost routing, management, reporting, and single number identity. Maintain a single corporate voice mailbox and access advanced features like visual voicemail, corporate directory, synchronized call logs, and mid-call control (conference, transfer, call park, etc..) via a GUI on the mobile device. one-XTM Speech Speech Access to voice mail, e-mail, calendars, directories, calling and conferencing. Great for use while in transit or away from Internet connection. Modular Messaging Messaging platform enabling migration from traditional voice messaging systems toIP Messaging with the enterprise-class features, scalability, and reliability. This includes multiple telephone user interfaces (AUDIX, Aria, Serenade); and networking using both standards-based and Avaya protocols. For IBM or Microsoft Clients Integrate voice messaging directly into the Microsoft Exchange or IBM Lotus Domino message store and directory infrastructure; or keep voice messages in the Avaya Message Storage Server, and provide unified access to email and voice mail from Microsoft Outlook or IBM Lotus Notes. Meeting Exchange Audio conferencing solution that combines reservation-less, attended, scheduled meet-me, event-based, capabilities; sub conferencing, dial out, blast dial, recording, billing and reporting features. Supports 24 to 14000 TDM or pure IP-based users. For Adobe, IBM, Microsoft Use web conferencing clients like Adobe Acrobat Connect Professional, IBM Sametime, Microsoft Live Meeting and Microsoft OCS to see conference presence and who is speaking. Control audio components such as mute/un-mute lines,, add participants, etc. Web Conferencing Browser-based collaboration solution that allows users to hold productive virtual meetings. Share applications, presentations, white board, or chat. Video Telephony Make video as easy to use as a phone. Includes desktop video, multi-point, telepresence, or high definition option. Integrate with Polycom or Tandberg video conferencing solutions. SIP Enablement A standards-based SIP architecture for telephony, presence, Instant Messaging and other enterprise communications, bridging PSTN and IP on hardphones, softphones and multi-modal devices Application Enablement Application Enablement Services provides an enhanced set of Application Programming Interfaces (APIs), protocols and web services that expose the functionality of Avaya communication solutions to application developers. Access Services Enable access to calling conferencing, telephony features, call logs, corporate LDAP directory, voice mail, email, for mobile devices, thick clients, web portals, and speech access.       EXHIBIT  “B-­‐‑1”   SCHEDULE  OF  PERFORMANCE  –  SERVICES                  CITY  Telephony  Implementation  Project  -­‐  VOX  Milestone  Summary   Task/Milestone  Date  Range     Contract  Execution  5/25/12  *   Project  Kickoff  -­‐  Weekly  Status  Calls  Commence  6/4/12     Finalize  IP  Address  Schema  for  Staging  6/15/12     Order  Release  -­‐  Ship  From  Factory  6/18  -­‐  6/25/12  *   Pre-­‐Field  Site  Survey  and  Software  Kickoff  6/18/12     Data  Gathering  -­‐  Global/Network/Station  6/22  -­‐  8/23/12     VOX  Staging  of  Server/Gateway  Hardware  6/25  -­‐  7/9/12     Customer  Premise  Delivery  -­‐  Stations/Peripherals  6/27-­‐7/2/12     Network  Assessment  -­‐  Plan,  Execute,  Review  7/2  -­‐  7/16/12  *   Switch  Room  Ready  7/13/12     Onsite  Hardware  Installation  -­‐  City  Hall/MSC  7/16  -­‐  7/23/12     Remote  Building  Gateway  Install/Test  7/23  -­‐  8/3/12     System  Installation  -­‐  All  Components  Up  and  Test   Call  8/8/12  *   Test  and  Failover  Plan  Completion  and  Acceptance  8/9  -­‐  8/16/12  *   Arts  Center  Cutover  and  Go  Live  Support  8/17  -­‐  8/20/12  *   Finalize  Full  Database  and  Software  Freeze  8/27  -­‐  9/7/12     Station  Placement  and  Testing  -­‐  All  Sites  8/15  -­‐  9/15/12     Admin  Training  -­‐  All  Solutions  9/15  -­‐  10/15/12     End  User  Training  9/17  -­‐  9/28/12     Project  Timeline  (Key  Milestones/Critical  Path)   *Payment  Milestones  are  indicated  in  Exhibit  “C-­‐‑1”   Site  Not  Ready/Delays:       The  City  must  provide  VOX  with  48  hours’  advance  notice  if  scheduled  onsite  activities  will  be   delayed  due  to  readiness  issues  outside  of  VOX’s  control.    VOX  will  bill  the  City  for  resources   delayed  onsite  or  for  onsite  activities  rescheduled  with  less  than  48  hours’  notice  due  to   readiness  issues  outside  of  VOX’s  control.       The  billable  amount  will  be  actual  delay  time  onsite,  or  50%  of  the  1-­‐‑day  rate  for  each  resource   scheduled  for  onsite  work.           Go/No  Go  Final  Call  9/27/12     System  Wide  Cutover  10/4     Enterprise  Wide  First  Day  of  Business  Help  Desk   Support  10/4  -­‐10/8     System  Acceptance/  Hand  off  to  Maintenance  11/6/12  *   EXHIBIT  “C-­‐‑1”   COMPENSATION  AND  PAYMENT  MILESTONES     a. Equipment  and  Installation:    For  the  purchases  of  the  Equipment  and  installation  services,   the  City  will  pay  VOX,  the  purchase  price,  plus  applicable  taxes,  net  30  from  the  receipt  of   invoice,  per  the  following  schedule:       Payment  Amount  Due   §  10%  on  the  execution  of  this  Agreement  $51,698.69     §  25%  on  the  Delivery  Date  of  the  Equipment  to  the  City  or  VOX’s    $129,246.87   staging  site   §  10%  on  the  completion  of  the  City’s  Voice  Readiness  Assessment  $51,698.69   §  10%  upon  the  installation  and  demonstrated  functioning  of  Core  $51,698.69    System  at  City  Hall   §  10%  upon  Installation  and  Cutover  of  system  at  the  Art  Center  $51,698.69   §  10%  upon  completion  of  the  Failover  Testing  $51,698.69   §  25%  plus/minus  net  of  any  change  orders  on  System  Acceptance  $129,246.87     b. Equipment  Only:    For  purchases  of  equipment  only  after  the  Cutover  Date,  the  City  will  pay   VOX,  the  purchase  price,  plus  applicable  taxes,  within  thirty  (30)  days  of  the  Equipment’s   delivery.         c. Late  Payment:    Past  due  payments  are  subject  to  late  fees  of  twelve  percent  (12%)  per  annum   or  the  maximum  interest  rate  permissible  by  law  from  the  date  due  until  paid  in  full.         EXHIBIT  “C-­‐‑2”   BILLING  RATES     Labor  Pricing  Schedule  for  work  not  included  in  Scope  of  Work   Valid  for  12  Months  from  Contract  Execution     Labor  rates  for  Warranty  and  Maintenance  Contract  Customers    Hourly  Rate                           Applications:  AVAYA,  CALL  CENTER  APPLICATIONS,  IP  Telephony  Voice  Network   Services.                   Monday  through  Friday  (8:00  am  to  5:00  pm)        $120.00       Saturday  and/or  Monday  through  Friday  (5:00  pm  to  8:00am)    $180.00       Holidays  and  Sundays              $240.00       CISCO  products,  Microsoft  Support   Monday  through  Friday  (8am  to  5pm)                                                                                                              $175.00   Saturday  and/or  Monday  through  Friday  (5:00  pm  to  8:00  am)                                  $262.50   City  Holidays  and  Sundays                                                                                                                                                        $350.00                                                                                                                                                   Remote   support   for   MAC   work   or   other   technical   support   is   billed   in   30   minute   increments  (if  the  question  takes  less  than  15  minutes  =  No  Charge.)       A  Per-­‐‑Trip  Charge  of  $65.00  applies  for  all  on-­‐‑site  activities,  each  site  visit,  for  each   engineer*         EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 City of Palo Alto (ID # 2867) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 2 (ID # 2867) Summary Title: Hewlett Packard Network Switches Title: Approval of Purchase Order for Acquisition of Hewlett Packard Company Network Switching Equipment From: City Manager Lead Department: IT Department Recommendation Staff recommends that the Council approve the Purchase Order with Decotech Systems, Inc., a California Corporation for the purchase of Hewlett Packard Company network switching equipment and authorize the City Manager or his designee to execute Purchase Order 4512001030 for the purchase of the equipment in the amount of $598,867. Staff also recommends that the Council approve the City Manager or his designee to execute change orders up to 10% of the contract price (or $59,886) for any additionally required network switching equipment. Background This is one CMR of 3 supporting the TE-00010 Telephone System Replacement Project. In September 2009, staff contracted with a telecommunications professional services consultant, Communication Strategies, to prepare a feasibility study and needs analysis of the City’s telephone system and supporting infrastructure. In that analysis, it was determined that the City’s existing network switching infrastructure needed to be upgraded in order to support current and future technology needs including a new Voice over Internet Protocol (VoIP) telephone and communications system. Discussion The City currently has over 100 HP network switches throughout its facilities. The existing network switches are over 8 years old and while these switches served the City well over these years, they are now outdated and many have reached the end of their useful lives. With the upcoming Telephone System Replacement, it is essential that new network switches are June 04, 2012 Page 2 of 2 (ID # 2867) acquired to better facilitate Power Over Ethernet (PoE) and provide the highest level of Quality of Service (QoS). In April 2012, the City conducted an RFQ for network switching equipment. Two vendors submitted responses to the RFQ. Vendor City/State Amount Chem USA Corp Newark, CA $825,747 DecoTech Walnut Creek, CA $598,867 Based upon cost proposals, DecoTech was selected as the recommended awarded vendor. Resource Impact Funding for this equipment is allocated in CIP TE-00010. Prepared By: Lisa Bolger, Manager, IT Department Head: Jonathan Reichental, Chief Information Officer City Manager Approval: ____________________________________ James Keene, City Manager City of Palo Alto (ID # 2900) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 4 (ID # 2900) Summary Title: New Telephone System - Re-Cabling Contract Title: Approval of a Contract with Radovich Corp. dba Cal Coast Telecom for the Re-Cabling of City facilities in preparation for a Unified Communications System From: City Manager Lead Department: IT Department Recommendation Staff recommends that the Council approve, and authorize the City Manager or his designee to execute, contract C12144295 with Radovich Corp. dba Cal Coast Telecom for a total contract price not to exceed $448,000 for the following items: 1. Install 1059 workstation location cabling, providing all necessary materials, and terminate, label, and test each of those locations 2. Install all necessary backbone cabling, providing all necessary materials, and terminate, label, and test each of those locations 3. Provide and install all necessary racks in designated equipment rooms 4. Remove and recycle existing station cables and associated termination hardware from each building; and 5. Execute one or more change orders, if any, to the contract not exceeding 15% of the contract price or $67,200 for additional but unforeseen work which may develop during the term of this contract, the total value of the contract and change orders of which shall not exceed $515,200. Background This is one of three staff reports, dealing with contracts supporting the TE-00010 Telephone System Replacement Project. In September of 2009, staff contracted with a telecommunications professional services consultant, Communication Strategies, to prepare a feasibility study and June 04, 2012 Page 2 of 4 (ID # 2900) needs analysis of the City’s telephone and voicemail systems to determine the direction the City should pursue to upgrade the system and at what estimated costs. In August 2010, the consultant presented its findings and recommended moving in the direction of an industry standard Voice over Internet Protocol (VoIP) phone system. It also recommended that the City first perform essential and requisite infrastructure upgrades to ensure Quality of Service (QoS), Power over Ethernet (PoE) redundancy, and capacity management including: Cabling (approximately 70% of the City’s cabling is antiquated CAT3 cabling) Heating, ventilation, and air conditioning (HVAC) Power (including Uninterruptible Power Supply (UPS))  Facility renovations (for cabling closets) The estimated total cost range for this recommendation is $1,990,000 - $2,180,000. This contract addresses one of the communications infrastructure upgrade projects. Discussion The City’s cabling and network infrastructure are very antiquated, degraded and cannot support current or future data technology needs of the City. In addition, the existing cabling cannot support the latest Voice over Internet Protocol (VoIP) telephone systems. The cabling that exists at 17 City sites need to be replaced, upgrading the CAT3 cabling to CAT6 before a new VoIP system can be implemented. The affected City sites include: 1. Civic Center and Police Department 2. Water Quality Administration 3. Water Quality Maintenance 4. Water Quality Operations 5. Incinerator Building 6. Municipal Services Center Building A 7. Municipal Services Center Building B 8. Municipal Services Center Building C June 04, 2012 Page 3 of 4 (ID # 2900) 9. Utilities Control Center 10. Animal Services 11. Lucie Stern Community Center 12. Lucie Stern Children’s Theatre 13. Lucie Stern Community Theatre 14. Junior Museum and Zoo 15. Fire Station 1 16. First Station 2; and 17. Fire Station 5. Therefore, on March 29, 2012, staff circulated an RFP for a Data Cabling services. The following vendors submitted proposals: 1. Veterans Communication Services 2. GA Technical Services 3. Pinnacle Telecommunications 4. Polytron Corporation 5. Cal Coast Telecom 6. DirectLine; and 7. T and D Communications Staff carefully rated each firm's submittal relative to the following criteria:  Quality and Completeness of Proposal  Compliance: Ability to meet requirements  Capacity to Deliver: Team experience, support; and  Cost of the Proposal Staff recommends thatCal Coast Telecom receive an award of award of contract on account of its capacity to deliver, its ability to meet the contract requirements, and the total cost. Resource Impact Funding for this project is available through CIP TE-00010. Attachments:  00710032 AGMT Radonich Corp Signed (PDF) June 04, 2012 Page 4 of 4 (ID # 2900) Prepared By: Ron Fong, Manager, IT Department Head: Jonathan Reichental, Chief Information Officer City Manager Approval: ____________________________________ James Keene, City Manager City of Palo Alto (ID # 2886) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 3 (ID # 2886) Summary Title: Appointment of PABAC Representative to VTA BPAC Title: Appointment of Paul Goldstein as the Palo Alto Bicycle Advisory Committee Representative to the Valley Transportation Authority's Bicycle and Pedestrian Advisory Committee From: City Manager Lead Department: Planning and Community Environment Recommendation Approve the appointment of Paul Goldstein as the City of Palo Alto’s representative on the Valley Transportation Authority’s (VTA) Bicycle and Pedestrian Advisory Committee (BPAC). Executive Summary Over the past eight years, Richard Swent has represented the City of Palo Alto on the VTA’s BPAC. Richard Swent will be stepping down as the City’s representative and Paul Goldstein is being recommended by the Palo Alto Bicycle Advisory Committee (PABAC) as his replacement. Paul Goldstein has served as a member of PABAC for 16 years and currently serves as an ex-officio member to the County BPAC through the Silicon Valley Bicycle Coalition. Background The VTA BPAC is responsible for advising the VTA Board and Staff on bicycle and pedestrian issues. Each member agency provides representation, and Richard Swent has represented the City of Palo Alto for the past eight years. Discussion The VTA BPAC committee members typicallly are representatives from each of the member agency’s bicycle advisory committees. The representatives responsibilities include attending the County BPAC meetings and reporting at the June 04, 2012 Page 2 of 3 (ID # 2886) subsequent PABAC meetings.. The County BPAC is an advisory committee to the Santa Clara County Board of Directors. The duties of the County BPAC include: Review and provide comments to Congestion Management Program staff regarding plans and designs for an effective countywide bikeway system, updates of the Countywide Bicycle Plan and Countywide Bicycle Map, Countywide Bicycle Expenditure Plan, and bicycle-related issues affecting the transit system. Coordinate with bicycle and pedestrian advisory committees of other agencies on multi-jurisdictional bicycle and pedestrian issues. Coordinate work and meet as needed with the County Trails Committee. Make recommendations to the Board of Directors regarding the Countywide annual priority list of bicycle and pedestrian projects for the TDA Article 3 program. Serve as the countywide bicycle and pedestrian advisory committee for the County of Santa Clara. The term of membership of each Committee member is two fiscal years, commencing on July 1 of even-numbered years and ending on the second successive June 30. Members may be appointed to successive terms. Timeline The appointment of Paul Goldstein would be effective July 1, 2012 through June 30, 2014. Resource Impact This is a volunteer position; there is no fiscal impact to the City. Policy Implications The participation in the VTA’s BPAC is consistent with the most current Comprehensive Plan, the 2003 Bicycle Transportation Plan, and the Draft Bicycle and Pedestrian Transportation Plan. The Plan specifically implements Palo Alto Comprehensive Plan Goals: June 04, 2012 Page 3 of 3 (ID # 2886) T-1, Less Reliance on Single Occupant Vehicles; T-3, Facilities, Services and Programs that Encourage and Promote Walking and Bicycling. T-9, An influential Role in Shaping and Implementing Regional Transportation Decisions Palo Alto Comprehensive Plan Policies: T-3, Support the development and expansion of comprehensive, effective programs to reduce auto use at both local and regional levels; T-18, Support the development of the Santa Clara County countywide Bicycle System and other regional bicycle plans. Attachments: Attachment A: Bicycle and Pedestrian Advisory Committee Representative Draft Appointment Letter (DOC) Prepared By: Rafael Rius, Traffic Engineer Department Head: Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager June 4, 2012 Office of the Board Secretary Santa Clara Valley Transportation Authority 3331 North First Street, Building B-1st Floor San Jose, CA 95134-1927 To Valley Transportation Authority Bicycle and Pedestrian Advisory Committee: This letter is to confirm the appointment of Mr. Paul Goldstein as the representative for the City of Palo Alto to the Valley Transportation Authority’s Bicycle and Pedestrian Advisory Committee (BPAC). The appointee will serve a two-year term beginning July 1, 2012, and will have the option for re-appointment by the City’s Palo Alto Bicycle Advisory Committee (PABAC) on a bi-annual basis or by selecting a new member from its ranks. Mr. Paul Goldstein has been a member of PABAC since 1996, and is a past Chairperson and Vice Chair of the Committee. Mr. Goldstein has participated in the BPAC as a representative for the Silicon Valley Bicycle Coalition since 2010, and is currently chairperson of the committee. Sincerely, Yiaway Yeh MAYOR City of Palo Alto City of Palo Alto (ID # 2818) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 3 (ID # 2818) Summary Title: Rail Corridor Study Contract Amendment Title: Approval of a Contract Amendment with BMS Design Group Contract (C11138343) to Extend the Term and Add $25,000 for a Total Not to Exceed Amount of $225,000 for the Palo Alto Rail Corridor Study From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council approve and authorize the City Manager to execute the attached amendment to contract C11138343, with BMS Design Group, to extend the contract term and to add $25,000 in compensation for additional tasks necessary to complete Palo Alto’s Rail Corridor Study, for a total contract not to exceed amount of $225,000. Executive Summary On February 14, 2011, the City Council authorized the City Manager to execute a contract with BMS Design Group to prepare the Rail Corridor Study for $200,000. The authorization for the contract was issued following the approval by Council for the draft scope of work for the Palo Alto Rail Corridor Study. BMS Design Group was chosen following the issuance of a Request for Proposal (RFP) to six planning and urban design consultants to prepare the study. During the preparation of the report, due to the volume of comments and increase in number of meetings, the term of the existing contract was extended by the City Manager in accordance with Palo Alto Municipal Code Chapter 2.30.290(b). Subsequently, it was determined that the budget would need to be amended to allow for the additional work necessary to adequately address all issues and for extended public outreach. Staff expects the final study to be reviewed by Council in late June or July of 2012. Background The City Council initiated the Palo Alto Rail Corridor Study, including the formation of a citizen Task Force, to evaluate land use, transportation and urban design elements of the rail corridor, particularly in response to proposed improvements to fixed rail services along tracks in Palo Alto. Although the High Speed Rail project provides important context for the study, it is not intended to be the study focus. June 04, 2012 Page 2 of 3 (ID # 2818) The Council authorized the contract with BMS Design Group on February 14, 2011, for a total amount of $200,000. The project was proposed to be completed in three phases, which included multiple meetings, in approximately 12 months. The project is currently in its third and final phase, the preparation and finalization of the formal report. The proposed amendment would extend the contract to August 14, 2012 to accommodate the additional work that has been since determined to be required. Discussion The scope of the contract is for the preparation of a Rail Corridor Study. The study is proposed to be completed no later than August 14, 2012 (final review by Council is currently scheduled for late June). Additional funding of $25,000 is requested due to the additional time and resources required for the preparation of additional drafts of the study to effectively respond to comments from the public and the City’s various Boards, Commissions and Council. As the project has progressed, additional meetings that were not in the original scope were added, such as a meeting with the Palo Alto Bicycle Advisory Committee and the City-School Traffic Safety Committee. A total of 15 Task Force meetings have been conducted (as compared to an initial estimate of 11 meetings). The need to hold meetings with the various groups and community and to adequately study the issues, including changes to the High-Speed Rail project, has extended the timing of the project beyond the anticipated 12 months originally scoped. A copy of the additional scope needed for the project is included as Attachment B. Staff believes the additional time has been necessary to prepare an effective Study that adequately addresses the City’s needs and to meet the City Council’s direction to generate a community vision for land use, transportation, and urban design opportunities along the rail corridor. Resource Impact Funding for the budget increase of $25,000 is being provided from unused contract services funds from the department budget of Planning and Community Environment for the 2011-2012 fiscal year. The original $200,000 budget was allocated by the City Council when the Study was initiated. The initial $100,000 was budgeted during the 2010-2011 fiscal year and the remaining $100,000 was budgeted for the project in the 2011-2012 fiscal year. Policy Implications The Study will rely on the City’s Comprehensive Plan and other land use and transportation policies to guide the effort for the corridor, and key elements of the Study will factor into the update of the Comprehensive Plan. Environmental Review June 04, 2012 Page 3 of 3 (ID # 2818) Approving a change order for the contract for the study is not considered a project requiring environmental review per the California Environmental Quality Act. Environmental review for the Rail Corridor Plan will be completed as part of the Comprehensive Plan Environmental Impact Report. Attachments: Attachment A: Contract Amendment (PDF) Attachment B: Revised Scope of Services (PDF) Attachment C - Original Scope of Services (PDF) Prepared By: Elena Lee, Senior Planner Department Head: Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager AMENDMENT NO.1 TO CONTRACT NO. C11138343 BETWEEN THE CITY OF PALO ALTO AND BMS DESIGN GROUP This Amendment No. I to Contract No. C11138343 ("Contract") is entered into May ,2012, by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and BMS DESIGN GROUP, a partnership located at 414 Jackson Street, Suite 404, San Francisco, CA 94111 ("CONTRACTOR"). RECIT A L S: WHEREAS, the Contract was entered into between the parties for the provision of a Palo Alto Rail Corridor Study to evaluate land use, transportation, and urban design elements of the rail corridor area; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the patties agree: SECTION I. Section 2 is hereby amended to read as follows: . , " " "SECTION 2. TERM. ',. The term of this Agreement shall be from the date of its full execution through August 14, 2012, or completion of Study, whichever occurs first, unless tClminated earlier pursuant to Section 19 of this Agreement. " SECTION 2. Section 4 is hereby amended to read as follows: " . SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance oflhe Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Twenty Five Thousand Dollars ($225,000.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Two Hundred Twenty Five Tbousand Dollars ($225,000.00). The applicable rates and schedule of payment are set out in Exhibit "C-I ", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Ex bib it "C". CONSULTANT shall not receive any compensation for Additional Services perfolmed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A"." 1 120507 sm 010 SECTION 3. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit "A" entitled "Scope of Services". b. Exhibit "c" entitled "Compensation". SECTION 4. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED: City Manager APPROVED AS TO FORM: Senior Asst. City Attorney Date: Attachments: EXHIBIT "A": EXHIBIT "C": 120507smOlO SCOPE OF SERVICES COMPENSATION BMS DESIGN GROUP BY~V Name:t$-~ll4::!~~ Title: ~~~~ __ _ 2 1. SCOPE OF SERVICES EXHIBIT "A" SCOPE OF SERVICES PHASE 1: CONTEXT AND VISION (4 months) Task 1.1 PI'ojoel Initiation The BMS Design Group team will meet with staff to finalize lhe work program, schedule and project budget. The work program will be used throughout the process to monitor progress; work products will be clearly defined. At Ihis time the team will submit requests for data of varying types. At this time schedules and procedUl'es for project communications will be identified. A preliminary schedule of High Speed Rail Committee, Planning and Transportation Commission and City Council meetings will be set. Task 1.2 Review Background llbterilds City Staff will provide GIS and Autocad data and mapping, reports, analyses and other data for relevant studies, eity documents, and other materials including in progress plans. The BMS team will utilize the city's data to prepare base maps suitable for analysis and plan preparation. The team will undertake a thorough revicw of site conditions, relevant documents and plans including documents relevant to corridor transportation and, in particular, documents produced by the HSR Authority related to alignment options and sllltion information. Utilizing materials provided by the city, including policy and regulatory plans and ordinances, planned or proposed project information, site and aerial photos, and work by other consultants, the BMS team will assemble and review materials in preparation for subsequent tasks. The team will create a preliminary list of issues to be discussed with the Task Foree and community. The BMS team and city staff will conduct a site tour of the project area. Task 1.3 Task Force Meeting 1 The preliminary Task Fore<) meeting will serve to introduce the project work program and schedule. BMS Design Group will litcHitate a discussion of goals fur the proje"i and issues that the Task Force considers essential to the outcome of the project. Task 1.4 Stakeholder Interviews The BMS team will conduct a limited number of individual or small group stakeholder interviews. These will provide key stakeholders with an opportunity to discuss issues of particular concern direetly with the team. These meetings, if needed, will be conducted on the same days as other standing meetings such as Task Foree. Task 1.5 Community Meeting I I Issues Charrette The BMS team will conduct the first project community meeting. The agenda for the meeting will include a review of the work program and schedule, as well as an update by city slllff on any related HSR or city planning information. The BMS team will facilitate a discussion and prioritization of issues of concern to the community. These will become elements in the ultimate evaluation of project concepts and alternatives. Task 1.6 Urban Design and Land Use Analysis -Issues and Opportunities Professiolllll Services Rev June 2, 20 to S;\ASD\PURCf{\SOUClTATIONS\CURRENT BUYER-eM FOLDERS\OTI-JERS -ADRIAN\Contraet Amendmoots\Cll138343 BMS Design Group\Cl t t 38343 -Exhibit A For Amend NQ t Rev 050720 12_doc Prepare Urban Design and Land Use Analysis The BMS team will coll .. t a range of information regarding the existing nature of the study area and its short and long term opportunities. Information to be eompiled and eonsidered will include: Existing land use patterns Existing facilities, including public and community uses such as schools, parks, community facilities, etc. • Neighbnrhood/district context ... neighbnring uses and districts, areas of influenee • Community scale and character • Arehitectund and landscape chamcter • Distinguishing features such as landmarks, entries and edges Relationship of facilities and uses to major and minor rights of way and circulation fmmework Opportunity sites Parcel eonfigurations Parcel ownership Proximity to transit facilities Provide MarketNBased Inputs to Issues and Coneepts Making use of existing data and studies as much as possible, EPS will conduct a high-level market review to assess potential development opportunities in the study area. Utilizing area demographic and employment trends, development patterns, eompetitive supply, and project performanee, EPS will characterize the market SUppOlt for various types of development along the Con·idoe. The results ofEPS's market review will be incOl'porated as the land use alternatives are developed. EPS will work with the rest of the consultant team to .hape the land use alternatives by attending the task force meeting described in Task 1.7 to provide perspective on 'the implications of each alternative in terms of its capitalization on market oppoliunities, its projected buildout timeframe, and the comparative value being created for property owners. Prelimjnary Identification oflwplementatiou Constraints The BMS Team will work with City staff, rail agency representatives, and other important stakeholders to understand the potential parameters of each party's participation in the implementation ofthe Corridor plan. Issues to discuss will include the entities' legal and administrative obligations and eon.traints, the amount of and competition for fmancia1 resoureesJ etc. For example, do changes to existing regulations or programs require popular elections? What funding sources are available and how much have been pledged to other projects or programs? Do the by~laws of various entities' fomlation prevent or require certain actions? This review will help to ensure that the parties involved and the community-at-large understand the "ground rules" for evaluating the viability of alternative pJanning eoncepts. Task 1.7 Task Force Mooting 2 The second Task Foree meeting will roeus on reviewing and discussing the urhan design and land use analysis. The meeting will he facilitated by BMS to ensure Ihat Ihe Task Foree can review and comment on all the various element of analysis that are prcsenled. The focus will be on confinning the team's analysis and identilYing key issues and opportunities. Task 1.8 Transportation and Circulalion Framework Aualysis -Issues and Opportunities Kimley Horn will summarize and describe key lransportation perameters assoelated with Ihe HSR alignment options and stalion location including polential impacts, obslructions to connectivity, multi-modal access, infrastructure requirements, and costs. KHA will also summarize transportation-related issues as identified in the analysis, 'and as 2 Professional Services Rev June 2,2010 S:\ASDIPURCHlSOLlcnWI10NS\CURRENT BUYER·CM FOLDERS\OTIlERS -ADRIANlContract Ameoomenl,\C III 38343 BMS Design Group\C1I t31B43· Exhibit A For Amtmd Nol Rev 05072012.doc , discussed by staff, city leadel~, the Task Force and community. Working with the BMS team, KHA will discuss land use, urban design and transpOltation opportunities associated with the study area and future infrastructure improvements. KHA will provide a comparative assessment of existing and future constraints to the integration ofHSR into the Rail Corridor and the constraints created by implementation ofthe HSR. KHA will also summarize the transportation- related oPPOltunities for expediting the integration ofHSR as well as the potential for transit-oriented development. Task 1.9 Task Fore. Meeting 3 The third Task Force meeting will focus on reviewing and discussing the transportation and circulation analysis. The meeting will be facilitated by BMS to ensure that the Task Force can review and comment on all the various element of analysis that are presented. The focus will be on confirming tbe team's analysis and identHying key issues and opportunities. Task 1.10 Community Meeting 21 Vision Charrett. The second community meeting will be a longer meeting to allow a full discussion of the issues and opportunities associated with urban design, land use, transportation and circulation elements. As part of the meeting, the BMS team will facilitate a small group brainstorming of initial visions for the project area, incorporating the opportunities identified by the analysis as well as others that community members will bring to the discussion. Task 1.11 Task Force Meeting 4 This Task Force meeting will review the work to date, including the results oftbe community meeting. Discussion will focus on confirming issues, oPPol1unities and visions for the area, Task 1.11 Summary of Context and Preliminary Vision for Corridor The BMS team will prepare a brief summary oflbe work to date compiling materials prepared for and developed at the various meetings. The materials in this summary will be presented so as to lead directly into and furm Ibe basis for the analysis and tasks of Phase 2, especially the definition of alternatives. Meelings (maximum); TaskForce: 4 Goals and Issues Urban Design and Land Use Transportation and Circulation Analysis Summmy of Conlexl and Vision High Speed Rail Committee -I Planning and Transportation Commission Progress Reports and Hearings ~ 2 City Council Progress Reports and Hearings .. · I Community: 2 • Issues Charrette • Vision Charrelte Deliverables: Summwy of Conl£xt and Vision Goals, Policies and Vision Slatements • Issues and Opportunities 1 Professiunal Services Rev June 2,20 (0 S:\ASD\PURCmsOLICITATIONS\CURRENT BUYER~CM FOLDERS\OTHERS -ADRIAN\Contract AmendlOents\C [1138343 BMS Design Group\c11138343 ~ Exhibit A For Amend Nol Rev 050720t2.doc PHASE TWO: ALTERNATIVES AND ANALYSIS (5 months) Task!.l Urban Design, Land Use, and Transportation Concepts The BMS team will prepare urban design, land use and transportation concepts for the study corridor, These concepts will be integrated and coordinated with the transportation coneepts, building upon one or several alternative urban design framework of streets and pathways, and parcels. The concepts will identify the creation of neighborhoods or districts within the corridor as well as the manner in which areas of the corridor may be better integrated into and connected with adjoining neighborhoods and districts. The concepts will explore the most relevant and feasible land uses and densities and opportunities fur transit-oriented development. The concepts will be configured to illustrate a range of options that will lead to configuring alternatives combining urban design, land use and circulation clements. Task 2.2 Task Force Meetings 5 and 6 This Task Foree meeting will be organized to allow a thorough review of the urban design, land use and transportation and circulation concepts. From the range of concepts presented, the Task Force and consultant team will identify preferred concepts that will be integrated into the plan alternatives. Task 2.3 Community Meeting 31 ConcepI Review Workshop The community meeting will be conducted as small group work sessions, with facilitated discussion of the urban design, land use, cireutation and transportation concepts. The discussions will be summarized with priorities among the range of concepts identified by the community. Voting for preferences and priorities may be one teehnique used to discern public preferences. Task 2.4 Preliminary Urban Design, Land Use and T''Rnsportation Alternatives Based on the feedback from the Task Force meeting and the community meeting, the team will prepare up to three plan alternatives. These will be configured to refleet three realistic alternatives that resolve issucs and match community priorities and concerns. A variety of graphic materials and media will be used to depict the alternatives including plans, sketches, sections, photosimulations, and 3D models. Task 2.5 Task Force Meeting 7 The Task Force meeting will be the opportunity for members to review and propose modifications to the preliminary alternatives. Issues. fUliher analysis, and additional concepts will also be discussed. Task 2.6 Refille Alternatlves and P"eliminary Evaluation Based on the Task Force meeting, the BMS team will refine the alternatives. AI this time, working with city staff and select stakeholders, the BMS team will identify potential environmental impacts associated with the alternatives. These will focus on impacts to historic resources, visual and noise impaets. An overview of possible traffic impaets will be discussed but detailed analysis will not be conducted at this time. Task 2,7 Task Force Meeting 8 At this Task Force meeting, the BMS team will present the refined alternatives and provide information relevant to evaluating the alternatives, such as cost, phasing, feasibility of development options, and regulatory or policy hurdles. The team will faemiate a discussion with the Task Foree to gain their insights into further evaluation of the plans. Task 2.8 Community Meeting 41 Alternatives Review Workshop 4 Professional Services Rev June2,20l0 S:IASDIPURCH\sOLlCITATtONSICURRENT BUYER.cM FOLDERSIOTHPll.S" ADRIANIContract AmeoomentslCII138J4J BMS Design Oroup\Cl ! 138343 -Exhibit A For Amend Nol Rev 050n012.doc The final community meeting of this phase will include a review of the alternatives, as modified by input from the Task Force as well as by the High Speed Rail Committee, Planning and Transportation Commission, and City Council. The facilitated discussions will focus on evaluation of the alternatives and any proposed modifications. Task 2.9 Summary of Alternatives and Evaluation A brief summary of the work of Phase 2, focusing on the alternatives, will be prepared. It will include discussion of the alternatives as well as their evaluation, including eomments and input from the Task Force, community, and city policy-makers. Meetings (maximum): Task Force: 4 • Review Concepts Review Preliminary Alternatives • Review Alternatives and Evaluations High Speed Rail Committee -I Planning and Transportation Commission Progress Reports and Hearings 2 City Council Progress Reports and Hearings -I Community: 2 Concept Review Workshop Alternatives Review Workshop Deliverables: Summary of Concepts, Alternatives and Evaluations PHASE THREE: PLAN PREPARATION (3 months) Task 3.1 T ... k Force Meeting 9 • Cliarrette: Identify Preliminary Preferred Plan(s) Based on input from Phase 2, the BMS team will conduct a charrette with city staff and the Task Foroe. The purpose of the eharrette will be to work intensively through the various alternatives identified and to determine those element. that most align with the issues and concerns of the community and tbet will provide the most beneficial framework for the future of this area of Palo Alto. Ifneeded, options may remain on some components to provide flexibility or to illustrate certain policy decisions that will need to be made. Task 3.2 Refine Preferred Plan(s) The BMS tearn will refine the plans identified in the Task Force eharrette, clarifying and outstanding issues and providing a range of illustrations such as 3D modeling, photosimulations and other hand-and computer-generated drawings that will illustrate the plan eoncepts. Task 3,3 Community Meeting 51 Preferred Plan(s) Workshop The BMS team will facilitate a community meeting with the intent of reviewing, clarifying if needed, and confirming the preferred plans for the corridor as well as any remaining options far elements or partieular issues. The meeting will be conducted with a combination of presentation, small group diseussions and attendee input via voting, comments or other means, Task 3.4 Identify Preliminary Implementation Issues and Strategies The BMS Team will identify the variety of regulatory ehanges, physical improvements, and programmatic approaches required to implement the preferred plan. Where investments in new public infrastructure are required, 5 Professional Services Rev June 2, 2010 S;\ASDIPURCHISOLlCITATIONSICURRllNT IlUYER-CM FOLDERS\OlliERS -ADRIANlContmct Amcndmcnts\Cll 138343 BMS Design GrQup\Cll 138343 • Exhibit A For Amend NQI Rev 05072012.duc the BMS Team will work with city staffto estimate the costs of those improvements, Then, EPS will help to frame a financing strategy for those improvements by exploring the availability of existing funding sources as well as the potential capacity for new development to contribute to infrastructure costs through various means. In addition to state, federal, and rail agency funding, EPS will consider locally implemented funding sources such as Community Faellities Districts. development impact rees, tax increment, the City's CIP, public private partnerships, transferable development rights, etc. While not resulting in specific cost burdens and financing mechanisms assigned to specific properties, this analysis will indicate whether the study area appears capable of earrying the burden for the new infrastructure, or if altemative funding sourees are likely to be required, Also, it will be important to create a conceptual implementation schedule that aligns the phasing of improvements with the availability of funding from various sources. The implementation strategy will also account fur the responsibilities allocated to various patties and stakeholders, including the City of Palo Alto and local property owners and developers in addition to the rail agencies and other levels of government. The team will also identify potential environmental issues associated with plan implementation. Task 3.5 Task Foree Meeting 10 The Task Foree will meet to review implementation issues and strategies identified by the BMS Design Group team. Task 3.1i Draft Rail Corrido,' Plan Based on input from all preceding tasks and from the summaries prepared at the conclusions of phases I and 2, the BMS tcam will prepare a draft corridor plan. It is expected that this plan will be a compilation of materials already prepared with additional commentary and illustrations as needed, The plan will be configured to correlate with other city policy documents to allow ready inclusion by staff. The draft plan will be provided to eity staff for a preliminary review. Following receipt of any major comments. the team will provide a revised plan for distribution to the Task Force. T.sk3.7 T.sk Force Meeting II The team will meet with the Task Force to receive comments on the draft plan, Following review by the Task Force and staff, the team will finalize the plan for presentation and distribution to city decision-makers, Task 3.8 Community Meeling Ii I Open Hous. A community meeting will be held to review the Rail Corridor Plan, This community meeting will be held in an open house format, allowing the community to review and comment all elements of the plan, Task 3.9 Final Rail Corridor Plan Following presentations to the High Speed Rail Committee, the Planning and Transportation Commission, and City Council, the BMS Design Group team will finalize the Rail Corridor Plan, Meellngs (maximum): Task Force: 3 Pre/erred Plan Charrelte implemenlation Issues and Strategies Draft Plan Review High Speed Rail Comm/Uee -I Planning and Transportation Commission Progress Reports and Hearings -2 6 prorcssiorml Services Rev June 2, 1010 S,\ASD\PtJRClfiSOLICITATlONSICURRENT BUYER·CM FOLDERSIOTHERS • ADRlAN\Contme' AmendmentsICl I 138343 BMS Design Groop\Cll138343 M Exhibit A For Amend Nol Rev 05072012.doc CUy Council Progress Repol'ls and Hearings -1 Community; 2 PI'~fel'/'ed Plan Workshop Draft Plan Open House Deliverables: Drqft and Final Rail Corridor Plan 7 Professional Services Rev June 2, 2010 S:IASDIPURCHISOLICITATIONS\CURRENT BUYER-CM FOLDERSIOTllERS -ADRIANIConlract Am.ndm.n~\CllI38343 BMS Design Group\CI1138343 -Exhibit A For Amend Nol Rev 05072012.doc Rull Corridor Study Task Modifications As of 4125112 Task 3.6 Task Force Meeting 11 (complete) The team will meet with the Task Force to discuss the findings of the slte tour and review preliminary concepts, Task 3.7 Draft Rull Corridor Plan (complete) Based on input from all preceding tasks and from the summaries prepared at the conclusions of phases I and 2, the BMS team will prepare a draft corridor plan, It is expected that this plan will be a compilation of materials already prepared with additional commentary and illustrations as needed, The plan will be configured to correlate with other city policy documents to allow ready inciusion by staff, The draft plan will be provided to city staff for a preliminary review, Following receipt of any major comments, the team will provide a revised plan for distrihution to the Task Force, Task 3.8 Task Force Meeting 12 (complete) The team will meet with the Task Foree to receive comments on the draft pial!. Following review by the Task Force and staff, the team will finalize the plan for presentation and distribution to city decision·makers, Ta.k3.9 Task Force Meeting 13 (complete) Second meeting to review comments on the draft plan. Task 3.10 Second Dr.ft Corridor Plnn (complete) Revisions to the draft document based on comments from staff and the Task Force, Task 3.11 Task Force Meeting 14 (complete) Third meeting to review comments on the draft plan, Ta,k3.12 Third Draft Corridor Plnn (complete) Revisions to the draft document based on comments from staff and the Task Force, Task 3.13 City-School Traffic Safety Committee Meeling (complete) Meeting to review plan recommendations with these city groups, Task 3.14 Rail Committee Meeting (complete) Meeting to review the draft plan and recommendations with the Rail Committee of the City CouneiL Tnsk3.15 Planning and Transportation Commission Meeting (complete) Meeting to review the draft plan and recommendations with the Planning and Transportation Commission, Task 3.16 Architectural Review Board (complete) Meeting to review the draft plan and reeommendations with Ihe Architectural Review Board s Professionru Services Rev June 2, 20 I 0 S.\ASD\PURCH\sOLlCl'rATIONS\CURRENT BUYER-CM FOLDllRSI01'l1ERS -ADRlANlCo,II",,, Am,ndmentsICll138343 BMS Design Gmup\Cllt38343· Exhibit AFQr Amend Not Rev 050720t2.doo • • Task 3.17 Community Meeting (complete) Meeting to review the plan elements with the eommunity in a presentation and open house fonnat, with opportunities for the community to provide comments and recommendations. Task3.IS Rail Committee Meeting Final presentation to the Rail Committee for comments. Ta.k3.19 Task )<·or.e Meeting 15 Final meeting with the Task Force to review all comments received from committees and commissions to date and to determine final plan recommendations and any remaining changes to be made to the draft document. Task 3.20 Finnl Draft PIAn Based on comments from the Task Foree, a final draft plan will be repaired for submission to the PTC and City Council for hearings. Task 3.21 Architectural Review Board Presentation of the final draft plan. TASk 3.22 PTCHearing Presentation of the final draft plan. TAsk 3.23 City Council Hearing Presentation of thc final draft plan. 9 Professional Services Rev JUllcl,20l0 S:\ASDIPURCH\SOLICITATIONS\CURRENT BUYER·eM FOLDERSIOTHERS· ADRlAN\Contracj Amcndmcnts\Ct t 138343 BM'Design Group\c11138343. Exhibit A For AmendNol Rev 050720l2.doc EXHIBIT "c" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and completed to the reasonable satisfaction of the CITY, as described in Exhibit A, Scope of Services, a not-to-exceed price for professional services of Twenty Fivc Thousand Dollars ($25,000.00). Compensation will be paid for services provided as outlined below and as detailed in Exhibit C-2, Project Budget and Schedule Summary, based on the Hourly Rates provided in Exhibit C-I, Schedule of Rates. Task 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 TOTAL 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 TOTAL ONE· CONTEXT AND PHASE THREE - 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 I Cost $ 800 $ 7,598 $ 1,300 $ 0.00 $ 3,200 $ 18,420 $ 1.300 $ 7,444 $ 2,300 $ 3,200 $ 2,300 $ 2,600 53,110 $ 3.200 $ 12,000 $ 3,200 $ 18,060 $ 3,450 $ 2,300 $ 15,856 $ 2,000 $ 2,000 $ 4,000 $ 2,000 $ 4,000 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 5,168 $ 1,500 Rev June 2, 2010 S:IASDIPURCHISOLICITA110NSICURRENT BUYER·eM FOLDERS\OTIIERS· ADRIANlConJmcl AmendmenlslClllJ8343 BMS Design GwupIClll38J43 ExhibitC For Amend 1 Rev 05072012. docx ,. · , 3,19 3,20 3,21 3,22 3,23 TOTAL Contingency TOTAL PROJECT $ 2,300 $ 3,820 $ 1,000 $ 1,000 $ 1,252 $ 94,106 $ 2,020 I $225,000,00 CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. Any work perfonned or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be arno cost to the CITY. REIMBURSABLE EXPENSES Reimbursables shall include, but are not limited to, the cost of copying plans, outreach materials, postage, signage or other items not included herein. Travel, computel' and phone charges shall be considered as included in the CONSULTANT overhead costs. Any needed office spaces or related supplies shall be provided by CONSULTANT and shall be considered to be included in the Scope of Services above. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement 2 Professional Services Rev June 2. 20 to S,\ASDlPURCHISOLICITATlONSICURRENTBUYER-CM FOLDERSIOTHERS ADRIAN\Contract AmendmentslCII138343 EMS !Jesisn GwuplCltl3S343 ExhibitC For Amend 1 Rev 05072012.docx " . ... I I I I I I I I I I I Rail Corridor Study Task Modifications As of 4/25/12 Task 3.6 Draft Rail Corridor Plan (complete) Based on input from all preceding tasks and from the summaries prepared at the conclusions of phases I and 2, the BMS team will prepare a draft corridor plan. It is expeeted that this plan will be a compilation of materials already prepared with additional commentary and illustrations as needed. The plan will be configured to correlate with other city policy documents to allow ready inclusion by stafl. The draft plan will be provided to city staff for a preliminary review. Following receipt of any major comments, the team will provide a revised plan for distribution to the Task Force. Task 3.7 Task Force Meeting 12 (complete) The team will meet with the Task Force to receive comments on the draft plan. Following review by the Task Force and staff, the team will finalize the plan for presentation and distribution to city decision-makers. Task 3.8 Task Force Meeting I3 (complete) Second meeting to review comments on the draft plan. Task 3.9 Second Draft Corridor Plan (complete) Revisions to the draft document based on comments from staff and the Task Force. Task 3.10 Task Force Meeting 14 (complete) Third meeting to review comments on the draft plan. Task 3.11 Third Draft Corridor Plan (complete) Revisions to the draft document based on comments from staff and the Task Force, Task 3.12 City-School Traffic Safety Committee Meeting (complete) Meeting to review plan recommendations with these city groups. Task 3.13 Rail Committee Meeting (complete) Meeting to review the draft plan and recommendations with the Rail Committee of the City Council, Task 3.14 Planning and Transportation Commission Meeting (complete) Meeting to review the draft plan and recommendations with the Planning and Transportation Commission. Task 3.15 Architectnral Review Board (complete) Meeting to review the draft plan and recommendations with the Architectural Review Board Task 3.16 Community Meeting (complete) Meeting to review the plan elements with the community in a presentation and open house format, with opportunities for the community to provide comments and recommendations. Task 3.17 Rail Committee Meeting Final presentation to the Rail Committee for comments. Task 3.18 Task Force Meeting 15 Final meeting with the Task Force to review all comments received from committees and commissions to date and to determine final plan recommendations and any remaining changes to be made to the draft document. Task 3.19 Final Draft Plan Based on comments from the TaskForce, a final draft plan will be repaired for submission to the PTC and City Council for hearings. Task 3,20 Architectural Review Board Presentation of the final draft plan. Task 3.21 PTCHearing Presentation of the final draft plan. Task 3.22 City Council Hearing Presentation of the final draft plan. 1. SCOPE OF SERVICES EXHIBIT "A" SCOPE OF SERVICES PHASE 1: CONTEXT AND VISION (4 months) Task 1.1 Project IDitlation The BM$,Design (Jroup team will meerwith staff to finalize the work program, schedule and project budget, The WIlrk program will be used throughout the process to monitor progress; work products will be cleady defined, At tbis time the team wlll submit requesSS for data of varying types. 'c" .,. At this time schedules and prooedures for project communications will be identified. A preliminary scbedule of High Speed Rail Committee, Planning and Transportation Commission and City Council meetings will be set. Task 1.2 Rllvlew Background Materials City Staff will provide GIS and Autocad data and mapping, reports, analyses and other data for relevant stadifll, city documents, and other materials including in progress plans. The BMS team will utilize the city's data to prepare base maps suitable for analysis and plan preparation, The team will undertake a thorough review of site conditions, relevant documents and plans including documents relevant to corridor trlll!SPortstion and, in particular, document, produced by the HSR Authority related to alignment options and station informatiolL Utilizing I1lltterials provided by the city, including policy sod regulatory plans and ordinances, planned or proposed project information, site and aerial pbotos, lind work by other cODS4ltants, the BMS team will assemble and review materials in preparation for subsequent tasks. The team will create a preliminary list of issues to be discussed with the Ta~k Force and community. The BMS team and city staff will conduct a site tour of tbe project area. Task 1.3 Task Force Meeting 1 The preliminary Task Force m~ting will serve to introduce the project work program sod schedule. BMS Design Group will facilitate a discussion of goals for the project and issues that the Task Force comiders essential to the outcome of the project. Task 1.4 Stakeholder Interviews The BMS team will conduct a limited number of individual or aman group stakeholder interviews. These will provide key stakeholders with an opportunity to discuss issues of partipular concern directly with the team. These meetings, if needed, will be conducted on the '!'Ime days as other standing meetings such as Task Force. Task 1.5 Community Meeting 11 Issues Charrette The BMS team will conduct the first project community meeting. The agenda for the meeting will include a review oflhe wOlkprogram and scbedule, as well as an update by city staff on any related HSR or city planning 10 Professional Servkts Rev June Z. 2010 C:\Docurnents and Settingslmaloney\Loca\ Se!lIngs\'J'emporary In!eme! Files10LK18BICo_ct Clll38343 • BMS De3ign Group Final Cmttractdoc information. The BMS team will facilitate a discussion and prioritization of issues of concern to the community. These will become elements in the ultimate evaluation of project concepts and alternatives. Task 1.6 Urban Design and Land Use Analysis -Iso_ and Opportunities Prepare Ua Design and Land Use Analysis 'The BMS team will collect a range of information regarding the existing nature of the study area and its short and long term opportunities .. Information to be compiled and considered will include: Existing land use patterns Existing facilities, including public and community Uses such as schools, parks, community facilities, etc. Neighborhood/district context -neighboring uses and districts, areas of influence • Community scale and character • ArchiteclUral and landscape character • Distinguishing features sucb as landmarks, entries and edges • Relationship of facilities and uses to major and minor rights of way and circulation framework Opportunity sites Parcel conftgurations Parcel ownership • Proximity to trnnsit facilities Proyide Market~BA§ed Inputs tg Issues and Concepts Making use of existing data and studies as much as possible. BPS will conduct a higb-Ievel market review to .assess potential development opportunities in the study area. Utilizing area demographic and employment trends, development patterns, competitive supply, and project performance. BPS will characterize the market support for various types of development along the Corridor. The results ofEPS's market review will be incorporated as the land use alternatives are developed. BPS will work with the rest of the consultant team to shape the land ase alternatives by attending the task force meeting described in Task 1.7 to provide perspective on rhe implications of each alternative in terms of ils capitalization on market opportunities, its projected buildout timofrarne. and the comparative value being created for property owners. Preliminary Identification of Implementation Coosqaints The BMS Team will work with City staff, rail agency representatives, and other important stakeholders to understand rhe potential parameters of each party's partiCipation in the implementation of the Corridor plan. Issues Ie disc .. s will include the entities' legal and administrative obligations and constraints, the amount of and competition for financial resources, ete. For example, do changes to existing regulations or programs require popular elections? What funding sources are available and how much have been pledged to other projects or programs? Do the by-laws of various entities' formation prevent or require certain actions? This review will help to ensure that the parties involved and the community-at-Iarge understand the "ground f!lles" for evaluating the viability of alternative planning concepts. Task 1.7 Task Force Mooting 1 The second Task Force meeting will focus on reviewing and discussing the urban design and land use analysis. The meeting will be facilitated by BMS to ensure that the Task Force can review and comment on all the various element of analysis that are presented. The focus will be on confirming the team's analysis and identifying key issues and opportunities. 1] Professional Services Rev J ... 2. 2010 C:\Documen" and Selting.slmaloneylLocaJ Settlng,ITempor"l' Internet FUeslOLKI8BIContraCl C11138343 • BMS Design Group Vlllal Conll:act.doc Task 1.8 lransportation and Circulation Framework Analysis Issues and Opportunities Kimley Horn will summarize and describe key transportation parameters associated with the HSR alignment options and station location including potential impacts, obstructions to connectivity, multi-modal access, infrastruC\ure requirements, and costs. KHA will also summarize transportation-related issues a. identified in the analysis, and as discussed by staff, city leaders, the Task Force and community. Working with the BMS team, KHA will discuss land use, urban design and transportation opponunities associated with the study area and future infrastructure improvements. KHA will provide a comparative assessment of existing and fqture constraints to the integration of HSR into the Rail Corridor and the constraints created by implementation of the HSR. KHA will also summarize the transportation- related opportunities for expediting t)le integration of HSR as well as the potential for transit-oriented development. Task 1.9 Task Force Meeting 3, The third Task Force meeting will fucus on reviewing and discussing the transportation and circulation analysis. The meeting will be facililated by BMS to ensure that the Task Force can review and comment on all the various element ofanalysis that are presented, The focus will be on confirming the team's analysis and identifying key issues and opportunities. Task 1.10 Connnunity Meeting 21 VlBlon Chonetie The second community meeting will be a longer meeting to allow a full discussion of the issues and opportunities associated with urban design, land use, transporlation and circulation elements. As part of the meeting. the BMS team will facilitllte a small group brainstorming of initial visions for the project area, incorporating the opponunities identified by the analysis as well as others that community members will bring to the discussion. Task 1.11 Task Force MeetllIg 4 This Task Force meeting will review the work to date, including the results of the community meeting. Discussion will focus on conftmling issues, opportunities and visions for the area. Task 1.12 Summary of Conte1(t and Prellmlnary Vision for Corridor The BMS team will prepare abrief summary of the work to date compiling materials prepared for and developed at the various meetings. The materials in this summary will be presented so as to lead directly into and form the basis for the analysis and IaSks of Phase 2, especially the definition of altemat! ves. MB.lingS (maximum): Task Force: 4 Goals and Issues Urban Design and Land Use Transportation and Circulation Analysis Summary of Context and Vision High Speed Rail Committee -1 Planning and Transportation Commission Progress Reports and Hearings -2 City COUllell Progress Reports and Hemings-1 Community: 2 • Issues Charr.tte Vision Charret!. 12 Professional Services Rev June 2,2J)1O C,lIlocumenlS and Sehill,gs\m.loney\l..ocal Settlngs\Tempo",I)' Internet Files\OLKI8BIConlnlct ClI131l343 -BMS Design Group Fmal Contract doc Deliverables: Summary of Context and Vision • Goals, Policies and Vision Statements • Issues and Opportunities PHASE TWO: ALTERNATIVES AND ANALYSIS (5 months) Task 2.1 Urban Design, Land Use, and Transportation Concepts The BMS team will prepare urban design, land use and transportation concepts for the study corridor. These concepts will be integrated and coordinated with the transportation concepts, building upon one or several alternative urban design framework of streets and pathways, and parcels. The concepts will identify the creation of neighborhoods or districts witbin the con:idor as well as tbe Illllnner in'whicb areas of the corridor may be better integrated into and connected with adjoining neighborhoods and districts. The concepts will explore the most relevant and feasible land uses and densities and opportunities for transit-oriented development. The concepts will be configured to iII'!Strale a range of options that will lead to COnfiguring alternatives combining uman design, land use and circulation elements. ' Task 2.2 Task Force Meetings 5 and Ii This Task Force meeting will be organized to allow a thorough review of the urban design, laod use a!Jd transportation and circulation concepts. From the range of concepts presented, the Task Force and consultant team will identify preferred concepts that will be integrated into the plan altemati yes. Task 2.3 Community Meeting' 31 Concept Review Workshop The community meeting will be conducted as small group work sessions, wit!J facilitated discussion of the urban design, land use, circulation and transportation concepts. The discussions will be swnmarized with priorities amnng the range of concepts identified by the community. Voting for preferences and priorities may be one technique used to discern public preferences, Task 2.4 Preliminary Urban Design, Land Use lind Transportation Alternatives Based on the feedback from the Task Force meeting and the community meeting. the team will prepare up to three plan alternatives. These will be configured to reflect three realistic alternatives that resolve issues and match community priorities and concerns. A variety of grapbic materials and media will be used to depict the alternatives including plans, sketches, sections. Pilotosimulations, and 3D models. Task 2.5 Task Force Meeting 7 The Task Force meeting will be the opportunity for members to review and propose modifications to the preliminary alternatives. Issues, further analysis. and additional concepts will also be discussed. Task 2.6 RelIIIe Alternatl"es and Preliminary Evaluation Based on tbe TaskForce meeting, the BMS tearn will refme the alternatives. At this time, working with city staff and select stakeholders, the BMS team will identify potential environmenlal impacts associated with the alternatives. These will focus on impacts to historic resources, visual and noise impacts. An overview of possible traffic impacts win be discussed but detailed analysis will not be conducted at this time. Ta.k2.7 Task Force MeetingS 13 Professional S_ Rev June 2, WIO C;\Documen .. end Se"ingslmatooey\Loca1 Se"lngslTemporary lnlemel PileslOLKI8BlConrract C11138343 • BMS Oesign Group Fwd Coolfllct.doc At this Task Force meeting, the BMS team will present the refined a.llematives and provide information relevant to evaluating the alternatives, such as cost, phasing, feasibility of development options, and regulatory or policy . hurdles. The learn will facilitate a discussion wilb Ibe Task Foree to gain !heir insights into furlber evaluation of the plans. Task 2.8 Community Meeting 41 Alternative!! Review Workshop The fmal conununity meeting of this phase will include a review of the alternatives, as modified by input from Ibe 'l'.sk Force as well as by the High Speed Rail Committee, Planning and Transportation Commission, and City Council. The facilitated discussions will focus on evaluation of the alternatives and any proposed modifications. Task2.!l Summary of Alternatives and Evaluation A brief SU!l)1llary of the work of Phase 2, focusing on the alternatives, will be prepared. It will include discussion of the alternatives as well as their evaluation, including comments and input from Ihe Task Force, community, and cily policy-makers. Meetings (maximum): Task Porce: 4 • Review Concepts • Review Preliminary AUematives • Review Allernalives and Evaluations High Speed Rail Committee -1 Planning and Transportation Commission Progress Reports and Hearings -2 , City Council Progress Reports and Hearings -1 Community: 2 • Concept Review Workshop • Altemalives Review Workshop D.l/vera"le" Summary of Concepts, Alternatives and EvaluaJions PHASE THREE: PLAN PREPARATION (3 months) Task 3.1 Task Force Meeting 9 • Chanette: IdentIfY Preliminary Preferred Plan(s) Based on input from Phase 2, the BMS team will conduct a charretle with city staff and the Task Force. The purpose of the charrette will be to work inlensi vely through the various alternatives identified and to detemtine those elements that most align with the issues and concerns of the community and Ihat will provide the most beneficial framework for the future of this area of Palo Alto. If needed, options may rernain on some components 10 provide flexibility or to illustrate certain policy decisions that will need to be made. Task 3.2 Refine PreferredPlan(s) The BMS team will refine the plans identified in the Task Force chmetle, clarifying and outstanding issues and providing a range of iIIuskaliollS such as 3D modeling, photosimulatlons and other hand-ana computer-generated drawings that will illustrate !he plan concepls. Task 3.3 CommWlity Meeting S I Preferred Plan(s) Workshop 14 ProfeslliODfil Services Rev June 2, 2010 C:\Documents and Setting.s\mllloney\Local Settings\Temporary Internet FHes\oLK18B\Contract Cl113SJ43 ~ 11M3 Design Group Final Conttactdoc The BMS team will facilitate a corrununity meeting with the intent of reviewing, clarifying if needed, and confirming the preferred plans for the corridor as well .s any remaining options for elements or particular issues. The meeting will be conducted with a combination of presentation, small group discussions and attendee Input via voting, comments or other means. Task 3.4 Identify Preliminary implementation Issue. and Strategies The BMS Team will identify the variety of regulato;y changes, physical improvements, and programmatic approaches required to implement the preferred plan. Where investments in new'public infrastructure are required, the BMS Team will work with city staff to estimate the costs of those improvements. Then, BPS will help to frame a financing strategy for those improvements by exploring the availability of existing funding sources as well as the potential capacity for new development to contribute to infrastructure costs through vou;ious means. In addition to state, federal, and rail agency funding, BPS will consider locally implemented funding sources such as Commutiity Facilities Districts, development impact fees, tax increment, the City's CIP, public private partnerships, transferable development rights, etc. While not resulting in specific cost burdens and financing mechanisms assigned to specific properties, this analysis will indicate whether the study area appears capable of carrying the burden for thMew infrastructure. or if alternative funding sources are likely to be required. Also, it will be important to create a conceptual implementation ochedule that aligns the phasing of improvements with the availability of funding from various sources, The implementation strategy will also accOUIl! for the responsibilities allocated to various parties and stakeholders, including the City of Palo Alto and local property owners and developers in addition to the rail agencies and other levels of government. The team will also identify potential environmental issues associated with plan implementation. Task 3.5 Task Force Meetiug 10 The Task Force will meet to review implementation issues and strategies identified by the BMS Design Group team. Task 3.6 Draft Rail Corridor Plan Based on input from all preceding tasks and from the summaries prepared at the conclusions of phases J and 2, the BMS team will prepare a draft corridor plan. It is expected that this plan will be a compilation of materials already , prepared with additional commentary and illustrations as needed. The plan will be configured to correlate with other city policy documents to allow ready inclusion by staff. TJ:te draft plan will be provided to city staff for a preliminary review. Following receipt of any major comments, the team will provide a revised plan for distribution to the Task Force, Task 3.7 Task Force Meeting 11 The team will meet with the Task Force to receive comments on the draft plan. Following review by the Task Force and staff, the team y(ilI froalize the plan for presentation 'and distribution to city decision-makers. Task 3.8 Community Meeting 6 I Open House A corrununity meeting will be held to review the Rail Corridor Plan. This community meeting will be held in an open house format, allowing the community to review and corrunent all elements of the plan. Task 3.9 Fioal Rail Corridor Plan Fnllowing presentations to the lligh Speed Rail Committee, the Planning and Transportstion Commission, and City Council, the BMS Design Group team will fmalize the Rail Corridor Plan. , ~ . Professional Servites Rev June 2, 2010 C:\D(}cumcnls and Scttingslmaloney\Local SettingslTernporuy lntemctFllei>IOLKI88lCoottactCII138343· BMS Design Group Fin.1 Contractdoc Meeting' (maximum): Task Force: 3 • Preferred Pian Charretle • Implementation Issues lind Strategies • Draft Plan Review High Speed Rail Commillee • 1 Planning and Transportation Commission Progress Reports and Hearings -2 City Council Progress Reports and Hearings-I Community: 2 • Preferred Plan Workshop • Draft Plan.Open House Deliverable.: Draft and Final Rail Corridor Plan 16 Ptofcssimwt Services Rev June 2, 2010 C,\DOCIlll\_ anrl SettinllJllmaloneylLJJcal Se.ingslTempor.lry Internet FllcsIOLKI8B\Cm1b:ac' CII138:l43· 8MS Design Oroup_1 Contra¢t.dQc City of Palo Alto (ID # 2758) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 6 (ID # 2758) Summary Title: Mitchell Park Construction Contract Monthly Report Title: Submittal of Mitchell Park Library and Community Center Monthly Construction Contract Report From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1) Accept this update on the Mitchell Park Library and Community Center (MPL&CC) construction contract change orders; and 2) Direct staff to continue to submit monthly reports to Council and to take related actions which Council may direct. Executive Summary The MPL&CC construction is approximately 72% complete (based on expenditures). Council has authorized a 20% construction contract contingency ceiling for unanticipated construction costs and established specific project reporting requirements in order to manage costs. Actual change orders approved to date total $1,676,174 or about 7% of the base construction contract amount. Background On September 12, 2011, Council authorized an increase in change order authority and a ceiling for the MPL&CC construction contract from 10% to 20% to cover unanticipated construction costs. Council also directed staff to provide Council with a Monthly Report on Change Orders with Flintco, the general contractor. Council also requested the City Attorney to provide additional confidential briefings regarding potential claims against other responsible parties. June 04, 2012 Page 2 of 6 (ID # 2758) Discussion To date, 14 change orders have been approved for a total amount of $1,676,174. This amount constitutes about 7% of the base construction contract amount. Since the last Staff Report update, there have been no additional Change Orders issued. Council has authorized change orders up to 20% of the base contract amount; leaving about 13% remaining. A breakdown of the change orders and the key components of each are contained in Table 1 listed below with a brief description of each. Please recognize that change orders can include reductions and credits as well as new costs. You will see this, for example, reflected in Change Order #5 in Table 1 below. Table 1 Change Order Amount Change Order Summary 1 $41,725 Eight extra work items including the pruning of trees, clean-up of the old building, and removing conduit found during site clearing and grading. 2 $33,102 Four extra work items including the rerouting of a storm drain around tree roots and the addition of a new manhole that the drawings showed being present but wasn’t. 3 $215,501 10 extra work items including an adjustment needed due to tree root interference, an upgrade in wall insulation capability, and design coordination needed for steel installation. 4 $242,754 11 extra work items including the installation of dowels at additional locations, the installation of thicker glass railings to increase stability, increased gas transmission line coordination, and extra concrete water protection. 5 $4,436 24 extra work items including an extra light fixture cost, fire safety drawing coordination, and a variety of additional required supplies totaling $70,536 minus credit given for three of the 24 work items including spare fixtures no longer required and reimbursed City of Palo Alto dump fees totaling $66,100. June 04, 2012 Page 3 of 6 (ID # 2758) 6 $25,123 Seven extra work items including additional gas main protection, curb strengthening, and deck support for the Building A green roof. 7 $74,304 19 extra work items including HVAC driven floor adjustments, electrical system adjustments, data cable rerouting, and a new load break cabinet totaling $109,965 minus credit given for two of the 19 work items including stones for the Arch provided by the artist and value engineering totaling $35,661. 8 $385,251 10 extra work items including additional fill, perforated metal panel ceiling work, various waterproofing, and conduit. 9 $195,706 18 extra work items including multiple curb installations, a basketball court slab, and an art sculpture foundation. 10 $78,514 18 extra work items including a Flintco field staff supplement, waterproofing, plumbing and electrical system alterations, and tree protection measures totaling $79,226 minus credit given for one of the 18 work items identified as plumbing fixture changes totaling $712. 11 $224,662 14 extra work items including beam strengthening, interior & exterior roof tank pipe supports, electric vehicle chargers, load break cabinet bollards, and additional steel. 12 $20,347 Seven extra work items including A/V work, electrical changes, and a roof access ladder. 13 $80,721 13 extra work items including metal stud framing, light fixtures, and miscellaneous electrical work. 14 $54,028 Five extra work items including a thickened roof edge, equipment curbs, a Building A ramp, signage support, and a book drop. TOTAL $1,676,174 TOTAL CO’s 1-14 ***For further information about each of the change orders see the attached corresponding Contract Change Order Scopes of Work (Attachment A). June 04, 2012 Page 4 of 6 (ID # 2758) Change order requests submitted by the contractor are typically bundled together on a monthly basis and summarized in one single change order. On September 12, 2011, Council further directed staff to submit any change order request which exceeds $85,000 to Council for approval. Staff is interpreting this to mean an individual change order line item more than $85,000. (You may note over the course of a month a number of on-site decisions are made, in order to not slow the project down, which when complied later can add up to more than $85,000). Thus, there are no change order requests greater than $85,000 which staff is recommending Council approve at this time. (Bundled Change Order 11, for example, totals $224,662, but includes as series of change orders, none of which exceeds $85,000). Council further directed that staff report to Council on oversight activities. Therefore, attached is the most recent Library Bond Oversight Committee agenda (Attachment B) and Library Bond Oversight Committee minutes (Attachment C). On October 17, 2011, Council requested information on two other related topics and these are addressed below. 1) Expenditures for New Consultants The City Attorney’s Office has hired the following consultants to assist with the review of construction costs requested by Council. The table below shows the amount encumbered and the amount spent to date. Contract Amount Amount Expended ZFA Structural Engineers $25,000 $17,850 Legal Counsel (Jarvis Fay/ Otis & Iriki) $135,000 $53,813 Reidinger Consulting (Scheduling) $85,000 $72,327 2) Outstanding Change Orders Proposed by the Construction Contractor (Flintco) In addition to knowing the amount of the Change Orders approved to date by the City (above), Council members asked the value of the outstanding change orders proposed by Flintco but not yet approved or rejected. This information June 04, 2012 Page 5 of 6 (ID # 2758) is contained in Attachment D. The first graph on Attachment D shows both Potential Change Orders (PCOs) (which is an internal list compiled by the City’s construction manager of certain work items that could eventually result in extra work claims) and actual Change Order Requests (CORs), a subset of the PCOs, which have been submitted by Flintco to date. (Note: All CORs have been temporarily retracted by Flintco while they work on adjustments to them. Flintco has been notified that the retraction may jeopardize the ability of the City to act on these CORs). The latest Monthly Report concerning all Library Projects (“Palo Alto Library Projects”) is included as Attachment E. These will no longer be forwarded to Council via a separate staff report. In this update staff has also included a Mitchell Park Library Cost Comparison Table (Attachment F) that shows the construction cost of this project in comparison to other recent projects the City has done. Additionally, the Mitchell Park Library Cost Comparison Table shows the contingencies approved and used for each of those projects to help put the 20% contingency fund approved for this project in context relative to what has been approved in the past. Resource Impact There are no resource impacts associated with providing the monthly reports to Council. The approved change orders are within the Capital Improvement Program Project (CIP) Budget PE-09006 for the MPL&CC project. Policy Implications There are no policy implications in providing the monthly reports to Council. Environmental Review Providing monthly reports on this topic to Council does not constitute a project under the California Environmental Quality Act (CEQA). Attachments:  A - MPL COs # 1-14 (PDF)  B - LBOC Agenda_4-24-2012 (PDF)  C - Final LBOC Minutes_1-24-2012 (PDF)  D - Summary Charts_5-2012 (PDF) June 04, 2012 Page 6 of 6 (ID # 2758)  E - PAL Monthly Report - March and April 2012 (PDF)  F - MPL Cost Comparision Table_4-2012 (PDF) Prepared By: Richard Hackmann, Department Head: J. Michael Sartor, Director City Manager Approval: ____________________________________ James Keene, City Manager Agenda Library Bond Oversight Committee meeting Quarterly Meeting April 24, 2012 7th floor conference room 4:00 p.m. – 5:30 p.m. Committee Members: James Schmidt (Chair), Sandra Hirsh (Vice-Chair), John Melton, Dena Mossar, Alice Smith Staff: (Public Works) Phil Bobel, Karen Bengard, Debra Jacobs, (Library) Monique leConge; (Administrative Services) Joe Saccio, Tarun Narayan, (Auditor) Jim Pelletier, (Attorney) Melissa Tronquet Others: (Turner Construction Management) Greg Smith ROLL CALL ORAL COMMUNICATIONS APPROVAL OF MINUTES – January 24, 2012 AGENDA REVIEW & REVISIONS UNFINISHED BUSINESS 1. DISCUSSION – Construction Progress (Greg Smith) a. Mitchell Park Library & Community Center b. Temporary Main Library 2. DISCUSSION – Design Progress (Karen Bengard) a. Main Library NEW BUSINESS 3. DISCUSSION – Update on Flintco / Construction costs / Council action (Phil Bobel) 4. DISCUSSION -- Draft Financial Report Summary from Administrative Services (Tarun Narayan) a. Expenditures to date – summary spreadsheet 5. ACTION – Approval of Quarterly Report to Finance Committee 6. DISCUSSION– Mitchell Park Library & Community Center contingency issue (Phil Bobel) 7. Next Steps a. Next meeting: July 24, 2012 S:/pwd/eng/kb projects/cips/library/meetings/bond Minutes Library Bond Oversight Committee meeting Quarterly Meeting January 24, 2012 7th floor conference room 4:00 p.m. – 5:30 p.m. Committee Members: Dena Mossar, James Schmidt (Chair), Alice Smith, Sandra Hirsh (Vice-Chair), John Melton Staff: (Public Works) Phil Bobel, Karen Bengard, (Library) Cornelia Van Aken; (Administrative Services) Joe Saccio, Tarun Narayan, (Auditor) Jim Pelletier, Ian Hagerman (Attorney) Melissa Tronquet Others: (Turner Construction Management) Greg Smith ROLL CALL 4:00 Quorum Absent: Mossar ORAL COMMUNICATIONS None APPROVAL OF MINUTES – October 25, 2011 Unanimous AGENDA REVIEW & REVISIONS No Changes UNFINISHED BUSINESS 1. DISCUSSION – Construction Progress (Greg Smith) a. Mitchell Park Library & Community Center Greg distributed copies of the Nov/Dec “Palo Alto Library Projects Progress Report”. Progress was slow if you viewed the outside of the building but there is also significant work that has been done on the interior. Contractor’s estimated completion is Dec 2012. It will take library staff 2-3 months after completion to move in books and equipment and test procedures. b. Temporary Main Library Temp library will be in auditorium of Art Center, estimated completion in August 2012. Will not be opened (except to Art Center uses) until Main Library is ready to close. Main Library will not close for construction until Mitchell Library is ready for use. S:/pwd/eng/kb projects/cips/library/meetings/bond 2. DISCUSSION – Design Progress (Karen Bengard) a. Main Library Council meeting on integration of Main/Art Center has been moved to March 5th. Main point of controversy is the driveway ‘connector’ piece that will impact some of the garden spots. Construction on the Main Library cannot start until the new Mitchell Library is complete and the staff from Main moved into Mitchell. Assuming Mitchell is completed in December 2012, construction on Main could start in Feb/March 2013. Construction duration on Main is 1.5 years. NEW BUSINESS 3. DISCUSSION – Outside Auditor’s Report (Ian Hagerman) Auditor distributed copies of report from “outside auditor”, MGO CPA firm. Outside auditor’s report was provided; it had been approved by the Finance Committee by 3- 1. No significant issues found; minor issue of $400 in spending that was mis- classified as bondable and the use of financial advisors whose contracts has expired. Auditor will request policy enhancements and clarifications. Auditor’s workplan is on website. 4. DISCUSSION – Timing of Main Library bond issuance There was a discussion of the timing of the Main Library bond. Tarun and Joe felt that they would need a few months prior to issuance to get a final construction cost estimate. Karen Bengard felt that it might be beneficial to ask for the remaining funds up to the $76 million bond limit. No decision needed to be made at this point, so discussion will continue as more up-to-date cost estimates for Main and Mitchell are known. 5. DISCUSSION -- Draft Financial Report Summary from Administrative Services (Tarun Narayan) a. Expenditures to date – summary spreadsheet Spreadsheet distributed. Discrepancy (of about $419K) with Greg Smith/Turner’s worksheet was because Turner’s reflects more up-to-date information. Tarun was requested to remove schedule information from the spreadsheet as it was outdated and is shown on other locations such as the “Palo Alto Library Projects, Monthly Progress Report” prepared by Turner. 6. ACTION – Approval of Quarterly Report to Finance Committee Jim was not aware if LBOC item has been agendized or whether he needs to appear in person to present findings. It was recalled that the Finance Committee had requested an in-person appearance by the LBOC Chair. Karen will investigate requirements and ask Debra Jacobs to draft cover letter for the report. 7. DISCUSSION– Mitchell Park Library & Community Center contingency issue Phil Bobel discussed (in general) ongoing legal issues related to the MPLCC. He attends closed session to brief Council on proposed Change Order costs. It was explained that the contingency amount was increased from the original 10 percent to the current 20 percent, and that the project is within budget. S:/pwd/eng/kb projects/cips/library/meetings/bond 8. Next Steps a. Next meeting: April 24, 2012           $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 Co s t Percent Completion Mitchell Park Library Approved Change Orders (CO's) and Outstanding Potential Change Orders (PCO's) Approved CO's Outstanding PCO's Flintco COR's 10% Contingency 20% Contingency Revised 11/10/11 4.418 (DT) 5.212 (DT) 4 (DT) $41.357M (Mitchell) $49.043M (Mitchell) $50M (Mitchell) $21.683M * (Main) $18M (Main) $18M (Main) 1.62 (Other) 3.745 (Other) 4 (Other) Cu r r e n t P r o j e c t i o n E n gi n e e r ' s E s t i m a t e Bo n d E l e c t i o n Es t i m a t e Dollars (Millions) Library Bond Fund Utilization Projections (April 2012) (Dollars in Millions) Mitchell Park Library Main Library Temporary Libraries & Bond Costs Series5 $69.078M $76M *The Main Library Projection was increased following Council approval on July 25, 2011 (Staff Report #1438) of approximately $1.7M of design amendments and future building improvements related to deferred maintenance, code upgrades and service enhancements. Palo Alto Library Projects Bi-Monthly Progress Report March - April 2012 Mitchell Park Library & Community Center Main Library Mitchell Park Main Entry Table of Contents Mitchell Park Library  Status Report  Management Summary  Action Items  Schedule Milestones Main Library  Status Report  Management Summary Library Closure Plan Financial Summary Mitchell Park Library & Community Center 3700 Middlefield Road, Palo Alto The new Mitchell Park Library and Community Center is a highly sustainable joint-use facility that will be a vibrant destination for civic, cultural, social, educational, and recreational activities. The new center, which will replace undersized and aged facilities, is made possible through Measure N and the strong partnership between the city and the community. During construction, temporary library and teen center facilities are available at the Cubberley Community Center. WEB CAM LINK: http://173.164.239.206/view/viewer_index.shtml March - April 2012 PROJECT CONSTRUCTION CONSTRUCTION BEGAN: September 2010 ANTICIPATED OPENING: Spring 2013 PROJECT TEAM OWNER: City of Palo Alto Public Works (650) 329-2295 ARCHITECT: Group 4 Architecture, Research + Planning Inc. South San Francisco, CA (650) 871-0709 GENERAL CONTRACTOR: Flintco Pacific, Inc. Folsom, CA (916) 351-5400 CONSTRUCTION MANAGER: Turner Construction Company San Jose, CA (408) 277-6370 FOR MORE INFORMATION www.cityofpaloalto.org/libraryprojects KEY ACCOMPLISHMENTS  Stair Tower Siding UPCOMING ACTIVITIES  Exterior Wall Dry in & Finishes  Glass installation in progress  Plaster Library Main Entrance Library Roofing Started March - April 2012 Up on the Roof – Future Solar Array Area Glass on the South Side and Roof Overhang Framing Work on the Teen Center Closing up Walls on the Roof New Blue Stair Tower Stucco South Side Building A Progress Photos Mitchell Park Library & Community Center Management Summary March - April 2012 Noteworthy Accomplishments  Waterproofing & flashing complete Current Project Challenges:  Exterior wall dry-in is 6 weeks away (Scheduled for 6/7)  Little progress on dry-in for the last 4 months  Window mock ups failed water leak testing  Temporary dry-in was never complete (Rain season officially ended 4/15)  Processing the high volume of change documentation and providing direction  Settle tube steel and exterior wall framing changes (Ready for Council approval)  Settle waterproofing and sheet metal changes (Estimate complete)  Expecting significant number of new COR to review  Submittals impacting material delivery and inspection (In progress but nothing completed)  Photovoltaic and Solar Hot Water systems need separate permits  Vehicle chargers need a separate permit  Deferred submittals for glass railings, elevators and library shelving need to complete plan check  Architects Supplemental Instructions need to complete plan check Safety  Contractor glazing subcontractor had recordable accident – cut hand  Public Safety is a priority outside the fence. No incidents reported to date Quality Control  City & Special Inspectors re-inspect work several times  Work is not always ready when inspection is requested  Work does not always pass inspection  Inspector has set minimum requirements for interior inspection and Flintco is preparing a plan.  Quality Control Observation Reports : 56 have been issued and 12 remain open  Glazing contractor is having difficulty meeting quality control standards  1 non compliance notice issued for glazing Schedule:  Flintco’s reported completion date has slipped 4 months since the beginning of the year  Updates are not tied to baseline schedule. Keep as built dates on baseline schedule  Contractor plans to ask for 1 year extension Next Key Milestones:  Building Dry In: Library 6/7 Teen Center 5/16 Community Center 6/1 Mitchell Park Library & Community Center Schedule Milestones March - April 2012 Activity ID Bldg-A Bldg-B Bldg-C Pad Certification 10/27/10 10/27/10 10/27/10 Foundation Complete 12/28/11 1/16/11 1/7/11 Frame & Place Slab on Grade 2/11/11 5/6/11 5/3/11 Top out Structural Steel Frame 5/31/11 4/15/11 5/12/11 2nd Floor Poured 4/16/11 X X Roof Poured 5/31/11 6/24/11 6/21/11 Frame Ext Walls EXT 4000 9/2/11 9/26/11 9/2/11 Building Dried In EXT 5555 6/7/12 5/16/12 6/1/12 Frame Interior Walls INT 1130 5/24/11 6/1/11 7/1/11 Insp - OK to hang drywall INT 1085/2095 7/30/12 5/17/12 7/5/12 Insp - MEP overhead AINT 1220 9/20/11 9/20/11 9/20/11 Casework Start Date FIN 10159/1090 10/2/12 8/2/12 8/2/12 Ceiling Complete FIN 1120 10/30/12 9/7/12 8/28/12 Flooring Complete FIN 1180/1250 11/26/12 9/21/12 10/5/12 Permanent Power EQU2020 7/27/12 9/14/12 9/7/12 Heat & Air Conditioning Online EQU 1100 8/31/12 10/12/12 9/28/12 Elevator Complete AEQU1090 9/27/12 x x Parking Paving Complete STE 1410 6/21/12 x x Substantial Completion PCO 1555 2/5/13 2/5/13 11/21/12 Certificate of Occupancy PCO 5020/1555 3/20/13 3/20/13 3/20/13 Building Air out and Commissioning complete EQU 1070 2/17/13 3/12/13 4/9/13 Completed Completion Date Main Library 1213 Newell Road, Palo Alto Exterior View March - April 2012 2011 PROJECT CONSTRUCTION CONSTRUCTION STARTS: Summer 2013 ANTICIPATED OPENING: Fall 2014 PROJECT TEAM OWNER: City of Palo Alto Public Works (650) 329-2295 ARCHITECT: Group 4 Architecture, Research + Planning Inc. South San Francisco, CA (650) 871-0709 CONSTRUCTION MANAGER: TBD FOR MORE INFORMATION www.cityofpaloalto.org/libraryprojects KEY ACCOMPLSHMENTS  Design Development Complete  Council Approved Scope Expansion  Constructability Review UPCOMING ACTIVITIES  Decision on Site Development  Connectivity with Art Center  Circulation around Community Gardens  Construction Estimate Update The Palo Alto Main Library renovation and addition is in the final phase of design “Better Libraries for Palo Alto” projects, funded by the passage of Measure N by voters in 2008. The project incorporates upgrades to the historic building’s structural, electrical and mechanical systems while preserving the integrity of architect Edwards Durrell Stone’s iconic design. The new addition includes a program room and additional restrooms to extend the services of this heavily-used branch. The project targets LEED certification. Main Library Management Summary March - April 2012 Noteworthy Accomplishments  Design development complete  Council approved scope expansion  Completed hazardous material report  Published 100% design development estimate  Constructability review of 95% construction documents Current Project Challenges:  Decide on Site circulation plans  Complete final construction documents  Plan Check Safety  No activities Quality Control  No activities Schedule:  Construction begins mid 2013 Next Key Milestones:  Council Decision on Parking Circulation  Estimate update  Constructability Review follow up Closure Plan March - April 2012 Mitchell Park Library and Community Center construction started, College Terrace Library re-opened Mitchell Park Library & Community Center Opening to the Public in the Spring 2013 Main Library Closes for construction Mid 2013 20 1 0 20 1 1 20 1 2 20 1 3 Downtown Library re-opened 20 1 4 Main Library Opening to the Public in 2014 printed 5/11/2012 MEASURE N ENGINEER'S ESTIMATE PROJECTED RESERVES 09010 Cubberley Temporary Library 645,000 619,687 25,313 09005 Downtown Library 4,000,000 5,212,000 4,418,111 793,889 09006 Mitchell Park Library & C.C.50,000,000 49,043,000 41,356,894 7,686,106 11000 Main Library 18,000,000 20,100,000 21,682,800 -1,582,800 11010 Art Center Temporary Library 500,000 500,000 0 Bonding and Financing Costs 4,000,000 500,000 500,000 0 BONDED AMOUNT 76,000,000 76,000,000 69,077,492 6,922,508 - - - April-2012 FINANCIAL SUMMARY BUDGET COSTS The combined projects currently have a projected cost reserves of $6,922,508 Temporary Library at Cubberley finished below estimate. Balance is held for move out costs. Downtown Library is now finished. Budget will update when all contracts are closed out. Mitchell Park Library and Community Center bids were significantly below estimate. Bond costs have been reforecast and the financing budget is reduced by $2,100,000 from the last report Main Library Budget is increased $2,100,000 from financing budget reduction. Council scope increases and current estimates still project higher costs. Reserves are based on contracts awarded to date. Future awards will affect reserves. April 2012 Mitchell Park Library Cost Comparison Table 1 Actual (Construction Cost) Definition: The total cost of construction. This figured is calculated my adding the construction contract amount to the construction contingency used. Project Name Construction Cost Contract Amount Contingency Contingency Used Actual1 Mitchell Park Library $24,365,000 $4,873,000 (20%) TBD TBD Alma Storm Drain Improvement $573,000 $57,300 (10%) $54,696 (9.54%) $627,696 Children’s Library $2,646,000 $317,520 (12%) $289,877 (10.96%) $2,935,877 College Terrace Library $1,365,988 $341,497 (25%) $224,658 (16.45%) $1,590,646 Downtown Library $2,500,000 $375,000 (15%) $375,000 (15%) $2,875,000 Greer Park $1,220,075 $122,008 (10%) $121,641 (9.97%) $1,341,716 Parking Lot (S/L/R) $22,535,000 $3,380,250 (15%) $2,372,415 (10.53%) $24,907,415 San Francisquito Pump Station $6,938,115 $693,812 (10%) $0 (0%) $6,778,636 Storm Drain Rehab (Phase IV) $144,000 $14,400 (10%) $14,396 (9.97%) $158,396 City of Palo Alto (ID # 2847) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 3 (ID # 2847) Summary Title: PAUSD Summer Enrichment Program Title: Approval of Amendment No. One to Agreement With the Palo Alto Unified School District for the provision of Fiscal Services by City to School District for the PAUSD 2012 Summer Enrichment Program and Provide Collaborative After- School Summer Programs From: City Manager Lead Department: Community Services RECOMMENDATION Staff recommends that the Council approve, and authorize the City Manager or designee to execute, the attached Amendment No. One to Agreement with the Palo Alto Unified School District (PAUSD) that would extend the term of the current agreement for four months and authorize the City of Palo Alto to continue to act as fiscal agent for PAUSD 2012 summer enrichment programs and collaboratively provide after-school summer programs on PAUSD sites. BACKGROUND In 2001, the City and PAUSD agreed to collaborate in order to facilitate summer enrichment programs for PAUSD students. The summer enrichment programs blend core curriculum in such subjects as writing, arts and language with enrichment activities for a fun and engaging learning experience during the summer. Since 2001 the City and PAUSD have regularly renewed this agreement for an additional 3-year terms. In this instance, staff is requesting to only extend the term of the current agreement to October 31, 2012 in order to complete the summer services planned for 2012. City and PAUSD staff would like to review the agreement over the next several months to fully evaluate the City and PAUSD’s shared role in providing camps and enrichment programs, as well as the payment processing procedures, to ensure the agreement remains in the interests of both parties for 2013 and beyond. June 04, 2012 Page 2 of 3 (ID # 2847) DISCUSSION Among the components of the agreement that City and PAUSD staff intend to evaluate include: the definition of “enrichment;” a term staff believe needs greater clarity; the definition of “credit recovery” classes (make-up classes) for high school students and specifically exempt these programs from the agreement; staff time associated with providing fiscal agent services; and, exploring how we might enhance jointly coordinated summer enrichment programs to best meet evolving community needs. The terms and conditions under this contract amendment remain the same. The current agreement has the City acting as a fiscal agent for PAUSD’s summer enrichment classes and jointly produced summer camps at selected school sites. PAUSD collects the checks and credit card forms which are made payable to the City by the customer and delivers them to the City. The City deposits the checks and credit card charges into the General Fund, and returns 92 percent of the revenue collected to PAUSD, while retaining the remaining 8 percent as administrative fees for its fiscal services. In 2012 the City anticipates processing $650,000 for PAUSD’s summer enrichment classes for approximately 1,400 participants. PAUSD staff has told City staff the need for fiscal services for the summer enrichment program is due to PAUSD administrative needs stemming in part from their administrative offices being closed during the summer period. The City’s Community Services Department administrative offices are not only open during the summer but staff are working closely with many Palo Alto families throughout spring and summer, helping them organize their summer schedules for their children, which often includes PAUSD summer enrichment classes along with swim lessons, recreation, science, theatre and arts camps. In addition to the City acting as the fiscal agent for PAUSD’s summer enrichment classes, PAUSD and the City’s Recreation Division will again work collaboratively to provide summer enrichment camps during the Summer School period. One of the 2012 summer enrichment camps is titled Camp JIVE. This Middle School camp takes place during PAUSD Summer School. City staff works closely with PAUSD Summer School staff on the school campus to provide a variety of activities after Summer School ends. Camp JIVE provides a safe and fun place for students to go for the afternoons during Summer School. Participants will meet new friends, June 04, 2012 Page 3 of 3 (ID # 2847) swim at Rinconada Pool twice a week, have special events, play sports and create art projects. This year the City and PAUSD will also offer a new two-week camp called Art Explosion that will challenge students to explore and create art. Using a variety of different mediums, students will learn new art techniques or continue to strengthen their artistic talents. Art Explosion is a full day camp. In the morning and early afternoon students will be in a classroom with a PAUSD teacher and in the afternoon will participate in recreation activities and field trips with the City Recreation staff. Both the teacher and Recreation staff work closely to ensure continuity between morning and afternoon programs. In the past the City has offered a Future Authors camp and Coastal Adventures camp similar to the Art Explosion full day camp in collaboration with PAUSD. RESOURCE IMPACT The contract amendment will generate sufficient revenues to offset the full expense of providing this service; a budget amendment is not required. POLICY IMPLICATIONS The recommendation in this report is consistent with current City policies. ENVIRONMENTAL REVIEW This contract is not a project as defined by the California Environmental Quality Act (CEQA) and is not subject to CEQA requirements. Attachments: Attachment A - Agreement with PAUSD for Summer Enrichment Program (DOC) Prepared By: Robert De Geus, Manager Department Head: Greg Betts, Director, Community Services City Manager Approval: ____________________________________ James Keene, City Manager {SR117584.DOC} 1 120530 dm 0073753 AMENDMENT NUMBER ONE TO AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED SCHOOL DISTRICT This Amendment Number One to Agreement (the “Amendment Number One”) is entered into as of ________________, 2012 (the “Effective Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (the “City”), and the PALO ALTO UNIFIED SCHOOL DISTRICT, a California unified school district, located at 25 Churchill Avenue, Palo Alto, CA 94306 (the “District”) (individually, a “Party,” and, collectively, the “Parties”). RECITALS A. Since 2001, the Parties have collaborated to provide a summer enrichment program consisting of enrichment classes and recreation camps at various District school sites. The summer enrichment classes are offered to elementary, middle and high school students in the mornings, and interested students may transition in the afternoons to the City‟s recreation program „camps‟ offered to individuals residing in Silicon Valley. Both the District and the City offer separately managed day-long classes or camps, as appropriate, but the Parties collaborate on offering a day-long recreation camp. The Parties‟ programs are separately and jointly conducted and operated in accordance with applicable laws. B. Under the current agreement, entered into in 2009 and set to expire in mid- June 2012 (the “2009 Agreement”), the City provides “fiscal agent” services to the District in so far as the City will perform basic bookkeeping functions relating to the reconciliation, processing and depositing of check and credit card payments made in connection with the District‟s instructional classes. The City will make payments to the District after performing timely and full accountings of funds received in regard to the District‟s summer enrichment classes. C. The Parties wish to extend the term of the current agreement to cover the 2012 summer enrichment program. AGREEMENT NOW, THEREFORE, in consideration of the preceding recitals and the covenants, terms, conditions, and provisions of this Amendment Number One, the Parties agree: SECTION 1. Section 2 of the 2009 Agreement is hereby amended in its entirety to read, as follows: “This Agreement shall have a term, commencing on June 15, 2009 and expiring on October 31, 2012, unless the term is terminated upon the earlier occurrence of (a) the date on which the Parties enter into a new agreement regarding the City‟s provision of “fiscal agent” services to the District, or (b) notice of termination provided by a Party in accordance with Section 9 of the Agreement.” {SR117584.DOC} 2 120530 dm 0073753 SECTION 2. Section 4 of the 2009 Agreement is hereby amended in its entirety to read, as follows: “In addition, the City will periodically offer new camps and recreation programs, as appropriate. The Parties agree, in writing, to the camps the City will provide and the dates on which the camps will be held prior to offering camps to the public. The District shall be solely responsible for designing the curricula of the District‟s summer enrichment classes, which shall be scheduled to commence no earlier than 8:00 a.m. and to end no later than 12:30 p.m., Monday through Friday. The City‟s Recreation and Cubberley Division shall design and provide the activities for participants attending the City‟s summer enrichment camps, which shall be offered from 12:30 p.m. to 5:30 p.m., Monday through Friday. The commencing and ending times for particular District enrichment classes and for particular City summer enrichment camps may be extended by agreement of the Parties to allow for all-day classes or camps. The Parties‟ individual and joint summer enrichment camps will include a variety of recreation programs and field trips, which will be held at various District sites within Palo Alto as agreed to by the Parties.” SECTION 3. A new Subsection 5.1 shall be added to the 2009 Agreement, immediately following Section 5, to read, as follows: “5.1 The District shall provide teacher(s) necessary for the City‟s summer enrichment camps, for a flat fee of Five Thousand Dollars ($5,000.00) per teacher, per contract year, payable to the District by the City, and such fee shall be deducted from the administrative fee payable to the City, as referred to in Section 6; provided, however, the City‟s obligation to pay any such fee will extend only to any teacher(s) hired for the 2012 summer enrichment program, commencing or or after June __ and ending on or before August 31, 2012.” SECTION 4. Except as modified by this Amendment Number One, all other provisions of the 2009 Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. [Signatures on next page.] {SR117584.DOC} 3 120530 dm 0073753 IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment Number One on the date first above written. CITY OF PALO ALTO _____________________________ City Manager APPROVED AS TO FORM: _____________________________ Senior Assistant City Attorney APPROVED _____________________________ Director of Administrative Services _____________________________ Director of Community Services PALO ALTO UNIFIED SCHOOL DISTRICT. By:___________________________ Name:_________________________ Title:__________________________ APPROVED AS TO FORM: ______________________________ Counsel for District City of Palo Alto (ID # 2896) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 3 (ID # 2896) Summary Title: Second Reading for Lytton Gateway PC Zone Request Title: 2nd Reading: Adoption of an Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 335 and 355 Alma Street from CD-C(P) and CN-N(P) to PC Planned Community Zone (PC________) for a Mixed Office and Retail, Four-Story, 50 Foot Tall Building (and a 70 Foot Tall Corner Tower Feature) on the Former Shell Station Site. The Project Includes Exceptions to the Daylight Plane and 35 Foot Height Limit Within 150 Feet of Residential Property. (First Reading May 14, 2012 - Passed 7-2) From: City Manager Lead Department: Planning and Community Environment Attached is the Planned Community Ordinance for the Lytton Gateway project, reflecting the changes made by Council on May 14, 2012. The Council also approved the Initial Study and Mitigated Negative Declaration for the development and adopted a Resolution amending the Comprehensive Plan designation for a portion of the site (335 Alma) from Neighborhood Commercial to Regional/Community Commercial on March 12, 2012. The Council action on May 14, 2012, included the following changes to the PC Ordinance (PC Ordinance 5150): 1. Under Section 4 (f) Public Benefits (1) Financial contribution of $625,000 to the City of Palo Alto’s Affordable Housing Program (in addition to the required $850,000 commercial housing in-lieu fee). 2. Under Section 4 (f) Public Benefits (2) Financial contribution of $625,000 to the City’s Parking Fund and payment of $1,476,200 to cover the cost of 22 in-lieu parking spaces (at $67,100 per space). June 04, 2012 Page 2 of 3 (ID # 2896) 3. Under Section 4(f) Public Benefits (3) Inclusion of 3,807 square feet of ground floor retail and eating and drinking service area proximate to the train station (deleting allowances for “personal services” and “financial services). 4. Under Section 4(f) Public Benefits (5) Provision of two Electrical Vehicle Charging Stations available to the public, installed by the Applicant on Alma Street adjacent to the Project subject to standards, to be developed by the City to the satisfaction of the Director of Planning and Community Environment. There will be no charge to members of the public making use of the Alma Street EV Charging Stations. At least one of the EV Charging Stations on Alma Street shall be a Level 3 Charger and the remaining charging stations will be Level 2 Chargers. 5. Under Section 4(f) Public Benefits (14) Provision of CalTrain Go-Passes, Eco Passes or the equivalent, as part of the Transportation Demand Management Program, for all employees of the commercial spaces for the life of the project. The Council action on May 14, 2012, added the following changes to the PC Ordinance and the Conditions of Approval: Under Section 4(d) Parking and Loading Requirements and under Transportation Division Condition of Approval #3 include the additional language: Additionally, an agreement for compliance with targeted reductions (minimum 20% parking reduction) shall be developed between the owners and the City specifying a penalty schedule for non-compliance, graduated over the initial five years of the project and then for every five years thereafter, and tied to equivalent fees for in- lieu parking. The agreement shall be in effect prior to building occupancy and shall be recorded to apply to subsequent owners as well. The approval conditions have been incorporated into Exhibit B (Conditions of Approval), attached to the PC Ordinance. Staff has assured that all other provisions of the PC ordinance and the conditions have been revised where necessary to be consistent with the Council’s changes. The PC Ordinance, Exhibit B (Conditions of Approval), and Exhibit A (Location Map) are attached to this June 04, 2012 Page 3 of 3 (ID # 2896) report. Language revised since the ordinance introduction is shown in a redlined format. Staff requests that the Council approve the PC Ordinance, as amended, on second reading. Attachments: Attachment A: Revised Ordinance (PDF) Prepared By: Jason Nortz, Planner Department Head: Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager 120529 dm 0120537 Ordinance No. 5150 Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 335 Alma Street from CD-N(P) Downtown Neighborhood Commercial and 355 Alma Street from CD-C(P) Downtown Community Commercial to PC Planned Community Zone No. XXXX for a Four Story, 50 Foot Tall (and an 70 Foot Tall Corner Tower Feature) Mixed Office and Retail Project Containing 52,163 Square Feet of Floor Area The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. (a) Lytton Gateway LLC, ("the Applicant") applied on January 21, 2011 to the City for approval of a rezoning application (the "Project") for a new Planned Community (PC) district for a property located at 335 and 355 Alma Street (the "Subject Property") to accommodate the uses set forth below. (b) The Planning and Transportation Commission, at its meeting of March 16, 2011, advanced the Project with an initiation to consider a Planned Community Zone process for the establishment of Planned Community Zone District (c) The Architectural Review Board, at its meeting of November 3, 2011, reviewed the Project design and recommended the City Council approve the project with associated draft conditions of approval `Exhibit B.' (d) The Planning and Transportation Commission, after a duly noticed public hearing held February 22, 2012, reviewed, considered, and recommended approval of the draft Mitigated Negative Declaration and an earlier draft ordinance, and recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended to rezone the Subject Property to a new Planned Community zone to permit construction of a five-story, mixed use project, consistent with conditions included in the Planned Community zone related to allowable land uses and required development standards, and subject to provision of the public benefits outlined in the draft ordinance to be considered by Council on March 12, 2012. The Commission also recommended approval of a Comprehensive Plan resolution to designate a portion of the site to Regional Commercial. (e) The Palo Alto City Council, after a duly noticed public hearing held on March 12, 2012, adopted the Mitigated Negative Declaration and approved the resolution revising the Comprehensive Plan land use designation. The Council 120529 dm 0120537 continued its review of the project to allow for revisions by the applicant pursuant to Council direction. (f) The Palo Alto City Council, after due consideration of the revised project, depicted on `Exhibit A' (the Project), the analysis of the City Staff, and the conditions recommended by the Planning and Transportation Commission and the Architectural Review Board, finds that the proposed Ordinance is in the public interest and will promote the public, health, safety and welfare, as hereinafter set forth. (g) The Council finds that (1) the Subject Property is so situated, and the use or uses proposed for the site are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow for the Project; (2) development of the Subject Property under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts, as set forth in Section (4)(c) hereof; and (3) the use or uses permitted, and the site development regulations applicable within the proposed district are consistent with the Palo Alto Comprehensive Plan (Goals, Policies, and proposed designation of Mixed Use for the Subject Property) and are compatible with existing and potential uses on adjoining sites or within the general vicinity. (h) The Council further approves exceptions to Section 18.38.150 allowing height in excess of 35 feet within 150 feet of a residential zone and allowing encroachment into the daylight plane. The Council finds that these exceptions do not result in incompatibility with the adjacent residential uses and do not allow for floor area increases above 50 feet. These determinations are made consistent with the findings of (g) above. SECTION 2. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended by changing the zoning of Subject Property from CD-N(P) and CDC(P) to "PC Planned Community 5150". SECTION 3. The City Council hereby finds with respect to the Subject Property that the Project comprises the following uses included in this ordinance for a mixed office and retail development, depicted on the Development Plans dated April 18, 2012, incorporated by reference, including the following components: (a) A four-story Mixed Office and Retail Building at a height of 50 feet for the enclosed floor area and 70 feet for the unenclosed corner tower feature, with a total of approximately 52,163 total square feet of floor area. 120529 dm 0120537 (b) Floors 2-4 of approximately 43,341 square feet consisting of three floors of office use. Floor 2 will be approximately 13,511 square feet and floors 3 and 4 will be approximately14,915 each. The height to the top of the fourth floor will be 50'. (c) A Ground Floor of approximately 8,822 square feet consisting of 3,807 square feet of retail use and 3,375 square feet of lobby area and elevator and stairwells to upper floors. The Lytton Avenue side commercial use includes approximately 1,640 square feet of space for lease to a Palo Alto based non-profit organization at below market rent. The Alma Street fronting commercial use includes retail services and eating and drinking services only. (d) Common Open Space area on the roof of the Building of approximately 4,500 square feet for the exclusive use of the office tenants of the building. (e) A two and-one-half level underground garage with a minimum of 126 parking stalls, with an entrance from the surface parking area of the Subject Property. SECTION 4. Development Plan for the Subject Property dated December 8, 2011, and any approved supplemental materials for the Subject Property, as submitted by the applicant pursuant to Palo Alto Municipal Code Section (PAMC) 18.38.090, shall be subject to the following permitted and conditional land uses and special limitations on land uses, development standards, parking and loading requirements, modifications to the development plans and provisions of public benefits outlined below, and conditions of project approval attached and incorporated as "Exhibit B". (a) Permitted, Conditionally Permitted land uses shall be allowed and limited as follows: Permitted Uses (subject to the limitations below under Section 4(b)): (1) Professional and General Business Offices (excluding medical offices and administrative office uses) (2) Retail Services (excluding liquor stores) (3) Eating and Drinking Services (excluding drive-in and take-out services) Conditionally Permitted Uses: (1) Private Educational Facility (2) Commercial Recreation (3) Convalescent Facilities (4) Private Clubs, Lodges, and Fraternal Organizations. (b) Special limitations on land uses include the following: (1) The office uses within the project on floors 2-4 shall not exceed a total floor area of 43,341 square feet; 120529 dm 0120537 (2) Approximately 1,640 square feet of floor area on the ground floor shall be leased to a Palo Alto-based non-profit for rents not to exceed 25% of market rates for the life of the project. (3) No medical office use shall be permitted within the development; (4) No administrative office use shall be permitted within the development; (5) The "Retail" space along Alma Street as identified on the Development Plan shall be occupied by retail uses and eating and drinking services only. (c) Development Standards: Development Standards for the site shall comply with the standards prescribed for the Planned Community (PC) zone district (PAMC Chapter 18.38) and as described in Section Three and Section Four herein and in the Approved Development Plans. The Council further approves exceptions to Section 18.38.150 allowing height in excess of 35 feet within 150 feet of a residential zone and allowing encroachment into the daylight plane. These determinations are made consistent with the findings of Section (1)(g) above. (d) Parking and Loading Requirements: In addition to the parking and loading requirements specified in PAMC 18.52 and 18.54, a Transportation Demand Management Plan (TDM) Program shall be developed for the Project in accordance with PAMC 18.52.050(d) for employees of the Project. The TDM plan shall, at a minimum, include bicycle, pedestrian and public transportation functions and an attendant parking program. The TDM plan shall be approved by the Director of Planning and Community Environment prior to issuance of building permits for the site and shall include, at a minimum, transit passes or subsidies for all employees and tenants of the building, car sharing, bike facilities, transportation information kiosks, and the designation of a transportation demand coordinator for the building. The TDM program shall include monitoring reports, which shall be submitted to the Director not later than two years after building occupancy and again not later than five years after building occupancy, noting the effectiveness of the proposed measures as compared to the initial performance targets, and suggestions for modifications if necessary to enhance parking and/or trip reductions. Where the monitoring reports indicate that performance measures are not met, the director may require further program modifications. Additionally, an agreement for compliance with targeted reductions (minimum 20% parking reduction) shall be developed between the owners and the City specifying a penalty schedule for non-compliance graduated over the initial five years of the project and then for every five years thereafter and tied to equivalent fees for in-lieu parking. The agreement shall be in effect prior to building occupancy and shall be recorded to apply to subsequent owners as well. // // 120529 dm 0120537 (e) Modifications to the Development Plan and Site Development Regulations: Subsequent to construction of the Project consistent with the approved Development Plan, any modifications to the exterior design of the Development Plan or any new construction not specifically permitted by the Development Plan or the site development regulations contained in Section 4 (a) (c) above shall require an amendment to this Planned Community zone, unless the modification is a minor change as described in PAMC 18.76.050 (b) (3) (e), in which case the modification may be approved through the Minor Architectural Review process. Any use not specifically permitted by this ordinance shall require an amendment to the PC ordinance. (f) Public Benefits: Development of the site under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts. The Project includes the following public benefits that are proposed for the Project and in excess of those required by City zoning districts. (1) Financial contribution of $625,000 to the City of Palo Alto’s Affordable Housing Program (in additional to the required $850,000 commercial in-lieu housing fee). (2) Financial contribution of $625,000 to the City’s In-Lieu Parking Fund and payment of $1,476,200 to cover the cost of 22 in-lieu fee parking spaces (at $67,100 per space). (3) Inclusion of 3,807 square feet of ground floor retail uses and eating and drinking service area proximate to the train station. (4) Inclusion of 1,640 square feet of subsidized non-profit office space to be leased to a Palo Alto-based non-profit at rent not to exceed 25% of market rates for the life of the project. (5) Provision of two (2) electric vehicle (EV) charging stations at off-site parking spaces directly adjacent to the site along Alma Street (one level 3 and one level 2 charging station), with the applicant responsible for all costs of installing the EV stations. There will be no charge to the members of the public for using the EV charging stations on Alma Street. (6) Provision of two additional level 2 EV charging stations in the below-grade parking garage. (7) Provision of one Zip Car rental unit to be located in a designated space within the surface parking lot behind the building that is open to the public (8) Contribution of $250,000 to the City for Neighborhood Parking Preservation Projects or Programs. (9) Contribution of $60,000 in funding to support City efforts to initiate a parking analysis for Downtown parking improvements. 120529 dm 0120537 (10) Provision of 8 surface parking spaces as available to the public at all hours daily (retail spaces), and 16 underground spaces available to the public on nights and weekends. (11) Development of an extensive Alma Street tree canopy with the addition of 13 new street trees on the west side (Cal Train parking lot side) of Alma Street between Lytton and Everett. (12) Installation of pedestrian and urban design features, including widened sidewalks and crosswalks, to enhance pedestrian safety and connectivity. (13) Installation of street and vehicular improvements, including: a. upgraded traffic signals at the intersection of Lytton and Alma, and high visibility crosswalk striping; b. southbound left turn lane and associated striping and improvements at the Alma and University ramp (north ramp) to facilitate southbound left turns from Alma to westbound University; c. striped median and improvements on Alma between University and Lytton; d. upgraded bike lanes and markings: northbound bike lane on Alma between University and Lytton; westbound bike lane and "bike box" on Lytton at the Alma intersection, and southbound bike lane on Alma approaching Lytton; e. pedestrian bulb-out along project frontage at the Lytton and Alma corner, to shorten pedestrian crossing distances and walk times while improving safety; f. new left turn lane from southbound Alma onto eastbound Everett (no change to hours of permitted turns proposed); g. expanded sidewalk and curb (four feet wider) along Lytton project frontage to enhance pedestrian environment; h. relocated street trees along Alma from existing sidewalk planting strips to new planters (with new trees) located within parking lane, to increase the usable sidewalk width from 8'3" to approximately 10'3"; i. ten new post-top streetlights along Alma and Lytton at approximately 28-foot spacing, to provide safe and attractive lighting (replacing two existing streetlights); j. street furnishings, including a bench for pedestrian seating on Alma and trash and recycling receptacles along entire project frontage. 120529 dm 0120537 (14) Provision of CalTrain Go-Passes, Eco Passes or the equivalent, as part of the Transportation Demand Management program, for all employees of the commercial spaces for the life of the project. (g) Development Schedule: The project is required to include a Development Schedule pursuant to PAMC 18.38.100. The approved Development Schedule is set forth below: Construction of the Project shall commence on or before January 2013, unless a change in the development schedule is approved by the Director of Planning and Community Environment, not to exceed a one year extension in time, with only one such extension permitted without a hearing, pursuant to PAMC Section 18.38.130. The total time for the project construction and occupancy of tenant spaces is expected to be 16 months, or by April 2014, unless extended by the Director for up to one additional year. SECTION 5. Indemnification. 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 this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City 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 choice. SECTION 6. Monitoring of Conditions and Public Benefits. Not later than three (3) years following the approval of building occupancy by the City and every three (3) years thereafter (except where a shorter timeframe is required in the conditions of approval), the applicant or successor owner shall request that the City review the project to assure that conditions of approval and public benefits remain in effect as provided in the original approval. The applicant shall provide adequate funding to reimburse the City for these costs. If conditions or benefits are found deficient by staff, the applicant shall correct such conditions in not more than 90 days from notice by the City. If correction is not made within the prescribed timeframe, the Director of Planning and Community Environment will schedule review of the project before the Planning and Transportation Commission and Council to determine appropriate remedies, fines or other actions. // // 120529 dm 0120537 SECTION 7. A mitigated negative declaration (MND) for this project was prepared in accordance with the California Environmental Quality Act and circulated for public review for a 20-day period beginning October 17, 2011. The City Council approved the MND and Mitigation Monitoring Program at its meeting of March 12, 2012. SECTION 8. This ordinance shall be effective on the thirty-first day after the date of its adoption (second reading). INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: __________________________ City Clerk APPROVED AS TO FORM: __________________________ Assistant City Attorney __________________________ Director of Planning and Community Environment _________________________ Mayor _________________________ City Manager University Avenue Train StationAmerican Red Cross Lytton Station FireStation # 1 werl LyttonSquare Senior Center Everett Manor EverettHouse Lytton Gardens Senior Residence Casa Olga Diddams The North Face Gym Lot R Parking Garage City of Palo Alto Private Bank of the Peninsula Comerica Bank Cornish & Carey Pizza My Heart Peninsula Creamery Mac's Smokeshop Wasson Building PALO AL HA W TH ORNE AVEN UESO N STR EET RAM ONA STREET E MERSO N STREET O RNE AVENUE HIGH STREET EVERETT AVENUE EVE RETT AVENUE HIG H STREET ALM A STR EET ALM A STREET LYTTON AVENUE E L C A MIN O R E AL ALMA STREET EM ER S ON STREET RA M O NA STREETLYTTON AVENUE U NIVERSITY AVENUE R A M O N A STR HIG H STREET EM ERSON STREET E MERS O N STREET HIG H STREET HA M BRYANT STREET FL O RENCE STRE W AVERLEY S TR EET EVERETT AVENUEBRYANT S TREET HA W TH O RA M O NA STR EET BRYANT STR EET LYTTO N AVEN UE LANE 5 E AST LA LAN E 20 W EST MIT C HELL L ANE LANE 15 E A ST BRYANT C OURT PAULSEN LANE LANE 12 W E ST EL C A MIN O R PENIN SULA C O R RID O R JOIN T P O W ERS BOARD PC- PF CD CPC-4612 0 PF R M- 30 PC-4063 PC -3872 PF CD-C (P) PF PF CD-N (P) PF PC-3111 PF PC-4262 PC-4243 PC-4238 RM-15 R M D( N P ) PC-3429 C D-N (P) CD-C (P) CD-C (P)PF PC-4611 P C-405 3 R M D(N P ) PF PC- 2049 PC-3102 RM-30 PC-433 9 RM-30 R M- 30 PC-4436 CD-C(GF)(P) This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Project Site Parking District 0'232' 335-355 Alma Street CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2010 City of Palo Alto jarmer, 2011-03-09 12:39:14 (\\cc-maps\gis$\gis\admin\Personal\Planning.mdb) 1 EXHIBIT B DRAFT CONDITIONS OF APPROVAL 355 Alma St. 11PLN-00000-00045 ________________________________________________________________________ PLANNING DIVISION 1. The plans submitted for Building Permit shall be in substantial conformance with plans received and date stamped March 12, 2012, except as modified to incorporate these conditions of approval. 2. The ARB approval letter including all Department conditions of approval for the project shall be printed on the plans submitted for building permit. 3. Any exterior changes to the building such as size, location and exterior materials are subject to ARB review. 4. Any new signs associated with the project shall be required to receive architectural review board approval prior to installation. 5. All mitigation measures identified in the Mitigated Negative Declaration shall be incorporated into the project implementation. 6. The project is subject to meeting all the requirements of Palo Alto Municipal Code Chapter 18.44, the City’s Green Building Ordinance. 7. The financial contribution of $ $625,000 to the City of Palo Alto’s Affordable Housing Program (in addition to the $850,000 commercial in-lieu housing fee) shall be made paid prior to building permit issuance. 8. The financial contribution of $625,000 to the City’s In-Lieu Parking Fund and payment $1,476,200 to cover the in-lieu parking fee for 22 parking spaces shall be paid prior to building permit issuance. 9. Prior to Building Permit issuance the applicant shall return to ARB with final design details for the revised four-story building including final resolution of the 70-foot tower design, landscape screening at the northeast corner, signage, lighting details, and bike rack selection. 10. Prior to building occupancy, the lease agreement or a letter summarizing the terms of the lease agreement for the 1,640 square foot subsidized non-profit office space shall be provided to Director of Planning and Community Environment. 2 11. The planting of 13 new street trees along the western side of Alma Street shall be installed to the satisfaction of the Directors of Public Works and Planning and Community Environment. Approval of the installation shall be required prior to building occupancy. 12. The installation of all street and vehicular improvements provided as Public Benefit #13 in the approved PC Ordinance (Ordinance # XXXX) shall be installed to the satisfaction of the Directors of Public Works and Planning and Community Environment. Approval of the installation shall be required prior to building occupancy. 13. Development Impact fees with an estimated total of $1,288,700 must be paid prior to building permit issuance. This is an estimate and the final total may change based on date of building permit submittal PLANNING ARBORIST PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 1. SITE PLAN REQUIREMENTS. The Site Plans must show Type I or Type II fencing around the Street Trees a bold dashed line enclosing the Tree Protection Zone as shown on Detail #605, Sheet T-1, and the City Tree Technical Manual, Section 6.35-Site Plans. (Public Works may require: Extend the Type II street tree fencing to enclose the entire planter strip and from sidewalk to the outer branch dripline.) 2. SHEET T-1. The building permit plan set must include the city-provided, Sheet T-1 (Tree Protection-it's Part of the Plan!) Applicant shall complete and sign the sheet Tree Disclosure Statement. Inspection #1 applies to this project. DURING CONSTRUCTION 3. TREE PROTECTION VERIFICATION. Prior to demolition, grading or building permit issuance, a written verification from the contractor that the required protective fencing is in place shall be submitted to the Building Inspections Division. The fencing shall contain required warning sign and remain in place until final inspection of the project. Tree fencing shall be adjusted after demolition if necessary to increase the tree protection zone as required by the project arborist. 4. TREE DAMAGE. The applicant 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. 3 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 TRANSPORTATION DIVISION 1. Bike Parking: a) If placed on public right of way, short term bike parking shall be city standard (or to be determined decorative) inverted-U type racks, powder coated black i. One inverted rack = 2 short term spaces. Consider placing parallel or 45 degrees to curb. ii. If placed on public R.O.W., bike racks should be city standard. To be discussed further. b) Long Term bike parking lockers should be located a maximum of one level down from street level. i. Relocate lower level bike parking to street levels or one level down. ii. Consider a secure bike room for office use long term bike parking (12 spaces), and 14 lockers for residential 2. Include note on plans for off-street improvement of signal modification at Alma/Lytton. 3. The TDM plan shall be approved by the Director of Planning and Community Environment prior to the issuance of building permits for the site and shall include, at a minimum, transit passes or subsidies for all employees of the commercial spaces for the life of the project, car sharing, bike facilities, transportation information kiosks, and the designation of a transportation demand coordinator for the building. The TDM program shall include monitoring reports, which shall be submitted to the Director of Planning and Community Environment not later than two years after building occupancy and again not later than five years after building occupancy, noting the effectiveness of the proposed measures as compared to the initial performance targets and suggestions for modifications if necessary to enhance parking and/or trip reductions. Where the monitoring reports indicate that performance measures are not met, the Director may require further program modifications. Additionally, an agreement for compliance with targeted reductions (minimum 20% parking reduction) shall be developed between the owners and the City specifying a penalty schedule for non-compliance, graduated over the initial five years of the project and then for every five years thereafter and tied to equivalent fees for in-lieu parking. The agreement shall be in effect prior to building occupancy and shall be recorded to apply to subsequent owners as well. 4 4. The installation of all EV charging stations shall be approved by the Director of Planning and Community Environment prior to building occupancy. 5. The financial contribution of $250,000 to the City for Neighborhood Parking Preservation Projects or Programs shall be paid prior to building permit issuance. 6. The financial contribution of $60,000 to support the City’s efforts to initiate a parking analysis for Downtown parking improvements shall be paid prior to building permit issuance. 7. The applicant shall work with Transportation staff to develop and install signage that clearly indicates the location for all public parking spaces that are located on the subject property. PUBLIC WORKS ENGINEERING DIVISION 1. SIDEWALK, CURB & GUTTER: The applicant must install all new sidewalk, curb, gutter, driveway approach and planter strip in the public right-of-way along the property frontage per Public Works standards and/or as instructed by the Public Works Inspector. Any unused driveway approach shall be removed and replaced with curb and gutter. The applicant shall resurface the entire frontage of each street adjacent to the property per Public Works’ direction out to the centerline of the street. 2. STREET TREES: The applicant may be required to replace existing and/or add new street trees in the public right-of-way along the property’s frontages. Call the Public Works’ arborist at 650-496-6905 to arrange a site visit so he can determine what street tree work, if any, will be required for this project. The site plan submitted with the building permit plan set must show the street tree work that the arborist has determined, including the tree species, size, location, staking and irrigation requirements, or include a note that Public Works’ arborist has determined no street tree work is required. 3. SUBDIVISION APPLICATION: The applicant needs to file a Minor Subdivision application with the Planning Department concerning the merger of existing parcels within the project site. 4. GRADING & EXCAVATION PERMIT: An application for a grading & excavation permit must be submitted to Public Works when applying for a building permit. The plans must include a table providing the cubic yardage of dirt being cut and filled. The application and guidelines are available at the Development Center and on our website. 5. EXCAVATION SHORING: Shoring for the excavation, including tiebacks, must not extend onto adjacent private property or into the City right-of-way without 5 having first obtained written permission from the private property owners and/or an Encroachment Permit from Public Works. Public Works will not allow any of the shoring system to remain in the public right-of-way after construction is complete except tiebacks. 6. DEWATERING: Basement excavations may require dewatering during construction. Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is disallowed. Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level. We recommend a piezometer to be installed in the soil boring. The contractor must determine the depth to groundwater immediately prior to excavation by using the piezometer or by drilling an exploratory hole if the deepest excavation will be within 3 feet of the highest anticipated groundwater level. If groundwater is within 3 feet of the deepest excavation, a drawdown well dewatering system must be used, or alternatively, the contractor can excavate for the basement and hope not to hit groundwater, but if he does, he must immediately stop all work and install a drawdown well system before he continues to excavate. Public Works may require the water to be tested for contaminants prior to initial discharge and at intervals during dewatering. If testing is required, the contractor must retain an independent testing firm to test the discharge water for the contaminants Public Works specifies and submit the results to Public Works. 7. GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a licensed professional that includes existing and proposed spot elevations and drainage flow arrows to demonstrate proper drainage of the site. Adjacent grades must slope away from the buildings a minimum of 2%. Downspouts and splashblocks should be shown on this plan, as well as any site drainage features such as swales. Grading will not be allowed that increases drainage onto, or blocks existing drainage from, neighboring properties. Public Works generally does not allow rainwater to be collected and discharged into the street gutter, but encourages the developer to keep rainwater onsite as much as feasible by directing runoff to landscaped and other pervious areas of the site. 8. STORM WATER TREATMENT: This project shall comply with the storm water regulations contained in provision C.3 of the NPDES municipal storm water discharge permit issued by the San Francisco Bay Regional Water Quality Control Board (and incorporated into Palo Alto Municipal Code Chapter 16.11). These regulations apply to land development projects that create or replace 10,000 square feet or more of impervious surface. In order to address the potential permanent impacts of the project on storm water quality, the applicant shall incorporate into the project a set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality, subject to the approval of the Public Works Department. The applicant shall identify, size, design and incorporate permanent storm water pollution prevention measures 6 (preferably landscape-based treatment controls such as bioswales, filter strips, and permeable pavement rather than mechanical devices that require long-term maintenance) to treat the runoff from a “water quality storm” specified in PAMC Chapter 16.11 prior to discharge to the municipal storm drain system. In addition, the applicant shall designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City. The City will inspect the treatment measures yearly and charge an inspection fee. 9. UPDATE: New regulations regarding third-party certifications of storm water treatment designs and installations went into effect 2/10/11. Prior to the issuance of the building permit, the project applicant shall submit a certification by a qualified third-party reviewer that the design of the project complies with the requirements of PAMC Chapter 16.11. Prior to issuance of an occupancy permit, the project applicant shall submit a certification by a qualified third-party reviewer that the project’s permanent storm water pollution prevention measures were constructed or installed in accordance with the approved plans. A list of qualified third-party reviewers is available at: http://www.scvurppp- w2k.com/consultants.htm Also, as of December 1, 2011, additional new storm water use and treatment requirements will go into effect that may apply to this project. 10. STORMWATER POLLUTION PREVENTION: The developer shall require its contractor to incorporate best management practices (BMP's) for stormwater pollution prevention in all construction operations, in conformance with the Storm Water Pollution Prevention Plan prepared for the project. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. (PAMC Chapter 16.09). 11. STREET TREES: Show all existing street trees in the public right-of-way. Any removal, relocation or planting of street trees; or excavation, trenching or pavement within 10 feet of street trees must be approved by Public Works' arborist (phone: 650-496-5953). This approval shall appear on the plans. Show construction protection of the trees per City requirements. 12. WORK IN THE RIGHT-OF-WAY: The plans must clearly indicate any work that is proposed in the public right-of-way, such as sidewalk replacement, driveway approach, or utility laterals. The plans must include notes that the work must be done per City standards and that the contractor performing this work must first obtain a Permit for Construction in the Public Street (“street work permit”) from Public Works at the Development Center. If a new driveway is in a different location than the existing driveway, then the sidewalk associated with the new driveway must be replaced with a thickened (6” thick instead of the standard 4” thick) section. Additionally, curb cuts for abandoned driveways must be replaced with new curb and gutter. 13. SIDEWALK ENCROACHMENT: Add a note to the site plan that says, “The 7 contractor using the City sidewalk to work on an adjacent private building must do so in a manner that is safe for pedestrians using the sidewalk. Pedestrian protection must be provided per the 2010 California Building Code Chapter 33 requirements. If the height of construction is 8 feet or less, the contractor must place construction railings sufficient to direct pedestrians around construction areas. If the height of construction is more than 8 feet, the contractor must obtain an Encroachment Permit from Public Works at the Development Center in order to provide a barrier and covered walkway or to close the sidewalk.” No storage of construction materials is permitted in the street or on the sidewalk. 14. LOGISTICS PLAN: Add a note to the site plan that says, “The contractor must submit a logistics plan to the Public Works Department prior to commencing work that addresses all impacts to the City’s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact, noticing of affected businesses, and schedule of work. The plan will be attached to a street work permit. 15. “NO DUMPING” LOGO: The applicant is required to paint the “No Dumping/Flows to San Francisquito Creek” logo in blue color on a white background, adjacent to all storm drain inlets. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. A deposit may be required to secure the return of the stencil. Include the instruction to paint the logos on the construction grading and drainage plan. 16. 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. UTILITIES-ELECTRICAL ENGINEERING GENERAL 1. The applicant shall comply with all the Electric Utility Engineering Department service requirements noted during plan review. 2. The applicant shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, the applicant shallcontact Underground Service Alert (USA) at 1-800-227- 2600, at least 48 hours prior to beginning work. 8 3. The applicant shall submit a request to disconnect all existing utility services and/or meters 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 removed. THE FOLLOWING SHALL BE INCORPORATED IN SUBMITTALS FOR ELECTRIC SERVICE 1. A completed Electric Load Sheet and a full set of plans must be included with all applications involving electrical work. The load sheet must be included with the preliminary submittal. 2. Industrial and large commercial customers must allow sufficient lead-time for Electric Utility Engineering and Operations (typically 8-12 weeks after advance engineering fees have been paid) to design and construct the electric service requested. 3. Only one electric service lateral is permitted per parcel. Utilities Rule & Regulation #18. 4. The location of the transformers shall be shown on the site plan and approved by the Utilities Department and the Architectural Review Board. Utilities Rule & Regulations #3 & #16 (see detail comments below). See sketch at the end of this document of location of transformer. 5. The developer/owner shall provide space for installing padmount equipment (i.e. transformers,switches, and interrupters) and associated substructure as required by the City. 6. The customer shall install all electrical substructures (conduits, boxes and pads) required from the service point to the customer’s switchgear. The design and installation shall be according to the City standards and shown on plans. Utilities Rule & Regulations #16 & #18. 7. Location of the electric panel/switchboard shall be shown on the site plan and approved by the Architectural Review Board and Utilities Department. 8. 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. 9 9. For services larger than 1600 amps, the customer will be required to provide a transition cabinet as the interconnection point between the utility’s padmount transformer and the customer’s main switchgear. The cabinet design drawings must be submitted to the Electric Utility Engineering Department for review and approval. 10. For underground services, no more than four (4) 750 MCM conductors per phase can be connected to the transformer secondary terminals; otherwise, bus duct must be used for connections to padmount transformers. If customer installs a bus duct directly between the transformer secondary terminals and the main switchgear, the installation of a transition cabinet will not be required. 11. The customer is responsible for sizing the service conductors and other required equipment according to the National Electric Code requirements and the City standards. Utilities Rule & Regulation #18. 12. If the customer’s total load exceeds 2500 kVA, service shall be provided at the primary voltage of 12,470 volts and the customer shall provide the high voltage switchgear and transformers. 13. Any additional facilities and services requested by the Applicant that are beyond what the utility deems standard facilities will be subject to Special Facilities charges. The Special Facilities charges include the cost of installing the additional facilities as well as the cost of ownership. Utilities Rule & Regulation #20. DURING CONSTRUCTION 1. 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. 2. 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 check by USA shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction is complete. 3. The customer is responsible for installing all on-site substructures (conduits, boxes and pads) required for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All conduits must be sized according to National Electric Code requirements and no 1/2 – inch size conduits are permitted. All off-site substructure work will be constructed by the City at the customer’s expense. 10 Where mutually agreed upon by the City and the Applicant, all or part of the off- site substructure work may be constructed by the Applicant. 4. All primary electric conduits shall be concrete encased with the top of the encasement at the depth of 30 inches. No more than 180 degrees of bends are allowed in a primary conduit run. Conduit runs over 500 feet in length require additional pull boxes. 5. All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 6. The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meet the National Electric Code and the City Standards. 7. Meter and switchboard requirements shall be in accordance with Electric Utility Service Equipment Requirements Committee (EUSERC) drawings accepted by Utility and CPA standards for meter installations. 8. Shop/factory drawings for switchboards (400A and greater) and associated hardware must be submitted for review and approval prior to installing the switchgear to: Gopal Jagannath, P.E. Supervising Electric Project Engineer Utilities Engineering (Electrical) 1007 Elwell Court Palo Alto, CA 94303 9. Catalog cut sheets may not be substituted for factory drawing submittal. 10. All new underground electric services shall be inspected and approved by both the Building Inspection Division and the Electrical Underground Inspector before energizing. AFTER CONSTRUCTION & PRIOR TO FINALIZATION 1. The customer shall provide as-built drawings showing the location of all switchboards, conduits (number and size), conductors (number and size), splice boxes, vaults and switch/transformer pads. PRIOR TO ISSUANCE OF BUILDING OCCUPANCY PERMIT 1. The applicant shall secure a Public Utilities Easement for facilities installed on private property for City use. 2. All required inspections have been completed and approved by both the Building Inspection Division and the Electrical Underground Inspector. 11 3. All fees must be paid. 4. All Special Facilities contracts or other agreements need to be signed by the City and applicant. ADDITIONAL COMMENTS • Roland.Ekstrand (Utilities Water Gas wastewater) has confirmed that the front left corner is the only logical location for the water RPA. Therefore we are approving the far left corner for the transformer and primary/secondary trench location. • The customer will sign an agreement stating that they will be financially and schedule-wise responsible for hiring a contractor to fork lift the transformer to its location in the back corner of the property (for the initial installation as well as emergency situation). The customer is responsible for any damage to the transformer/vaults caused by the customer/contractor during the installation process. The customer will also be responsible for fixing the conduit duct bank should it be damaged for any reason (ie, earth quake). Should the conduit duck bank be beyond repairable, the customer will be financially responsible to provide an alternate path. • With the new transformer location, CPAU suggests that the conduit duct bank will be installed near the property line between 355 Alma and 127 Lytton to save money on the 2 extra vaults that otherwise would have required with the original suggestion (trenching along Alma). • The red concrete covering the primary conduits shall be separated from the foundation concrete with a structural barrier material • At this time the customer is not sure of what size of panel, load or voltage will be used for this building. CPAU preferred option would be 277/480. However, we are open to other voltage request. • Attached are two sketches for the two different duct bank locations. Option 1 is for trenching along Alma then Lytton. Option 2 is for trenching across Lytton. UTILITILES-WATER,GAS,WASTEWATER PRIOR TO ISSUANCE OF DEMOLITION PERMIT 1. Prior to demolition, the applicant shall submit the existing water/wastewater fixture unit loads (and building as-built plans to verify the existing loads) to determine the capacity fee credit for the existing load. If the applicant does not 12 submit loads and plans they may not receive credit for the existing water/wastewater fixtures. 2. The applicant shall submit a request to disconnect all utility services and/or meters including a signed affidavit of vacancy. Utilities will be disconnected or removed 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. FOR BUILDING PERMIT 3. The applicant shall submit completed water-gas-wastewater service connection application - load sheets for each residential unit or business unit 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.p.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). 4. 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. Trees can not be planted within 10 feet of existing water, gas or sewer lines or meters. Utility vaults, transformers, utility cabinets, concrete bases, or other structures can not 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. 5. 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). 6. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services 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. 7. Sewer drainage piping serving fixtures located less than one foot above the next upstream sewer main manhole cover shall be protected by an approved backwater valve per California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall be shown on the plans. 8. Flushing of the fire system to sanitary sewer shall not exceed 30 GPM. Higher 13 flushing rates shall be diverted to a detention tank to achieve the 30 GPM flow to sewer. 9. Sewage ejector pumps shall meet the following conditions: 1. The pump(s) be limited to a total 100 GPM capacity or less. 2. The sewage line changes to a 4” gravity flow line at least 20’ from the City clean out. 3. The tank and float is set up such that the pump run time not exceed 20 seconds each cycle PRIOR TO ISSUANCE OF BUILDING PERMIT 10. The applicant's engineer shall submit flow calculations and system capacity study showing that the on-site and off-site water and sanitary sewer mains and services will provide the domestic, irrigation, fire flows, and wastewater capacity needed to service the development and adjacent properties during anticipated peak flow demands. Field testing may be required to determined current flows and water pressures on existing water main. Calculations must be signed and stamped by a registered civil engineer. The applicant is required to perform, at his/her expense, a flow monitoring study of the existing sewer main to determine the remaining capacity. The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the requirements and the approval of the WGW engineering section. No downstream overloading of existing sewer main will be permitted. 11. For contractor installed water and wastewater mains or services, the applicant shall submit to the WGW engineering section of the Utilities Department four copies of the installation of water and wastewater utilities off-site improvement plans in accordance with the utilities department design criteria. All utility work within the public right-of-way shall be clearly shown on the plans that are prepared, signed and stamped by a registered civil engineer. The contractor shall also submit a complete schedule of work, method of construction and the manufacture's literature on the materials to be used for approval by the utilities engineering section. The applicant's contractor will not be allowed to begin work until the improvement plan and other submittals have been approved by the water, gas and wastewater engineering section. After the work is complete but prior to sign off, the applicant shall provide record drawings (as-builts) of the contractor installed water and wastewater mains and services per City of Palo Alto Utilities record drawing procedures. 12. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) can not be re- used. 13. The applicant shall pay the capacity fees and connection fees associated with increased loads or the installation of the new utility service/s by the City of Palo 14 Alto Utilities. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 14. Each unit or place of business shall have its own water and gas meter shown on the plans. 15. A separate water meter and backflow preventer is required to irrigate the approved landscape plan. Show the location of the irrigation meter on the plans. This meter shall be designated as an irrigation account an no other water service will be billed on the account. The irrigation and landscape plans submitted with the application for a grading or building permit shall conform to the City of Palo Alto water efficiency standards. 16. An approved reduce 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’ of the property line. Show the location of the RPPA on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. The applicant shall provide the City with current test certificates for all backflows. 17. An approved reduced pressure detector assembly is required for the new water connection for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. reduced pressure detector assemblies shall be installed on the owner's property adjacent to the property line, within 5’ of the property line. Show the location of the reduced pressure detector assembly on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the City connection and the assembly. 18. A new gas service line installation is required. Show the new gas meter(s) location on the plans. The gas meter(s) location must conform with utilities standard details. The gas meters shall be ganged in one area on the outside of the building (on private property) as close to the point of connection as possible. 19. The applicant shall secure a public utilities easement for facilities installed in private property. The applicant's engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering section with copies of the public utilities easement across the adjacent parcels as is necessary to serve the development. 20. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilties procedures before the final acceptance for the project. 15 21. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. 22. For contractor installed water and wastewater mains or services, the applicant shall prepare and submit to the WGW engineering section of the Utilities Department as-built drawings at the completion of construction of the installation of water and wastewater utilities to be owned and maintained by the City in accordance with: 1. Two sets of as-built drawings (hard copies). 2. As-built drawings in 2008 or 2010 AutoCAD format. 3. As-built drawings in .tiff format. 4. Survey points in .csv format for all new utility features. Note: All survey data shall be collected by a California Licensed Land Surveyor. The surveyor is responsible to setup all control points needed to perform the survey work. The accuracy for all survey data shall be +/- 1cm. Survey data to be collected (what's applicable): I. Collect horizontal and vertical data for: 1. Sanitary sewer manholes (rim and invert elevations and depth) 2. Storm drain manholes and catch basins (rim and invert elevations and depth) 3. Water valves (cover and stem elevations) II. Collect horizontal data only for: 1. Service or lateral connection points at the main 2. Fire hydrants 3. Water meters 4. Sanitary sewer cleanout boxes Use CPAU WGW Engineering’s "feature codes" for naming convention available from CPAU WGW Engineering 1007 Elwell Ct, Palo Alto, CA 94303 (650) 566- 4501. All drawings and survey data shall be on the California State Plane Coordinate System - Zone 3 in units of feet. The horizontal datum shall be the North American Datum of 1983 (NAD83) and the vertical datum shall be based on Bestor 93. PUBLIC WORKS-OPERATIONS 1. All trash and recycling receptacles should be easily accessible for service with no obstacles. Applicant shall work with staff prior to building permit issuance to ensure proper size and number of receptacles. PUBLIC WORKS-TREES 16 1. Applicant shall work with staff to ensure all new street tree plantings are of the appropriate size and species prior to building permit issuance. PUBLIC WORKS WATER QUALITY PAMC 16.09.180(b)(9) Covered Parking Drain plumbing for parking garage floor drains must be connected to an oil/water separator with a minimum capacity of 100 gallons, and to the sanitary sewer system PAMC 16.09.180(b)(10) Dumpsters for New and Remodeled Facilities New buildings and residential developments providing centralized solid waste collection, except for single-family and duplex residences, shall provide a covered area for a dumpster. The area shall be adequately sized for all waste streams and designed with grading or a berm system to prevent water runon and runoff from the area. PAMC 16.09.180(b)(14) Architectural Copper On and after January 1, 2003, copper metal roofing, copper metal gutters, copper metal down spouts, and copper granule containing asphalt shingles shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. Replacement roofing, gutters and downspouts on historic structures are exempt, provided that the roofing material used shall be prepatinated at the factory. For the purposes of this exemption, the definition of "historic" shall be limited to structures designated as Category 1 or Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report and Inventory. PAMC 16.09.180(b)(5) Condensate from HVAC Condensate lines shall not be connected or allowed to drain to the storm drain system. PAMC 16.09.180(b)(b) Copper Piping Copper, copper alloys, lead and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical. The plans must specify that copper piping will not be used for wastewater plumbing. 16.09.180(12) Mercury Switches Mercury switches shall not be installed in sewer or storm drain sumps. PAMC 16.09.165(h) Storm Drain Labeling Storm drain inlets shall be clearly marked with the words "No dumping - Flows to Bay," or equivalent. Undesignated Retail Space: PAMC 16.09 Newly constructed or improved buildings with all or a portion of the space with undesignated tenants or future use will need to meet all requirements that would have 17 been applicable during design and construction. If such undesignated retail space becomes a food service facility the following requirements must be met: Designated Food Service Establishment (FSE) Project: A. Grease Control Device (GCD) Requirements, PAMC Section 16.09.075 & cited Bldg/Plumbing Codes a. The plans shall specify the manufacturer details and installation details of all proposed GCDs. (CBC 1009.2) b. GCD(s) shall be sized in accordance with the 2007 California Plumbing Code. c. GCD(s) shall be installed with a minimum capacity of 500 gallons. d. GCD sizing calculations shall be included on the plans. See a sizing calculation example below. e. The size of all GCDs installed shall be equal to or larger than what is specified on the plans. f. GCDs larger than 50 gallons (100 pounds) shall not be installed in food preparation and storage areas. Santa Clara County Department of Environmental Health prefers GCDs to be installed outside. GCDs shall be installed such that all access points or manholes are readily accessible for inspection, cleaning and removal of all contents. GCDs located outdoors shall be installed in such a manner so as to exclude the entrance of surface and stormwater. (CPC 1009.5) g. All large, in-ground interceptors shall have a minimum of three manholes to allow visibility of each inlet piping, baffle (divider) wall, baffle piping and outlet piping. The plans shall clearly indicate the number of proposed manholes on the GCD. The Environmental Compliance Division of Public Works Department may authorize variances which allow GCDs with less than three manholes due to manufacture available options or adequate visibility. h. Sample boxes shall be installed downstream of all GCDs. i. All GCDs shall be fitted with relief vent(s). (CPC 1002.2 & 1004) j. GCD(s) installed in vehicle traffic areas shall be rated and indicated on plans. B. Drainage Fixture Requirements, PAMC Section 16.09.075 & cited Bldg/Plumbing Codes k. To ensure all FSE drainage fixtures are connected to the correct drain lines, each drainage fixture shall be clearly labeled on the plans. A list of all fixtures and their discharge connection, i.e. sanitary sewer or grease waste line, shall be included on the plans. l. A list indicating all connections to each proposed GCD shall be included on the plans. This can be incorporated into the sizing calculation. m. All grease generating drainage fixtures shall connect to a GCD. These include but are not limited to: a. Pre-rinse (scullery) sinks b. Three compartment sinks (pot sinks) c. Drainage fixtures in dishwashing room except for dishwashers shall connect to a GCD d. Examples: trough drains (small drains prior to entering a dishwasher), small drains on busing counters adjacent to pre-rinse sinks or silverware soaking sinks e. Floor drains in dishwashing area and kitchens 18 f. Prep sinks g. Mop (janitor) sinks h. Outside areas designated for equipment washing shall be covered and any drains contained therein shall connect to a GCD. i. Drains in trash/recycling enclosures j. Wok stoves, rotisserie ovens/broilers or other grease generating cooking equipment with drip lines k. Kettles and tilt/braising pans and associated floor drains/sinks n. The connection of any high temperature discharge lines and non-grease generating drainage fixtures to a GCD is prohibited. The following shall not be connected to a GCD: a. Dishwashers b. Steamers c. Pasta cookers d. Hot lines from buffet counters and kitchens e. Hand sinks f. Ice machine drip lines g. Soda machine drip lines h. Drainage lines in bar areas o. No garbage disposers (grinders) shall be installed in a FSE. (PAMC 16.09.075(d)). p. Plumbing lines shall not be installed above any cooking, food preparation and storage areas. q. Each drainage fixture discharging into a GCD shall be individually trapped and vented. (CPC 1014.5) C. Covered Dumpsters, Recycling and Tallow Bin Areas PAMC, 16.09.075(q)(2) r. New buildings constructed to house FSEs shall include a covered area for all dumpsters, bins, carts or container used for the collection of trash, recycling, food scraps and waste cooking fats, oils and grease (FOG) or tallow. s. The area shall be designed and shown on plans to prevent water run-on to the area and runoff from the area. t. Drains that are installed within the enclosure for recycle and waste bins, dumpsters and tallow bins serving FSEs are optional. Any such drain installed shall be connected to a GCD. u. If tallow is to be stored outside then an adequately sized, segregated space for a tallow bin shall be included in the covered area. D. Large Item Cleaning Sink, PAMC 16.09.075(m)(2)(B) v. FSEs shall have a sink or other area drain which is connected to a GCD and large enough for cleaning the largest kitchen equipment such as floor mats, containers, carts, etc. Recommendation: Generally, sinks or cleaning areas larger than a typical mop/janitor sink are more useful. E. GCD sizing criteria and an example of a GCD sizing calculation (2007 CPC) Sizing Criteria: GCD Sizing: Drain Fixtures DFUs Total DFUs GCD Volume 19 (gallons) Pre-rinse sink 4 8 500 3 compartment sink 3 21 750 2 compartment sink 3 35 1,000 Prep sink 3 90 1,250 Mop/Janitorial sink 3 172 1,500 Floor drain 2 216 2,000 Floor sink 2 Example GCD Sizing Calculation: Note: w. All resubmitted plans to Building Department which include FSE projects shall be resubmitted to Water Quality. x. It is frequently to the FSE’s advantage to install the next size larger GCD to allow for more efficient grease discharge prevention and may allow for longer times between cleaning. There are many manufacturers of GCDs which are available in different shapes, sizes and materials (plastic, reinforced fiberglass, reinforced concrete and metal) y. The requirements will assist FSEs with FOG discharge prevention to the sanitary sewer and storm drain pollution prevention. The FSE at all times shall comply with the Sewer Use Ordinance of the Palo Alto Municipal Code. The ordinances include requirements for GCDs, GCD maintenance, drainage fixtures, record keeping and construction projects. BUILDING DIVISION Quantity Drainage Fixture & Item Number DFUs Total 1 Pre-rinse sink, Item 1 4 4 1 3 compartment sink, Item 2 3 3 2 Prep sinks, Item 3 & Floor sink, Item 4 3 6 1 Mop sink, Item 5 3 3 1 Floor trough, Item 6 & tilt skillet, Item 7 2 2 1 Floor trough, Item 6 & steam kettle, Item 8 2 2 1 Floor sink, Item 4 & wok stove, Item 9 2 2 4 Floor drains 2 8 1,000 gallon GCD minimum sized Total: 30 20 1. Since this building is more than two stories above grade, provide Mixed Use area calculations using Equation 5-1 in CBC Section 506.1 so that we can verify the area of each floor is less than the allowable area for the Occupancy Use and Type of Construction. In addition, provide the allowable area calculations of the entire building based on CBC Section 506.5 2. Where the aggregate sum of the ratios of the actual story divided by the allowable for each floor does not exceed 3. Note that occupied roofs are considered an additional story. CBC 503, 504, 506, 508 and 509. 2. The S-1 Garage Occupancy or other S occupancy cannot have more than 29 occupants where only one exit is provided. CBC Table 1004.1.1 and CBC Table 1015.1. Provide an exiting plan for each story so that we may verify the proposed means of egress. CBC 1003. 3. Relocate the accessible parking spaces so that persons with disabilities are not compelled to walk or wheel behind parked cars other than their own. CBC 1129B.4.3, CBC 1129B.1 4. In addition to the required accessible parking spaces on Parking Level 1, redistribute accessible parking spaces so that there are spaces on the other parking levels P-2, P25 and First Floor. 5. All dwelling units on the 5th floor shall be adaptable and accessible. The story of the unit that is served by the building elevator is considered a ground floor and compliance is required with the requirements of CBC 1102A.3.2. 6. Exterior walls and openings located less than 5 ft from the property line are required to be rated and exterior wall openings located less than 3 ft from the property lines are not permitted. The maximum allowable area of protected openings permitted in an exterior wall located less than 5 ft is 15%. Provide wall area and window opening percentage calculations to verify the allowable area of openings in the exterior wall. Construction of exterior walls shall comply with CBC Section 601, 602 and 705. 7. Provide an exit diagram to verify the exit doors are arranged on each floor level to be separated in accordance with the minimum dimensions in CBC 1015.2.1. 8. Due to the construction type of this building, 3rd party outside plan check review will be required. FIRE 1. Any redevelopment shall be conducted with safeguarding of any monitoring wells on site. 2. Redevelopment shall not be conducted in such a way that future investigation or cleanup activities are impinged. 21 3. Install a monitored NFPA 13 fire sprinkler system 4. A valid Use & Occupancy Permit is required. City of Palo Alto (ID # 2613) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 4 (ID # 2613) Summary Title: Page Mill Rd & Moody Av-Buena Vista Improvements Title: Approval of an Agreement with the Town of Los Altos Hills and the County of Santa Clara for the Recovery of Two Thirds of the Costs ($33,3334) for Improvements at Page Mill Road & Buena Vista Avenue-Moody Road From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council authorize the City Manager to enter into an Agreement with the Town of Los Altos Hills and the County of Santa Clara providing for the City to construct certain improvements at the intersection of Page Mill Road & Buena Vista Drive-Moody Road with the three parties sharing equally in the City’s construction cost. Executive Summary The intersection of Page Mill Road & Buena Vista Drive-Moody Road serves as the jurisdiction boundary between the City of Palo Alto, Town of Los Altos Hills and County of Santa Clara. In Palo Alto the intersection also serves as the boundary for park lands from Foothills Park. When necessary, each agency works cooperatively with the others to implement improvements as required for operational enhancements or to respond to customer service requests. In June 2011, the City of Palo Alto and County of Santa Clara implemented a series of improvements at the intersection in response to a request from the Town of Los Altos Hills, whose residents on Buena Vista Drive were expressing concerns regarding sight distance. The City performed grading improvements and the removal of shrubbery and several small trees while the County implemented warning sign and roadway marking improvements. The Town of Los Altos Hills is now requesting additional improvements at the intersection. The three partner June 04, 2012 Page 2 of 4 (ID # 2613) agencies have evaluated the request and identified additional work that would be responsive, including the removal of four additional trees (outside of the Park Land Boundary), additional grading along the edge of the roadway and erosion control improvements. The agencies agreed to a three-way cost share agreement for the additional work proposed. The work would be performed by the City of Palo Alto, and each agency will reimburse the City one-third of the City’s incurred costs for the project. Background The City of Palo Alto maintains the west half of the Page Mill Road & Buena Vista Drive-Moody Road intersection. The County maintains the east half of the intersection including Moody Road. The Town of Los Altos Hills maintains the south side of Page Mill Road along Buena Vista Avenue but Buena Vista Drive is a private-maintained road. The Town of Los Altos Hills controls land use decisions on Buena Vista Drive, and there are currently several single-family homes located on Buena Vista Drive. The increased residential traffic from Buena Vista Drive has resulted in increased concerns from residents regarding sight distance visibility at the intersection. Page Mill Road is also a popular recreational bicycle route. The City and County implemented a series of improvements at the Page Mill Road & Buena Vista Drive-Moody Road intersection in June 2011 at the request of the Town of Los Altos Hills. Improvements in June 2011 by the City and County included shrubbery removal along with roadway signage and markings improvements to guide motorists through the curves in the roadway at the intersection and to encourage proper placement prior to executing turns through the intersection. The recent improvements ensure that suggested State standards for stopping sight distance (150-FT) are satisfied for the posted 25-MPH signed speed limit of the street for vehicles traveling east downhill approaching the intersection. The minimum stopping sight distance requirements for Page Mill Road are actually based on the advisory speed of the intersection, 15 MPH, based on previous studies and the minimum stopping sight distance requirements for the intersection have always been satisfied. Discussion June 04, 2012 Page 3 of 4 (ID # 2613) The Town of Los Altos Hills and its residents are now requesting additional improvements to further improve sight distance through the Page Mill Road & Buena Vista Drive-Moody Road intersection beyond the stopping sight distance standard of 150-FT. At the request of the City, the Town of Los Altos Hills funded a sight distance analysis to help them determine the level of improvements desired or feasible without significant capital infrastructure needs. A copy of the full report is provided within Attachment A. The report recommends two alternatives to improve sight distance at the intersection. Option 1 This option recommends additional grading of Page Mill Road including the removal of three (3) trees and groups of shrubs up to the Park Land property of Foothills Park. This option improves stopping sight distance to 160-FT but also provides an increased 30-FT of visibility for vehicles traveling westbound up the hill from the entrance to Foot Hills Park. The consultants estimated cost for improvements of Option 1 is $105,000. Option 2 This option recommends all of the improvements in Option 1 and includes the removal of an additional three (3) trees, six (6) total, along with additional shrubbery removal. This option improves stopping sight distance to 180-FT for vehicles traveling east and an additional 40-FT of visibility for vehicles traveling west (10-FT additional over Option 1). The consultants estimated cost for improvements of Option 2 is $159,000, or an additional $54,000. Upon review of the Town’s study, staff from the City, Town, and County conducted a field analysis in February 2012. The City’s arborist identified two of the six suggested trees as inappropriate for removal due their size, type, and need to provide stabilization of the hillside along Page Mill Road. The City’s arborist also provided recommendations for material to further stabilize the hillside upon the completion of grading and shrubbery removal. Staff from the three agencies agreed to implement a modified improvement plan that implements all of the recommendations of the two options minus the removal of the two protected trees identified by the City’s arborist. The City agreed to implement the improvements using City forces and the Town and County agreed to reimburse the City their fair-share cost of the improvements, up June 04, 2012 Page 4 of 4 (ID # 2613) to one-third each of expenses incurred by the City. The cost estimate for the agreed-upon improvement plan is $100,000. Upon execution of a Memorandum of Understanding (MOU) between the three agencies (Attachment A), the City will establish a charge number to track expenses for the project including Project Management, staff time and resources, equipment use and rental, and disposal of materials. Pending approval of the MOU, the City anticipates implementation of the improvements in July. Resource Impact The initial cost of improvements for the Page Mill Road & Buena Vista Drive- Moody Avenue improvements will be covered using CIP PL-1200, Transportation & Parking Improvements. Upon completion of the project, the City will invoice the Town of Los Altos Hills and the County of Santa Clara for recovery of two- thirds of the overall project costs estimated at $33,333 each. The City’s portion of the costs is expected to amount to one-third of the overall costs, or about $33,334. Environmental Review Improvements along the Page Mill Road & Buena Vista Drive-Moody Avenue intersection involves no expansion of the existing use and are being performed for the purpose of maintenance and safety. This project is therefore exempt from review under the California Environmental Quality Act (CEQA) Categorical Exemption Section 15301, Class I (Existing Facilities). Attachments: Attachment A: Page Mill Road Memorandum of Understanding with Los Altos Hills and Santa Clara County (PDF) Prepared By: Jaime Rodriguez, Chief Transportation Official Department Head: Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager May 14, 2012 Mr. Carl Cahill Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Mr. Michael Murdter Santa Clara County – Roads & Airports 1505 Schallenberger Road San Jose, CA 95131 Subject: Memorandum of Understanding (“MOU”) Page Mill Road & Moody Avenue-Buena Vista Avenue Intersection Improvements This letter agreement is to document the understanding and agreement between the City of Palo Alto (“City”), Town of Los Altos Hills (“Town”), and the County of Santa Clara (“County”), hereby collectively referred to as “Parties” for construction of intersection improvements at Page Mill Road & Buena Vista Avenue-Moody Avenue (“Intersection”) for the purpose of enhancing stopping sight distance on Page Mill Road at the request of the Town. 1. Project Background The Intersection serves as the jurisdiction boundary between the Parties (Attachment A – Intersection Jurisdiction Boundary Map). In Summer 2011 the City and County implemented improvements at the Intersection to help improve the stopping sight distance on Page Mill Road beyond the 15-MPH advisory stopping sight distance to 150-FT, the minimum required stopping distance for the 25-MPH posted speed limit of Page Mill Road. The City completed grading and tree/shrubbery removal work while the County implemented roadway markings and signage improvements. The Town is requesting completion of additional improvements to enhance the stopping sight distance of Page Mill Road beyond the recommended standard of 150-FT. The Town completed a feasibility study (Attachment B – Los Altos Hills Page Mill Road Sight Distance Feasibility Memorandum) to determine the Town’s preferred level of improvements and is requesting an increase in the stopping sight distance of Page Mill Road up to 180-FT through the removal of additional trees/shrubby and grading work. The Parties agree to work together to assist the Town in increasing the stopping sight distance of Page Mill Road as described in this agreement. To: Carl Cahill – Town of Los Altos Hills and Michael Murdter – County of Santa Clara Date: May 14, 2012 Subject: MOU Page Mill Road & Moody Avenue-Buena Vista Avenue Intersection Improvements Page: 2 of 25 2. Project Description The Parties agree that the City shall complete the work shown in the Improvement Plan attached as Attachment C, including removing four (4) shrubs, four (4) trees, and grading of the hillside beyond that previously graded by the City to a 1:5:1 slope in efforts to attain a new stopping sight distance of 180-FT. Prior to tree removal and grading, the City’s Arborist will flag the four (4) trees and four (4) shrubs for removal following the City’s practice for community notifications and comment practices for tree removal. City forces will remove the trees and shrubbery and complete the grading work. Upon completion of the grading the City will provide Jute Netting to provide erosion control along the new grading limits and to help stabilize the hillside. 3. Cost Sharing for Project Improvements The Parties through this MOU agree to fund the improvement outlined in Section 2 – Project Description of this MOU. The City will use City – Department of Public Works staff and resources to complete those improvements. The Town and Country agree to reimburse the City for each entity’s one-third fair-share cost of the City’s accrued expenses, up to Thirty Three Thousand Dollars ($33,000) each based on the Project Cost Estimate provided in Attachment D. Payment to the City shall be provided within forty- five days of completion of the work and invoicing by the City. The City will maintain an expense report of the project to identify all costs, including but not limited to project management, construction, debris removal, material, and inspection costs and provide a detailed project expense report with the project invoices to the Town and County. 4. Project Maintenance Upon completion of the project, the City will provide maintenance of the type, frequency, and extent consistent with maintenance for similar projects in similar areas of the City. The Town or County may request to perform enhanced maintenance in their area, provided such maintenance shall be at their own expense and that they have obtained appropriate permits from the City. 5. 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 County, the Town and the 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 by Government Code To: Carl Cahill – Town of Los Altos Hills and Michael Murdter – County of Santa Clara Date: May 14, 2012 Subject: MOU Page Mill Road & Moody Avenue-Buena Vista Avenue Intersection Improvements Page: 3 of 25 Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this MOU. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this MOU. Upon final approval of this MOU by the Parties the City will schedule the work within sixty (60) calendar days. Page 4 of 25 City of Palo Alto – Town of Los Altos Hills – County of Santa Clara Memorandum of Understanding for Page Mill Road & Moody Avenue-Buena Vista Avenue Intersection Improvements Project work scope and cost sharing conditions as identified in this project Memorandum of Understanding. Agreed: Approved as to Form & Legality: City of Palo Alto: James Keene Melissa Tronquet City Manager, City of Palo Alto Sr. Deputy City Attorney Date Date Town of Los Altos Hills Carl Cahill Steven Mattas City Manager, Town of Los Altos Hills Sr. Deputy City Attorney Date Date County of Santa Clara Michael Murdter Elizabeth Pianca Director, Roads & Airports Department Deputy County Attorney Date Date Page 5 of 25 Attachment A Page Mill Road & Moody Avenue-Buena Vista Avenue Jurisdiction Map Page 6 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report Page 7 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 8 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 9 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 10 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 11 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 12 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 13 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 14 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 15 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 16 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 17 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 18 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 19 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 20 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 21 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 22 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 23 of 25 Attachment B Los Altos Hills - Page Mill Road Sight Distance Feasibility Report (Continued) Page 24 of 25 Attachment C Page Mill Road & Buena Vista Drive-Moody Avenue Tri-Agency Agreed Upon Improvement Plan Page 25 of 25 Attachment D Page Mill Road & Buena Vista Drive-Moody Avenue Tri-Agency Agreed Upon Improvement Plan – Cost Estimate City of Palo Alto (ID # 2836) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/4/2012 June 04, 2012 Page 1 of 4 (ID # 2836) Summary Title: Professional Services Agreement with NCPA Title: Adoption of a Resolution Approving a Professional Services Agreement between the Northern California Power Agency and the Cities of Alameda, Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council adopt a resolution approving, and authorizing the City Manager to execute, the Professional Services Agreement between the Northern California Power Agency and the Cities of Alameda, Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services. Executive Summary Since 2003, the Northern California Power Agency (NCPA) has provided the Cities of Palo Alto, Alameda and Santa Clara professional consulting services related to electric transmission issues affecting the three cities. The three cities (collectively the Bay Area Municipal Transmission Group, or BAMx) require consulting services unique from other NCPA members, because of the BAMx members’ location in the Bay Area, an area that has electric transmission constraints. NCPA has a contract with Flynn Resource Consultants, Inc. (Flynn RCI) to provide these professional consulting services to BAMx. The current contract between NCPA and Flynn RCI expires on June 30, 2012 and NCPA has prepared a new agreement to continue the consulting services for Fiscal Year (FY) 2013. For consulting agreements executed by NCPA on behalf of one, or a subset of, NCPA members, NCPA requires that those members enter into a Professional Services Agreement with NCPA. The City’s share of the one-year Flynn RCI contract will cost up to a maximum of $169,703. The benefits from this contract include being able to position the BAMx members to argue against higher increases in transmission charges, which are estimated to double from $12 million to $24 million annually for Palo Alto. June 04, 2012 Page 2 of 4 (ID # 2836) Background NCPA is a joint powers agency whose members are municipal electric utilities, including the City. NCPA arranges for delivery of the City’s electric power and manages electric resources that the City jointly owns with other NCPA members. In 2003, the City, along with the Cities of Alameda and Santa Clara, requested that NCPA provide professional consulting services related to electric transmission, power generation, regulatory issues, and electric market design issues affecting the three cities. Prior to 2003, the City had a contract with Flynn RCI to provide regulatory and technical consulting services for the City’s electric utility. Following the 2000/2001 California electricity market crisis, the California Independent System Operator (CAISO) initiated a major redesign of the electricity markets, in which the City participated with the consulting assistance of Flynn RCI. The Cities of Palo Alto, Alameda, and Santa Clara identified common interests in advocating for certain market design proposals and hence formed the group referred to as BAMx. Recognizing their need for technical and regulatory consulting services, the BAMx members considered ways to reduce costs by sharing a consultant. The options considered included forming a new joint powers agency that would then retain a consultant; entering into three separate consulting agreements with one consulting company; or working through NCPA. At the time the members decided that the best alternative was to ask NCPA to provide the consulting services, thereby reducing administrative costs and facilitating coordination with other NCPA members when common interests were identified. The wider NCPA membership was not engaged in the issues of interest to BAMx, so on March 1, 2003 NCPA entered into a consulting agreement with Flynn RCI to provide these services to the BAMx members. Since March 2003, Flynn RCI has been representing BAMx in Bay Area electric transmission expansion planning processes, at CAISO proceedings related to electric market design in California, in filings at the Federal Energy Regulatory Commission, and in other regional electric transmission planning venues. An early success for BAMx was the implementation of a single hourly market price that is charged to electric load in Northern California. Earlier proposals would have had electric customers paying different prices according to their location on the electric grid. For customers of the City’s electric utility this would have meant exposure to higher anticipated market prices because of the City’s location in the electric transmission constrained Bay Area. BAMx, through its consultant, has also advocated for improved reliability of electricity transmission service in to the Bay Area, and has influenced the CAISO’s electric transmission planning process to provide for more effective stakeholder participation. Discussion As the current contract expires on June 30, 2012, NCPA staff has prepared a new agreement to continue the consulting services from Flynn RCI for FY 2013. NCPA also requires that the BAMx members execute a new Professional Services Agreement for FY 2013. The Professional Services Agreement between NCPA and the BAMx members (Attachment B) states that NCPA is performing or providing these services at the request of the BAMx June 04, 2012 Page 3 of 4 (ID # 2836) members, and formalizes NCPA’s role in processing invoices from Flynn RCI and allocating the monthly charges to each BAMx member. The allocation of charges between the BAMx members is in proportion to each member’s share of energy delivered in the calendar year prior to the contract term. For the contract period (July 1, 2012 through June 30, 2013), the City’s share is 22.403% based on energy deliveries in calendar year 2011. The agreement also contains provisions that limit NCPA’s liability and that of non-participating NCPA members. NCPA includes these protection provisions in all of its agreements, many of which the City is not a party to, but which achieve protections for the City as a non-participant. Resource Impact The City’s share of the Flynn RCI contract is incorporated into the Electric Fund’s proposed budget for FY 2013. The Consulting Agreement between NCPA and Flynn RCI (Attachment C) specifies a not-to-exceed contract amount of $750,000 for FY 2013. NCPA will also charge an annual fee of $7,500 for monthly billing and contract preparation and review. The City’s share is 22.4% of the total cost up to a maximum of $169,703 for the one-year contract term. The value to the City of participating in BAMx is the continued advocacy for fair and equitable electric market rules, beneficial electric transmission solutions, and effective stakeholder participation in electric transmission planning processes. BAMx is currently taking a lead role in advocating for rigorous economic and needs analyses in the CAISO’s latest transmission planning proceedings to build new transmission to potential renewable electric resource sites in remote locations. By the CAISO’s own estimations this new transmission could double the charge to electric utilities for transmission access, currently around $12 million a year for the City. Policy Implications Entering into this agreement does not create new policy, is consistent with existing policy, and is consistent with the Utilities Strategic Plan’s focus on system reliability and cost control. Environmental Review The provision of these services does not constitute a project pursuant to Section 21065 of the California Public Resources Code, thus no environmental review under CEQA is required. Attachments: Attachment A: Resolution for Professional Services Agreement with NCPA (PDF) Attachment B: FY13 BAMx Professional Services Agreement with NCPA (PDF) Attachment C: FY13 Flynn RCI Consulting Services Agreement with NCPA (PDF) Prepared By: Debra Lloyd, Sr. Resource Planner June 04, 2012 Page 4 of 4 (ID # 2836) Department Head: Valerie Fong, Director City Manager Approval: ____________________________________ James Keene, City Manager *NOT YET APPROVED* 120516 dm 00710022 Resolution No. _______ Resolution of the Council of the City of Palo Alto Approving the Professional Services Agreement between the Northern California Power Agency and the Cities of Alameda, Palo Alto and Santa Cara for Electric Transmission, Generation and Regulatory Consulting Services A. The City of Palo Alto (“City”), a municipal utility and a chartered city, is a member of the Northern California Power Agency (“NCPA”). B. In 2003, the City and NCPA member cities, Alameda and Santa Clara, formed an unincorporated association known as the Bay Area Municipal Transmission Group (“BAMx”). BAMx requested that NCPA provide professional consulting services related to electric transmission, power generation, regulatory issues, and electric market design issues affecting the BAMx members. C. Since 2003 NCPA has contracted with Flynn Resource Consultants, Inc. (“Flynn RCI”) to provide these consulting services to the BAMx members. D. The contract between NCPA and Flynn RCI expires on June 30, 2012 and NCPA staff has prepared a new agreement to continue the consulting services for Fiscal Year (FY) 2013. E. For consulting agreements executed by NCPA on behalf of one, or a subset of, NCPA members, NCPA requires the affected members to enter into a Professional Services Agreement with NCPA. That agreement specifies the terms and conditions under which NCPA will obtain the requested professional consulting services and allocate charges between the BAMx members. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council hereby approves the Professional Services Agreement Between Northern California Power Agency and the Cities of Alameda, Palo Alto and Santa Clara. The City Manager or designee is hereby authorized to sign the agreement on behalf of the City of Palo Alto. // // // *NOT YET APPROVED* 120516 dm 00710022 SECTION 2. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resource Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ _____________________________ Senior Assistant City Attorney City Manager _____________________________ Director of Utilities _____________________________ Director of Administrative Services 1 BAMx PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND THE CITIES OF ALAMEDA, PALO ALTO AND SANTA CLARA (THE "BAY AREA MUNICIPAL TRANSMISSION SERVICES AGREEMENT" OR "BAMx AGREEMENT") This Professional Services Agreement (“Agreement”) is made by and between the NORTHERN CALIFORNIA POWER AGENCY (“NCPA”), a joint powers agency and the Cities of Alameda, Palo Alto and Santa Clara (such cities each being a "Contracting Member" and jointly referred to as “Contracting Members” or "BAMx Participants"). NCPA and the Contracting Members are together sometimes referred to herein individually as a “Party” and collectively as “the Parties.” This Agreement is made as of July 1, 2012 (the “Effective Date”) in Roseville, California. Section 1. RECITALS This Agreement is entered into based on the following facts, among others: 1.1 NCPA is a public agency created by a joint powers agreement established under California law for the purpose of assisting its members in the efficient use of their common powers. 1.2 Contracting Members are engaged in, among other things, transmitting and distributing electric power within their respective corporate limits. Contracting Members are also each a member of NCPA. Contracting Members jointly desire that NCPA provide Contracting Members with the Services described in this Agreement. 1.3 Article III, section 3 of the “Amended and Restated Northern California Power Agency Joint Powers Agreement” (as amended and effective January 1, 2008) (hereinafter “JPA”) entitled “Powers and Functions” provides that "none of the debts, liabilities or obligations of NCPA shall be the debts, liabilities or obligations of any of the members of NCPA unless assumed in a particular case by resolution of the governing body of the member to be charged." Notwithstanding the foregoing, Article V, section 1 of the JPA entitled “General Provisions” provides that “[t]he governing Commission of NCPA is authorized to procure public liability and other insurance as it deems advisable to protect NCPA and each of the parties hereto, charging the cost thereof to the operating costs of NCPA.” 1.4 Contracting Members desire to secure NCPA’s Services under this Agreement in a manner that balances their interests and the interests of other NCPA members with the ongoing financial viability and professional responsibilities of NCPA. Accordingly, Contracting Members desire to secure NCPA’s Services under this Agreement by accepting a limited insurance based recourse against NCPA, with the option of procuring additional insurance at Contracting Members' sole expense. By so doing, the Parties thereby ensure that NCPA will substantially limit its risk for the provision of such Services and allocates risks back to the Contracting Members in the event NCPA is not adequately insured. 2 BAMx PROFESSIONAL SERVICES AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and promises set forth, NCPA and Contracting Members agree as follows: Section 2. DEFINITIONS Whenever used in this Agreement with initial capitalization, these terms shall have the following meanings as applicable, whether in the singular or plural: 2.1 "Good Utility Practice" shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result of the lowest reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region and consistently adhered to by the electric utility industry. 2.2 “NCPA Members” shall mean the signatories to the JPA or those agencies which have executed an Associate Member Agreement with NCPA. 2.3 “Stranded Costs” shall mean all costs incurred by NCPA in providing Services to Contracting Members under this Agreement that could not reasonably be avoided by NCPA from the date it receives a written Notice of Termination. Such costs may include, but not be limited to, salary and employment costs, rent, utilities, or contracts incurred to provide Services under this Agreement. In this regard, Contracting Members acknowledge that NCPA will be entering into professional services agreements with third persons under the terms of this Agreement, and that sums owing to such third persons may become Stranded Costs upon termination of this Agreement. Section 3. SERVICES TO BE PROVIDED; AUTHORIZED REPRESENTATIVES; STANDARD OF PERFORMANCE 3.1 This Agreement is entered into by the Parties in order for NCPA to provide services to Contracting Members for the services described in Exhibit A hereto (“Services”). The Services do not include supervision of the performance of any of the third persons with whom contracts are entered into; such supervision shall be provided by the Contracting Members. 3.2 The following are the Authorized Representatives of the parties for contract administration purposes under this Agreement: David Dockham, AGM Dave.Dockham@ncpa.com Northern California Power Agency 651 Commerce Drive Roseville, CA 95678 916-781-4207 916-781-4255 fax 3 BAMx PROFESSIONAL SERVICES AGREEMENT Debra Lloyd, Debra.Lloyd@cityofpaloalto.org 650-329-2369 Valerie Fong, Valerie.Fong@cityofpaloalto.org 650-329-2277 Fax 650-326-1507 City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 Girish Balachandran, Girish@alamedamp.com General Manager Alameda Municipal Power 2000 Grand Street P.O. Box H Alameda, CA 94501-0263 510-748-3908 510-748-3956 Janet Oppio, oppio@alamedamp.com Alameda Municipal Power 2000 Grand Street P.O. Box H Alameda, CA 94501-0263 510-814-6412 510-814-5699 Ken Sims, ksims@svpower.com 408-615-6678 Diana Shiles, Dshiles@svpower.com 408-615-6672 Fax 408-261-2717 1601 Civic Center Dr. # 201 Santa Clara, CA 95050 No Authorized Representative is authorized to amend any provision of this Agreement except in accordance with Section 12.16. 3.3 Standard of Performance. NCPA will perform the Services using that level of skill and attention reasonably required to complete the Services in a competent and timely manner. 3.4 Assignment of Personnel. NCPA shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that Contracting Members, in their sole discretion, at any time during the term of this Agreement, jointly desire the reassignment of any such persons, NCPA shall, immediately upon receiving notice from each Contracting Member of such desire of the Contracting Members, reassign such person or persons. 4 BAMx PROFESSIONAL SERVICES AGREEMENT 3.5 Time. NCPA shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 3.3, above and to satisfy NCPA’s obligations hereunder. Section 4. TERM AND TERMINATION 4.1 Authorization to Perform Services. NCPA is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until its receipt of a written resolution and/or other appropriate/applicable authorization from each Contracting Member’s governing body confirming each Contracting Member’s authority to enter into this Agreement and confirming that each Contracting Member has allocated funds for and approved contract payments to NCPA under this Agreement. 4.2 Term. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2013. 4.3 Early Termination and Stranded Costs. This Agreement may be terminated by either NCPA or by the Contracting Members, upon 30 days written notice to all other Parties (“Notice of Termination”). Provided, however, that a Notice of Termination on behalf of the Contracting Members shall be executed by each Contracting Member to be effective. In the event of an early termination, Contracting Members shall pay NCPA for all fees and costs required under this Agreement through the effective date of their Notice of Termination plus all Stranded Costs. Upon payment of the above amounts, no Parties shall have any further obligations under this Agreement except as otherwise set forth in Section 5.7 regarding the survival of defense and indemnity obligations. Section 5. INDEMNITY AND INSURANCE 5.1 Limitation of NCPA’s Liability. 5.1.1 Except as provided in this section 5.1, NCPA shall not at any time be liable for any injury or damage occurring to Contracting Members or any other person or property from any cause whatsoever arising out of this Agreement. 5.1.2 The provisions of section 5.1.1 shall not apply where the injury or damage occurring to Contracting Members is caused by the negligence of NCPA or of any employee, agent or contractor of NCPA; provided that any liability under this subsection is limited to the extent of the actual coverage and coverage limits of the NCPA insurance policies described in this Section 5. 5.1.3 Notwithstanding Section 5.1.2 above, the Contracting Members agree to reimburse NCPA, in a timely manner, for all deductibles and/or self-insured retentions payable for any claim, liability or damage arising out of this Agreement. 5.2 Indemnification of NCPA. Except as specified in Section 5.1.2 above, Contracting Members shall, at their sole cost and expense, indemnify and hold harmless NCPA and all associated, affiliated, allied, member and subsidiary entities of NCPA, now existing or hereinafter 5 BAMx PROFESSIONAL SERVICES AGREEMENT created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as “Indemnitees”), from and against any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees arising out of this Agreement. 5.3 Defense of Indemnitees. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Contracting Members shall, upon reasonable prior written notice from any of the Indemnitees, at Contracting Members' sole cost and expense, resist and defend the same with legal counsel mutually selected by Indemnitee and the Contracting Members, unless mutual selection of counsel is expressly prohibited by an applicable insurance policy; provided however, that neither Indemnitee nor Contracting Members shall admit liability in any such matter or on behalf of the other without express written consent, which consent shall not be unreasonably withheld or delayed, nor enter into any compromise or settlement of any claim for which Indemnitees are indemnified hereunder without prior express written consent. The Contracting Members' duty to defend shall begin upon receipt of a written notice identifying with specificity the allegations that give rise to this duty to defend. 5.4 Notice. The Parties shall give each other prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 5. 5.5 Insurance. During the term of the Agreement and prior to beginning any work under this Agreement, NCPA shall maintain, or cause to be maintained, in full force and effect, and at its sole cost and expense, the types and limits of insurance as are annually approved by the governing Commission of NCPA. The types and limits of insurance that are applicable to this Agreement are evidenced by list of insurance coverages which is attached hereto as Exhibit C. NCPA warrants and represents that the types of insurance and coverage limits shown in Exhibit C are in full force and effect and shall remain so during the term of this Agreement unless NCPA gives prior written notification (of not less than 15 days) of modification, cancellation or rescission of such coverage. 5.6 Contracting Members' Acknowledgment of Option to Secure Additional Insurance. The Contracting Members acknowledge that there are limitations on NCPA’s liability to the Contracting Members under this Section 5 and that the Contracting Members may need to purchase additional insurance of their own to cover the additional risks and the potential additional liabilities they are assuming under this Agreement. Contracting Members agree that they will, with respect to any additional insurance they obtain or which is otherwise available to Contracting Members, cause their insurers to issue an endorsement providing a waiver of subrogation rights as to Indemnitees. 5.7 Survival of Obligations. The defense and indemnity obligations of Section 5 shall survive the termination of this Agreement. Section 6. COMPENSATION 6 BAMx PROFESSIONAL SERVICES AGREEMENT 6.1 Charges and Reserves. 6.1.1. Monthly Charges. Charges for the Services provided hereunder shall be the sum of (a) and (b) below, and shall be billed separately to each BAMx Participant in accordance with Exhibit B: (a) Six-Hundred-Twenty-Five Dollars ($625) per month for services provided by NCPA to the BAMx Participants under this Agreement; and (b) Sixty-Two-Thousand-Five Hundred Dollars ($62,500) per month for services provided to the BAMx Participants directly by Flynn Resource Consultants Inc., under the CONSULTING SERVICES AGREEMENT BETWEEN THE NORTHERN CALIFORNIA POWER AGENCY AND Flynn Resource Consultants Inc., dated July 1, 2012. 6.1.2 Security Deposit. Contracting Members shall each maintain on deposit in its General Operating Reserve Account held at NCPA the sum of Zero Dollars ($0) as security to NCPA for liabilities NCPA could incur under this Agreement. Contracting Members hereby authorize NCPA to reserve and commit this sum in its General Operating Reserve Account for the payment of the aforementioned liabilities should same become necessary. Interest on monies held by NCPA pursuant to this section shall be credited in accordance with the then standard practices of NCPA relating to the General Operating Reserve Account. Section 7. BILLING AND PAYMENT 7.1 Invoices. NCPA shall submit invoices to Contracting Members, not more often than once a month during the term of this Agreement, for Services performed and reimbursable costs incurred prior to the invoice date. 7.2 Monthly Payment. Contracting Members shall make monthly payments, based on invoices received, for Services performed, and for authorized reimbursable costs incurred. Contracting Members shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay NCPA. Any amount due on a day other than a business day, i.e., any day except a Saturday, Sunday, or a Federal Reserve Bank holiday, may be paid on the following business day. If all or any portion of a bill is disputed by Contracting Members, the entire amount of the bill shall be paid when due, and NCPA’S Authorized Representative shall be concurrently provided written notice of the disputed amount and the basis for the dispute. NCPA shall reimburse any amount determined to have been incorrectly billed, within ten (10) days after such determination. Amounts which are not paid when due shall bear interest computed on a daily basis until paid at the lesser of (i) the per annum prime rate (or reference rate) of the Bank of America NT & SA, or its successor, then in effect, plus two per cent (2%) or (ii) the maximum rate permitted by law. The provisions of this Section 7 shall survive expiration of this Agreement until satisfied. 7 BAMx PROFESSIONAL SERVICES AGREEMENT 7.3 Contracting Members shall pay for the Services pursuant to this Agreement. Contracting Members shall not pay any additional sum for any expense or cost whatsoever incurred by NCPA in rendering Services pursuant to this Agreement. Contracting Members shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall NCPA submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment in accordance with this Agreement. 7.4 Hourly Fees. Fees for work performed by NCPA on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B. 7.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to Contracting Member. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 7.6 Payment of Taxes. NCPA is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 7.7 Payment upon Termination. In the event that Contracting Members or NCPA terminates this Agreement pursuant to Section 4, Contracting Members shall compensate the NCPA for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written Notice of Termination. NCPA shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 7.8 Authorization to Perform Services. NCPA is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from Contracting Member’s Contract Authorized Representative following receipt of the required approvals under the terms of this Agreement. 7.9 The addresses of Contracting Members to which invoices shall be sent is: Jon Abendschein City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 Fax: 650-326-1507 Alameda Municipal Power Assistant General Manager Energy Resource Planning 2000 Grand Street P.O. Box H 8 BAMx PROFESSIONAL SERVICES AGREEMENT Alameda, CA 94501-0263 Bob Kazlauskas City of Santa Clara Attn: Electric Department 1500 Warburton Ave Santa Clara, CA 95050 Bkazlauskas@svpower.com 408-615-6688 Fax: 408-261-2717 Section 8. STATUS OF NCPA; FACILITIES AND EQUIPMENT 8.1 Independent Contractor. At all times during the term of this Agreement, NCPA shall be an independent contractor and shall not be an employee of Contracting Members. Contracting Members shall have the right to control NCPA only insofar as the results of NCPA'S Services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 3.4; however, otherwise Contracting Members shall not have the right to control the means by which NCPA accomplishes Services rendered pursuant to this Agreement. Notwithstanding any other agency, state, local or federal policy, rule, regulation, law, or ordinance to the contrary, NCPA and any of its employees, agents, and subcontractors providing Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Contracting Members, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Contracting Member and entitlement to any contribution to be paid by Contracting Members for employer contributions and/or employee contributions for PERS benefits. 8.2 Facilities and Equipment. The facilities and equipment that may be necessary to perform the Services required by this Agreement shall be provided as follows: None. Section 9. UNCONTROLLABLE FORCES 9.1 Obligations of the Parties, other than those to pay money when due, shall be excused for so long as and to the extent that failure to perform such obligations is due to an Uncontrollable Force; provided, however, that if either Party is unable to perform due to an Uncontrollable Force, such Party shall exercise due diligence to remove such inability with reasonable dispatch. Nothing contained in this Agreement shall be construed as requiring a Party to settle any strike, lockout, or labor dispute in which it may be involved, or to accept any permit, certificate, contract, or any other service agreement or authorization necessary for the performance of this Agreement which contains terms and conditions which a Party determines in its good faith judgment are unduly burdensome or otherwise unacceptable. 9.2 Each Party shall notify the other promptly, by telephone to the other Party’s operating personnel and Authorized Representative identified in Section 3.2, upon becoming aware of any Uncontrollable Force which may adversely affect the performance under this Agreement. A Party shall additionally provide written notice in accordance with Section 12.8 to the other Party 9 BAMx PROFESSIONAL SERVICES AGREEMENT within 24 hours after providing. Each Party shall notify the other promptly, when an Uncontrollable Force has been remedied or no longer exists. Section 10. LEGAL REQUIREMENTS 10.1 Governing Law. The laws of the State of California shall govern this Agreement, without regard for the choice of law doctrine. 10.2 Compliance with Applicable Laws. NCPA and any subcontractors shall comply with all laws applicable to the performance of the Services hereunder. 10.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, NCPA and any subcontractors shall comply with all applicable rules and regulations to which Contracting Member is bound by the terms of such fiscal assistance program. 10.4 Licenses and Permits. NCPA represents and warrants to Contracting Member that NCPA and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. NCPA represents and warrants to Contracting Member that NCPA and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. 10.5 Nondiscrimination and Equal Opportunity. NCPA shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by NCPA under this Agreement. NCPA shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of NCPA thereby. NCPA shall include the provisions of this Subsection in any subcontract approved by Contracting Members' Contract Administrator or this Agreement. Section 11. KEEPING AND STATUS OF RECORDS. 11.1 Records Created as Part of NCPA’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that NCPA prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Contracting Members. NCPA hereby agrees to deliver those documents to the Contracting Members upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this 10 BAMx PROFESSIONAL SERVICES AGREEMENT Agreement are prepared specifically for the Contracting Members and are not necessarily suitable for any future or other use. Contracting Members and NCPA agree that, until final approval by Contracting Members, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties, except as may otherwise be required by applicable law. 11.2 NCPA’s Books and Records. NCPA shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Contracting Members under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the NCPA to this Agreement. 11.3 Inspection and Audit of Records. Any records or documents that Section 11.2 of this Agreement requires NCPA to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Contracting Member. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of any Contracting Member or as part of any audit of any of the Contracting Members, for a period of three (3) years after final payment under the Agreement. 11.4 Confidential Information and Disclosure. During the term of this Agreement, any Party (“Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to another Party (“Receiving Party”). All such Information made available in a tangible medium of expression (such as, without limitation, on paper or by means of magnetic tapes, magnetic disks or other computer media) shall be marked in a prominent location to indicate that it is the confidential, proprietary and trade secret information of Disclosing Party at the time of disclosure to Receiving Party. Receiving Party shall hold Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Receiving Party shall not attempt to reverse engineer or in any manner create any product or information which is similar in appearance to or based on the Information provided by Disclosing Party. Receiving Party shall not disclose Disclosing Party’s Information to any person other than Receiving Party’s employees, agents, contractors and subcontractors who have a need to know in connection with this Agreement. Receiving Party’s confidentiality obligations hereunder shall not apply to any portion of Disclosing Party’s Information which: (a) Has become a matter of public knowledge other than through an act or omission of Receiving Party; (b) Has been made known to Receiving Party by a third party in accordance with such third party’s legal rights without any restriction on disclosure; (c) Was in the possession of Receiving Party prior to the disclosure of such Information by Disclosing Party and was not acquired directly or indirectly from the other Party or any person or entity in a relationship of trust and confidence with the other Party with respect to such Information; (d) Receiving Party is required by law to disclose; or 11 BAMx PROFESSIONAL SERVICES AGREEMENT (e) Has been independently developed by Receiving Party from information not defined as "Information" in this Agreement, as evidenced by Receiving Party's written records. Receiving Party shall return or destroy Disclosing Party’s Information (including all copies thereof) to Disclosing Party promptly upon the earliest of any termination of this Agreement or the Disclosing Party’s written request. Notwithstanding the foregoing, Receiving Party may retain one copy of such Information solely for archival purposes, subject to the confidentiality provisions of this Agreement. The parties understand that each Party is a public entity and is subject to the laws that may compel either to disclose information about the other’s business. Section 12. MISCELLANEOUS PROVISIONS 12.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 12.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Placer or in the United States District Court for the Eastern District of California. 12.3 Severability. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable by federal or state statute or regulation, but the remaining portions of the Agreement can be enforced without failure of material consideration to any Party, then the remaining provisions shall continue in full force and effect. To that end, this Agreement is declared to be severable. Provided, however, that in the event any provision is declared to be invalid, void or unenforceable, any Party may terminate this Agreement upon 10 days written notice given within five (5) days of receipt of notice of final entry of judgment. 12.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 12.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 12.6 Use of Recycled Products. NCPA shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 12.7 Conflict of Interest. NCPA shall not employ any Contracting Members' official or employee in the work performed pursuant to this Agreement. No officer or employee of Contracting Member shall have any financial interest in this Agreement that would violate California 12 BAMx PROFESSIONAL SERVICES AGREEMENT Government Code Sections 1090 et seq. 12.8 Notices. Unless this Agreement requires otherwise, any notice, demand or request provided for in this Agreement, or served, given or made shall become effective when delivered in person, or sent by registered or certified first class mail, to the persons specified below: David Dockham Assistant General Manager – Power Management Northern California Power Agency 651 Commerce Drive Roseville, CA 95678 With a copy to: Michael F. Dean General Counsel, Northern California Power Agency c/o Meyers Nave 555 Capitol Mall, Suite 1200 Sacramento, CA 95814 Debra Lloyd Valerie Fong City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 With a copy to: City of Palo Alto Attn: City Attorneys office P.O. Box 10250 Palo Alto, CA 94303 Girish Balachandran, General Manager Brad Wetstone Alameda Municipal Power 2000 Grand Street P.O. Box H Alameda, CA 94501-0263 With a copy to: Farimah Faiz Alameda Office of the City Attorney 2263 Santa Clara Avenue, Room 280 Alameda, CA 94501 13 BAMx PROFESSIONAL SERVICES AGREEMENT City of Santa Clara Attn: Electric Department 1500 Warburton Ave Santa Clara, CA 95050 With a copy to: City of Santa Clara Attn: City Attorneys office 1500 Warburton Ave Santa Clara, CA 95050 Whenever it is required, permitted, or desired in this Agreement that written notice or demand be given by any Party to any other Party, such notice or demand may be either personally served or sent by United States Mail, or facsimile. Notice shall be deemed to have been given when personally served, when deposited in the United States Mail, certified or registered with postage prepaid and properly addressed, or when transmitted by facsimile provided however, notices delivered by facsimile shall only be effective if delivered during regular business hours on a day that is considered a regular business day for NCPA by the involved Parties. 12.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between Contracting Members and NCPA relating to the subject matter of this Agreement, and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein. 12.10 Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, Contracting Members and NCPA agree to resolve the dispute in accordance with the following: 12.10.1 Each Party shall designate a senior management or executive level representative to negotiate any dispute; 12.10.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority. 12.10.3 If the issue remains unresolved after sixty (60) days of good faith negotiations, despite having used their best efforts to do so, either Party may pursue whatever other remedies may be available to it. 12.10.4 This informal resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et seq. 12.11 Other Agreements. This Agreement is not intended to modify or change any other agreement between any of the Parties, individually or collectively. 12.12 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 BAMx PROFESSIONAL SERVICES AGREEMENT 12.13 Obligations of Contracting Members Joint and Several; No Joint Venture. The duties, obligations and liabilities of the Contracting Members, including the obligations to make payments to NCPA, are intended to be joint and several. Provided that nothing contained in this Agreement shall be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability on or with regard to the Contracting Members. 12.14 Effect of Section Headings. Section headings and subheadings appearing in this Agreement are inserted for convenience only and shall not be construed as interpretation of text. 12.15 Authority of Signatories. The signatories hereby represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. 12.16 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties following each Party’s receipt of written resolution/authorization from their governing bodies, which resolutions/authorizations shall be condition precedents to any amendments of this Agreement and shall be attached as exhibits to this Agreement. The Parties have executed this Agreement as of the Effective Date. Northern California Power Agency ________________________________ JAMES H. POPE, General Manager Attest: ________________________________ Assistant Secretary of the Commission Approved as to Form: ________________________________ General Counsel 15 BAMx PROFESSIONAL SERVICES AGREEMENT CONTRACTING MEMBERS: CITY OF ALAMEDA Approved as to Form: By: ____________________________ By:_______________________________ Its:_____________________________ City Attorney CITY OF PALO ALTO Approved as to Form: By: ____________________________ By:_______________________________ Its:_____________________________ City Attorney CITY OF SANTA CLARA Approved as to Form By: ____________________________ By:_______________________________ Its:_____________________________ City Attorney 16 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT A Scope of Services NCPA shall perform the following Services on behalf Contracting Members: NCPA will enter into a contract with Flynn Resource Consulting Inc. ("Consultant") on behalf of Contracting Members. In general Consultant will provide services including monitoring, meeting participation, coordinating with affected or other participating parties, and, as necessary, preparing and submitting formal position submittals for the following activities: 1. Grid Planning Activities CAISO/PG&E annual transmission expansion planning process Support or oppose specific transmission additions Greater Bay Area long term studies CAISO local capacity technical study process Other regional and sub-regional transmission planning activities CAISO Tariff and BPM Change Management Process Generator Interconnection Procedure Transmission cost allocation Impacts due to Once-Through Cooling (OTC) requirements Transmission for renewables CTPG planning process Tracy to Bay development activities Integration requirements for renewables 2. CPUC and CEC transmission matters Integrated Energy Policy Report Strategic transmission investment plan Resource adequacy issues Development of Renewable Portfolio Scenarios Long Term Procurement Proceeding Approval of CPCNs for new transmission lines 3. California Market Design Activities CAISO markets proceedings and implementation matters Resource Adequacy / Local Capacity/ Deliverability LMP congestion and losses incidence and impacts 4. Western Area Power Administration Activities SMUD/Western balancing authority area footprint, performance and allocation of costs and effort Western Transmission Development Western Transmission Infrastructure Program 5. Communicate Regularly with BAMx Members 17 BAMx PROFESSIONAL SERVICES AGREEMENT Client meetings, telephone conferences and written summaries of activities on key issues. NCPA will accept invoices from Consultant and transmit them to Contracting Members for their review, and if acceptable, the Contracting Members will direct payment by NCPA. Such payment direction shall be provided by each Contracting Member as designated in Section 12.8 of this agreement, in writing, utilizing appropriate approval forms as shall be developed and/or revised by NCPA from time to time. An example of such form is included in Exhibit D of this agreement. NCPA will prepare invoices indicating the share of Consultant's costs to be paid by each Contracting Member along with the appropriate charges by NCPA for its services; however, as provided in the Agreement, each Contracting Member is jointly and severally liable for the entirety of any amounts billed under this Agreement. NCPA will then pay Consultant utilizing Contracting Members' funds. Contracting Members will be solely responsible for payment of the Consultant’s invoices, as well as determining whether or not the professional services have been satisfactorily performed. The "Services" under this Agreement by NCPA to Contracting Members are limited to the contracting for services with Consultant and billing/payment function. 18 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT B COMPENSATION SCHEDULE AND HOURLY FEES Compensation for all tasks, including hourly fees and expenses, shall not exceed $757,500. The hourly and monthly rates and or compensation break down and an estimated amount of expenses is as follows: B-1 Monthly Charges for Services provided by NCPA for billing and contract preparation under this Agreement shall be allocated to each BAMx Participant in proportion to each BAMx Participant’s proportionate share of energy delivered in CY2011 as derived from the 2012-2013 NCPA Annual Budget, as reflected in Table 1 below. The total charge for these services shall be Six-Hundred-Twenty-Five Dollars per month. B-2 Monthly Charges invoiced by Flynn Resource Consultants Inc to NCPA for services provided to the BAMx Participants under the CONSULTING SERVICES AGREEMENT BETWEEN THE NORTHERN CALIFORNIA POWER AGENCY AND FLYNN RESOURCE CONSULTANTS INC., dated July 1, 2012 shall be allocated to each BAMx Participant in proportion to each BAMx Participant’s proportionate share of energy delivered in CY2011 as derived from the 2012-2013 NCPA Annual Budget, as reflected in Table 1 below. Compensation to Flynn Resource Consultants Inc. for all tasks, including hourly fees and expenses, shall not exceed Seven-Hundred and Fifty Thousand Dollars ($750,000). The hourly rates and or compensation break down and an estimated amount of expenses is as follows: Flynn Resource Consultants Inc. hourly rates for services are listed below. Labor Category Hourly Rate Principal $240-285 per hour Senior Consultant $190-240 per hour Consultant $160-190 per hour Associate Consultant $130-160 per hour Analyst $80-130 per hour Support Services $55 per hour Travel, food, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Automobile mileage will be billed at the rate approved by the Internal Revenue Service. 19 BAMx PROFESSIONAL SERVICES AGREEMENT TABLE 1 Proportionate Share of Energy Delivered MWH % Share Alameda Municipal Power 393,940 9.015% Palo Alto 979,005 22.403% Silicon Valley Power 2,997,009 68.582% 4,369,954 100.000% 20 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT C Insurance Maintained by NCPA WORKERS’ COMPENSATION INSURANCE $1,000,000 EXCESS LIABILITY INSURANCE $35,000,000 AUTOMOBILE INSURANCE $1,000,000 ERRORS & OMISSIONS INSURANCE $10,000,000 21 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT D Bay Area Municipal Transmission Services Agreement (BAMX) Participants Transmittal Payment Voucher For the Period: _________________ To: Northern California Power Agency VIA PDF EMAIL 651 Commerce Drive Roseville, California 95678 Attention: Accounts Payable (*AcctsPayable@ncpa.com) From: Contracting Members – The Cities of Alameda, Palo Alto and Santa Clara (such Cities each being a "Contracting Member" and jointly referred to as “Contracting Members” or "BAMx Participants") I the undersigned hereby certify that I am authorized to approve payment of the ATTACHED billing statement and or invoice(s) and do hereby approve payment thereof by the Billing Agent (Northern California Power Agency) as indicated below: For City of Alameda: _____________________________ _______________ Name Date No exceptions. With the deduction of the following exceptions: For City of Palo Alto: _____________________________ _______________ Name Date No exceptions. With the deduction of the following exceptions: For City of Santa Clara: ___________________________ _______________ (Silicon Valley Power) Name Date No exceptions: With the deduction of the following exceptions: Attachment(s) 1424737.1 CONSULTING SERVICES AGREEMENT BETWEEN THE NORTHERN CALIFORNIA POWER AGENCY AND FLYNN RESOURCE CONSULTANTS INC. This agreement for consulting services (“Agreement”) is entered into on July 1, 2012 (the “Effective Date”) between the NORTHERN CALIFORNIA POWER AGENCY, a public joint powers agency, with offices located at 651 Commerce Drive, Roseville, CA, 95678-6420 (“Agency”) and Flynn Resource Consultants Inc., (“Consultant”) (together sometimes referred to as the “Parties”). Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Scope of Work attached as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end when Consultant completes the work described in Exhibit A, or on June 30, 2013, whichever is shorter, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. 1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement. 1.4 Termination. Agency may cancel this Agreement, after consultation with BAMx Representatives as defined by Exhibit A, at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; Agency, however, may condition payment of such compensation upon Consultant delivering to Agency documents and records identified in Section 8.1 of this Agreement. Section 2. COMPENSATION. Agency hereby agrees to pay Consultant an amount NOT TO EXCEED Seven-Hundred and Fifty Thousand Dollars ($750,000) for all work set forth in Exhibit A, in accordance with the Consultant’s fee schedule and reimbursable expenses which is attached as Exhibit B, and made a part of this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, this Agreement shall prevail. 2.1 Invoices. Consultant shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date to: Northern California Power Agency 651 Commerce Drive Roseville, California 95678 Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 2 of 10 Attn: Accounts Payable 2.2 Payment. Agency shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. 2.3 Hourly Fees / Reimbursable Expenses. If applicable, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule attached to this Agreement as Exhibit B. Reimbursable expenses are specified in Exhibit B. 2.4 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. 3.1 Workers’ Compensation. If Consultant employs any person, Consultant shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. 3.2 Commercial General and Automobile Liability Insurance. 3.2.1 Commercial General Insurance. Consultant shall maintain commercial general liability insurance for the term of this Agreement, including products liability, covering any loss or liability, including the cost of defense of any action for bodily injury, death, personal injury and property damage which may arise out of the operations of the consultant. The policy shall provide a minimum limit of $1,000,000 per occurrence/$2,000,000 aggregate. 3.2.2 Automobile Liability. Consultant shall maintain automobile liability insurance for the term of this Agreement covering any loss of liability, including the cost of defense of any action, arising from the operation, maintenance or use of any vehicle whether or not owned by the Consultant, on or off Agency premises. The policy shall provide a minimum limit of $1,000,000 per each accident. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment to the extent coverage may be excluded from general liability insurance. 3.2.3 General Liability/Umbrella Coverage. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. 3.3 Professional Liability Insurance. If Consultant performs design work pursuant to this Agreement, Consultant shall maintain professional liability insurance for licensed professionals performing design work in connection with this Agreement in an amount not less than One Million Dollars ($1,000,000.00) covering the licensed professionals’ errors Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 3 of 10 and omissions. Any deductible or self-insured retention shall not exceed Two Hundred Fifty-Thousand Dollars ($250,000.00) per claim. 3.4 All Policies Requirements. 3.4.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the Agency, provide Agency with (1) Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) policy endorsements to the general liability policy adding the Northern California Power Agency as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the Agency, complete copies of all policies and/or complete copies of all endorsements that demonstrate compliance with this Section 3. 3.4.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. Consultant shall also provide thirty (30) days’ prior notice to the Agency by certified mail of any impending reduction in the limits or coverage of any insurance policies that form a part of this agreement. 3.5 Waiver of Subrogation. Consultant agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of Agency for all work performed by Consultant, its employees, agents and subcontractors. Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. 4.1 Consultant shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the Agency and its officials, commissioners, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Consultant. Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the Agency shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the Agency. Section 5. STATUS OF CONSULTANT. 5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Agency. Consultant shall Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 4 of 10 have no authority, express or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Section 6. LEGAL REQUIREMENTS. 6.1 Governing Law. The laws of the State of California shall govern this Agreement. 6.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement. 6.3 Licenses and Permits. Consultant represents and warrants to Agency that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. 6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Section 7. MODIFICATION. 7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties, and after consultation with BAMx Representatives as defined by Exhibit A 7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Agency. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Agency. 7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Agency and Consultant shall survive the termination of this Agreement. 7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Agency’s remedies shall include, but not be limited to, the following: 7.4.1 Immediately terminate the Agreement; 7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement; Section 8. KEEPING AND STATUS OF RECORDS. Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 5 of 10 8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the Agency. 8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Agency under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 8.3 Confidential Information and Disclosure. During the term of this Agreement, either Party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other Party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the Agency is a public agency and is subject to the laws that may compel it to disclose information about Consultant’s business. Section 9. MISCELLANEOUS PROVISIONS. 9.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 9.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Placer or in the United States District Court for the Eastern District of California. 9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. 9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 9.5 Contract Administration. This Agreement shall be administered by Don Dame, Assistant General Manager - Business Development, who shall act as the Agency’s representative. All correspondence shall be directed to or through the representative. 9.6 Notices. Any written notice to Consultant shall be sent to: Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 6 of 10 Flynn Resource Consultants Inc. 5440 Edgeview Drive Discovery Bay, CA 94505-9278 Attn: Doug Boccignone Any written notice to Agency shall be sent to: James H. Pope General Manager Northern California Power Agency 651 Commerce Drive Roseville, CA 95678 With a copy to: Michael F. Dean General Counsel Northern California Power Agency Meyers Nave 555 Capitol Mall, Suite 1200 Sacramento, CA 95814 9.7 Professional Seal. Where applicable in the determination of the Agency, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. 9.8 Integration; Incorporation. This Agreement, including all the Exhibits attached hereto, represents the entire and integrated agreement between Agency and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein. 9.9 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, Agency and Consultant agree to resolve the dispute in accordance with the following: Each Party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process. The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 7 of 10 This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et. seq. 9.10 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. The Parties have executed this Agreement as of the date signed by the Agency. NORTHERN CALIFORNIA POWER AGENCY CONSULTANT Date: _______________________ Date: _____________________________ ____________________________ ______________________________ JAMES H. POPE, General Manager DOUG BOCCIGNONE, Chief Financial Officer Attest: __________________________ Assistant Secretary of the Commission Approved as to Form: ____________________________ General Counsel Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 8 of 10 EXHIBIT A SCOPE OF SERVICES BAY AREA MUNICIPAL UTILITIES (BAMx) SCOPE OF SERVICES FOR FY2013 NCPA is entering into this agreement with Flynn Resource Consultants, Inc. (“Consultant”) at the request of the cities of Alameda, Palo Alto and Santa Clara (the “BAMx Representatives”), so that NCPA may assist the BAMx Representatives in securing professional consulting services related to electric transmission, power generation, regulatory issues, and electric market design issues affecting the BAMx Representatives. NCPA's provision of related billing services is further addressed in the Professional Services Agreement Between Northern California Power Agency and the Cities of Alameda, Palo Alto and Santa Clara (the "Bay Area Municipal Transmission Services Agreement" or "BAMx Agreement”). Each BAMx Representative shall be represented by a Designated BAMx Representative, listed below. During the Term of this Agreement the Designated BAMx Representatives shall complete the Payment Voucher attached as Exhibit D to the Bay Area Municipal Transmission Services Agreement to approve invoices from Consultant prior to NCPA remitting payment for services rendered by Consultant . The Designated BAMx Representative will also coordinate, as necessary, work related communications, task orders and invoice matters between and among the BAMx Representatives and Consultant Designated BAMx Representatives: Janet Oppio, Alameda Municipal Power Debbie Lloyd, City of Palo Alto Utilities Ken Sims, Silicon Valley Power The Designated BAMx Representatives and Consultant intend to pursue the activities listed below during Fiscal Year 2013. Such activities will include monitoring, meeting participation, coordinating with affected or other participating parties, and, as necessary, preparing and submitting formal position submittals. 1. Grid Planning Activities CAISO/PG&E annual transmission expansion planning process Support or oppose specific transmission additions Greater Bay Area long term studies CAISO local capacity technical study process Other regional and sub-regional transmission planning activities CAISO Tariff and BPM Change Management Process Generator Interconnection Procedure Transmission cost allocation Impacts due to Once-Through Cooling (OTC) requirements Transmission for renewables CTPG planning process Tracy to Bay development activities Integration requirements for renewables 2. CPUC and CEC transmission matters Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 9 of 10 Integrated Energy Policy Report Strategic transmission investment plan Resource adequacy issues Development of Renewable Portfolio Scenarios Long Term Procurement Proceeding Approval of CPCNs for new transmission lines 3. California Market Design Activities CAISO markets proceedings and implementation matters Resource Adequacy / Local Capacity/ Deliverability LMP congestion and losses incidence and impacts 4. Western Area Power Administration Activities SMUD/Western balancing authority area footprint, performance and allocation of costs and effort Western Transmission Development Western Transmission Infrastructure Program 5. Communicate Regularly with BAMx Representatives Client meetings, telephone conferences and written summaries of activities on key issues. Consulting Services Agreement between NORTHERN CALIFORNIA POWER AGENCY and Flynn Resource Consultants Inc. Page 10 of 10 EXHIBIT B COMPENSATION SCHEDULE AND HOURLY FEES Compensation for all tasks, including hourly fees and expenses, shall not exceed Seven-Hundred and Fifty Thousand Dollars ($750,000). The hourly rates and or compensation break down and an estimated amount of expenses is as follows: Consultant hourly rates for the professional services are listed below. Labor Category Hourly Rate Principal $240-285 per hour Senior Consultant $190-240 per hour Consultant $160-190 per hour Associate Consultant $130-160 per hour Analyst $80-130 per hour Support Services $55 per hour Prior to implementing an increase within the Hourly Rate range for any Labor Category, Consultant shall provide written notice to the Designated BAMx Representatives of such change. Travel, food, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Automobile mileage will be billed at the rate approved by the Internal Revenue Service. For any month in which specialized modeling software is used to perform services under this agreement, the following charges shall apply: Power flow modeling - $225/month Short circuit modeling – $700/month OASIS Data - $900/month Market modeling - $3,500/month Specialized software costs that exceed the above amounts may be billed with the prior approval of the Designated BAMx Representative. NOTE: As a public agency, NCPA shall not reimburse Consultant for costs in excess of those permitted by the Internal Revenue Service. CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 4, 2012 The Honorable City Council Palo Alto, California Adoption of a Resolution Calling a General Municipal Election- Tuesday, November 6, 2012 Attached is a resolution calling a General Municipal Election for four Council Members on November 6, 2012, requesting the services of the Santa Clara County Registrar of Voters (Registrar), and requesting consolidation of the General Municipal Election with any other election called for this jurisdiction for that date. The Council Member offices subject to election on November 6, 2012, are those currently held by Council Members Burt, Espinosa, Schmid, and Yeh. The Registrar estimates that this election will cost $90,000. Staff recommends that Council adopt the attached resolution. ATTACHMENTS:  Resolution Calling 2012 GME (DOC) Department Head: Donna Grider, City Clerk Updated: 5/30/2012 1:32 PM by Beth Minor Page 2 090602 mb 8261035 1 Resolution No. Resolution of the Council of the City Of Palo Alto Calling a General Municipal Election of Four Council Members, Requesting the Services of the Registrar of Voters, and Ordering the Consolidation of the Election WHEREAS, Article III, Section 3, of the Palo Alto City Charter requires that a general municipal election for election of council members be held on the first Tuesday after the first Monday in November of each even-numbered year, that is, November 6, 2012; and WHEREAS, elections are scheduled to be held on November 6, 2012, in certain school districts and certain special districts in Santa Clara County; and WHEREAS, under Part 3 of Division 10 of the Elections Code, commencing at Section 10400, and Education Code Section 5342, elections called by various governing bodies may be partially or completely consolidated; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Call of Election. A general municipal election is called for the City of Palo Alto to be held on Tuesday, November 6, 2012, for the purpose of electing four (4) council members for full terms (four years). SECTION 2. Request to Consolidate. The Council of the City of Palo Alto requests the governing body of any other political subdivision, or any officers otherwise authorized by law, to partially or completely consolidate such elections and the City Council consents to such consolidation. SECTION 3. Request for County Services. Under Section 10002 of the California Elections Code, the Council of the City of Palo Alto requests the Board of Supervisors of Santa Clara County to permit the Registrar of Voters to render services to the City of Palo Alto relating to the conduct of Palo Alto’s General Municipal and Special Elections which are called to be held on Tuesday, November 6, 2012. The services shall be of the type normally performed by the Registrar of Voters in assisting the clerks of municipalities in the conduct of elections including but not limited to checking registrations, mailing ballots, hiring election officers and arranging for polling places, receiving absentee voter ballot applications, mailing and receiving absent voter ballots and opening and counting same, providing and distributing election supplies, and furnishing voting machines. SECTION 4. Consolidation of Measures. The Council of the City of Palo Alto requests the Board of Supervisors of Santa Clara County to include on the ballots and sample ballots, all qualified measures submitted by the City Council to be ratified by the qualified electors of the City of Palo Alto. 090602 mb 8261035 2 SECTION 5. Duties of City Clerk. The Palo Alto City Clerk shall do all things required by law to effectuate the November 6, 2012, general municipal election, including but not limited to causing the posting, publication and printing of all notices or other election materials under the requirements of the Charter of the City of Palo Alto and the California Elections and Government Codes. SECTION 6. Contract Authority. Subject to approval of the Board of Supervisors of Santa Clara County, the City Clerk may engage the services of the Registrar of Voters of the County of Santa Clara to aid in the conduct of the November 6, 2012, election including canvassing the returns of that election. The Director of Administrative Services shall pay the cost of contracted services provided that no payment shall be made for services which the Registrar of Voters is otherwise required by law to perform. SECTION 7. Transmittal of Resolution. The City Clerk shall submit a certified copy of this resolution to the Board of Supervisors of the County of Santa Clara. SECTION 8. CEQA. The Council finds that this resolution does not constitute a project subject to the California Environmental Quality Act under Public Resources Code section 21065 or CEQA Guidelines section 15378. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: _____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: _____________________________ ____________________________ City Attorney City Manager ____________________________ Director of Administrative Services City of Palo Alto (ID # 2348) City Council Staff Report Report Type: Action ItemsMeeting Date: 6/4/2012 June 04, 2012 Page 1 of 9 (ID # 2348) Summary Title: Park Plaza Architectural Review Rental Housing/R&D Title: Public Hearing: Appeal Of An Architectural Review Approval And A Record Of Land Use Action Regarding the Director's Architectural Review Approval Of A Three Story Development Consisting Of 84 Rental Residential Units In 104,971 Square Feet Within The Upper Floors, 50,467 S.F. Ground Floor Research And Development Area, Subterranean And Surface Parking Facilities, And Offsite Improvements, With Two Concessions Under State Housing Density Bonus Law (GC65915), and Approval of a Mitigated Negative Declaration, On A 2.5 Acre Parcel At 195 Page Mill Road And 2865 Park Boulevard. * Quasi-Judicial From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council: A. Approve the Mitigated Negative Declaration and Architectural Review (AR) application with the recent modification to rental residential units (the Tentative Map has been withdrawn) by approving the attached Record of Land Use Action for Approval (Attachment A). Conditions of approval related to hazardous materials and monitoring had been added to the Record of Land Use Action for the October 3, 2011 Council meeting and are still included; OR B. Deny the Architectural Review Application (uphold the appeal) by approving the Record of Land Use Action for Denial (Attachment B). If Council acts to deny the project, no action on the Mitigated Negative Declaration is required. Executive Summary/Background The Park Plaza project is a three story, mixed-use building on a vacant 2.5 acre June 04, 2012 Page 2 of 9 (ID # 2348) site approved through the Architectural Review process and appealed for Council review. The requested project no longer includes a Tentative Map for condominium purposes. The applicant’s revised proposal is for 84 rental housing units, including 17 below market rate units on two upper floors and 50,467 square feet of ground floor Research and Development space, with subterranean and surface parking facilities. On October 3, 2011 Council directed the applicant to proceed back to the Planning and Transportation Commission for review under a request for Pedestrian Transit Oriented Development (PTOD) zoning, prior to final Council review and action. The applicant requests final Council Action on the ARB application as submitted, with a revision back to rental housing, as was proposed and approved by an earlier City Council action in 2006. There is no longer a need for action on the Tentative Map application, since it has been withdrawn. Reasons for the appeal were summarized in the October 3, 2011 Council report (Attachment F). A Mitigated Negative Declaration (MND) had been prepared and circulated and responses to comments were included in the updated MND included with the October 3, 2011 Council report. Additional summary, background information and related documents are found on the City’s website. Additional comments from the appellant regarding the Regional Water Quality Control Board (RWQCB) have been received since October 3, 2011; the RWQCB staff has prepared a written response, provided as Attachment L to this report. The Planning and Transportation Commission’s recommendation to deny the Tentative Map is not longer applicable, given the withdrawal of the Tentative Map. The Architectural Review Board’s previous action to recommend approval of the project was described in the October 3, 2011 Council report, which also noted the Appellant’s concerns with respect to architecture. The October 3, 2011 report also noted the Appellant’s objections that were unrelated to architectural review criteria (particularly groundwater contamination). The project history has been described at length in reports to the ARB, PTC and Council, as well as actions of the ARB, PTC and Council outlined in these staff reports and attached public meeting minutes. In summary, a mixed use project with rental housing and an earlier, similar design on this site was recommended for approval by the ARB in 2006 but denied by the Planning and Community June 04, 2012 Page 3 of 9 (ID # 2348) Environment Director. The applicant has noted that the ARB saw four designs for the project in 2006 and selected the version reflected in the current application. Staff notes, however, that the ARB does not select an alternative in a study session, but board members offer individual comments, and the applicant returned with the plans they preferred. Minutes are not recorded for study sessions, so it is unclear what kind of direction might have been provided. That application was appealed to Council by the applicant, and the project was approved by the City Council; the 2006 Council approval was followed by legal action that resulted in re-submittal of the project and subsequent review. For the 2008 application, staff had encouraged the submittal of a PTOD application; however, the applicant did not wish to submit for a rezoning process, and believed they retained rights under the prior zoning and conversion to PTOD would be confusing and unnecessary. Some of the project features were modified to address PTOD design considerations, particularly related to creating a more pedestrian-friendly frontage along Park Blvd. The current project, which had included a Tentative Map application, was changed from ownership housing to rental housing by the withdrawal of that application following the Council’s continuance of the project consideration on appeal on October 3, 2011. The approval recommendation by the ARB was on a 3-2 vote for the design. Discussion Key issues identified by Council members at the October 3rd meeting include the design and architectural review findings, housing density bonus law, and PTOD zoning. Issues related to the Tentative Map are no longer relevant, as the Map has been withdrawn, and the housing units would be rental units. Meeting minutes of the October 3, 2011 Council meeting are provided as Attachment E to this report and the October 3rd staff report is included as Attachment F. The Applicant has provided seven letters for Council consideration (Attachments C, D, G, H, I, J, and N). The applicant had submitted a letter (Attachment K) requesting a continuance of the council hearing date from March 5, 2012 to the next available date. An additional continuance was then requested by the applicant. Staff has provided alternative findings for either approval (as revised) or denial of the applicant’s request. The applicant’s May 29, 2012 submittal (Attachment N) provides commentary on Comprehensive Plan policies in relation to the Park Plaza project, especially Policies L-5, L-14 and L-49, and a table prepared by the June 04, 2012 Page 4 of 9 (ID # 2348) applicant is provided with the letter. Comprehensive Plan Policies The Record of Land Use Actions (ROLUA) for Approval and Denial (Attachments A and B, respectively) contain Comprehensive Plan Goals and Policies applicable to the project. Approval ROLUA: The approval ROLUA provided to Council on October 3, 2011 has been updated. Key Comprehensive Plan Policies the project conforms to and are therefore included in the approval ROLUA are:  Policy B-2: Support a strong interdependence between existing commercial centers and the surrounding neighborhoods as a way of encouraging economic vitality;  Policy L-31: Develop the Cal-Ventura area as a well-designed mixed used district with diverse land uses with two- to three-story buildings;  Policy L-75: Minimize the negative physical impacts of parking lots. Locate parking lots behind buildings or underground wherever possible; and  Policy T-1: Make land use decisions that encourage walking, bicycling, and public transit use.  Policy T-19: Improve and add attractive, secure bicycle parking at both public and private facilities, including multi-modal transit stations, on transit vehicles, in City Parks, in private developments, and at other community destinations; and  Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces; The revised Approval ROLUA no longer cites Policy L-49 since two Council members were of the opinion this policy was not met with the project. This policy states:  Policy L-49: Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing; June 04, 2012 Page 5 of 9 (ID # 2348) The applicant’s May 29, 2012 submittal describes how the applicant believes the project meets Policy L-49, however. The Council may wish to discuss this policy with respect to the project; if a majority of Council members would support the project as meeting this policy, it could be added into the approval ROLUA for action. The project neighborhood is not a residential neighborhood and this should be considered, as well as the project’s human-scaled details and design features at the ground plane to allow for an acceptable pedestrian experience. On the other hand, the massing of the structure may be considered excessive as it is not broken into multiple buildings, and has the residential component facing inwards to the courtyard. The applicant also discusses Policies L-5 and L-14 with respect to this project in the most recent submittal (Attachment N). These are the policies that staff included in the Denial ROLUA, but the Council may wish to discuss whether these policies are met with the project and if so, whether they belong in the Approval ROLUA. Denial ROLUA: The attached Denial ROLUA (Attachment B) includes, within ARB Denial Finding #1, the one Comprehensive Plan policy (L-49 cited above) that both Council members Burt and Holman cited during the October 3, 2011 review of the project as not being met by the project. Councilmember Burt also cited these two policies as not met with the project, so they are also included in the Denial ROLUA:  Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale.  Policy L-14: Design and arrange new multifamily buildings, including entries and outdoor spaces, so that each unit has a clear relationship to a public street. October 3, 2011 Council Comments On October 3, 2011, Council members identified deficiencies in the project (minutes included as Attachment E); therefore staff prepared the Denial ROLUA in the event Council wishes to deny the project based upon the October 3rd comments. The following comments were made on October 3, 2011, for the project that, at that time, included condominium housing units. June 04, 2012 Page 6 of 9 (ID # 2348) Council member Burt noted his concerns that: (1) The project does not balance the “outward” with the “inward”, that is, the courtyard design is causing the exterior to appear bulky when it would not be so if there were no courtyard. This statement is now cited in the Denial ROLUA within AR Finding #2; (2) There should be constraints on Research and Development (R&D) types and there is an issue in the present design with respect to compatibility of uses, causing a potential for escalated risk with R&D use below residential use. This statement is now cited in the Denial ROLUA within AR Finding #3. (3) The project should not exceed the PTOD allowed 1.25:1 FAR. This statement is now cited in the Denial ROLUA within AR Finding #2. Council member Klein noted that the BMR units don’t justify exceeding the PTOD FAR (so noted in Denial ROLUA AR Finding #2), though he noted his acceptance with the R&D use and the mitigation for the toxic materials. Council member Shepherd noted her acceptance of limiting biological materials to level #1 thresholds. This was incorporated into the October 3, 2011 Approval ROLUA’s restrictive conditions and remains in the Approval ROLUA (Attachment A). Council member Scharff noted his preference for less reduction in parking spaces, with a maximum reduction of 20%. This preference could be incorporated into the Approval ROLUA Approval Condition #118 (requiring a specific reduction in R&D floor area and 20% maximum parking reduction). Council member Holman noted that she believed Finding #2 is not met with the project and Findings #3 and #5 were “sketchy” as well, noting that the mass should be broken up, and described concerns regarding the use of the courtyard, the lack of balconies for all residential units, and preference that any biomedical R&D use be restricted to the “de minimus” biohazards. Mayor Espinosa also noted his opinion that the mass needed to be broken up and the facades be made more pedestrian-friendly. This determination is noted in Denial ROLUA AR Finding #2. June 04, 2012 Page 7 of 9 (ID # 2348) Councilmember Schmid expressed his concerns regarding toxics and parking. This determination was noted in Denial ROLUA AR Finding #3. Therefore, in addition to citing Comprehensive Plan Policies L-5, L-14, and L-49 within AR Finding #1 to support denial of the project, the Denial ROLUA AR Findings #2, #3 and #5 have also been adjusted in accordance with the above summary of Councilmember comments. Housing Density Bonus Law The City may not compel below market rate units for rental housing projects due to recent case law (Palmer v. Los Angeles). The applicant has revised the project to indicate that the units would be rental units, and has withdrawn the application for Tentative Map via letter (Attachment C). The applicant still proposes that 20% (17 units) of the residential units be rented at below market rates, which would comprise “low to very low” income units. The 20% BMR unit proposal allows for two “concessions” via State Housing Density Bonus Law (GC 65915-65918). The concessions (residential use and 1.5:1 floor area ratio) were described in the October 3, 2011 Council report. The PTC conducted a study session in October 2011 regarding guidelines for approving concessions, and a follow-up PTC meeting is planned for May or June 2012. PTOD Zoning As noted in the October 3, 2011 report, were the site zoned PTOD, a 1.25 floor area ratio would be permitted, with 1.0 for residential and 0.25 for commercial use, including R&D use. The applicant has stated that the 0.50 R&D floor area is needed to reduce the cost of the housing component. The City Council approved this project in 2006 with similar concessions, requiring the 20% BMR set-aside to justify the concessions, and the prior approval was for an all-rental residential project. The applicant maintains that the prior approval and the revision to a rental project justify approval of the current proposal as nearly in line with the PTOD zoning. Next Steps Approval of the project would allow the applicant to proceed to final ARB approval of a few detailed items and then into the Building Permit review process. Council denial of the project would allow the applicant the following options: a) June 04, 2012 Page 8 of 9 (ID # 2348) file an application for a non-residential project compliant with the GM zoning; b) pursue a PTOD zoning change with a modification to the project design and a reduction in R&D square footage; c) pursue the PTOD rezoning with a request for concessions under State housing density law to justify the additional R&D square footage; and/or d) initiate litigation. Timeline Item Date Action AR Application Submittal September 22, 2008 Environmental Review Tentative Map Submittal October 5, 2010 Environmental Review ARB Review 12/09, 5/11, 7/11 Recommended, 3-2 PCE Director Action July 12, 2011 Approval of MND and AR Appeal July 25, 2011 Set Council date 9/19/11 PTC Review (Map) August 24, 2011 Not recommended, 4-2-1 Council Review October 3, 2011 Direction to return to PTC Council Review June 4, 2012* Final Action *Note: Council date postponed by applicant (12/12/11 to 1/20 to 3/5 to 3/12 to 5/14/12). Resource Impacts Resource impacts were addressed in the October 3, 2011 Council report (Attachment F). Policy Implications Staff believes that the proposed project as a rental project could be determined to be consistent with the goals and policies of the Comprehensive Plan, given the site’s General Manufacturing designation along with the Housing Element opportunity site designation, and with the Transit Oriented Development designation for the area, and concepts of the PTOD overlay. The Approval Record of Land Use Action for Approval (Attachment A) contains those policies. June 04, 2012 Page 9 of 9 (ID # 2348) However, the Record of Land Use Action for Denial (Attachment B) provides findings of inconsistency with several Comprehensive Plan policies and four Architectural Review Findings, if the Council chooses to deny the project. Environmental Review Should the Council wish to approve the modified project (as a rental project), the Mitigated Negative Declaration (MND, contained in Attachment F) noting potentially significant impacts regarding aesthetics, noise, traffic, and hazardous materials would first need to be adopted. Denial of the proposed project is not subject to environmental review under provisions of the California Environmental Quality Act (CEQA). Attachments:  Attachment A: Record of Land Use Action for Approval (DOC)  Attachment B: Record of Land Use Action for Denial (DOC)  Attachment C: Applicant letter dated October 26, 2011 Tentative Map Withdrawal (PDF)  Attachment D: Applicant letter dated October 26, 2011 Response to Council Action (PDF)  Attachment E: October 3, 2011 City Council Minutes Excerpt (PDF)  Attachment F: October 3, 2011 Staff Report to Council (PDF)  Attachment G: Applicant letter to Council Members dated October 14, 2011 (PDF)  Attachment H: Applicant letter to Director dated December 8, 2011 (PDF)  Attachment I : Applicant letter to City dated January 11, 2012 (PDF)  Attachment J: Applicant letter to City Council dated January 19, 2012 (PDF)  Attachment K: Applicant letter to City Clerk February 24, 2012 (PDF)  Attachment L: RWQCB response to Moss (PDF)  Attachment M: Applicant's consultant response to Moss (PDF)  Attachment N: Applicant Submittal 5 29 12 (PDF) Prepared By: Amy French, Current Planning Manager Department Head: Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager Attachment A 1 Action No. 2012-xx RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 195 PAGE MILL ROAD/2865 PARK BOULEVARD (PARK PLAZA): APPROVING A MITIGATED NEGATIVE DECLARATION AND ARCHITECTURAL REVIEW [08PLN- 00295](HOHBACH REALTY COMPANY LIMITED PARTNERSHIP, APPLICANT) On June 4, 2012, the City Council of the City of Palo Alto: (1) Reconsidered the project, a mixed-use, 84-unit rental housing and 50,467 square foot ground floor Research and Development project in a three story building on an approximately 2.5 acre parcel, following withdrawal of the Tentative Map application; Council approved the Mitigated Negative Declaration for the project, and affirmed the July 12, 2011 Architectural Review approval by the Director of Planning and Community Environment to allow 84 residential units on the 2nd and 3rd floor of a new 3-story mixed use building (Park Plaza) with subterranean and surface parking facilities, including 19 below market rate residential rental units, landscaping and interior courtyard with surface parking for 17 vehicles and 9 vehicles in “landscape reserve” for future use as needed, and one level of below grade parking accessed from Park Boulevard for 274 vehicles and 84 class I bicycle storage, and associated on-site and off-site improvements; (2) On October 3, 2011, the City Council of the City of Palo Alto had reviewed a Mitigated Negative Declaration and a ‘Tentative Map for Park Plaza for 50,467 square feet of R&D Space and 84 Residential Condominium Units’ on a single parcel but rather than affirming the July 12, 2011 Architectural Review approval by the Director of Planning and Community Environment, Council directed the applicant to pursue the Park Plaza project as a Pedestrian Transit Oriented Development and return to the Planning and Transportation Commission (PTC); (3) The applicant withdrew the Tentative Map application and requested Council action on the Architectural Review application for the mixed- use project with rental housing rather than ownership housing, without regard to the PTC recommendation that applied to the Tentative Map that was withdrawn; The City Council made the following findings, determinations and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On September 22, 2008, Harold Hohbach of Hohbach Realty Company Limited Partnership (Applicant) submitted an application [08PLN-00296] for Environmental Review, Architectural Review (AR) with State mandated housing density development concessions for additional floor area (1.0:1) and residential use within the GM zone, based upon inclusion of affordable housing pursuant to state affordable housing Attachment A 2 incentive law (CGC 65915-65918), for a new mixed use, 3 story building and associated on-site and off-site improvements, replacing a one story building of 50,468 square feet on a 2.52 acre (2.4 net acre) site at 195 Page Mill Road fronting Park Boulevard and Page Mill Road. B. The application for Architectural Review [08PLN-00296] was analyzed pursuant to requirements of the California Environmental Quality Act (CEQA) and a Draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared by the City’s environmental consultant (Atkins, the firm formerly known as PBS&J, Inc) and circulated for public comment between April 24, 2009 and May 25, 2009, including distribution through the State Clearinghouse. Public comments were received from the Regional Water Quality Control Board (RWQCB) and the IS/MND was revised and circulated in November 2009. Mr. Robert Moss commented on the document, particularly objecting to the analysis and mitigations dealing with groundwater contamination. C. On December 3, 2009, the ARB considered the AR application and public comments and continued its review to a date uncertain to allow the applicant to modify the plans. D. On October 5, 2010, the Applicant submitted a Tentative Map application [10PLN-00344] for condominium purposes but not involving the merger of parcels. The merging of the parcels had been approved previously via the City’s Certificate of Compliance process. The Tentative Map application was later withdrawn. E. On February 22, 2011, the applicant submitted a letter to address storage and hazardous materials use by possible R&D tenants in the Park Plaza project, requesting City approval of such storage and use in limited quantities, identifying safeguards related to storage, rated walls, protected openings and ventilation systems. The IS/MND was revised and circulated on May 5, 2011, including distribution by the State Clearinghouse, for a public comment period ending June 7, 2011. F. On May 19, 2011, prior to the end of the comment period, the ARB held a public hearing and continued their review to a date uncertain to allow for the completion of the public comment period and to allow the applicant to address their comments. Three sets of public comments on the revised IS/MND were received, from Robert Moss, Roger Papler of the RWQCB, and Herb Borock. A City Public Works staff member also provided additional verbiage for the document to reflect updated regulations. The City’s consultant (Atkins) prepared responses addressing the comments by Mr. Moss and Mr. Papler and, along with Public Works staff edits, these were incorporated into the annotated IS/MND dated June 29, 2011 and uploaded to the City’s website in materials for the third ARB hearing on July 7, 2011. The third set of public comments (Borock) pertained to the Below Market Rate housing with respect to CEQA review and the Tentative Map, and were provided to the ARB at places, acknowledged in staff’s oral presentation to the Attachment A 3 ARB, and provided to the Planning and Transportation Commission (Commission). G. On July 7, 2011, the ARB recommended, on a 3-2 vote, approval of the project plans, subject to staff conditions of approval and additional conditions of approval contained in this Record of Land Use Action. H. On July 12, 2011, the Director of Planning and Community Environment (Director) received the ARB recommendation, tentatively approved the Initial Study/Mitigated Negative Declaration, and approved the AR application. Findings and conditions of approval recommended by the ARB were incorporated into the AR approval (and have been incorporated into this ROLUA). Notices of the Director’s decision were mailed, but a Notice of Determination was not filed with the County of Santa Clara, because a timely appeal of the Director’s decision was received. I. Following AR approval of the Park Plaza development project by the Director, the Tentative Map for Condominium Purposes [application 10PLN-00344, later withdrawn] was advertised for public hearing and consideration by the Planning and Transportation Commission. J. On July 25, 2011, the Director’s decision on the AR application (application 08PLN-00295) was appealed. K. On August 9, 2011, the Applicant submitted a revised Tentative Map, but the map application was later withdrawn. L. On August 24, 2011, the Planning and Transportation Commission recommended, on a 4-2-1 vote, that the City Council deny the Tentative Map application that was later withdrawn; since the project was revised to rental housing with Research and Development, the Council was able to set aside the Commission recommendation and focus on the ARB application. SECTION 2. Environmental Review. The background regarding the Environmental review is provided in Section 1. The City Council has approved the Mitigated Negative Declaration, and has upheld the Director’s decision on the Architectural Review application. A Notice of Determination will be filed with the County of Santa Clara. SECTION 3. Project Approval Findings The approval findings for the project are set forth below: The project is consistent with all relevant Architectural Review findings in PAMC Section 18.76.020(d) including the following: 1. The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. The proposed project Attachment A 4 would satisfy specific Comprehensive Plan programs, policies and goals, including:  Policy B-2: Support a strong interdependence between existing commercial centers and the surrounding neighborhoods as a way of encouraging economic vitality;  Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale;  Policy L-31: Develop the Cal-Ventura area as a well-designed mixed used district with diverse land uses with two- to three- story buildings;  Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces;  Policy L-75: Minimize the negative physical impacts of parking lots. Locate parking lots behind buildings or underground wherever possible;  Policy T-1: Make land use decisions that encourage walking, bicycling, and public transit use; and  Policy T-19: Improve and add attractive, secure bicycle parking at both public and private facilities, including multi-modal transit stations, on transit vehicles, in City Parks, in private developments, and at other community destinations. The project is a mixed-use development in the Cal-Ventura area, including rental housing and research and development uses. The conditions of approval contained within Section 5 of this Record of Land Use Action reflect the conditions that were attached as Attachment C to ARB staff report dated July 7, 2011, modified in accordance with Architectural Review Board recommendations on July 7, 2011, for the Director’s action on July 12, 2011, and will ensure a high quality design and compatibility with adjacent and nearby uses. 2. The design is compatible with the immediate environment of the site. The three-story building will be located in a General Manufacturing zone district where a variety of architectural styles and masses are found. The proposed building would add mass and establish a new architectural presence on a visible site at the corner of Page Mill Road and Park Boulevard. The new building would be taller and longer than the buildings on adjacent sites, but will nevertheless be compatible with these buildings. 3. The design is appropriate to the function of the project. Research and development and residential uses, are located on separate floors, which provides a needed separation from both uses. Both elevators and stairs provide access to each floor. A central courtyard would provide at grade parking as well as landscaped open space and private balconies for the dwelling units (with the exception of two units that would not have balconies) for the occupants of the building. Attachment A 5 5. The design promotes harmonious transitions in scale and character in areas between different land uses; The project would be physically separated from the residential zones located on the opposite side of Alma Street by a four-lane street and the Joint Powers Board (Caltrain) right-of-way. Aside from this physical separation, the proposed project would be located in an area, which has buildings in various architectural styles and masses. The project would serve as a focal point when one approaches Park Boulevard from Page Mill Road. 6. The design is compatible with approved improvements both on and off the site; The project has been be reviewed by the City of Palo Alto Utilities Department and the Public Works Department to ensure compatibility with improvements. The proposed project would include street improvements to be funded and implemented by the applicant. The proposed street improvements would facilitate proposed plans to establish Park Boulevard as a ‘bike boulevard.’ 7. The planning and siting of the various functions and buildings on the site create an internal sense of order an provide a desirable environment for occupants, visitors and the general community. The proposed project has clearly defined area of residential and R&D uses. The main approach to the building would be from Park Boulevard and would lead into an open landscaped courtyard that is mostly surrounded by the building. The site has sufficient bike secured and public bicycle parking facilities for residents, employees and visitors. The upper two floors consist of residential units and include amenities such as a swimming pool and spa, a gym and a meeting room. The R&D use is proposed at the first floor level. The units that would be most impacted by passing trains on the adjacent JPB railway property would be buffered by the hallway providing access to the units; balconies for these units would face the central courtyard. No residential units would face the railway property. 8. The amount and arrangement of open space are appropriate to the design and the function of the structures. A minimum of 20% (20,994 square feet) of the lot area must be developed as permanently maintained usable open space, measured on the ground floor only. The proposed project would include approximately 23.5% (26,556 square feet) of the site as usable open space. Each unit would (with the exception of two units) have a private balcony of at least 50 square feet. Although PAMC Section 18.13.040 generally requires at least 50 sq. ft. of private open space per unit, PAMC Section 18.13.040(e)(2)(B) allows the 50 sq. ft. per unit to be added to the common usable open space. Proposed at 16,636 sq. ft., the amount of common usable open space is well above the minimum required 4,200 sq. ft. of common usable open for all 84 dwelling units. The central courtyard would include landscaping and amenities such as benches for use by both visitors and occupants of the project. 9. Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the Attachment A 6 project’s design concept. This finding can be made in the affirmative in that sufficient well-designed amenities are proposed in the project that would be compatible with the project design as described herein. 10. Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles. Vehicles will enter the site from Park Boulevard to access both the at-grade and below grade parking facilities. The project would include a warning device to alert pedestrians of cars exiting the parking garage. Bicyclists will have access to bicycle parking (both rack and lockers) in the courtyard. Each unit will have private storage in the below grade parking garage that also can be used for bike parking. Pedestrians may enter the site from the courtyard entrances on Park Boulevard and Page Mill Road or from the parking garage. Access is available to all floors via staircases or elevators in the building’s interior. 12. The materials, textures, colors and details of construction and plant material are an appropriate expression of the design and function and are compatible with the adjacent and neighboring structures, landscape elements and functions. The building materials would include stucco and metal panels for the exterior walls. The interior of the courtyard would have decorative landscaping, interlocking pavers, decorative paving, and a fountain. A landscaped strip adjacent to the building would be located behind the sidewalk along both Page Mill Road and Park Boulevard. 13. The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable functional environment and the landscape concept depicts an appropriate unity with the various buildings on the site. The proposed landscaping for the project would bring plants, shrubs, and trees to a relatively barren site, and the landscape concept depicts an appropriate unity with the building on the site in that the amount or types of planting do not overwhelm, but support the building design as conditioned. 14. Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety, which would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance. The Planning Arborist has reviewed all plant materials, with final approval of street trees in the purview of the Public Works Department. The proposed water- conserving irrigation system and any final list of plant materials would be evaluated in conjunction with the building permit. 15. The design is energy efficient and incorporates renewable energy elements including but not limited to: The project is required to meet the City’s Green Building requirements. The project’s sustainable design strategies include energy- efficient building systems and drought-tolerant plants. (ARB findings #4 and #11 would not apply to this project.) In conclusion, all of the applicable Architectural Review findings for Attachment A 7 Application 08PLN-00000-00295 can be made in the affirmative, subject to meeting the conditions of approval as modified by the ARB on July 7, 2011, and approved by the Director of Planning and Community Environment. SECTION 4. Architectural Review Approval. The Architectural Review application for a new 3-story mixed-use building (Park Plaza) and associated on-site and off-site improvements, as recommended by the Architectural Review Board and approved on July 12, 2011 by the Director of Planning and Community Environment, includes the granting of two concessions pursuant to California Government Code Section 65915-65918: (1) to allow residential use in GM ‘General Manufacturing’ zone, and (2) to exceed the allowable FAR. The Architectural Review project is 84 residential units in 106,320 square feet of floor area on the 2nd and 3rd floors, including 17 affordable residential units, plus lobbies, an outdoor deck and a pool area; parking facilities located within a subterranean garage providing 274 automobile spaces and 84 class I bicycle storage lockers, and uncovered parking spaces at the first floor level providing 19 vehicles and 9 vehicles in “landscape reserve” for future use as needed and bicycle parking (16 class I lockers and 12 racks); and 50,467 square feet of first floor area for research and development use. The plans submitted for Building Permit shall be in substantial conformance with those plans prepared by Hoover Associates titled “Park Plaza 2865 Park Blvd. 195 Page Mill Road”, dated June 28, 2011, reviewed by the Architectural Review Board, except as modified to incorporate the conditions of approval in this Record of Land Use Action. A copy of these plans is on file in the Department of Planning and Community Development. The conditions of approval in Section 5 shall be printed on the cover sheet of the plan set submitted with the Building Permit application. SECTION 5. Architectural Review Approval Conditions. PLANNING AND COMMUNITY ENVIRONMENT CONDITIONS Planning Division 1. The applicant shall fund and implement a 139’ left turn stacking lane as shown and approved in conjunction with the Architectural Review project plans. 2. The plans submitted for building permit shall reflect changes to the plans dated June 28, 2011, presented to the ARB on July 7, 2011 and further conditioned with ARB approval as follows: (A) The ALT drawings in the plan set reviewed by the ARB on July 7, 2011 (reflecting the alternate tower design) shall be removed from plans submitted for building permit. Attachment A 8 (B) As shown in the June 28, 2011 plan set conditionally approved by ARB on July 7, 2011, colors shall be mocked up (brush-out sample areas) on the building following construction for ARB subcommittee review (arranged by the ARB liaison following contact by the applicant that the mockup is in place). (C) The accent wall parapets shall have 24” returns. (D) Sun shades shall be provided on upper floor residential windows on three sides (Park Blvd, Page Mill Road, and side facing the adjacent parcel (Akins). (E) The Planting Plan (Plan Sheet L2.1) shall indicate V-1 vine species as ‘Pink Jasmine’ per applicant’s July 6, 2011 letter reviewed by the ARB. (F) Prior to building permit submittal, the applicant shall submit the following details for ARB subcommittee review: i. The upper floor window sunshade details; ii. The light fixture cut sheets and locations; iii. Fence details; iv. Perspective views of the tower from both street frontages with tower lid details to ensure design integrity on all four sides of the tower 3. Additional Conditions regarding R&D space and air quality testing: a. Biological materials within the R&D space shall be restricted to Biological Level One (non-infectious) materials; no Biological Level Two through Four biological materials shall be permitted within the R&D space and tenant lease(s) shall reflect this prohibition; b. Applicant or applicant’s successor shall implement the proposed collection of baseline samples of air quality on a one-time basis on all four floors (basement and above grade floors) of the project, not later than 90 days following final inspection approval for the project, to the Planning Director, along with a report from a qualified environmental consultant comparing the results with required State or Federal standards, whichever is applicable. If any sample indicates violation of applicable air quality standards, remedial measures must be taken to correct the violation accordingly prior to occupancy of any residential unit. 4. The project is required to comply with PAMC 16.14 for green building. Building permit plans shall include compliance with the Multifamily Greenpoint Rated Checklist for the residential portion of the project and the California Green Building Code Checklist – as locally amended to require Tier 2 – for the R&D portion of the project. 5. The project is required to comply with PAMC 16.12.030 for recycled water infrastructure. Building permit plans shall include the on-site infrastructure necessary to connect the site’s irrigation system to the city’s recycled water supply when it becomes available. Plans shall demonstrate that recycled water will be used when available, and include consideration for plants that are recycled water tolerant. Attachment A 9 6. The project at 195 Page Mill Road has over 100 toilets, which triggers the City’s requirement to install dual-plumbing for toilet flushing, in addition to the use of recycled water in the landscape. Please visit the following link for more information on the recycled water ordinance. www.cityofpaloalto.org/les 7. If during excavation and construction activities, any archaeological or human remains are encountered, construction shall cease and the Santa Clara County Medical Examiner’s office shall be notified to provide proper direction on how to proceed. If any Native American resources are encountered during construction, construction shall cease immediately until a Native American descendant, appointed by the Native American Heritage Commission of the State of California, is able to evaluate the site and make further recommendations and be involved in mitigation planning. 8. To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City Council, its officers, employees, consultants and agents (the “indemnified parties) from 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 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. 9. Development Impact Fees in the estimated amount of $149,150.99 for community center fees, $47,268.14 for library fees, $572,388.63 for park fees, and $391,297 for the Citywide transportation impact fee (TIF). The fee estimates were based on an assumption of an existing commercial building at 50,467 square feet, which had existed on the property until 2007, resulting in no requirement for housing fees and no additional associated parks, community center, library fees, nor Citywide TIF for the commercial portion of the project. The final fee amount will be determined based upon impact fee rates in place at the time of building permit issuance. 10. The following mitigation measures specified in the adopted Mitigated Negative Declaration shall be followed: MM-1: Implementation of ARB Recommendations Any Architectural Review conditions of approval, with respect to the design of the proposed project, shall be incorporated into the final design by the applicant. MM-2: Indoor Air Filtration A central HVAC (heating, ventilation and air conditioning) shall be installed that includes high efficiency filters for particulates (MERV-13 or higher). The system should operate Attachment A 10 to maintain positive pressure within the building interior to prevent infiltration of outdoor air indoors. MM-3: Protection of Nesting Birds The applicant shall abide by all provisions of Sections 3503 and 3503.5 of the State Fish and Game Code and Migratory Bird Treaty Act of 1918 (MBTA) as published in the Federal Register (Vol. 70, No. 49; March 15, 2005). Although there is no vegetation on the project site that may contain nesting birds, there may be nesting birds in existing vegetation abutting the proposed project site (e.g., in the Caltrain property). To protect any nesting birds, the proposed project may avoid construction during the nesting period. Alternatively, a qualified wildlife biologist (to be hired by the applicant) shall conduct a survey for nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code in the vicinity of the project site. This survey shall cover all areas that would be disturbed as a result of construction related activities during the nesting period, and shall include a “buffer zone” (an area of potential sensitivity, beyond the bounds of the proposed project construction area) which shall be determined by the biologist based on his or her professional judgment and experience. This buffer zone may include off-site habitat. This biological survey shall be conducted no more than 14 days prior to the commencement of construction activities. The wildlife biologist shall provide a report to the City promptly, detailing the findings of the survey. No construction shall be conducted until this report has been provided to the City and the City has authorized in writing the commencement of construction activities in accord with the biologist’s findings. If nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code are discovered within the buffer zone, the report shall specify the locations of the nests and shall establish an appropriate construction buffer zone around the nest location(s). Nests containing birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code discovered on site or at off-site locations shall not be disturbed, and construction shall not occur within the appropriate construction buffer zone until a qualified wildlife biologist determines that the young have fledged and left the nest. MM-4: Protocol for Management of On-site Contamination a) A formal dewatering plan (Construction Dewatering Contingency Plan) shall be prepared, consistent with Attachment A 11 Mitigation Measure MM-6 in Section VIII, Hydrology and Water Quality of this Initial Study and consistent with the City’s Construction Dewatering System Plan Preparation Guidelines and Dewatering from Construction Sites and In-ground Utilities Maintenance Manual. This plan shall be prepared and submitted for final approval by the City’s Public Works Department prior to issuance of City permits. The applicant shall provide information in the plan regarding the lateral and vertical distances to existing groundwater contamination plumes and an analysis of the potential impacts to those plumes caused by construction activity on the project property, including the use of dewatering sumps or wells under the proposed underground parking structure. Prior to submission to the City, this information shall be submitted to the RWQCB for approval that the proposed work on the subject property, including any use of dewatering sumps or dewatering wells would not have an adverse impact on the current and future cleanup effort of the HP-Varian or COE plumes. The approval shall be submitted to the City’s Public Works Department with the plan and shall verify that dewatering sumps or dewatering wells, if proposed, would not alter the path of the groundwater contamination plume(s) and could not result in 1) bringing groundwater contamination to the project site or 2) a possible future exposure of the public on the project site to groundwater contaminants. The plan shall identify testing and analysis methods, and treatment, if necessary, for disposal into the storm drain system to ensure compliance with the City’s Municipal NPDES permit. Sufficient personnel and material shall be provided by the applicant to implement the plan, should groundwater be encountered by the excavation. b) The applicant shall provide ready access to the project site for the City Building Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, to inspect and enforce implementation of the Soil Management Plan prepared by Tucker Engineering addressing the procedures and precautions to be used for the proper containment, profiling, movement, exportation of soil, etc. during the excavation and construction period. c) The applicant shall provide ready access to the project site for the third party inspection service, which would report to the City and be financed by the Attachment A 12 applicant to inspect and enforce implementation of the Remedial Risk Management Plan (RRMP), including implementation of the Site Health and Safety Plan; contaminated soil sampling, excavation, and management; the dewatering contingency plan; reporting requirements; land use covenant and environmental restrictions; long term monitoring, inspections, contingencies, and enforcement. d) The applicant shall file documentation with the RWQCB, the third party inspection service reporting to the City and financed by the applicant, and the City for final approval of the completion of the excavation, including soil sampling results within 60 days following the completion of excavation. e) Prior to issuance of the occupancy permit the applicant shall file documentation from an independent consultant specializing in vapor mitigation system design and installation for final approval by the third party inspection service reporting to the City and financed by the applicant confirming that each component (collection pipes, transmission pipes, inlets, risers, vents, etc.) of the vapor intrusion mitigation system (VIMS) has been installed in accordance with the recommendations of the Vapor Mitigation System and Monitoring Plan, and includes the installation of a full vapor barrier, which shall be a 60-mil thick, spray-applied membrane below the elevator shafts, stairwells, pipe chases, and entire floor-slab, as part of the active vapor collection and venting system (i.e., driven by electric fans at the effluent end of the VIMS riser pipes and enhanced by outside air entering through inlet vents) to be installed in the building to mitigate potential soil vapor intrusion. f) The applicant shall file documentation with the RWQCB and the City for final approval by the third party inspection service reporting to the City and financed by the applicant of installation of the VIMS, initial garage air sampling results, and the startup sub-slab vapor-riser monitoring results, with vapor-riser monitoring reports submitted as required by the RRMP, within 60 days following the completion of building construction. g) The applicant shall comply with contingencies regarding vapor monitoring to protect against potential vapor intrusion which would involve additional remediation if the results of the first six (monthly) monitoring events indicate any cause for concern. If the VIMS is operating correctly, monitoring would continue Attachment A 13 quarterly until vapor concentrations were reduced to 50 percent of the RWQCB ESLs and annually thereafter. If the third party inspection service determines that the VIMS is not functioning adequately, the system is required to be redesigned (under the supervision of the third party inspection service) for more effective removal of VOCs. Monitoring would continue until VOC concentrations were demonstrated to be maintained below the commercial ESLs, as recommended by the RWQCB. h) The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the storage and use of hazardous materials within their space would not exceed the limits set by Tables 2703.1.1(1), (2), and (3) Maximum Allowable Quantity Per Control Area of Hazardous Materials Posing a Physical Hazard, 2010 California Fire Code, Title 24, Part 9, Chapter 27, Section 2703.1.1. The space for each R&D tenant proposing to use hazardous materials shall be constructed as a separate compartment with one-hour rated walls, protected common openings, and separate ventilation systems. i) The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the tenant shall comply with the City’s Hazardous Materials Reporting Requirements and shall prepare and file with the Fire Department, as appropriate, a Hazardous Materials Management Plan or a Hazardous Materials Inventory Statement providing sufficient information on how and where hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. j) Monitoring wells encountered during site preparation or excavation shall be reported immediately to the RWQCB for its decision regarding proper abandonment or abandonment and replacement by the applicant. Work shall stop in proximity to the well(s) until the decision of the RWQCB is implemented. The applicant shall file documentation with the RWQCB and the City for final approval by the City Building Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, of proper abandonment or abandonment and replacement of any affected wells. Attachment A 14 MM-5: Grading and Drainage Plan The applicant shall submit a final grading and drainage plan for the proposed project, for City approval prior to the issuance of a grading, excavation, or building permit. This grading and drainage plan shall comply with Engineering Design Standards for storm drain facilities, shall be designed to convey the 10-year storm flow, and shall reflect the recommendations of the Joe Crosby and Associates Geotechnical Report, dated May 10, 2004. MM-6: Construction Dewatering Plan A construction dewatering plan shall be prepared consistent with Chapter 33 of the 2007 California Building Code, and shall be submitted to the City in association with all proposed sub-grade garage excavation activities prior to issuance of a grading, excavation or building permit. The applicant shall include the dewatering plan in the permit plan set submitted for approvals for any excavation activities on the project site. The plan shall provide a system that would remove silt and other pollutants from this water and place clean water into the City storm drain system. The applicant shall secure current data on the depth to groundwater immediately prior to excavation by using piezometers, or by drilling exploratory holes, if the deepest excavation would be less than four feet above the highest anticipated groundwater level. Should dewatering be necessary (i.e., if excavation would occur within four feet above the highest anticipated groundwater level and the piezometer investigation revealed the presence of free groundwater within four feet above that highest anticipated groundwater level), the applicant shall secure City permits associated with the placement of dewatering equipment or actual dewatering and excavation activities on the project site or the abutting public right- of-way prior to beginning excavation. Upon installation, the dewatering system shall reflect BMPs that ensure the water discharged would be of appropriate quality. The installation shall be approved by a City field inspector prior to the commencement of construction water discharge to the storm drain. Extracted groundwater shall be tested for contaminants prior to initial discharge and at intervals during dewatering. Testing shall be performed by an independent testing firm hired by the Building Official, at the owner's expense. Any dewatering to occur in the public right-of-way shall be subject to review and approval by the City of Palo Alto Public Works Department. MM-7: Indoor Noise Minimization Attachment A 15 The project shall include design features as specified in the project noise assessment to reduce the indoor noise levels to meet the interior noise standards prescribed by the City of Palo Alto Comprehensive Plan Policy N-39. MM-8: Pedestrian Warning System A vehicle exiting/pedestrian warning system shall be installed for the underground parking garage driveway to eliminate potential conflicts between vehicles and pedestrians/bicyclists. MM-9: Transportation Demand Management Plan A Transportation Demand Management Plan (TDM) program shall be implemented as approved by the Director of Planning and Community Environment. The TDM shall be submitted for review and approval prior to issuance of building permits and shall include a shared parking analysis based on the number of assigned parking spaces, and may incorporate (but shall not be limited to) such features as: developer-sponsored subsidized transit passes for residents and employees, a transportation coordinator, convenient displays of alternative travel options, and unbundling of parking, if such features are determined to be adequately effective by the Director of Planning and Community Environment in reducing parking demand. The TDM program shall be subject to further review after building occupancy pursuant to PAMC 18.52.050(d)(3) and (4). Housing Condition 11. Applicant has requested two concessions from the City under the State Density Bonus Law. Prior to approval of the Tentative Map, Applicant must comply with State Density Bonus Law and the City’s Below Market Rate Housing Ordinance, as applicable, by deed restricting 20%, or 17, of the approved housing units to be affordable pursuant to State law and City below-market rate policy. This deed restriction shall be in a form acceptable to the City and an agreement to that effect shall be recorded in conjunction with recording of the Final Map. Transportation Division 12. The plans, ‘Exhibit A,’ include public street improvement plans which are to be funded and implemented by the owner in conjunction with this project, and shall be completed prior to final occupancy approval.13. The short term (plaza level) bicycle racks should be inverted-U type racks, or other approved by transportation staff. 14. The new curb shown would be acceptable. (Maintain 5 foot bike lane and 10.5 foot travel lanes throughout frontage). Attachment A 16 15. Accessible parking spaces shall be 18 feet long. 16.Parking spaces that are adjacent to walls have a minimum width requirement of 9’-0”. A substandard stall, especially without the additional backup space would not be acceptable toward the parking requirement. The City of Palo Alto no longer allows new spaces to be designated for compact cars. 17. The following measures shall be incorporated during construction:  All active construction areas shall be watered at least twice daily.  All trucks hauling soil, sand, and loose materials shall be covered or shall retain at least two feet of freeboard.  All paved access roads, parking areas, and staging areas at the construction site shall be swept and watered daily.  A plan shall be submitted for the recovery/recycling of demolition waste and debris before the issuance of a demolition permit.  Streets shall be swept daily if visible soil material is carried onto adjacent public streets.  The approved Logistics Plan for work in the right-of-way shall be strictly followed.  Qualified contractors should be used to identify and properly dispose ACM and lead-based paint materials if encountered. Planning Arborist Landscape Plans 18. The building permit plan set shall include a detailed landscape and irrigation plan encompassing on-and off-site plantable areas out to the curb as approved by the Architectural Review Board. A Landscape Water Use statement, water use calculations and a statement of design intent shall be submitted for the project. A licensed landscape architect and qualified irrigation consultant will prepare these plans, to include: (a) All existing trees (if applicable) identified both to be retained and removed including street trees. (b) Complete plant list indicating tree and plant species, quantity, size, and locations. (c)Irrigation schedule and plan. (d)Fence locations. (e) Lighting plan with photometric data. (f) Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. (g) All new trees planted within the public right-of-way shall be installed per Public Works (PW) Standard Planting Diagram #603 or 604 (include on plans), and shall have a tree pit dug at least twice the diameter of the root ball. (h) Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood Attachment A 17 or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. (i) Automatic irrigation shall be provided to all trees. For trees, PW Detail #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. Bubblers shall not be mounted inside an aeration tube. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards. Irrigation in the right-of-way requires a street work permit per CPA Public Works standards. (j) The Landscape Plan shall ensure the backflow device is adequately obscured with the appropriate screening to minimize visibility (planted shrubbery is preferred, painted dark green, decorative boulder covering acceptable; wire cages are discouraged). 19. Mandatory Landscape Architect (LA) Inspection Verification to the City: The LA of record shall verify the performance measurements are achieved with a separate letter of verification to City Planning staff, in addition to owner’s representative for the following: Tree and Shrub Planting Specifications, including delivered stock, meets Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling roots and previously topped trees are subject to rejection. 20. The groundcover species in the planter strips, where star jasmines and geranium varieties are proposed shall be replaced with a variety of carpet rose plants. During Construction 21. 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. 22. 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. Prior to Occupancy 23. LANDSCAPE INSPECTION. The Planning Department shall be in receipt of written verification that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. 24. PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact the city planner (650-329-2441) to inspect and Attachment A 18 verify Special Conditions relating to the conditions for structures, fixtures, colors and site plan accessories. Post Construction 25. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-2001 or current version). Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. PUBLIC WORKS - OPERATIONS TREES 26. Page Mill Road and Park Boulevard: Utilize city-approved Silva Cell soil planter (approx. 30-inch depth) beneath the new sidewalk from corner to corner. Utilities shall be allowed to pass thru the planters. Provide automatic irrigation using a solar smart controller with two bubblers per tree. Utilize Public Works Planting Detail #604. Beneath each tree planting site, auger two 4-6” diameter drain holes 3 ft deep below the bottom of the planter basin soil and backfill with medium sand (0.25 to 0.5 mm) or fine gravel. 27. For the Park Boulevard frontage, the proposed landscape plan shall be revised to show: (1) five 24-inch box Hornbeam trees in place of the five Australian Willow trees, and (2) the planting locations of the proposed two London Plane (‘Columbia’ variety rather than ‘Yarwood’) street trees closest to the adjacent property at 3845 Park Boulevard shall be shifted one foot further back from the curb (this may require a slight modification to the sidewalk design to accommodate sufficient planting areas for the ne street trees). 28. Provide automatic irrigation using a solar smart controller with two bubblers per tree. Utilize Public Works Planting Detail #604. Beneath each tree planting site, auger two 4-6” diameter drain holes 3ft deep below the bottom of the planter basin soil and backfill with medium sand (0.25 to 0.5 mm) or fine gravel. Automatic irrigation shall be provided to all street trees utilizing PW Detail #513. 29. The final landscape and irrigation shall be subject to review and approval by the Public Works Operation Division prior to issuance of building permits. PUBLIC WORKS ENGINEERING SERVICES 30. OFFSITE PUBLIC IMPROVEMENTS: The City will determine which offsite public improvements will be required for this project, potentially including, but not limited to: new utility services; new Attachment A 19 sidewalk, curb, gutter, planter strip and street trees; grinding, repaving, reconfiguring and restriping the full width of the City streets adjacent to the site; and street signage. Special sidewalk treatments must be approved by Public Works. The offsite improvement plans must be submitted to Public Works for review. Construction of the offsite public improvements will be authorized by a Street Work Permit. 31. BONDS: The developer shall post performance and payment bonds prior to the issuance of the Street Work Permit for the offsite public improvements. The developer shall submit a cost estimate of the offsite improvements, which the City will review and use to determine the acceptable dollar amount of the bonds. 32. BASEMENT DRAINAGE: Due to high groundwater throughout much of the City and Public Works prohibiting the pumping and discharging of groundwater, perforated pipe drainage systems at the exterior of the basement walls or under the slab are not allowed for this site. Public Works recommends a waterproofing consultant be retained to design and inspect the vapor barrier and waterproofing systems for the basement. 33. BASEMENT SHORING: Shoring for the basement excavation, including tiebacks, must not extend onto adjacent private property or into the City right-of-way without having first obtained written permission from the private property owners and/or an encroachment permit from Public Works. Public Works will not allow any of the shoring system to remain in the public right-of-way after construction is complete except tiebacks. 34. DEWATERING: Basement excavations may require dewatering during construction. Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is disallowed. Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level. We recommend a piezometer to be installed in the soil boring. The contractor must determine the depth to groundwater immediately prior to excavation by using the piezometer or by drilling an exploratory hole if the deepest excavation will be within 3 feet of the highest anticipated groundwater level. If groundwater is within 3 feet of the deepest excavation, a drawdown well dewatering system must be used, or alternatively, the contractor can excavate for the basement and hope not to hit groundwater, but if he does, he must immediately stop all work and install a drawdown well system before he continues to excavate. Public Works may require the water to be tested for contaminants prior to initial discharge and at intervals during dewatering. If testing is required, the contractor must retain an independent testing firm to test the discharge water for the contaminants Public Works specifies and submit the results to Public Works. Attachment A 20 Public Works reviews and approves dewatering plans as part of a Permit for Construction in the Public Street (“street work permit”). The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering. Public Works has a standard dewatering plan sheet that can be used for this purpose and dewatering guidelines are available on Public Works’ website. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. 35. GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a licensed professional that demonstrates proper drainage of the site. Additionally, if the applicant will be connecting onsite storm drains to the city’s storm drain system, he must provide calculations demonstrating that post- development discharge of run-off will be no more than pre- development runoff, otherwise, he may be required to provide onsite detention. 36. GRADING PERMIT: The site plan must include a table providing the cubic yardage of dirt being cut and filled outside of the building footprint. If the total is more than 100 cubic yards, a grading permit will be required. An application and plans for a grading permit are submitted to Public Works separately from the building permit plan set. The application and guidelines are available at the Development Center and on our website. 37. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, preparing and implementing a site specific storm water pollution prevention plan (SWPPP) that addresses construction-stage BMP’s for storm water quality protection, and conducting monitoring and sampling of storm water and non-storm water discharges from the site during construction per the requirements of the General Permit. Effective, September 2, 2011, the SWPPP shall be implemented by a Qualified SWPPP Practitioner (QSP) retained by the applicant. 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. Also, include the City's standard "Pollution Prevention - It's Part of the Plan" sheet in the building permit plan set. Copies are available from Public Works at the Development Center. 38. 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 Attachment A 21 Developments form and instructions are available at the Development Center or on our website. 39. C.3: This project will trigger the California Regional Water Quality Control Board’s revised provision C.3 for storm water regulations (incorporated into the Palo Alto Municipal Code, Section 16.11) that apply to land development projects that create or replace 10,000 square feet or more of impervious surface. The City’s regulations require that the project incorporate a set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality. The applicant will be required to identify, size, design and incorporate permanent storm water pollution prevention measures (preferably landscape- based treatment controls such as biotreatment planters, bioswales, filter strips, and permeable pavers rather than mechanical devices that require long-term maintenance) to treat the runoff from a specified “water quality storm” prior to discharge to the municipal storm drain system. If the project does not receive its final discretionary approval from the City prior to December 1, 2011, the applicant must also comply with the Low Impact Development (LID) requirements for storm water treatment, as specified in Palo Alto Municipal Code Section 16.11.030(c). Prior to the issuance of a building permit, the applicant shall submit a certification by a qualified third party reviewer acceptable to the City that the design of the project complies with the requirements of Palo Alto Municipal Code Chapter 16.11. Within 45 days of installation of the required storm water treatment measures, a qualified third party reviewer acceptable to the City shall provide written certification that the treatment measures are constructed or installed in accordance with the approved plans. The applicant must designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City. No final occupancy permit shall be issued until such third party certification and maintenance agreement are provided to Public Works Engineering. The City will inspect the treatment measures yearly and charge an inspection fee. There is currently a $350 C.3 plan check fee that will be collected upon submittal for a grading or building permit. 40. AS-BUILTS: At the conclusion of the project, applicant shall provide digital as-built plans of all improvements constructed in the public right-of-way or easements in which the City owns an interest. A digital copy of the subdivision map shall also be provided. All files should be delivered in AutoCad drawing format. For each CD delivery, a simple digital text file will need to accompany the files. This is called a Metadata file and will include the date of the file, the coordinates used, the source of the data, the company name and contact information, along with the technician who prepared them. 41. BUILDING PERMIT SIGN-OFF: The Public Works Inspector shall sign-off the building permit. Activities that must be completed Attachment A 22 prior to this sign-off include: 1) all off-site improvements, 2) all on-site grading and storm drain improvements, 3) all post- construction storm water pollution control measures (including third-party certification [within 45 days of installation] that the measures are installed in accordance with the approved plans), 4) entering into and recording a maintenance agreement for the C.3 measures, and 5) submittal of as-built record drawings for improvements in the public right-of-way. PUBLIC WORKS WATER QUALITY ENVIRONMENTAL COMPLIANCE 42. (PAMC 16.09.170, 16.09.040 Discharge of Groundwater). The project is located in an area of suspected or known groundwater contamination with Volatile Organic Compounds (VOCs). If groundwater is encountered then the plans must include the following procedure for construction dewatering: Prior to discharge of any water from construction dewatering, the water shall be tested for volatile organic compounds (VOCs) using EPA Method 601/602 or Method 624. The analytical results of the VOC testing shall be transmitted to the Regional Water Quality Control Plant (RWQCP) 650-329-2598. Contaminated ground water that exceeds state or federal requirements for discharge to navigable waters may not be discharged to the storm drain system or creeks. If the concentrations of pollutants exceed the applicable limits for discharge to the storm drain system then an Exceptional Discharge Permit must be obtained from the RWQCP prior to discharge to the sanitary sewer system. If the VOC concentrations exceed the toxic organics discharge limits contained in the Palo Alto Municipal Code (16.09.040(m)) a treatment system for removal of VOCs will also be required prior to discharge to the sanitary sewer. Additionally, any water discharged to the sanitary sewer system or storm drain system must be free of sediment. 43. (PAMC 16.09.180(b)(11) Carwash Required). New Multi-family residential units and residential development projects with 25 or more units shall provide a covered area for occupants to wash their vehicles. A drain shall be installed to capture all vehicle wash waters and shall be connected to an oil/water separator prior to discharge to the sanitary sewer system. The oil/water separator shall be cleaned at a frequency of at least once every six months or more frequently if recommended by the manufacturer or the Superintendent. Oil/water separators shall have a minimum capacity of 100 gallons. The area shall be graded or bermed in such a manner as to prevent the discharge of storm water to the sanitary sewer system. Attachment A 23 44. (PAMC 16.09.080 Industrial Waste Discharge Permit). Industrial dischargers must submit an application for an industrial waste discharge permit no later than sixty days in advance of commencing discharge. 45. (PAMC 16.09.180(b)(9) Covered Parking). Drain plumbing for parking garage floor drains must be connected to an oil/water separator with a minimum capacity of 100 gallons, and to the sanitary sewer system 46. (PAMC 16.09.180(b)(10) Dumpsters for New and Remodeled Facilities). New buildings and residential developments providing centralized solid waste collection, except for single-family and duplex residences, shall provide a covered area for a dumpster. The area shall be adequately sized for all waste streams and designed with grading or a berm system to prevent water runon and runoff from the area. 47. (PAMC 16.09.180(b)(14) Architectural Copper). On and after January 1, 2003, copper metal roofing, copper metal gutters, copper metal down spouts, and copper granule containing asphalt shingles shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. Replacement roofing, gutters and downspouts on historic structures are exempt, provided that the roofing material used shall be prepatinated at the factory. For the purposes of this exemption, the definition of "historic" shall be limited to structures designated as Category 1 or Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report and Inventory. 48. (PAMC 16.09.175(k) (2) Loading Docks). (i) Loading dock drains to the storm drain system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy season and during periods of loading dock operation. (ii) Where chemicals, hazardous materials, grease, oil, or waste products are handled or used within the loading dock area, a drain to the storm drain system shall not be allowed. A drain to the sanitary sewer system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy season and during periods of loading dock operation. The area in which the drain is located shall be covered or protected from rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the Superintendent shall be provided for all rainwater contacting the loading dock site. Attachment A 24 49. (PAMC 16.09.180(b)(5) Condensate from HVAC). Condensate lines shall not be connected or allowed to drain to the storm drain system. 50. (PAMC 16.09.205 Cooling Towers). No person shall discharge or add to the sanitary sewer system or storm drain system, or add to a cooling system, pool, spa, fountain, boiler or heat exchanger, any substance that contains any of the following: (1) Copper in excess of 2.0 mg/liter; (2) Any tri-butyl tin compound in excess of 0.10 mg/liter; (3) Chromium in excess of 2.0 mg/liter. (4) Zinc in excess of 2.0 mg/liter; or (5) Molybdenum in excess of 2.0 mg/liter. The above limits shall apply to any of the above-listed substances prior to dilution with the cooling system, pool, spa or fountain water. A flow meter shall be installed to measure the volume of blowdown water from the new cooling tower. Cooling systems discharging greater than 2,000 gallons per day are required to meet a copper discharge limit of 0.25 milligrams per liter. 51. (PAMC 16.09.180(b)(b) Copper Piping). Copper, copper alloys, lead and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical. The plans must specify that copper piping will not be used for wastewater plumbing. 52. (PAMC 16.09.175(j) Traps Below Laboratory Sinks). Sewer traps below laboratory sinks shall be made of glass or other approved transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be established by the Superintendent. In establishing the cleaning frequency, the Superintendent shall consider the recommendations of the facility. The Superintendent will grant an exception to this requirement for areas where mercury will not be used; provided, that in the event such an exception is granted and mercury is subsequently used in the area, the sink trap shall be retrofitted to meet this requirement prior to use of the mercury. 53. (PAMC 16.09.175(a) Floor Drains). Interior (indoor) floor drains to the sanitary sewer system may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, vehicle fluids or vehicle equipment cleaning wastewater are used or stored, unless secondary containment is provided for all such materials and equipment Attachment A 25 54. (PAMC 16.09.175(i) Laboratory Sinks). Laboratory countertops and laboratory sinks shall be separated by a berm which prevents hazardous materials spilled on the countertop from draining to the sink. 55. (PAMC 16.09.180(b)(1) and 16.09.105 Segregated Plumbing and Sampling Locations). The owner of every new commercial and industrial building or portion thereof shall cause the building to be constructed so that industrial waste is segregated, by means of separate plumbing, from domestic waste prior to converging with other waste streams in the sanitary sewer system. For the purposes of this section only, the term "new" shall also include change to a use that requires plumbing for industrial waste. Establishments from which industrial wastes are discharged to the sanitary sewer system shall provide and maintain one or more sampling locations or metering devices or volume and flow measuring methodologies or other sampling and measuring points approved by the Superintendent which will allow the separate measuring and sampling of industrial and domestic wastes. Unless otherwise approved by the Superintendent, domestic and industrial waste shall be kept completely separated upstream of such sampling locations and/or measuring points. Establishments that are billed for sewer service on the basis of sewage effluent constituents shall provide a suitable means for sampling and/or measurement of flow to determine billing constituents in accordance with the utilities rules and requirements. Sampling locations shall be so located that they are safe and accessible to the Superintendent at any reasonable time during which discharge is occurring. 56. (16.09.180(12) Mercury Switches). Mercury switches shall not be installed in sewer or storm drain sumps. 57. (PAMC 16.09.205(a) Cooling Systems, Pools, Spas, Fountains, Boilers and Heat Exchangers). It shall be unlawful to discharge water from cooling systems, pools, spas, fountains boilers and heat exchangers to the storm drain system. 58. (PAMC 16.09.165(h) Storm Drain Labeling). Storm drain inlets shall be clearly marked with the words "No dumping - Flows to Bay," or equivalent. 59. Undesignated Retail Space: (PAMC 16.09) Newly constructed or improved buildings with all or a portion of the space with undesignated tenants or future use will need to meet all requirements that would have been applicable during design and construction. If such undesignated retail space becomes a food service facility the following requirements must be met: Attachment A 26 Food Service Establishment (FSE) Project: A. Grease Control Device (GCD) Requirements, PAMC Section 16.09.075 & cited Bldg/Plumbing Codes 1. The plans shall specify the manufacturer details and installation details of all proposed GCDs. (CBC 1009.2) 2. GCD(s) shall be sized in accordance with the 2007 California Plumbing Code. 3. GCD(s) shall be installed with a minimum capacity of 500 gallons. 4. GCD sizing calculations shall be included on the plans. See a sizing calculation example below. 5. The size of all GCDs installed shall be equal to or larger than what is specified on the plans. 6. GCDs larger than 50 gallons (100 pounds) shall not be installed in food preparation and storage areas. Santa Clara County Department of Environmental Health prefers GCDs to be installed outside. GCDs shall be installed such that all access points or manholes are readily accessible for inspection, cleaning and removal of all contents. GCDs located outdoors shall be installed in such a manner so as to exclude the entrance of surface and stormwater. (CPC 1009.5) 7. All large, in-ground interceptors shall have a minimum of three manholes to allow visibility of each inlet piping, baffle (divider) wall, baffle piping and outlet piping. The plans shall clearly indicate the number of proposed manholes on the GCD. The Environmental Compliance Division of Public Works Department may authorize variances which allow GCDs with less than three manholes due to manufacture available options or adequate visibility. 8. Sample boxes shall be installed downstream of all GCDs. 9. All GCDs shall be fitted with relief vent(s). (CPC 1002.2 & 1004) 10. GCD(s) installed in vehicle traffic areas shall be rated and indicated on plans. B. Drainage Fixture Requirements, PAMC Section 16.09.075 & cited Bldg/Plumbing Codes 11. To ensure all FSE drainage fixtures are connected to the correct drain lines, each drainage fixture shall be clearly labeled on the plans. A list of all fixtures and their discharge connection, i.e. sanitary sewer or grease waste line, shall be included on the plans. 12. A list indicating all connections to each proposed GCD shall be included on the plans. This can be incorporated into the sizing calculation. 13. All grease generating drainage fixtures shall connect to a GCD. These include but are not limited to: a. Pre-rinse (scullery) sinks b. Three compartment sinks (pot sinks) c. Drainage fixtures in dishwashing room except for dishwashers shall connect to a GCD Attachment A 27 d. Examples: trough drains (small drains prior to entering a dishwasher), small drains on busing counters adjacent to pre-rinse sinks or silverware soaking sinks e. Floor drains in dishwashing area and kitchens f. Prep sinks g. Mop (janitor) sinks h. Outside areas designated for equipment washing shall be covered and any drains contained therein shall connect to a GCD. i. Drains in trash/recycling enclosures j. Wok stoves, rotisserie ovens/broilers or other grease generating cooking equipment with drip lines k. Kettles and tilt/braising pans and associated floor drains/sinks 14. The connection of any high temperature discharge lines and non-grease generating drainage fixtures to a GCD is prohibited. The following shall not be connected to a GCD: a. Dishwashers b. Steamers c. Pasta cookers d. Hot lines from buffet counters and kitchens e. Hand sinks f. Ice machine drip lines g. Soda machine drip lines h. Drainage lines in bar areas 15. No garbage disposers (grinders) shall be installed in a FSE. (PAMC 16.09.075(d)). 16. Plumbing lines shall not be installed above any cooking, food preparation and storage areas. 17. Each drainage fixture discharging into a GCD shall be individually trapped and vented. (CPC 1014.5) C. Covered Dumpsters, Recycling and Tallow Bin Areas PAMC, 16.09.075(q)(2) 18. New buildings constructed to house FSEs shall include a covered area for all dumpsters, bins, carts or container used for the collection of trash, recycling, food scraps and waste cooking fats, oils and grease (FOG) or tallow. 19. The area shall be designed and shown on plans to prevent water run-on to the area and runoff from the area. 20. Drains that are installed within the enclosure for recycle and waste bins, dumpsters and tallow bins serving FSEs are optional. Any such drain installed shall be connected to a GCD. 21. If tallow is to be stored outside then an adequately sized, segregated space for a tallow bin shall be included in the covered area. D. Large Item Cleaning Sink, PAMC 16.09.075(m)(2)(B) 22. FSEs shall have a sink or other area drain which is connected to a GCD and large enough for cleaning the largest kitchen equipment such as floor mats, containers, carts, etc. Attachment A 28 Recommendation: Generally, sinks or cleaning areas larger than a typical mop/janitor sink are more useful. E. GCD sizing criteria and an example of a GCD sizing calculation (2007 CPC) Sizing Criteria: GCD Sizing: Drain Fixtures DFUs Total DFUs GCD Volume (gallons) Pre-rinse sink 4 8 500 3 compartment sink 3 21 750 2 compartment sink 3 35 1,000 Prep sink 3 90 1,250 Mop/Janitorial sink 3 172 1,500 Floor drain 2 216 2,000 Floor sink 2 Example GCD Sizing Calculation Note:  All resubmitted plans to Building Department which include FSE projects shall be resubmitted to Water Quality.  It is frequently to the FSE’s advantage to install the next size larger GCD to allow for more efficient grease discharge prevention and may allow for longer times between cleaning. There are many manufacturers of GCDs which are available in different shapes, sizes and materials (plastic, reinforced fiberglass, reinforced concrete and metal)  The requirements will assist FSEs with FOG discharge prevention to the sanitary sewer and storm drain pollution prevention. The FSE at all times shall comply with the Sewer Use Ordinance of the Palo Alto Municipal Code. The ordinances include requirements for GCDs, GCD maintenance, drainage fixtures, record keeping and construction projects. UTILITIES ENGINEERING – WATER GAS WASTEWATER 60. Master metering of water or gas is subject to the approval of the city of Palo Alto utilities Assistant Director of Customer Service. Gas master metering is subject to the following conditions of the Palo Alto Utilities Rules and Regulation 15: MASTER METERING: Separate premises, even though owned by the same Customer, will not be supplied water, gas, and/or electric through the same meter (i.e. Quantity Drainage Fixture & Item Number DFUs Total 1 Pre-rinse sink, Item 1 4 4 1 3 compartment sink, Item 2 3 3 2 Prep sinks, Item 3 & Floor sink, Item 4 3 6 1 Mop sink, Item 5 3 3 1 Floor trough, Item 6 & tilt skillet, Item 7 2 2 1 Floor trough, Item 6 & steam kettle, Item 8 2 2 1 Floor sink, Item 4 & wok stove, Item 9 2 2 4 Floor drains 2 8 1,000 gallon GCD minimum sized Total: 30 Attachment A 29 master meter), except as provided herein. v. RESIDENTIAL Customers for which water, gas, and electric master- metering was installed prior to December 31, 1982, may continue to obtain service at a single Point of Delivery through a single metering installation for two or more single-family dwelling units in the same building or for two or more multi- family dwelling buildings, provided such buildings are adjacent to each other on an integral parcel of land undivided by a public highway, street, or railway. Requests for master-metered multi-family residential service subsequent to December 31, 1982, will be evaluated and approved if central space conditioning is acceptable to CPAU. Developments with such central systems will continue to qualify for master metering. (F) NONRESIDENTIAL (G) CPAU need not serve premises directly, but shall provide master-metered gas service, where any of the following conditions are met: (H) The building will contain central heating, air conditioning, or central domestic hot water and can be shown (using accepted methods of calculation) to be more energy efficient and at a more favorable cost-benefit ratio than would be the case if individual metering were installed. i. (B) The building is designed to be subdivided or modified after construction to meet changing space needs of a number of tenants. 61. Prior to demolition, the applicant shall submit the existing water/wastewater fixture unit loads (and building as-built plans to verify the existing loads) to determine the capacity fee credit for the existing load. If the applicant does not submit loads and plans they may not receive credit for the existing water/wastewater fixtures. 62. The applicant shall submit a request to disconnect the gas service and meter including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after the gas service and meters have been disconnected and removed. 63. 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 Attachment A 30 fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). Utility applications/Load sheets or preliminary loads need to be submitted early in the process so utilities can review the impact on existing WGW mains. 64. 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. 65. The applicant must show on the site plan the existence of any water well, or auxiliary water supply. 66. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services 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. 67. Sewer drainage piping serving fixtures located below the next upstream sewer main manhole cover shall be protected by an approved backwater valve per California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall be shown on the plans. 68. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 69. Flushing of the fire system to sanitary sewer shall not exceed 30 GPM. Higher flushing rates shall be diverted to a detention tank to achieve the 30 GPM flow to sewer. 70. Sewage ejector pumps shall meet the following conditions: (1) The pump(s) be limited to a total 100 GPM capacity or less; (2) The sewage line changes to a gravity flow line at least 20’ upstream of the City clean out. (3) The tank and float is set up such that the pump run time not exceed 20 seconds each cycle. 71. The applicant's engineer shall submit flow calculations and system capacity study showing that the on-site and off-site water and sanitary sewer mains and services will provide the domestic, irrigation, fire flows, and wastewater capacity needed to service the development and adjacent properties during anticipated peak flow demands. Field testing will be required to determined current flows and water pressures on existing water main. Calculations must be signed and stamped by a registered civil engineer. The applicant will be Attachment A 31 required to perform, at his expense, a flow monitoring study of the existing sewer mains to determine the remaining capacity. The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the requirements and the approval of the WGW engineering section. No downstream overloading of existing sewer main will be permitted. 72. For contractor installed water and wastewater mains or services, the applicant shall submit to the WGW engineering section of the Utilities Department two copies of the installation of water and wastewater utilities off-site improvement plans in accordance with the utilities department design criteria. All utility work within the public right-of-way shall be clearly shown on the plans that are prepared, signed and stamped by a registered civil engineer. The contractor shall also submit a complete schedule of work, method of construction and the manufacture's literature on the materials to be used for approval by the utilities engineering section. The applicant's contractor will not be allowed to begin work until the improvement plan and other submittals have been approved by the water, gas and wastewater engineering section. 73. The applicant shall pay the capacity fees and connection fees associated with the installation of the new utility service/s to be installed by the City of Palo Alto Utilities. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 74. Each unit, parcel or place of business shall have its own water service, gas meter and sewer lateral connection shown on the plans. 75. A separate water meter and backflow preventer shall be installed to irrigate the approved landscape plan. Show the location of the irrigation meter on the plans. This meter shall be designated as an irrigation account and no other water service will be billed on the account. The irrigation and landscape plans submitted with the application for a grading or building permit shall conform to the City of Palo Alto water efficiency standards. 76. An approved reduced pressure principle assembly (RPPA backflow preventer device) shall be installed 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. Show the location of the RPPA on the Attachment A 32 plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. 77. An approved RP detector valve shall be installed for the existing or new water connections for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive (if the applicant intends to have an alternate source of water available for irrigation or toilet flushing, i.e. reclaimed water or gray water, an approved reduced pressure detector assembly will be required for the fire service). Double check detector check valves shall be installed on the owner's property adjacent to the property line. Show the location of the double detector check assembly on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the City connection and the assembly. 78. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. 79. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilties procedures. UTILITIES ENGINEERING ELECTRICAL DEPARTMENT 80. New sanitary sewer line on Page Mill Road shall not be placed under the proposed transformers. The applicant shall resubmit the site plan with either a new location for the pad-mounted transformers, or reroute the new sanitary sewer line such that there is proper clearance between the sanitary sewer line and the electric facilities. Locations for pad-mounted transformers shall be submitted to the Utilities Department for approval. WGW Utilities requires a minimum of 5 feet radial separation between electric conduits and WGW conduits. 81. A completed Electric Load Sheet and a full set of plans must be included with all building permit applications involving electrical work. The load sheet must be included with the preliminary submittal. 82. The developer/owner shall provide space for installing padmount equipment (i.e. transformers, switches, and interrupters) and associated substructure as required by the City. In addition, the owner shall grant a Public Utilities Easement for facilities installed on private property as required by the City. Attachment A 33 83. Location of the electric panel/switchboard shall be shown on the site plan and approved by the Architectural Review Board and Utilities Department. 84. 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. 85. Projects that require the extension of high voltage primary distribution lines must be coordinated with the Electric Utility. Additional fees may be assessed for the reinforcement of offsite electric facilities. 86. Any additional facilities and services requested by the Applicant that are beyond what the utility deems standard facilities will be subject to Special Facilities charges. The Special Facilities charges include the cost of installing the additional facilities as well as the cost of ownership. 87. All primary electric conduits shall be concrete encased with the top of the encasement at a depth of 30 inches. No more than 180 degrees of bends are allowed in a primary conduit run. Conduit runs over 500 feet in length require additional pull boxes. 88. The Applicant shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, the Applicant shall contact Underground Service Alert (USA) at 1-800-227-2600, at least 48 hours prior to beginning work. 89. The customer is responsible for installing all on-site substructures (conduits, boxes and pads) required for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All conduits must be sized according to National Electric Code requirements and no ½-inch size conduits are permitted. All off-site substructure work will be constructed by the City at the customer’s expense. Where mutually agreed upon by the City and the Applicant, all or part of the off-site substructure work may be constructed by the Applicant. Attachment A 34 90. All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 91. The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meet the National Electric Code requirements and the City standards. 92. These are only preliminary comments and should not be considered as final review or approval for the project. Utilities Engineering will provide detailed comments as well as cost estimate when plans are submitted to the Building Department for review and approval. The City recommends customers/developers to contact Utilities Engineering (650- 566-4533/4516) and obtain Utilities Standards and Requirements prior to finalizing plans. 93. For any questions regarding the above project, feel free to contact me at ext.4533. BUILDING DEPARTMENT PRIOR TO PERMIT APPLICATION 94. Any tenant space used for storage, use or handling of hazardous materials shall be designed as a separate control area in accordance with the Building Code, including one- hour fire separation, independent ventilation, and any fume hood or process exhaust shall be independently ducted in accordance with the Mechanical Code to the roof. 95. No Group H occupancies will be allowed on site. 96. The proposed new building shall be assigned a single Park Boulevard address. 2901 Park Blvd. shall be used since it coincides with the location of the proposed main entrance. 97. The plans submitted for the building permit shall include the full scope of the construction including all site development, utility installations, architectural, structural, electrical, plumbing and mechanical work associated with the proposed project. 98. The entire project is to be included under a single building permit and shall not be phased under multiple permits except that interior improvements of the commercial tenant spaces may be built under separate permits. Attachment A 35 99. The design of building components that are not included in the plans submitted for building permit and are to be “deferred” shall be limited to as few items as possible. The list of deferred items shall be reviewed and approved prior to permit application. 100. The commercial tenant spaces located below the second floor 3 hour occupancy separation shall be limited to S3, A3, B, and M occupancies per UBC Section 311.2.2.1. Other occupancies, such as, F, H, A2.1, R1 and E, shall not be permitted. 101. A maximum of 4 control areas are permitted in the entire building. The quantities of hazardous materials stored and used by all the future tenants of the B occupancy R&D areas shall be maintained below maximum allowable. 102. The plans submitted for the building permit shall include an allowable floor area calculation that relates the mixed occupancies to type or types of construction. 103. The portion of the building where the pool is located shall be provided with an exit stair enclosure. Horizontal exits may only be used for 50% of the required exits. 104. The location of the building’s electrical service shall require prior approval by the Building Division and shall be located at an exterior location or in a room or enclosure accessible directly form the exterior. 105. All sleeping rooms in the apartment units below the fourth floor shall be provided with egress windows. The windows shall open into a public street, public alley, yard or exit court (these terms are defined in the 1997 Uniform Building Code). 106. Exit discharge from the stair enclosures to the public way shall be configured so that the path is entirely outside the building through courts or yards that are open to the sky. The plan submitted with the Planning applications indicates the exit path to the public way leading below the bridges created by the upper floors. 107. The plans submitted with the permit application shall include the complete design for disabled access and exiting for the entire site, building entrances and basement parking garage. Disabled access features and exiting within the unimproved commercial areas may be deferred to future tenant improvement permits. Attachment A 36 108. The parking garage is proposed to contain 275 total parking spaces. For that number of total spaces, CBC Table 11B-6 requires that at least 7 handicap parking spaces. 109. An acoustical analysis shall be submitted and the plans shall incorporate the report’s recommendations needed to comply with the sound transmissions requirements in CBC Appendix Chapter 12. FIRE DEPARTMENT 110. Install a NFPA 13 fire sprinkler, NFPA 14 standpipe (below grade parking through roof levels) and NFPA 72 fire alarm system. Separate permit is required for the fire sprinkler and fire alarm systems. The underground fire service line requires separate applications to the Fire Prevention Bureau, the Public Works Department and the Water/Gas/Wastewater Section of the Utilities Department. Fire sprinkler control valves and water flow switches are required per building level. 111. Elevator car shall be sized for Fire Department gurney access requirements based on gurney dimensions of 24 in. x 84 in. plus a minimum of two emergency response personnel. 112. When the Main Electrical Shutoff is located in the interior of the building, an exterior shunt trip or other approved means of emergency shutoff shall be provided. Please contact the Building Div. For details. 113. All sprinkler drains, including those for floor control valves and inspector’s test valves, as well as the main drain, shall not discharge within the building. Water discharged from these points shall be directed to an approved landscape location or to the sanitary sewer system. (2002NFPA13, Sec. 8.15.2.4.4) NOTE: Please check with Roland Ekstrand in Utilities for maximum flow capacity of sanitary sewer in the area. 114. An approved access walkway shall be provided to each egress/rescue window. 115. The Applicant shall provide Opticom traffic signal preemption equipment and reimbursement for cost of installation for the Page Mill Road/El Camino Real intersection. 116. Site address to be posted at the main access to the property. 8. Provide at least 1 stairway to roof. Provide fixed ladder/roof hatch at top of other stairwell enclosures. Attachment A 37 PUBLIC WORKS OPERATIONS - RECYCLING 117. Owner shall comply with all City recycling and garbage collection requirements. Please contact Andrew Shelton, of Greenwaste Recovery Inc. at 650-799-8720 for further information on these requirements. ADDITIONAL PUBLIC WORKS ENGINEERING SERVICES CONDITIONS 1. The applicant shall remove and replace the sidewalk, curb, and gutter along the project’s frontages. In addition, the applicant shall resurface the street frontages of the project, full-width, 2- inch grind and overlay. 2. A Grading and Excavation Permit issued by the CPA Building Inspection Division is required for the proposed project. Any grading permit issued in conjunction with a phased project implementation plan will only authorize grading and storm drain improvements. Other site utilities may be shown on the grading plan for reference only, and should be so noted. No utility infrastructure should be shown inside the building footprint. Installation of these other utilities will be approved as part of a subsequent Building Permit application. 3. The proposed development will result in a change in the impervious area of the property. The applicant shall provide calculations showing the adjusted impervious area with the building permit application. A Storm Drainage Fee adjustment on the applicant’s monthly City utility bill will take place in the month following the final approval of the construction by the Building Inspection Division. The impervious area calculation sheets and instructions are available from Public Works Engineering. 4. The applicant is required to paint the “No Dumping/Flows to Matadero Creek” logo in blue color on a white background, adjacent to all storm drain inlets. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. A deposit may be required to secure the return of the stencil. Include the instruction to paint the logos on the construction grading and drainage plan. Include maintenance of these logos in the Hazardous Materials Management Plan, if such a plan is part of this project. 5. A construction logistics plan shall be provided, addressing at minimum parking, truck routes and staging, materials storage, and the provision of pedestrian and vehicular traffic adjacent to the construction site. All truck routes shall conform with the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map which outlines truck routes available throughout the City of Palo Alto. A handout describing these and other requirements for a construction logistics plan is available from Public Works Engineering. Attachment A 38 6. The applicant shall obtain a Street Work Permit from Public Works Engineering for pedestrian protection on the public sidewalk and or construction proposed in the City right-of-way. Sec. 12.08.010. A detailed site-specific soil report prepared by a licensed soils or geo-technical engineer must be submitted which includes information on water table and basement construction issues. This report shall identify the current groundwater level, if encountered, and by using this and other available information, as well as professional experience, the engineer shall estimate the highest projected ground- water level likely to be encountered in the future. Measures must be undertaken to render the basement waterproof and able to withstand all projected hydrostatic and soil pressures. No pumping of ground water is allowed. In general, however, Public Works Engineering recommends that structures be constructed in such a way that they do not penetrate existing or projected ground water levels. 7. No storage of construction materials is permitted in the street or on the sidewalk without prior approval of Public Works Engineering. 8. The developer shall require its contractor to incorporate best management practices (BMP's) for stormwater pollution prevention in all construction operations, in conformance with the Storm Water Pollution Prevention Plan prepared for the project. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. (PAMC Chapter 16.09). 9. All construction within the City right-of-way, easements or other property under City jurisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. 10. The Public Works Inspector shall sign off the building permit prior to the finalization of this permit. All off-site improvements shall be finished prior to this sign-off. Similarly, all as-builts, on-site grading, drainage and post-developments BMP’s shall be completed prior to sign-off. 11. A curb ramp for the disabled will be required at each project corner. SECTION 6: Terms of Approval. If the Architectural Review Approval granted herein is not used within one year of the date of City Council approval, or within two years of this approval upon Director’s extension of the AR, the approval shall become null and void, pursuant to PAMC Section 18.77.090. SECTION 7. Indemnity Clause. 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 Attachment A 39 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 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. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _______________________ _______________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM _______________________________________ City Attorney PLANS AND DRAWINGS REFERENCED: Project plans prepared by Hoover Associates dated June 28, 2011. 1 Action No. 2012-03 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 195 PAGE MILL ROAD/2865 PARK BOULEVARD (PARK PLAZA), TO DENY ARCHITECTURAL REVIEW [08PLN-00295] (HOHBACH REALTY COMPANY LIMITED PARTNERSHIP, APPLICANT) AT 195 PAGE MILL ROAD On June 4, 2012, the City Council of the City of Palo Alto: (1) Considered the project, modified by the applicant following withdrawal of the Tentative Map component, but did not approve the Mitigated Negative Declaration (MND), and did not affirm the July 12, 2011 Architectural Review (AR) approval by the Director of Planning and Community Environment of the Park Plaza development: 84 rental residential units including 17 below market rate residential units on the 2nd and 3rd floor of a new 3-story mixed use building with subterranean and surface parking facilities for 276 vehicles and 87 class I bicycle storage lockers, landscaping and interior courtyard with surface parking for 17 vehicles and 9 vehicles in “landscape reserve”, first floor building area comprising 50,467 square feet for research and development use and associated on-site and off-site improvements as recommended by the Architectural Review Board; therefore, Council denied the AR application, making the following findings, determinations and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On September 22, 2008, Harold Hohbach of Hohbach Realty Company Limited Partnership (Applicant) submitted an application [08PLN-00296] for Environmental Review, Architectural Review (AR) with State mandated housing density development concessions for additional floor area (1.0:1) and residential use within the GM zone, based upon inclusion of below market rate housing pursuant to state affordable housing incentive law (CGC 65915-65918), for a new mixed use, 3 story building and associated on-site and off-site improvements, replacing a one story building of 50,468 square feet on a 2.52 acre (2.4 net acre) site at 195 Page Mill Road fronting Park Boulevard and Page Mill Road. B. The application for Architectural Review [08PLN-00296] was analyzed pursuant to requirements of the California Environmental Quality Act (CEQA) and a Draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared by the City’s environmental consultant (Atkins, the firm formerly known as PBS&J, Inc) and circulated for public comment between April 24, 2009 and May 25, 2009, including distribution through the State CEQA Clearinghouse. Public comments were received from the Regional Water Quality Control Board (RWQCB) and the IS/MND was revised and circulated in November 2009. Mr. Robert Moss commented on the document, particularly objecting to the analysis and mitigations dealing with groundwater contamination. Attachment B 2 C. On December 3, 2009, the ARB considered the AR application and public comments and continued its review to a date uncertain to allow the applicant to modify the plans. D. On October 5, 2010, the Applicant submitted the Tentative Map application [10PLN-00344] for condominium purposes but not involving the merger of parcels. The merging of the parcels had been approved previously via the City’s Certificate of Compliance process. The Tentative Map application was submitted prior to the preparation of environmental review documents and subsequent public hearings on the AR application. E. On February 22, 2011, the applicant submitted a letter to address storage and hazardous materials use by possible R&D tenants in the Park Plaza project, requesting City approval of such storage and use in limited quantities, identifying safeguards related to storage, rated walls, protected openings and ventilation systems. The IS/MND was revised and circulated on May 5, 2011, including distribution by the State Clearinghouse, for a public comment period ending June 7, 2011. F. On May 19, 2011, prior to the end of the comment period, the ARB held a public hearing and continued their review to a date uncertain to allow for the completion of the public comment period and to allow the applicant to address their comments. Three sets of public comments on the revised IS/MND were received, from Robert Moss, Roger Papler of the RWQCB, and Herb Borock. A City Public Works staff member also provided additional verbiage for the document to reflect updated regulations. The City’s consultant (Atkins) prepared responses addressing the comments by Mr. Moss and Mr. Papler and, along with Public Works staff edits, these were incorporated into the annotated IS/MND dated June 29, 2011 and uploaded to the City’s website in materials for the third ARB hearing on July 7, 2011. The third set of public comments (Borock) pertained to the Below Market Rate housing with respect to CEQA review and the Tentative Map, and were provided to the ARB at places, acknowledged in staff’s oral presentation to the ARB, and provided to the Planning and Transportation Commission (Commission). G. On July 7, 2011, the ARB recommended, on a 3-2 vote, approval of the project plans, subject to staff conditions of approval and additional conditions of approval contained in this Record of Land Use Action. H. On July 12, 2011, the Director of Planning and Community Environment (Director) received the ARB recommendation, tentatively approved the Initial Study/Mitigated Negative Declaration, and approved the AR application. Findings and conditions of approval recommended by the ARB were incorporated into the AR approval (and were incorporated into the October 3, 2011 Draft ROLUA that was not approved by City Council). Notices of the Director’s decision were mailed, but a Notice of Determination was not filed with the County of 3 Santa Clara, because a timely appeal of the Director’s decision was received. I. Following AR approval of the Park Plaza development project by the Director, the Tentative Map for Condominium Purposes [application 10PLN-00344] was advertised for public hearing and consideration by the Planning and Transportation Commission. J. On July 25, 2011, the Director’s decision on the AR application (application 08PLN-00295) was appealed. K. On August 9, 2011, the Applicant submitted a revised Tentative Map with only the title changed, to “Tentative Map for ‘Park Plaza’ for 50,467 square feet of R&D Space and 84 Residential Condominium Units” (formerly titled “Tentative Map for ‘Park Plaza’ for R&D purposes and Residential Condominium Purposes”). The title change was considered a legal clarification of the purposes of the Tentative Map rather than a substantive change to the project. L. On August 24, 2011, the Planning and Transportation Commission recommended, on a 4-2-1 vote, that the City Council deny the Tentative Map application based upon Findings #3 and #6, and noted the MND findings were inadequate in that the location of housing in the GM zone would be injurious to public health, the unknown impacts from the spread of the toxic plume would be detrimental to health and safety, concern over the adjacency of the R&D to residential use, and the lack of monitoring of long-term health in occupied spaces. M. On October 3, 2011, the City Council of the City of Palo Alto reviewed but did not approve a Mitigated Negative Declaration (MND), AR Application for the Park Plaza project, and Tentative Map, ‘Park Plaza for 50,467 square feet of R&D Space and 84 Residential Condominium Units’ on a single 2.5 acre parcel, following the recommendations of the ARB and Director (for approval of the AR and MND) and Planning and Transportation Commission (for denial of the MND and Tentative Map); the City Council directed the applicant to proceed back to the Planning and Transportation Commission with the same project, under a request for Pedestrian Transit Oriented Development zoning; N. On October 26, 2011, the Applicant withdrew the Tentative Map application and requested that Council approve or deny the ARB application, modified to 84 residential rental units, including 17 below market rate rental units remaining at below market rates for 30 years, and associated Mitigated Negative Declaration. SECTION 2. Environmental Review. The background regarding the Environmental review is provided in Section 1. The City Council has not approved the Mitigated Negative Declaration, and has not upheld the Director’s decision on the AR application; therefore, a 4 Notice of Determination will not be filed with the County of Santa Clara. SECTION 3. Project Denial Findings The denial findings for the project, based upon Council discussion on October 3, 2011, and as confirmed on May 14, 2012, are set forth below. The project is inconsistent with the following Architectural Review findings in PAMC Section 18.76.020(d): Finding 1. The design is neither consistent nor compatible with the Land Use Element of the Palo Alto Comprehensive Plan. The proposed project would not satisfy the following Comprehensive Plan policies:  Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale; the City Council is of the opinion the architectural massing of the Park Plaza project is overwhelming and unacceptable due to the combination of land uses on the project site and configuration of a courtyard building that places the building mass at the edges of the project site.  Policy L-14: Design and arrange new multifamily buildings, including entries and outdoor spaces, so that each unit has a clear relationship to a public street;  Policy L-49: Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety or entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing.  The other policies reviewed by the ARB and Director as applicable to the project and with which the project complies are Policy B-2 of the Business and Economics Element, Policies L-31, L-48 and L- 75 of the Land Use Element, and Policies T-1 and T-19 of the Transportation Element. Finding 2. The design is not compatible with the immediate environment of the site. Although the three-story building would be located in a General Manufacturing zone district where a variety of architectural styles and massing are found, the design of the proposed building would be massive as viewed from off site, and would be taller and longer than the building on adjacent sites. The site is located within the Pedestrian Transit Oriented Development (PTOD) overlay. The project Floor Area Ratio (FAR) of 1.5:1 exceeds the maximum FAR of the GM Zone District and the PTOD-allowed 1.25:1 FAR (by 0.25:1). The project design does not balance the “outward” with the “inward” (i.e., the 5 courtyard design is causing the exterior to appear bulky when it would not be as massive if the building were not entirely wrapped around the courtyard, or if the building mass were otherwise sufficiently broken up). The facades are not sufficiently “pedestrian-friendly.” Finding 3. The design is not appropriate to the function of the project. Research and Development and Residential uses located on separate floors in a vertical orientation are not compatible, whereas horizontally separated uses would be more compatible. There are insufficient constraints on the use, storage and handling of proposed Research and Development (R&D) facilities, and there is potential for escalated risk with R&D use below residential use. Though the central courtyard would provide at grade parking as well as landscaped open space and private balconies for the occupants of the building, the resulting building surrounding the courtyard is not appropriate for aesthetic reasons (as noted in Finding #2). In addition, the requested reduction in parking spaces above 20% is of concern with respect to the use of the courtyard. Finally, the lack of balconies for all residential units is not sufficient to serve future residents. Finding 4. Not applicable to this project. Finding 5. The design does not promote harmonious transitions in scale and character in areas between different land uses. The project would be physically separated from the residential zones located on the opposite side of Alma Street by a four-lane street and the Joint Powers Board (Caltrain) right-of-way. Aside from this physical separation, the building is designed in a way that does not promote harmonious transitions in scale to the adjacent, underdeveloped parcel (Akins site). Finding 6. The design is compatible with approved improvements both on and off the site; The project has been reviewed by the City of Palo Alto Utilities and Public Works Department to ensure compatibility with street improvements to be funded and implemented by the applicant. The proposed street improvements would not interfere with proposed plans to establish Park Boulevard as a ‘bike boulevard.’ Finding 7. The planning and siting of the various functions and buildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community. 6 The proposed project has clearly defined areas of residential and R&D uses. The main approach to the building would be from Park Boulevard and would lead into an open landscaped courtyard that is mostly surrounded by the building. The site has sufficient bike secured and public bicycle parking facilities for residents, employees and visitors. The upper two floors consist of residential units and include amenities such as a swimming pool and a meeting room, and plans show facilities for the R&D use at the first floor level. The units that would be most impacted by passing trains on the adjacent JPB railway property would be buffered by a hallway access to the units so that balconies for these units would face the central courtyard. Finding 8. The amount and arrangement of open space are appropriate to the design and the function of the structures. A minimum of 20% (20,994 square feet) of the lot area must be developed as permanently maintained usable open space, measured on the ground floor only. The proposed project would include approximately 23.5% (26,556 square feet) of the site as usable open space. Each unit would (with the exception of two units) have a private balcony of at least 50 square feet. Although PAMC Section 18.13.040 generally requires at least 50 sq. ft. of private open space per unit, PAMC Section 18.13.040(e)(2)(B) allows the 50 sq. ft. per unit to be added to the common usable open space. Proposed at 16,636 sq. ft., the amount of common usable open space is well above the minimum required 4,200 sq. ft. of common usable open for all 84 dwelling units. The central courtyard would include landscaping and amenities such as benches for use by both visitors and occupants of the project. Finding 9. Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the project’s design concept. This finding can be made in the affirmative in that sufficient well-designed amenities are proposed in the project that would be compatible with the project design as described herein. Finding 10. Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles. Vehicles would enter the site from Park Boulevard to access both the at-grade and below-grade parking facilities. The project would include a warning device to alert pedestrians of cars exiting the parking garage. Bicyclists would have access to bicycle parking (both rack and lockers) in the courtyard. Each unit will have private storage in the below grade parking garage that also can be used for bike parking. Pedestrians would enter the site from the courtyard entrance on Park Boulevard or from the parking lot. Access would be available to all floors via a staircase or elevators in the buildings interior. Finding 11. Not applicable to this project. 7 Finding 12. The materials, textures, colors and details of construction and plant material are an appropriate expression of the design and function and are compatible with the adjacent and neighboring structures, landscape elements and functions. The building materials would include stucco and metal panels for the exterior walls. The interior of the courtyard would have decorative landscaping, interlocking pavers, decorative paving, and a fountain. A landscaped strip adjacent to the building would be located behind the sidewalk along both Page Mill Road and Park Boulevard. Finding 13. The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable functional environment and whether the landscape concept depicts an appropriate unity with the various buildings on the site. The proposed landscaping for the project would bring plants, shrubs, and trees to a relatively barren site, and the landscape concept depicts an appropriate unity with the building on the site in that the amount or types of planting do not overwhelm, but support the building design as conditioned. Finding 14. Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety, which would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance. The Planning Arborist has reviewed all plant materials, with final approval of street trees in the purview of the Public Works Department. The proposed water- conserving irrigation system and any final list of plant materials would be evaluated in conjunction with the building permit. Finding 15. The design is energy efficient and incorporates renewable energy elements including but not limited to: The project is required to meet the City’s Green Building requirements. The project’s sustainable design strategies include energy- efficient building systems and drought-tolerant plants. In conclusion, the Council finds that four of the 13 applicable Architectural Review findings (#1, 2, 3 and 5) for Application 08PLN- 00000-00295 cannot be made in the affirmative, and the City Council hereby upholds the appeal and disapproves the project. PASSED: AYES: NOES: 8 ABSENT: ABSTENTIONS: ATTEST: APPROVED: _______________________ _______________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM _______________________________________ City Attorney PLANS AND DRAWINGS REFERENCED: Architectural Review Project plans prepared by Hoover Associates dated June 28, 2011 and submitted with a 2012 date for Council review. J{oli6acli ~fty Company £i:mitea lParttumliip 29 Lowery Drive Atherton, CA 94027 Tel: (650) 322-8242 Fax: (650) 853-0325 City Council City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 Dear City Council Members: October 26, 2011 Re: Park Plaza Project This is a letter to you to supplement HRC's letter of October 14,20 II. Since that letter HRC met with City of Palo Alto Staff on October 20, 2011 and discussed this Project. As a result of this conference, HRC proposes the following. HRC cannot agree to accept the City Council's motion to pursue the Project as a PTOD project principally because of time and monetary constraints. Such a task would incur additional design costs. In addition moving through the PTOD process would take at least another year. HRC's principal, Harold C. Hohbach will be 90 years old on December 3, 20 II. Thus HRC needs to move forward rapidly to complete the Project in Mr. Hohbach's lifetime. Therefore, as an alternative, in order to secure the City Council's approval, ERC proposes to make the Project rental only on a permanent basis -NO condominiums -but otherwise as presented at the previous hearing. HRC will provide that the BMR units remain as such for 30 years. HRC has withdrawn the application for a tentative map since condominium status for the residential units will not be sought. 1 As pointed out in the earlier letter of October 14,2011, HRC is of the firm belief that the Park Plaza is a good project in its location and will provide very long term rental housing and in particular, 17 BMR long-term rental units. Since HRC cannot accept the PTOD rezoning approach, HRC requests that the City Council approve or deny the Project as it now stands. HRC wishes to point out that substantially the same project had been approved by a prior City Council. On a Bob Moss appeal in a Citizen's lawsuit, the only defect found by the Trial Court was the failure to recirculate the MND when City Staff amended the MND after approval by the City Council but before the final reading. This recirculation has been accomplished and is awaiting this Council's approval. HRC requests that the Council approve the recirculated MND and process it with the court so that the injunction now in place can be lifted. If the present City Council votes to deny the Project, HRC because of the time constraints pointed out above, will be forced to abandon the Park Plaza Project. It will then become a strictly R&D project with its 50,467 sf grandfathered R&D in a multi-story building with its required parking that will be provided by surface parking. All of the 84 rental residential units, including 17 BMR rental units which would have been available for 30 years will be lost. The Council should be aware that in 2010 HRC filed a federal lawsuit against the City based upon the CiiYs failure to take timely and favorable action on this same project. Should the City repeat its conduct now, the applicant's only option would be to renew that litigation. HRC's losses have only increased over the past year or so; and the estimated damages now exceed $2 million. In addition, under Government Code Section 65915, HRC could recover its attorneys' fees from the City based upon the City's failure to grant the two concessions required by that statute. See the letter dated October 14,2011 from Mr. Janz. This present letter is intended to make such litigation unnecessary. Very truly yours, Hohbach Realty Company Limited Partuership Hohbach Enterprises, Inc., General Partner By: __ -= __ ~~~~~~~ ____ __ Harold C. Hohbach, President 2 10/03/2011 Special Meeting October 03, 2011 The City Council of the City of Palo Alto met on this date in the Council Conference Room at 5:05 P.M. Present: Burt, Espinosa, Holman, Klein, Scharff, Schmid, Shepherd, Absent: Price, Yeh CLOSED SESSION The City Council will be meeting in a Closed Session on Item No. 1 on the agenda, which is a conference with the City Attorney regarding current litigation and on Item No. 15, a conference with the City Attorney on potential litigation. This Closed Session is authorized under Government Code section 54956.9(b) based on threat of litigation by the Hohbach Realty Company under the Substantive Due Process and Equal Protection clauses of the federal constitution. The Closed Session under Item No. 15 regarding the case of Beck v. Lindsey will be continued to a date uncertain. CLOSED SESSION 15. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Subject: M. Beck v. D. Lindsey, et al. Santa Clara County Superior Court Case No. 1-09-CV-157305 Authority: Government Code section 54956.9(a) CONFERENCE WITH CITY ATTORNEY-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (one potential case). 8 10/03/2011 ACTION ITEMS 13. Public Hearing: Consideration of an Appeal of an Architectural Review Approval, a tentative Map for Condominium Purposes, and a Record of Land Use Action (1) Approving a Mitigated Negative Declaration, (2) Upholding the Director’s Architectural Review Approval of a Three Story Development Consisting of 84 Residential Units within the Upper Floors, 50,467 square foot Ground Floor Research and Development area, Subterranean and Surface Parking Facilities, and Offsite Improvements, with Two Concessions requested under State Government Code 65915 and (3) Approving a Tentative Map for Condominium Purposes on a 2.5 Acre Parcel at 195 Page Mill Road and 2865 Park Boulevard (Continued from September 11, 2011). Acting Assistant Director of Planning and Community Environment, Amy French presented a history of the project and requested the Council review the Mitigated Negative Declaration (MND) and take action with respect to the Architectural Review Board’s (ARB) application and the Tentative Map. The Director, following ARB recommendation, approved the application, which was appealed to Council. The Planning and Transportation Commission (P&TC) recommended Council deny the Tentative Map. She briefly described the project, including the offsite improvements, and noted that the nine parking stalls proposed within a landscape reserve could be approved via Architectural Review at a later date to become additional parking stalls. She stated that this project was the first development proposal in Palo Alto to include a request for concessions under the State Density Bonus Law, Government Code 65915, and that the concessions were (1) an allowance of the mixed-use where residential was not otherwise permitted within the General Manufacturing (GM) zone district, and (2) the additional floor area beyond that allowed within the GM zone. She also noted that the Mitigated Negative Declaration addressed the potential impacts of vapor intrusion from the toxic groundwater plume to the satisfaction of the Regional Water Quality Control Board, the agency having jurisdiction in this case. Director of Planning and Community Environment, Curtis Williams explained the project had been underway since 2006 and there had been multiple changes since the initial application. P&TC Commissioner, Susan Fineberg announced the Commission reviewed the MND and the Tentative Map and voted of 4-1 to deny the project. The recommendation to deny approval was required because the Commission was unable to make the findings for items 3 and 6 in the Record of Land Use Action (ROLUA). The P&TC Commissioners were troubled that the Planning Director had sole authority to approve the concessions that would otherwise violate the City’s Municipal Code. 9 10/03/2011 ARB Member, Clare Malone Prichard clarified after the ARB review of the project there was a vote of 3 in favor and 2 opposed. There were extensive discussions regarding the property line being so close to the adjacent body shop. The early hearings focused on breaking-up the scale of the facade, in an attempt to bring the size of the building to a more pedestrian scale. Caltrain was in a close proximity to the rear of the building and a concern was the need for noise barriers. Public Hearing Opened at 9:29 p.m. Applicant representative, Sigrida Reinis confirmed with respect to the Park Plaza Project that the Regional Water Quality Control Board (WQCB) approved the VMS design that incorporated a full vapor barrier membrane beneath the slab and a passive sub-slab venting system. The City required that the design be converted from a passive to an active system by adding mechanical blowers. It was her professional opinion that the change from passive to active venting was unnecessary based on the very low levels of risk presented by the contaminants in the subsurface. Applicant Architectural representative, Richard Campbell explained design considerations for the project. The initial design was to have a large opening in the center of the project similar to a courtyard. The courtyard served two purposes; a large open space for enjoyment of the residents and to create separation of the units to furnish privacy. In order to achieve the separation, the housing was moved to the furthest perimeter of the property, a consequence was being along the Caltrain tracks. The information from the Acoustical Engineer estimated the bullet train would produce 106 decibel of sound while the state law depicts the sound in sleeping areas could not reach above 40 decibels. There were minimal windows and the walls were double glazed creating a sound wall to protect the units in the courtyard. Applicant Legal representative, James Janz encouraged the Council to accept the project as an opportunity to create an attractive mixed-use project that: 1) would improve the community under SB1818, 2) was in compliance with Transient Oriented Development (TOD) concepts, 3) was appropriately designed for its surroundings, and 4) was in sync with the proposed Californian Avenue area. The project provided housing, preserved Research and Development (R&D) within the City, and would provide employment. Robert Moss felt there were fundamental issues with the manner in which the entire project had been brought before the Council. The project had been rejected by the court in 2007; it returned to the City without alterations whereas it should have been received with a Pedestrian, Transient Oriented Development (PTOD) element. The MND was unacceptable. The toxic levels were accepted by the WQCB but not the Environmental Protection Agency (EPA) or Department of Toxic Substance 10 10/03/2011 Control (DTSC). The parking was completely inadequate. The project before Council violated the Comprehensive Plan, the Land Use and Zoning, traffic management, adds congestion, an oversized structure, and was the only residential building along the rail right-of-way. Giuseppe Carrubba spoke as a business owner and felt confident the project would improve the surrounding area. The project brought more housing and would generate needed City revenue in property and sales tax. Steve Klee suggested taking an opinion poll of the property owners who had been waiting for the empty dirt lot to be developed for years. He urged Council to consider moving the project forward. Marcus Wood stated Mr. Hohbach had taken a difficult piece of property and designed a high quality mixed-use development with a much sought after R&D development where current vacancies were all but non-existent. The project would allow Palo Alto to continue as a hub for start-up businesses. Geoff Dale felt the proposed project would bring economic development to the area and it had elements that would bring together a diverse neighborhood. Herb Borock stated a letter dated November 15, 2010 indicated the PTOD permits a mixed-use development with an FAR of 1.25, HRC Realty Company stated that this FAR for the proposed mixed-use would provide an economically viable project. The Applicant had not signed the BMR draft agreement; he signed a single sentence which said nothing. Government Code 65195 required an Applicant to decide what type of affordable housing was going to be provided for 59 years. The Applicant had not designated that housing as of yet. Mr. Janz explained that the Applicant did not wish to tie the hands of his successors with the rental of BMR units. He decided to convert the units to condominiums which meant the entire project would need to be converted to condominiums and sold. The remaining 17 BMR units would be subject to the BMR restrictions for 59 years. Mr. Moss stated testing for toxins in the garage area only was not acceptable since people did not live in garages. He recognized the trigger point for the soil gas contaminations had been reduced to 1600 Parts Per Million (PPM) but the actual concentration on the site was higher than 150,000 PPM. He suggested they rezone the entire site as RM-30 and require no underground parking in the rear. Public Hearing Closed at 10:09 p.m. 11 10/03/2011 Council Member Scharff disclosed he had met with the Applicant and received information which impacted his views. He was informed that the project had been changed from a rental to owner project and that previously as a rental project there was a one percent return to the Applicant but as a condominium project they would support the R&D. According to the Applicant, pulling the nine parking stalls in reserve would have a negative impact on the courtyard. Mayor Espinosa announced he had met with the Applicant and received no additional information that could not be found within the Staff Report. Council Member Klein stated he had met with the Applicant and his representatives but did not receive any additional information that was not previously presented. Council Member Shepherd had a phone conversation with the Applicant’s legal counsel but did not discuss information that had not been released. Council Member Burt met with the Applicant’s attorney and the appellant but had no additional information to disclose. Council Member Schmid had a phone conversation with the Applicant’s attorney and with the appellant but discussed no additional information. Council Member Klein asked for more detail as to why the majority of the P&TC could not make the findings in either item 3 or 6 of the Tentative Map. He asked if in item 3, they were saying the majority felt no housing should be built on the site at any point. Ms. Fineberg clarified the discussions held by the P&TC were limited to reviewing the Tentative Map and the MND. A number of Commissioners expressed their apprehension that without a full Environmental Impact Review (EIR) some concerns would not be addressed, that the proposed mitigations were adequate, or that relying on the Water Board’s assessment that the project would not cause risk or threat to public health and safety did not rise to their collective comfort level. Council Member Klein stated the P&TC minutes read the majority of the Commissioners felt they could make the finding in number 3. Finding number 3 was that the site was not physically suitable for the type of development proposed. He asked if the language meant to her that if developer X came and proposed 50 to 70 units of housing that she and her Colleagues would not make the findings for that project. Ms. Fineberg said with the amount of information received and their review being restricted to the Tentative Map and the MND. If another identical 12 10/03/2011 project came forward with only housing and the R&D was removed, the toxic would be concerning. Council Member Klein noted the function of the P&TC was to make the findings. The P&TC had to find that the site was not physically suitable for this type of development. Ms. Fineberg reiterated the majority of the P&TC felt the site was not physically suitable for that type of development proposed that required them to deny the project. Council Member Klein understood the denial of this project but asked what the decision would have been had the project been for a housing only. Ms. Fineberg said she could not speak to what the body would find if it were 100 percent housing because a key part of the discussion was that the R&D was immediately below the housing. If the project was changed to only housing, that would be a different project; the P&TC found that the site was not suitable for that type of development with the mixed-use. Council Member Klein stated in reading the response for the findings of item 6 of the Tentative Map, the P&TC appeared to be concerned with the existing environmental issues and not whether this project on its own would cause health issues. He asked if that was a true statement. Ms. Fineberg suggested deferring to the City Attorney as to whether the causing of serious public health risk created a toxic pollution or whether its existence with pre-existing conditions caused the people to be subjected to the risk. Council Member Klein clarified his question was how the P&TC was reviewing it. Ms. Fineberg said their review was how the existence of the housing over the R&D and adjacent to General Manufacturing (GM) would subject the tenants to risks that would potentially jeopardize their life and safety. Council Member Klein asked for clarification on whether the P&TC was concerned about the existing conditions or was the thought that this particular development could cause problems for its neighbors. Ms. Fineberg believed the concern was having people living over R&D, next to the existing uses, and on top of a toxic plume which would create potential threats to their life and safety. Council Member Klein confirmed a threat to the people living on the site. 13 10/03/2011 Ms. Fineberg stated yes. Council Member Klein asked if it was the project itself causing the problems or was it the existing conditions causing the problems. Ms. Fineberg noted there was no discussion whether the project itself would pose a risk except for the pieces where the toxic plume underneath may be disturbed during construction. She added if there was a failure of the vapor barrier at some point in the future, the project itself would cause people inside to be exposed to the volatile organic compounds. Council Member Klein stated it had been argued throughout the process that the R&D was necessary to reduce the cost of the housing. Mr. Hohbach agreed that the R&D would assist in reducing the cost of the housing. Council Member Klein asked if there was a limit to the amount of concessions being requested on the FAR. Mr. Janz said the limit would need to meet a standard of reasonableness. Council Member Klein asked who decided what was reasonable. Mr. Janz clarified because of the way in which Government Code 65915 worked, each city reached the decision as what it felt was appropriate for the concessions being requested. Council Member Klein asked if Palo Alto decided the amount should be 1.25 FAR, would that seem reasonable. Mr. Janz stated that was not how he would address the matter. Mr. Hohbach announced the reason he bought the site was because the land had R&D on it. The R&D was grandfathered into the property. Council Member Klein said in 2005 there was an economic justification form submitted, a number of things had changed in the real estate world since then. He asked if there had been a recent calculation compiled that could be submitted to the City. Mr. Hohbach noted his decision to change the project to condominiums was not for economic reasons. He did not want to encumber those handling his estate having to deal with the rental units for an additional 30 years. 14 10/03/2011 Council Member Klein said five years ago, as part of the proposal, there was a document submitted outlining the economic justification for the 1.50 FAR concessions. He thought that document was stale and a number of conditions had changed in the real estate market. He was asking whether there was an updated document for reconsideration. Mr. Hohbach stated he had not updated the document but assured if he had, the numbers would not change. Mr. Janz assured the Council that the economic analysis could be updated, certainly with the change from rental to sale. He stated the project team was unaware the BMR units would need to remain for 30 years. Council Member Holman asked if the model of the project was available for viewing. Mr. Campbell confirmed the model was a study model and used for internal purposes. He did not bring the model as part of the presentation. Council Member Holman understood the model was provided to the ARB to assist them in the understanding of compatibility. Mr. Campbell mentioned the ARB had met with them a total of six times; three before the project was approved and three after the lawsuit. A model was present at three of those meetings although it did not show any context. Council Member Holman said the ARB minutes did not reference findings in the Motion nor did they reference a Staff Report that had findings in it. Ms. Malone Prichard confirmed the ARB was recommending approval of the project as presented to them and that would inherently include the findings within the Staff Report unless they specifically discussed changing one of the findings. Council Member Holman expressed her concern about not being able to locate the findings as part of the recommendations of the Staff Report. She recommended referencing any findings or conditions to ensure they remained on track. Ms. Malone Prichard understood and thanked Council Member Holman for the feedback. Council Member Holman stated the economic justification provided the R&D would be supporting the housing as rental property although now that the housing was condominium property, the housing was supporting the R&D. She asked for clarification. 15 10/03/2011 Mr. Williams confirmed the 2006 study specifically referenced the R&D as support for reducing the cost of the housing which at the time was rental. Since the type of housing had changed, Staff did not have an economic study to verify the support. Mr. Janz stated the concept of SB1818 was that one of the qualifications was the additional use would reduce the cost of the constructing of housing. In the rental situation the R&D supported the housing with the rent being higher than the housing because the return on the rental of the housing was not substantial. The financial equation differed when the housing was sold. Council Member Holman asked for clarification on the Applicant’s ability to plant landscape on the Caltrain right-of-way. Mr. Williams confirmed the Applicant did have an agreement with Caltrain to allow the landscaping of the easement along the tracks. Mr. Hohbach clarified the right-of-way was what he considered where the tracks were. There was 50-feet between the right-of-way and the tracks which was used for a side track serving as a gravel transport to a cement plant that was no longer in existence, that 50-feet was what he was referring to and which was not part of the right-of-way. Mr. Janz mentioned Caltrain was unlikely to take over the area not only because of a lack of revenue but the Sprint building would lose the substantial investment they made, and they had an access right across the property to reach their Caltrain property. The agreement clarified Caltrain would retain the access rights so long as Mr. Hohboch retained the landscape rights. Council Member Holman asked if one of the conditions was the courtyard open space area could be used by residential and office tenants. Ms. French said Staff had mentioned a deed restriction could be used as a condition. Council Member Scharff asked if the nine reserved parking spaces could be pointed out on the map. Mr. Hohbach brought up the map slide from the presentation to show Council the location of the nine reserve parking spaces. Council Member Scharff asked whether the parking spaces were going to be shared between the residents and the R&D or if the intent was to sell the parking spaces as exclusive use for the condominium owners. 16 10/03/2011 Mr. Hohbach noted the plan was each condominium would receive a dedicated parking space and the remaining spaces would be shared. Council Member Scharff asked in a multi-bedroom unit where were the other people expected to park. Mr. Hohbach stated there were 84 dedicated spaces for the condominium owners with the remaining 209 shared. He noted during the evening the R&D spaces would be unoccupied. Council Member Burt asked if the City’s Comprehensive Plan and Residential Guidelines applied to the project with it being primarily residential and secondarily an R&D space. Mr. Williams stated in general both sets should apply as far as compatibility issues were concerned. Council Member Burt asked why he did not see the various policies and programs that related to residential compatibility issues addressed bt the ARB. Ms. Malone Prichard informed the Council land use compatibility matters were not in the purview of the ARB. The ARB was strictly looking at the size, form, colors, and anything dealing with land use was referred to the P&TC. Council Member Burt asked if the ARB viewed the Comprehensive Plan where policies and programs spoke on the scale of the building in relation to its surrounding uses as part of their purview. Ms. Malone Prichard confirmed they had. The AOL.com building (AOL) across the street was much larger than the proposed project. The street had a number of fairly large buildings, so the ARB felt the project was of compatible size. Council Member Burt noted the AOL building had quite a bit of setback and asked what the FAR was for the AOL building. Mr. Williams stated the FAR was .5. Council Member Burt stated if the AOL building was at a .5 FAR but the proposed project was requesting a 1.5 FAR it was interesting that the ARB saw the AOL building as larger. Ms. Malone Prichard said the proposed project was broken up into smaller pieces so it did not read as a solid block. 17 10/03/2011 Council Member Burt noted one of his concerns was that all of the open space was internal and from the exterior it appeared to be one large block. Ms. Malone Prichard said the project was viewed from the standpoint of the occupants, but the building was looked at from the exterior. She said the view was not a straight wall across; there were depths to the wall and areas where the first floor was recessed from the upper floors. Council Member Burt recognized the articulations of the building but they did not alter the fundamental element of the size of the building. It would be a large mass in scale from the exterior. He asked if the portion of the Comprehensive Plan that spoke to each residential unit having a relationship to the street including entry and outdoor space was in the ARB purview. Ms. Malone Prichard confirmed yes that was in their purview and noted within earlier meetings it had been a topic for discussion but because the first floor was R&D there could not be any relationship directly of the units to the street. Council Member Burt said the common open space was considered as relation to the interior but the Comprehensive Plan, Policy L-14 read: “Design and arrange new multifamily buildings, including entries and outdoor spaces, so that each unit has a clear relationship to a public street.” The design of this project did not allow for public street access as compliance with this policy. He asked what aspect the project complied with Policy L-14 of the Comprehensive Plan. Ms. Malone Prichard did not believe the project was consistent with any aspect of Policy L-14. Council Member Burt understood with the TOD there were visions of having pocket parks related with major developments. He did not this project creating even modest elements of common open space pocket parks or other such elements discussed in the Comprehensive Plan. He asked if there was something about this project that addressed those issues. Ms. Malone Prichard stated the project did not come through as a PTOD and therefore those elements were not a requirement. Council Member Burt clarified those elements were not strictly a PTOD requirement; it was a policy in itself within the Comprehensive Plan. Policy L-5 was regarding overwhelming scale and massing and the ARB had considered the project was less in scale and mass than the AOL building. Ms. Malone Prichard corrected consistent scale and massing, yes. 18 10/03/2011 Council Member Burt asked Staff for the square footage of the AOL site. Mr. Williams stated it was 219,377 square feet. Council Member Burt asked how many acres that would cover. Mr. Williams stated it would be an 8-acre site. Council Member Burt referred to Policy L-5 of the Comprehensive Plan which spoke to pedestrian oriented elements that enliven the street. He asked how the ARB felt this projects design addressed that requirement. Ms. Malone Prichard noted in their initial review they felt there was not much which addressed the requirement. The conditions placed on the project addressed the matter by requiring doors opening to the street, trellises or coverings at each of the doors, with pathways and benches leading to each. Council Member Burt acknowledged the project did not comply with the GM zoning regulations and asked how this project would comply with the PTOD zoning regulations. Mr. Williams clarified the project would comply fairly closely to the PTOD which would limit the FAR total to 1.25 with a maximum of 1.0 for the residential, and .25 for the office/R&D space, and it would meet the height requirements. He believed there was the area where there was a daylight plane added to the PTOD on the railroad side. There were some policies in the PTOD section of the Ordinance which discussed breaking up a building into more than one type of housing on a site that was over 1-acre. There was a provision in the PTOD where the Applicant received a higher FAR in height if the project had more BMR rental units. Council Member Burt noted the BMR units were not rentals. He asked if a PTOD project would qualify for SB1818 concessions in addition to the zoning allowances under the PTOD. Mr. Williams stated it would; however, the PTOD required rezoning so the rezoning action itself was highly discretionary with the P&TC and Council. Council Member Burt said the Staff report listed all of the ways in which the project complied with the Comprehensive Plan but nothing on how it did not comply. He asked Staff to respond on any non-compliant matters. Mr. Williams agreed the land uses for the project were consistent with the other land uses in the area. 19 10/03/2011 Council Member Burt had concerns with the projects lack of common space, public space, and relationship to the surroundings. He did not see the Comprehensive Plan’s vision incorporated in the fundamental design of the project or how it related to its surroundings. He asked how the project was compatible with the Comprehensive Plan when it was exaggerated in its scale because of its shape and the design which created the illusion of an even larger building, and it was larger than the Council had intended. Mr. Williams stated the project was approved by a previous Council, the courts told the City to redo and re-circulate the MND and there needed to be a new application. He affirmed if the project came in clean today, it would be addressed in an entirely different manner and would need to go through the PTOD process. Ms. French mentioned in the MND and in the ARB considerations Policy L-48 read: “Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing. The ARB felt there were human-scale details and massing, an avoidance of solid walls at street level, and for the R&D piece to put balconies or porches was not consistent with the neighborhood character.” Council Member Burt asked whether the recent explosion and fatality in Menlo Park was an R&D mixed-use or a GM mixed-use site. Fire Marshal, Gordon Simpkinson clarified it was an R&D use. He explained the accident was caused by over pressure of a small research vessel, the scientists made a fatal mistake where they introduced pressures too high for the size of the vessel. Council Member Burt asked in placing residential above R&D if there was an escalated risk and if so, was it a major or minor escalation. Mr. Simpkinson confirmed there was an escalation of risk any time a new element was introduced associated with housing. He noted the Fire and Building Codes were designed to mitigate as the hazards were introduced to the building. Council Member Burt stated the project in Menlo Park was a single story building and the explosion blew the roof off. If there was an incident in the case of this project, the explosion would be blowing the ceiling into a residence. 20 10/03/2011 Mr. Simpkinson clarified the containment of the explosion would be determined by how the compartmentalization was configured between the R&D and residential areas. Council Member Burt asked from the standpoint of public safety, if there was an explosion of the same magnitude as the Menlo Park accident; as a professional safety officer would you place the residential housing over an R&D that had the same type of risk as was used in Menlo Park. Mr. Simpkinson recommended allowing research to take place with reasonable safeguards in place; he believed Staff had made restrictions in the type and quantity of materials allowed to be present. Council Member Burt stated there was an existing congestion issue where the clover leaf onramp onto Oregon Expressway backs-up onto Park Boulevard. He asked if that was a concern on the MND for a project of this size at that location. Mr. Williams agreed that had been a concern and Staff was requiring a separate turn lane to be added. Council Member Burt asked how the additional turn lane addressed the back- up of the clover leaf. Mr. Williams said he was uncertain and the traffic team was not presently in attendance to respond. Council Member Shepherd asked for confirmation that level 2, 3, and 4 of biological materials would not be able to be used in the R&D portion of the building. Mr. Simpkinson confirmed yes, that was currently Staff’s recommendation. Council Member Shepherd asked what the removal of those materials did to reduce the risks. Mr. Simpkinson stated essentially what would be left in terms of biological research was going to be microorganisms that had no known consequence of exposure. Council Member Shepherd asked about the combustion affect. Mr. Simpkinson asserted levels 2, 3, and 4 dealt with the research involving microorganisms or pathogens. The other restrictions of the exempt amount of Title 15 were the quantities of the hazardous material types that would be restricted in the building. 21 10/03/2011 Council Member Shepherd asked whether there were specific areas of storage prescribed in the process. Mr. Simpkinson assured the Council the restrictions would prevent the storage and use of hazardous materials where quantities of separate types of storage room would be needed; however, there were specific restrictions that kicked in with quantity. Council Member Shepherd asked what was occurring in the surrounding neighborhoods. Mr. Simpkinson stated the adjacent body shop was under severe restrictions from the Bay Area Air Quality Management. Council Member Shepherd asked what had changed with respect to the Coordinator being hired to facilitate the Travel Demand Management (TDM) program with this project since it shifted from rental to condominium housing. Mr. Williams stated it was anticipated that the owner of the property would hire a person to coordinate the residential and non-residential components. Council Member Shepherd asked if that would include maintaining available parking spaces fluidity. Mr. Williams said the TDM position would be responsible for monitoring the spaces and continuously checking any changes to the parking structure, space allocations, and monitoring the use of other modes of transportation. Council Member Shepherd asked how the City would follow-up with the progress once the project was completed. Mr. Williams noted there were annual reports required of the monitoring efforts and Staff would enter the information into a database being constructed. Council Member Shepherd asked if this information would be used to trigger the need of the nine reserve parking spaces. Mr. Williams stated the data would be used to show whether or not there were additional spaces necessary and if so the request to release those spaces would be brought before the P&TC or the Council for approval. Council Member Shepherd asked how the TDM Coordinator would facilitate the data. 22 10/03/2011 Mr. Williams anticipated the Coordinator would be an on-site position. He was uncertain whether or not it would be a full-time position but there would be a person on-site available to the residents. Council Member Shepherd asked whether there were other projects that had this type of person. Mr. Williams confirmed the Campus for Jewish Life had a designated TDM Coordinator. Council Member Schmid addressed the Leadership in Energy and Environmental Design (LEED) project coming forward soon which encouraged developers to think of ways of opening up to the neighborhood. He was aware this current project was not required to follow the LEED but he asked if the Applicant supplied a list of sustainability options. Ms. French confirmed the Applicant had provided a Sustainability Planner to the Staff. Mr. Williams surmised this project would score fairly high in most respects in terms of being a mixed-use project and being close to transit. He understood some of the design components may not score as well. Council Member Schmid mentioned public members had brought up the EPA was working with similar toxic plumes in neighboring areas and had come to different conclusions. He understood the Water Board was responsible for the area in question and had assumed there would be discussion between the consultants and the P&TC with information being reviewed by Council. He was disappointed in the lack of data available to have an open public discussion of issues that concern the citizenry. He asked why they had not heard or seen evidence that would assist in leading people to convincing evidence that there would not be toxic issues. Mr. Williams informed Council there was a fairly extensive discussion within the MND and there was a good amount of documentation available on the website that was reviewed as a part of the project which covered looking at the EPA standards, the studies completed by the Applicant as well as by the City’s consultants. Council Member Schmid asked if the City’s consultant had reviewed what the EPA had done in the City of Mountain View and asked why it was different. Rod Jeung with Atkins, the environmental consultant, acknowledged there was a wealth of documentation and a long history describing the existing conditions at the project site. As part of the documentation associated with 23 10/03/2011 that history, there was a need to return and review the detected levels of containment, the groundwater samples, the regional plumes that existed, and how the groundwater at the site co-mingled with some of the upgrading contaminants. He said they could look at what the EPA identifies as appropriate standards for toxic substance control; although, what was relevant was the Regional Water Quality Control Board had the regulatory oversight. Council Member Schmid expressed his main concern being in the area of health. Council Member Holman asked for the process of how the annual fire inspection occurred. Mr. Simpkinson explained the residential occupancies were regulated by the State Fire Marshall, there the target was to inspect them with the Engine Company officers. This type of R&D mixed-use would go to either the Hazardous Materials and Emergency Response Crew or Fire Prevention Bureau Hazardous Materials and Inspection for the annual inspection. Those types of inspections were tracked closely and identify specific areas of sensitive receptors nearby or if there was co-mingling as with this mixed-use project. Council Member Holman asked if the owner, tenant, or lessee were notified in advance of the impending inspection. Mr. Simpkinson stated typically there would be a courtesy notice but without specific dates and times. The notice was given less then 48 hours and if the area could be cleaned in that period of time it could not be considered serious. MOTION: Council Member Holman moved, seconded by Council Member Burt to direct the Applicant to pursue the project as a Pedestrian Transit Oriented Development (PTOD) rezoning project and return to the Planning and Transportation Commission for review of the rezone, prior to final Council action. Council Member Holman said her reasons for the Motion was for Council to get issues addressed that had been brought up and get the findings met. Council Member Klein asked for clarity on whether the Maker was following the Staff recommendation Alternative B or C with the Motion. Council Member Holman confirmed the Motion was following Alternative C which directed the Applicant to proceed back to the P&TC with the same 24 10/03/2011 project, but under a request for Pedestrian and Transit Oriented Development (PTOD) zoning.   Assistant City Attorney, Donald Larkin clarified the Motion would work under Alternative C as Council was not taking action on the Tentative Map thus sending the project back for rezoning. Council Member Burt requested the Motion be more specific on the basis for not being able to make finding number 2 of the Palo Alto Municipal Code: “Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning).” He asked whether the Motion included explicit references to Comprehensive Plan policy and programs that were the basis for not being able to make finding number 2 or would it be adequate for him to speak to the matters as the Seconder. Mr. Larkin said it would be adequate to speak to the matters and the Motion. Council Member Burt noted in reference to Policy L-49: “Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing.” The ARB narrowly felt the project was supportive although he was unable to see where it was fundamentally about the design or how it enhanced the community. He believed the design had enhancements for the tenants and the occupants but not for the community. He noted there needed to be a balance of enhancements and it was not obvious what they were. AMENDMENT: Council Member Scharff moved, seconded by Council Member XXX to request no more than a 15 percent parking reduction. AMENDMENT FAILED DUE TO LACK OF A SECOND. Council Member Holman understood the desire to provide more detailed direction although she was uncertain how to prescribe a percentage on the spot of what the appropriate parking restrictions should be. Council Member Scharff was concerned there were not clear parking studies to ensure the project was not under parked. He asked whether R&D would be allowed or not as a mixed-use. AMENDMENT: Council Member Scharff moved, seconded by Council Member XXX to authorize Research and Development up to 50,000 square feet without the 1.25 FAR 25 10/03/2011 AMENDMENT FAILED DUE TO LACK OF A SECOND. Council Member Burt asked under the PTOD zone would R&D be a permitted use and allowed a mixed-use with residential. Mr. Williams believed it was both, it was allowed but the levels and types of R&D could be specified. Council Member Burt would support Council Member Scharff’s Amendment as the Seconder with the proviso that there were constraints on the types of R&D so there were not risks to residents greater than would be in an office environment. Council Member Holman agreed. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to allow Research and Development use with minimum levels of hazardous materials with thresholds to be established by Staff to return to Council for approval. Council Member Klein asked if the suggested 50,000 square foot included parking because that was more than was allowed by the PTOD which only allowed a .25 FAR. Council Member Scharff stated the Incorporation sited the Applicant could not go above a 1.25 FAR total including the residents. Council Member Klein wanted to be clear the Incorporation was inconsistent with the PTOD. Council Member Burt noted the project should be a conforming PTOD. If the PTOD needed changes the entire district should be changed and there should not be provisions granted for projects here and there. Council Member Holman confirmed the PTOD was agreeable to host R&D that did not have toxins associated with it and there would not be a prescribed square footage. Council Member Scharff stated that was correct. Council Member Schmid supported the Motion to move to a PTOD. He requested to ensure there was sufficient information available on the toxic plume, both on compatibility and dangers. 27 10/03/2011 Council Member Schmid asked if there were less restrictive parking regulations with the PTOD than the current proposal. Mr. Williams stated no. MOTION PASSED: 7-0 Price, Yeh absent 14. City Clerk's Report Certifying Sufficiency of the Petition for Three Medical Marijuana Dispensaries in Palo Alto and Direction to Staff to Prepare Resolution Calling Election in November 2012. City Attorney, Molly Stump provided a presentation and explained Staff was recommending the Council accept the City Clerk’s certificate of sufficiency of the initiative petition, to direct Staff to return with a Resolution calling for a special election in November 2012 and to provide direction to Staff whether to explore and pursue additional City measures on the topic. She noted in 1997 Palo Alto had passed an urgency Ordinance that clarified and confirmed that in Palo Alto a medical marijuana dispensary was not an approved use in any zone; that was the current state of local law. The proposed initiative Ordinance would permit three medical marijuana dispensaries, the dispensaries would distribute for medical purposes, and provided for a gross receipts tax of transactions related to the distribution of medical marijuana of four percent. She noted when there were sufficient signatures on an initiative the Council could choose to adopt the initiative measure itself, therefore avoiding an election. In this case; however, the initiative did include a general tax which under the procedural requirements of the California Constitution did require a vote of the electorate. Jon Lustig spoke on the merits of cannabis, its medical healing powers, and how it had been used in the United States prior to the early 1900’s. Jonathan Steigman opposed the taxation of medical marijuana and felt it was wrong to burden the ill financially. He urged Council to not participate in the taxation of medical marijuana. Mike Francois spoke against all drug use and noted the probability of abuse by non-medical necessity users. He requested the zoning, regulations, and Ordinances be extremely restrictive if Council moved forward with the proposal. Nick Grant spoke regarding needing a bridge between the community in need and the Cities who could support them. There had not been a Peninsula city to step up and be the leader in this arena and he encouraged Palo Alto to be the first. City of Palo Alto (ID # 1982) City Council Staff Report Report Type: Action ItemsMeeting Date: 10/3/2011 October 03, 2011 Page 1 of 13 (ID # 1982) Summary Title: Park Plaza Architectural Review and Tentative Map Title: PUBLIC HEARING: Consideration of an Appeal of an Architectural Review Approval, a Tentative Map for Condominium Purposes, and a Record of Land Use Action (1) Approving a Mitigated Negative Declaration, (2) Upholding the Director's Architectural Review Approval of a Three Story Development Consisting of 84 Residential Units within the Upper Floors, 50,467 s.f.Ground Floor Research and Development area, Subterranean and Surface Parking Facilities, and Offsite Improvements, with Two Concessions Requested under State Government Code 65915 and (3) Approving a Tentative Map for Condominium Purposes on a 2.5 Acre Parcel at 195 Page Mill Road and 2865 Park Boulevard (Continued from September 19, 2011) From:City Manager Lead Department: Planning and Community Environment Recommendation 1. Staff and the Architectural Review Board (ARB) recommend that the City Council approve the Mitigated Negative Declaration (MND) and Architectural Review (AR) application for the project. 2. The Planning and Transportation Commission (PTC) recommends denial of the Tentative Map for 84 residential condominiums and Research and Development (R&D) purposes and denial of the MND. 3.Staff recommends approval of the Tentative Map. The Council is requested to act on (1) the environmental document (Initial Study/Mitigated Negative Declaration), (2) the Architectural Review application, and (3) the Tentative Map. The motion for a decision should include the totality of the project. Supplemental Information This item was continued from the September 19, 2011 Council agenda. Some attachments to the September 19 CMR were replaced with corrected attachments, and other attachments were added for this CMR, as follows: ·The Planning and Transportation Commission (PTC) minutes are provided as Attachment E ; October 03, 2011 Page 2 of 13 (ID # 1982) ·The Tentative Map image (Attachment R) is now a complete image and a larger paper copy of the map is included in the Council plan sets; ·The Architectural Review Board minutes (Attachment G) are the correct version that had been provided to the PTC; ·Councilmember questions and staff responses are provided as Attachment N; ·Attachments O through R are supplemental documents referred to in Attachment N. Councilmember Scharff had requested an excerpt of the Lapkoff PAUSD study (Attachment O), the Parking Study (Attachment P), and the Transportation Demand Management program (Attachment Q); ·Appellant comments and Residents' Comments received on or following September 19 are addressed by staff responses in Attachments S and T, respectively; ·Documents referred to in Attachments S and T are provided as Attachment U (along with any additional public comments received between the September 19, 2011 Council packet and the October 3, 2011 Council packet). Alternatives The following alternatives are outlined for Council consideration, given the mixed recommendations from PTC, ARB and staff: A.Approve the project with additional conditions of approval related to hazardous materials and monitoring. Approval Findings and Conditions are contained within the Record of Land Use Action (ROLUA, Attachment A). The ROLUA has been updated and clarified in response to comments by the Planning and Transportation Commission (PTC) and minor clerical errors have been corrected in the Mitigated Negative Declaration. B.Deny the project, based on findings supported in the record before the Architectural Review Board, Planning and Transportation Commission and/or the City Council, and direct staff to prepare changes to the ROLUA for denial to return for Council adoption at a future meeting. C.Direct the applicant to pursue the project as a Pedestrian Transit Oriented Development (PTOD) rezoning and return to the PTC for review of the rezone, prior to final Council action. In the event that the City Council decides to deny the applications, staff recommends that the Council explain the general basis for such denial and then continue the hearing, in order to allow staff to prepare detailed proposed supporting findings which the Council could consider at a subsequent meeting. Executive Summary The Park Plaza project is a three story, mixed-use building on a vacant 2.5 acre site approved through the Architectural Review process and appealed for Council review. Reasons for the appeal are summarized in this report and the appeal letter is attached. The requested project entitlements also include a Tentative Map for condominium purposes to create 84 condominium units including 17 below market rate units on two upper floors and October 03, 2011 Page 3 of 13 (ID # 1982) 50,467 square feet of ground floor Research and Development space, with subterranean and surface parking facilities. A Mitigated Negative Declaration (MND) has been prepared and circulated and responses to comments were included in an updated MND (Attachment C) that was provided for the final ARB review. The project site is (1) within the General Manufacturing Zone District and the Pedestrian Transit Oriented Development area, (2) listed as a housing opportunity site in the City’s Housing Element of the 1998 Palo Alto Comprehensive Plan, (3) within walking distance of the California Avenue Train Station, (4) next to the CalTrain/Joint Powers Board right of way, and (5) situated above the Hewlett-Packard/Varian Plume (within the COE groundwater plume). The history of the applicant’s efforts to development the site with a mixed use building extends back more than seven years and includes five separate applications for planning entitlements, and two lawsuits. The history is further detailed in this report and in Attachment H, which provides a project timeline. The ARB and staff have recommended approval of the Architectural Review application and MND, and the Planning and Transportation Commission has recommended denial of both the MND and Tentative Map, based on potential for contamination from vapor intrusion, the use of housing density bonus law concessions, and incompatibility of the residential use. The Regional Water Quality Control Board, the agency with oversight of environmental protection measures for any development above the COE plume, has approved the approach to ameliorate potential vapor intrusion. The approved approach includes the placement of a full vapor barrier with active ventilation, as well as air monitoring in the garage. Following the PTC meeting, the applicant has also offered to provide indoor air monitoring in the residential units. The City Council options include approval (recommended by staff and the ARB), denial (recommended by the PTC), or directing revisions to the project or to require a zone change to PTOD. Background Project History This project has an extensive history. The applicant has proposed housing, including Below Market Rate (BMR) units and R&D use, on the site for many years. Prior Council action included: 1.Rejection of a 2004 Planned Community application for a larger project on the site; 2.Initiation of PTOD rezoning on the site in September 2006; however, the PTOD rezoning was set aside following item 3; 3.Approval of an almost identical project on the site in 2006, conditioned upon provision of 20% BMR units. The Council’s final approval of the previous project was, however, overturned as a result of a lawsuit filed by the appellant in this case. October 03, 2011 Page 4 of 13 (ID # 1982) This project and entitlement process for this project is particularly complex due to: ·the site’s designation as a housing site in the City’s Comprehensive Plan Housing element, which appears in conflict with the underlying zoning of General Manufacturing (GM), which does not allow residential use, ·the site’s location directly adjacent to Caltrain and within the Pedestrian Transit Oriented Development (PTOD) area, which encourages primarily residential development, ·the site’s proximity above a toxic groundwater plume, ·the use of State Housing Density Bonus Law (Government Code 65915-65918) to obtain two ministerial “concessions” for residential use and a 1.5:1 floor area ratio, based on the provision of 20% BMR units, and ·a history of changes to the zoning on the site and uses allowed in the GM zone. Further site history is provided in Attachment H, and brief summaries of ARB and PTC actions on past and current applications are also provided therein. A later section of this report conveys the ARB and PTC recommendations and key issues of concern with respect to the current applications. Grounds for the appeal of the Director’s Architectural Review (AR) approval and more detail about the AR and Tentative Map applications are summarized later in this report and in attached documents. Project Description The Park Plaza project is a three-story, mixed-use building proposed to be located on a single parcel within the General Manufacturing (GM) Zone District and Pedestrian Transit Oriented Development (PTOD) Area, abutting the Caltrain/JPB right of way and within 2,000 feet (walking distance) of the Cal Ave. Caltrain station. The site is adjacent to another GM zoned site which is occupied at present by the Akins auto body shop and office. The 84 residential units would be located on two upper floors within 104,971 square feet, and include 17 below market rate housing units distributed in a configuration as noted in the attached PTC staff report. The applicant had initially intended to rent all of the residential units, but provide for eventual future conversion to ownership units. Most recently, however, the applicant has stated his intention to sell all of the residential units initially rather than renting the units. The draft Below Market Rate Housing Agreement requires below market rates for the 17 residential BMR units for a period of 59 years from initial occupancy. A subterranean parking garage and courtyard parking lot would provide a total of 302 parking spaces; nine of the courtyard spaces would be placed within “landscape reserve”. The project includes a 22% reduction in parking requirements, since the project site is near the California Avenue CalTrain station and the parking facilities would be shared by the occupants of the residential units and R&D space. Off-site improvements include a 139 foot long left turn stacking lane on Park Boulevard onto Page Mill Road, sidewalk “bulb-outs” and street trees. Corridors are provided on upper floors next to the CalTrain corridor to mitigate train noise for upper floor residential occupants. The October 03, 2011 Page 5 of 13 (ID # 1982) building is designed around a central courtyard, which allows for light and air for the occupants facing the courtyard. The proposed building height is 40 feet, with a tower at the corner of Page Mill Road and Park Boulevard that would exceed 40 feet. The applicant’s proposal includes R&D use within 50,467 square feet of space on the ground floor, intended for minor incidental research and using only limited quantities of chemicals regulated by building and fire codes. MND mitigation measures ensure the ground floor R&D use would not result in unmitigated health hazards for the residential occupants. The applicant has not stated any intention to lease the R&D space to bio-medical research use, which is not regulated by building and fire codes; however, this was not explicitly stated in the project description. The applicant has recently stated that he would like an allowance for use of the Levels 1 and 2 (but not levels 3 and 4) of biological materials, though staff has included a condition of approval to restrict biological materials to the Level 1 only (level one biological materials include minor non-infectious viruses such as non-human viruses and the common cold). Mitigated Negative Declaration (MND) Staff believes the revised MND is fully compliant with the provisions of the California Environmental Quality Act (CEQA). Staff has worked with the applicant to ensure the project will address the PTC’s identified safety concerns, and to provide additional clarification and approval conditions -but no additional mitigation measures -in the MND and Record of Land Use Action (ROLUA). Architectural Review (AR) Application The Director of Planning and Community Environment approved the AR application July 12, 2011, following ARB reviews and recommendation. Additional background information related to the AR application is included in the Record of Land Use Action (Attachment A), attached staff reports (PTC report as Attachment D and ARB report as Attachment F), and meeting minutes (PTC meeting minutes as Attachment E and ARB meeting minutes as Attachment G). Tentative Map The proposed Tentative Map is to subdivide one existing parcel to establish 84 residential condominium units on the two upper floors and Research and Development use on the ground floor. The Covenants, Conditions and Restrictions (CC&R’s) for maintenance and general upkeep of this development are required to be submitted and reviewed prior to submittal of a Final Map. The Tentative Map includes information on the existing parcels and onsite conditions. City staff has determined that the Tentative Map application is in compliance with zoning, subdivision, and other codes and ordinances. The map contains all information and notations required to be shown on a Tentative Map. The required findings, adjusted following the PTC review, are included in the Record of Land Use Action. Pursuant to the State Subdivision Map Act, the required findings are stated in the negative such that if any of the findings are made the map shall be denied. Staff believes none of the findings can be made to require denial of the map, so it must be approved if the AR October 03, 2011 Page 6 of 13 (ID # 1982) application is also approved. The AR application was submitted first, in September, 2008, and the Tentative Map application was submitted in October, 2010 following the initial ARB hearing for this application. The condominium map is, in staff’s opinion, consistent with the AR project and with all applicable regulations for subdivisions per the Palo Alto Municipal Code (PAMC). Board and Commission Review and Recommendation Planning and Transportation Commission (PTC) Review The PTC has authority to review the Tentative Map and the associated MND. The Commission voted 4-2-1 to deny the map and the MND. The August 24, 2011 PTC staff report and minutes are attached for Council consideration, as Attachments D and E, respectively. The PTC members voting against the project expressed concern about the public process with regard to Government Code 65915-65918 concessions, the location of R&D below residential uses and potential health problems for building occupants, the adjacency of the site to Caltrain and the auto body shop, and the MND findings related to unknown long-term impacts of the toxic plume on project residents. The dissenting PTC members proposed a substitute motion (that failed) supporting the staff recommendation including minor modifications to the ROLUA and MND as well as a prohibition on biohazards in the R&D space. These members noted that it was not fair to change the “goal posts” (review process) for the project, that the area was experiencing rapid change in land use, that the project aligns with PTC goals for the area, and that the development site was in a pivotal position to link Fry’s to the California Avenue area. Tentative Map Findings #3 and #6 have been adjusted by staff following the PTC review to address some of their comments, and corrections were made to the ROLUA and MND regarding the housing inventory yield and PAUSD estimated student generation. No new mitigation measures or adjustments to mitigation measures are required. At the hearing, the only public testimony was provided by the appellant for the Architectural Review approval, Robert Moss. Mr. Moss’ letter to the PTC is attached to this report (within Attachment U). Mr. Moss stated there was no reason for housing adjacent to Caltrain in the GM zone, no reason for mixed use with R&D use, and asserted that he is seeking Senator Simitian’s support for replacement of the Regional Water Quality Control Board (RWQCB) with the Environmental Protection Agency (EPA) as the oversight agency on groundwater issues for development within the City of Palo Alto. Mr. Moss stated his belief that the RWQCB is out of compliance with general practices for health and safety, and referred to the MEW superfund site in Mountain View, which is subject to review by the EPA as the oversight agency on groundwater issues. The PTC members questioned the City’s environmental consultant, George Burwasser, who October 03, 2011 Page 7 of 13 (ID # 1982) noted that the MND was subject to the same analysis as would be required for an Environmental Impact Report (EIR). Mr. Burwasser explained that the mitigation measures are considered quite conservative, that the RWQCB is the agency with jurisdiction over this site, and that indoor air quality monitoring was not the most effective means of assessing impacts. ARB Review and Appeal On July 7, 2011, the ARB reviewed the development plans and recommended approval on a 3-2 vote. The two previous ARB public hearings on this application are described in attached staff reports. The appellant cites various reasons for the appeal in his letter (Attachment B): ·Concern about the project’s appearance, including the color scheme, and belief the project would not be pedestrian friendly; o Response: The ARB recommended the project following detailed review of the color scheme and pedestrian amenities along the two street frontages. ·Concern with overflow parking and cumulative traffic impacts; o Response: A parking study was prepared to demonstrate time-of-day parking for the different land uses, and document that the reduced parking request is justified and that shared spaces will be available to accommodate the parking demand. A Transportation Demand Management Plan (TDM) program indicating measures to be implemented and enforced to encourage use of transit or other non-vehicular transportation modes for residents and employees of the site was also required to obtain the Director’s approval of the reduction. A TDM program was prepared by Fehr and Peers and submitted to the City. ·Concern that the applicant was “given a building permit” before the first ARB hearing on the project. o Response: This is not accurate. The applicant submitted an application for a building permit for plan check for the 2006 approval and an outside plan checker (Veritas) reviewed for building code compliance -but due to the lawsuit, no further action was taken by the City. ·Concern that a 10 foot rear setback should be provided next to Caltrain right of way to allow landscaping on the property rather than within the Caltrain right of way, and further modification of the building’s rear wall to enhance mitigation for Caltrain noise and vibration impacts. o Response: Precedents for residential units and mixed use projects along Caltrain right of way exist up and down the San Francisco Peninsula as well as in Palo Alto. Palo Alto Central is one such mixed use development (though there is a “frontage road” along the tracks). A noise study was prepared for the Addendum to the Comprehensive Plan EIR for the PTOD area rezoning presented to the PTC and approved by Council in 2006. The study provided techniques for buildings October 03, 2011 Page 8 of 13 (ID # 1982) along Caltrain right of way to reduce noise reflection. The techniques included use of absorptive materials, articulation and avoidance of sustained flat surfaces over 100 feet. The project employs these techniques. ·Concern about operation of the ventilation system during a power failure, the need for city emergency services and a belief that additional mitigation measures are needed at the level required by the EPA in other jurisdictions, to ensure residents are protected from vapor intrusion from the groundwater plume. o Response: This issue is addressed extensively in the “key issues” report section. ·Belief that the R&D is not needed to make the housing on the site economically viable. o Response: The applicant supplied a letter in the fall of 2006 noting that R&D space reduces the cost of the housing development since (a) it would cost less to build than residential space and (b) would generate more income per square foot (at an estimated 14.5% return) than the residential (at an estimated 1.4% return). ·Concern that Fire Department will not provide the necessary oversight over the use of hazardous materials in the space. o Response: The City’s Fire staff provided comment during the project review and MND process with respect to their anticipated oversight of the low level of hazardous materials potentially to be used in the proposed R&D space. During the PTC meeting, a concern regarding oversight of the use of biological materials was raised. Staff suggests a condition of approval requiring the applicant to exclude from leases the use of Levels 2, 3, or 4 biological materials in the R&D space. The condition of approval has been added to the ROLUA in the event the Council wishes to limit the R&D tenancy in this manner. ·Belief that the project violates Comprehensive Plan Policies and will exacerbate the jobs-housing imbalance and will not be compatible with the neighborhood. o Response: The project has been reviewed for compliance with the Comprehensive Plan, Zoning Ordinance, and CEQA and related findings are set forth in the ROLUA. ·Concern about school impacts. o Response: As noted in the MND and in this staff report, the Lapkoff study estimates a yield of 29 students from the project. Staff notes that some of Mr. Moss’s objections are not related to architectural review criteria. Key Issues a.Groundwater Contamination The toxic groundwater “plume” under the project site extends from the Stanford Research Park October 03, 2011 Page 9 of 13 (ID # 1982) across Caltrain and Alma Street, and is known as the California-Olive-Emerson (COE) plume (map provided in Attachment U). Mitigation measures in the MND are designed to address potential impacts from “vapor intrusion” and include a full vapor barrier and active ventilation system, as well as other protocol measures. These provisions were approved by the agency responsible for oversight of this issue in Palo Alto, the Regional Water Quality Control Board (RWQCB). A majority of PTC members, however, did not consider the measures to be adequate or felt that considerable risk remained. The PTC also appeared to be concerned about the lack of indoor air monitoring in the residential units. Following the PTC meeting, in response to concerns about vapor intrusion, the applicant has offered to collect baseline samples on a one-time basis in all four floors of the structure (upper floors and ground floor in addition to the already stipulated air monitoring by RWQCB in the garage and riser ports). Staff has added such a condition to the ROLUA (though not as an additional mitigation measure for the MND, as the technical analysis did not find a significant impact). Staff notes that many existing housing developments have been constructed above the California Olive Emerson (COE) plume, which has been known since 1981. Two examples are the applicant’s projects at 200 Sheridan Avenue (Sheridan Plaza, 30 units plus a cafe) and 345 Sheridan Avenue (Mayfield, 83 units), both of which are served by below grade parking garages. A copy of the City’s plume map is provided as an attachment to the MND. The MEW (Middlefield, Ellis, Whisman) Study Area in Mountain View was cited by Mr. Moss as having higher level of vapor intrusion protection. It is staff’s understanding that the MEW area projects are often approved by the EPA with the full vapor barrier and passive or active ventilation systems designed very similar to the system proposed at 195 Page Mill Road. The applicant has provided a report (Attachment K) detailing his environmental consultant’s contact with an EPA representative confirming current building standards and testing protocol regarding the MEW area. There is recent precedent in Palo Alto for construction of residential units above a toxic groundwater plume. The Campus for Jewish Life (CJL) project in Palo Alto included senior housing on a podium above a more recently discovered toxic groundwater plume, the source of which had yet to be determined at the time that project was going through entitlements. In the CJL project, the groundwater “table” was much closer to the surface, such that any below grade parking would have intruded into the groundwater table. The solution in that case was to construct parking facilities above grade and thereby minimize the risk associated with construction of residential units above that toxic plume. b.Housing Density Bonus Law The City may not compel below market rate units for rental housing projects due to recent case law (Palmer v. Los Angeles). The applicant has now decided to sell the units as condominiums, however, which would require that 12.6 BMR units (15%) be provided. The applicant proposes that 20% (17 units) of the residential units to be sold at below market rates. The 20% BMR unit October 03, 2011 Page 10 of 13 (ID # 1982) proposal allows for two “concessions” via State Housing Density Bonus Law (GC 65915-65918), and the concessions are viewed as essentially ministerial. The first concession is the residential use itself, which is not otherwise allowed in the GM zone, although the site is identified for housing in the City’s Housing Element. The second concession is a floor area ratio of 1.5, which is 1.0 greater than the GM zone allows, and is comprised of 1.02 residential floor area and 0.48 commercial floor area. Were the site zoned PTOD, a 1.25 floor area ratio would be permitted, with 1.0 for residential and .25 for commercial use including R&D use. The additional residential area is requested to be granted for housing units allowed per the Housing Element, and the applicant has stated that the R&D floor area is needed to reduce the cost of the housing component. The applicant supplied staff with a statement to this effect. The City Council approved this project in 2006 with similar concessions, in fact requiring the 20% BMR set-aside to justify the concessions, though the prior approval was for an all-rental residential project. Staff believes that, based on that action and the minimum deviation from PTOD limitations, the same application to this project is warranted. A draft ordinance regarding State housing law concessions for Palo Alto has been prepared but has been on hold while staff recruited a new senior housing planner. This position was filled in early August, and a study session regarding the ordinance and issue is being scheduled for the PTC in October. c.Zoning and Land Use of Project Site In September 2005, Council eliminated the “B” overlay on General Manufacturing (GM) zoned sites, thereby eliminating residential use of GM zoned sites with the exception of those, including the project site, identified as housing sites in the City’s Housing Element. The City’s Housing Site Inventory included this site for housing at up to 40 units per acre (as is proposed). State housing law requires that the City approve housing on the site or else identify alternative housing sites to provide sufficient units to remain in compliance with the Housing Element. On September 11, 2006, Council initiated a rezoning of the project site to PTOD, though an application for a similar project on the site had just been recommended by the ARB for approval by the Director of Planning and Community Environment (Director). On November 20, 2006, the City Council approved the project. However, following a writ of mandate filed by the appellant in 2007, the Council approval was nullified because a revised CEQA document prepared by staff to address Council revisions in that case was not re-circulated. The writ required a new application to be submitted. The judgment, however, supported the City’s approval of the use of housing density bonus law “concessions” and did not concur with the appellant’s objections regarding groundwater mitigations. The RM-40 standards had formerly been applied to the residential portion of the 2006 project because the Comprehensive Plan Housing Element proposed an RM-40 zoning for the site (and the adjacent sites which together formed a 3.92 acre potential housing site (“Site 8-11”) as listed on the inventory). In 2010, the RM-40 standards for height, setbacks, lot coverage, and October 03, 2011 Page 11 of 13 (ID # 1982) daylight plane were, however, deemed as not applicable to the project by the City’s outside counsel, given the “new” application. One option for the Council (Alternative C) would be to direct the applicant to proceed back to the PTC with the same project, but under a request for Pedestrian and Transit Oriented Development (PTOD) zoning. This would help at least clarify the land use confusion by allowing mixed use development at a similar density and floor area ratio and minimizing deviations requiring housing law “concessions”. Timeline Item Date Action AR Application Submittal September 22, 2008 Environmental Review Tentative Map Submittal October 5, 2010 Environmental Review ARB Review 12/09, 5/11, 7/11 Recommended, 3-2 PCE Director Action July 12, 2011 Approval of MND and AR Appeal July, 25, 2011 Set Council date 9/19/11 PTC Review August 24, 2011 Not recommended, 4-2-1 Council Review September 19,2011 Resource Impacts The proposed project will generate additional General Fund revenues in the form of development impact fees and additional property taxes, sales taxes, and utility user taxes. One-time development impact fees are estimated at $3,513,669. This includes parkland dedication fees estimated at $2,934,231 due to the condominium proposal, plus library and community facility fees, and the Citywide transportation impact fee. Additional annual revenues would include property taxes, sales taxes, and utility user taxes. The owner estimates that after the improvements are complete, the property will be valued at $50 million, which is $40 million more than its current assessed value. This represents a $37,000 increase in annual City property tax revenues. Furthermore, the residents of the property, along with the employees in the Research and Development portions of the building, are expected to make purchases that will add an estimated $16,000 in annual sales tax revenues, as well as approximately $15,000 in additional utility user tax revenues to City coffers. That brings the total estimated annual revenue impact to $68,000. On the expenditure side, the project would add 84 new residential units -with a combined total of 152 bedrooms -to the City housing stock. This will create new demands for City services such as community services, planning, police and fire. While quantification of the expenses for an individual project is difficult to project due to the incremental nature of service delivery costs, staff notes that development impact fees for Community Services and the Library Departments are designed to cover the incremental facility needs of the new residents. Similarly, service fees in Utilities, Community Services and Planning are designed to recoup October 03, 2011 Page 12 of 13 (ID # 1982) operating expenses associated with, for example, the delivery of utility services, classes, sports programs, plan reviews, and project permits. Police and Fire services to the Palo Alto community, however, are paid by the General Fund, as are Public Works (roadway and drainage improvements) and general government services. Although the incremental impacts of this project alone are not expected to require additional General Fund staffing, when all recently approved projects come on line, the cumulative impact may require additional staffing for services. Policy Implications Staff believes that the proposed project and subdivision are consistent with the goals and policies of the Comprehensive Plan. The residential and “Research and Development” use of the development are consistent with the associated land use designation of General Manufacturing with the Housing Element opportunity site designation, with the Transit Oriented Residential designation for the area, and with the PTOD overlay. More information about Comprehensive Plan compliance is included in the August 24, 2011 PTC staff report and compliance with specific Comprehensive Plan policies is outlined in the ROLUA. Environmental Review The proposed project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration (MND) was tentatively approved prior to the Architectural Review (AR) approval by the Director of Planning and Community Environment for this project. It was determined that the project could have potentially significant aesthetic, noise, traffic, and hazardous materials impacts. The Mitigated Negative Declaration is included as Attachment C. The document was available for public review and comment during a 30-day inspection period beginning May to June 2011 and clarifications were made prior to the final ARB review and Director’s action on the MND. The groundwater contamination issue is outlined in greater detail above under the PTC review and the “Key Issues” discussion. Attachments: ·Attachment A: Record of Land Use (DOC) ·Attachment B: Architectural Review Appeal by Robert Moss (PDF) ·Attachment C: Mitigated Negative Declaration (DOC) ·Attachment D: P&TC Staff Report August 24, 2011 (DOC) ·Attachment E: PTC meeting minutes August 24, 2011 (DOC) ·Attachment F: ARB Staff Report July 7, 2011 (DOC) ·Attachment G: ARB Meeting Minutes July 7, 2011 (DOC) ·Attachment H: Background Information/History (DOC) ·Attachment I: PCE Director Approval letter July 12, 2011 (DOC) ·Attachment J: Park Plaza Mitigation Monitoring Program (DOC) October 03, 2011 Page 13 of 13 (ID # 1982) ·Attachment K: Applicant's supplemental information regarding Vapor Intrusion (PDF) ·Attachment L: Applicant's response to Robert Moss Appeal Letter (PDF) ·Attachment M: Correspondence (PDF) ·Attachment N: Responses to Council Questions (PDF) ·Attachment O: Lapkoff and Gobalet Palo Alto Unified School District Study (PDF) ·Attachment P: Fehr and Peers parking studies (Excerpts of Appendices L and J of MND Reference Studies and Documents (PDF) ·Attachment Q: Transportation Demand Management Program(PDF) ·Attachment R: Tentative Map (PDF) ·Attachment S: Appellant's Recent Email and Staff Reponses (DOC) ·Attachment T: Residents' Pre-9/19 Emails and Staff Reponses (DOC) ·Attachmen U: COE Plume Map and Letters to PTC and ARB (PDF) ·Attachment V: Herb Borock Letters (PDF) Prepared By:Amy French, Current Planning Manager Department Head:Curtis Williams, Director City Manager Approval: James Keene, City Manager 1 Action No. 2011-xx RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 195 PAGE MILL ROAD/2865 PARK BOULEVARD (PARK PLAZA): APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE MAP [10PLN-00344] AND ARCHITECTURAL REVIEW [08PLN-00295](HOHBACH REALTY COMPANY LIMITED PARTNERSHIP, APPLICANT) On October 3, 2011, the City Council of the City of Palo Alto approved a Mitigated Negative Declaration and ‘Tentative Map for Park Plaza for 50,467 square feet of R&D Space and 84 Residential Condominium Units’ on a single parcel (approximately 2.5 acres) and affirmed the July 12, 2011 Architectural Review approval by the Director of Planning and Community Environment to allow: (1) 84 residential condominium units on the 2nd and 3rd floor of a new 3-story mixed use building (Park Plaza) with subterranean and surface parking facilities, including 17 below market rate residential condominium units, and indoor residential common areas on the two upper floors including structural elements of the second and third floors, all utility lines serving the second and third floors, the elevators, stairways comprising 106,320 square feet of interior floor area; and common areas within the residential entry level lobbies, residential outdoor deck and pool area, roof area and trash chutes and trash areas; and (2) the land area underneath and surrounding the new three story mixed use building (Park Plaza) including landscaping and interior courtyard with surface parking for 17 vehicles and 9 vehicles in “landscape reserve” for future use as needed, first floor building area comprising 50,467 square feet for research and development use and allowing for residential use via easements of elevators and stairs, trash chute, utilities and structural elements; one level of below grade parking accessed from Park Boulevard for 276 vehicles and 87 class I bicycle storage lockers with easements allowing for residential use of associated vehicle and bicycle parking spaces, stairs, elevators and trash areas and utilities; and (3) the new 3-story mixed use building and associated on-site and off- site improvements as recommended by the Architectural Review Board and approved on July 12, 2011 by the Director of Planning and Community Environment; and making the following findings, determinations and declarations: SECTION 1. Background.The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A.On September 22, 2008, Harold Hohbach of Hohbach Realty Company Limited Partnership (Applicant) submitted an application [08PLN-00296] for Environmental Review, Architectural Review (AR) with State mandated housing density development concessions for additional floor area (1.0:1) and residential use within the GM zone, based upon 2 inclusion of below market rate housing pursuant to state affordable housing incentive law (CGC 65915-65918), for a new mixed use, 3 story building and associated on-site and off-site improvements, replacing a one story building of 50,468 square feet on a 2.52 acre (2.4 net acre) site at 195 Page Mill Road fronting Park Boulevard and Page Mill Road. B.The application for Architectural Review [08PLN-00296] was analyzed pursuant to requirements of the California Environmental Quality Act (CEQA) and a Draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared by the City’s environmental consultant (Atkins, the firm formerly known as PBS&J, Inc) and circulated for public comment between April 24, 2009 and May 25, 2009, including distribution through the State Clearinghouse. Public comments were received from the Regional Water Quality Control Board (RWQCB) and the IS/MND was revised and circulated in November 2009. Mr. Robert Moss commented on the document, particularly objecting to the analysis and mitigations dealing with groundwater contamination. C.On December 3, 2009, the ARB considered the AR application and public comments and continued its review to a date uncertain to allow the applicant to modify the plans. D.On October 5, 2010, the Applicant submitted the Tentative Map application [10PLN-00344] for condominium purposes but not involving the merger of parcels. The merging of the parcels had been approved previously via the City’s Certificate of Compliance process. The Tentative Map application was submitted prior to the preparation of environmental review documents and subsequent public hearings on the AR application. E.On February 22, 2011, the applicant submitted a letter to address storage and hazardous materials use by possible R&D tenants in the Park Plaza project, requesting City approval of such storage and use in limited quantities, identifying safeguards related to storage, rated walls, protected openings and ventilation systems. The IS/MND was revised and circulated on May 5, 2011, including distribution by the State Clearinghouse, for a public comment period ending June 7, 2011. F.On May 19, 2011, prior to the end of the comment period, the ARB held a public hearing and continued their review to a date uncertain to allow for the completion of the public comment period and to allow the applicant to address their comments. Three sets of public comments on the revised IS/MND were received, from Robert Moss, Roger Papler of the RWQCB, and Herb Borock. A City Public Works staff member also provided additional verbiage for the document to reflect updated regulations. The City’s consultant (Atkins) prepared responses addressing the comments by Mr. Moss and Mr. Papler and, along with Public Works staff edits, these were incorporated into the annotated IS/MND dated June 29, 2011 and uploaded to the City’s website in materials for the third ARB hearing on July 7, 2011. The third set of public comments (Borock) pertained to the Below Market Rate housing 3 with respect to CEQA review and the Tentative Map, and were provided to the ARB at places, acknowledged in staff’s oral presentation to the ARB, and provided to the Planning and Transportation Commission (Commission). G.On July 7, 2011, the ARB recommended, on a 3-2 vote, approval of the project plans, subject to staff conditions of approval and additional conditions of approval contained in this Record of Land Use Action. H.On July 12, 2011, the Director of Planning and Community Environment (Director) received the ARB recommendation, tentatively approved the Initial Study/Mitigated Negative Declaration, and approved the AR application. Findings and conditions of approval recommended by the ARB were incorporated into the AR approval (and have been incorporated into this ROLUA). Notices of the Director’s decision were mailed, but a Notice of Determination was not filed with the County of Santa Clara, because a timely appeal of the Director’s decision was received. I.Following AR approval of the Park Plaza development project by the Director, the Tentative Map for Condominium Purposes [application 10PLN-00344] was advertised for public hearing and consideration by the Planning and Transportation Commission. J.On July 25, 2011, the Director’s decision on the AR application (application 08PLN-00295) was appealed. K.On August 9, 2011, the Applicant submitted a revised Tentative Map with only the title changed, to “Tentative Map for ‘Park Plaza’ for 50,467 square feet of R&D Space and 84 Residential Condominium Units” (formerly titled “Tentative Map for ‘Park Plaza’ for R&D purposes and Residential Condominium Purposes”). The title change is considered a legal clarification of the purposes of the Tentative Map rather than a substantive change to the project. L.On August 24, 2011, the Planning and Transportation Commission recommended, on a 4-2-1 vote, that the City Council deny the Tentative Map application based upon Findings #3 and #6, and noting the MND findings to be inadequate in that the location of housing in the GM zone would be injurious to public health, the unknown impacts from the spread of the toxic plume would be detrimental to health and safety, concern over the adjacency of the R&D to residential use, and the lack of monitoring of long-term health in occupied spaces. SECTION 2.Environmental Review.The background regarding the Environmental review is provided in Section 1. The City Council has approved the Mitigated Negative Declaration and Tentative Map, and has upheld the Director’s decision on the AR application. a Notice of Determination will be filed with the County of Santa Clara. 4 SECTION 3.Project Approval Findings The approval findings for the project are set forth below: 3A. Tentative Map Findings. A legislative body of a city shall deny approval of a Vesting Tentative Map, if it makes any of the following findings (California Government Code Section 66474): 1.That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: This finding cannot be made in the affirmative. The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan. The land use designation in the area of the subdivision is Light Industrial and the zoning designation is GM. The proposed mixed use development is consistent with the land use and zoning designations of the site, since the site is designated for housing in the City’s Comprehensive Plan. The City of Palo Alto’s Comprehensive Plan Housing Element contains a Housing Sites Inventory (Appendix A) which references the project site (2.5 Acres) as among the parcels comprising the 3.92 Acre Housing Site #8-11) as likely to provide housing units at the RM-40 zoning density (40 units/acre) with a “minimum dwelling unit yield” of 120 housing units for the entire Site #8-11. In addition, the Comprehensive Plan Land Use Definitions provides for use of a Transit Oriented Residential land use designation that considers sites within 2,000 feet of the California Avenue multi-modal transit station as able to accommodate densities up to 50 units per acre. The project site is within the boundaries of the City’s Pedestrian Transit Oriented Development (PTOD) Combining District area, which enables property owners to request a PTOD zoning designation on to allow for higher density residential housing on industrial parcel within a walk-able distance of the California Avenue Caltrain station. Though the applicant has not requested PTOD project zoning for the parcel, the proposed uses are consistent with the permitted land uses in a PTOD zone. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: This finding cannot be made in the affirmative. The Tentative Map is consistent with Comprehensive Plan policies and programs for land use/housing (Policies L-7, L-31, Programs L-31, H-3 and H-5), Below Market Rate housing (Policy H-2 and programs H-1, H-3 and H-38), sustainable design (Goal H-5, Policies H-25, N-47 N-48 and Program H- 69), transit-orientation (Policy and Program T-1), open space/amenities (Policies N-15 and N-22), and noise (Policies N-39, N-40, N-42). The AR findings cited in Subsection 3B of this ROLUA include additional comprehensive plan policies B-2, L-5, L-48, L-49, L-75 and T-19 as applicable to the approval of the mixed use building. 5 In addition, Tentative Map (10PLN-00344) is not inconsistent with the following Comprehensive Plan policies: (1) Policy L-1: Limiting future urban development to currently developed lands within the urban service area; (2) Policy L-6: Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities; (3) Policy H-4: Encourage mixed use projects as a means of increasing the housing supply while promoting diversity and neighborhood vitality; (4) Policy H-12: Encourage, foster and preserve diverse housing opportunities for very low-, low-, and moderate-income households; (5) Policy N-41: When a proposed project is subject to CEQA, the noise and impact of the project on existing residential land uses should be evaluated in terms of the increase in existing noise levels and potential for adverse community impact, regardless of existing background noise levels. This mixed-use project is an in-fill development that will provide housing diversity and encourage neighborhood vitality. The site’s location is not adjacent to low density residential uses and multi- story office buildings are located within the immediate vicinity of the subject site. The project does not constitute an abrupt change in scale and density from adjacent uses. Since the residential condominiums will be located adjacent to CalTrain right of way and two public streets, above Research and Development land use,and adjacent to land zoned for light industrial uses, the environment experiences moderate to high levels of noise. However, the building design was subject to environmental review for compliance with the Comprehensive Plan noise policies and the attenuation of noise is required per Mitigation Measure #7 (contained within the AR approval conditions in this ROLUA), which specifically cites Comprehensive Plan policy N-39 compliance for the building interiors. The exterior area within the courtyard will be buffered from Caltrain and street noise by the building walls, which would also serve as noise-attenuating walls to control parking noise generated within the courtyard. The project includes soundproofing materials and STC rated windows to address the JPB/Caltrain proximity. Deliveries and trash pickup would be limited by the City’s regulations designed to minimize noise impacts. 3.That the site is not physically suitable for the type of development: This finding cannot be made in the affirmative. The site is suitable for subdivision into condominiums for both the market rate and below market rate housing units approved via the AR process and can accommodate the proposed mixed-use, infill development. The site is adjacent to established commercial development, and the entire area is within the Pedestrian Transit Oriented Development (PTOD) area, which allows mixed use with predominantly residential us. Adjacent sites include: (1) the Akins auto body shop and an office on the adjacent GM (AD) zoned parcel, (2) the office building on the 8.5 Acre ROLM zoned parcel at 395 Page Mill Road across Park Boulevard (where Research and Development is a permitted use and where a Conditional Use Permit is required for either a mixed use project with multiple family residential units), (3) the office building on the opposite 6 corner, a GM zoned parcel between Page Mill and Oregon Expressway, and (4) the GM zoned property across Page Mill Road from the site and formerly considered by the City of Palo Alto for an emergency services building and considered for multiple family residential development in prior years. The site is relatively flat and regular in shape. The site is close to the California Caltrain station and is currently served by water, gas, wastewater, electric, and communication services. The site also has standard access for emergency service delivery. 4.That the site is not physically suitable for the proposed density of development: This finding cannot be made in the affirmative. The purpose of the Tentative Map is to create 50,467 square feet of Research and Development space and 84 residential units. The density reflected in the subdivision is consistent with the Housing Element of the City’s Comprehensive Plan. The site is physically suitable for the proposed density and with State density bonus law, is allowed additional floor area above the development standard for the GM zone as a concession. The site’s location within walking distance of a transit station and proposed shared parking facilities will allow the proposed density, subject to Transportation Demand Management Plan (TDM) implementation per Mitigation Measure #9 (TDM is required prior to building permit issuance and subject to review after occupancy). The development would be accessed from a public street and the warning system required to be implemented per Mitigation Measure #8 will eliminate potential conflicts between vehicles and pedestrians/bicyclists at the entrance to the underground garage. 5.That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: This finding cannot be made in the affirmative. The project is an infill site surrounded by development and in a light industrial district. The new development would occur within the footprint of the pre-existing development, which previously consisted of light industrial buildings and surface parking areas. The project’s Initial Study and Mitigated Negative Declaration state that there are no significant impacts to existing sensitive wildlife and plants. 6.That the design of the subdivision or type of improvements is likely to cause serious public health problems:This finding can not be made in the affirmative. With implementation of Mitigation Measures #4 and #6, addressing groundwater contamination and proximity of the research and development use to the residential use, the subdivision would not be likely to cause serious public health problems. These mitigation measures, prepared by the City’s environmental consultants and reviewed multiple times, were ultimately approved by the Regional Water Quality Control Board, the agency having jurisdiction over measures addressing development above toxic groundwater. The project is designed to provide access for emergency 7 services, will supply necessary utility services, such as sanitation, and is designed per City and State standards to ensure public safety. The applicant’s proposal does not include R&D condominiums so the owner is retaining control over the entire R&D space with tenant leases. The use and storage of other nominal hazardous materials (typically including but not limited to print shops, boutique dry cleaners, dental offices and labs, small fabrication shops (like IDEO) for prototype products, including small scale machine shops, or medical prosthetics) would be subject to standard protocols and safety measures of the Building and Fire Code Regulations. Pursuant to Conditions of Approval herein, the R&D tenant leases will include stipulation that biological materials levels 2 through 4 will be excluded from the ground floor R&D space. 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. The subdivision of the existing parcel will not conflict with easements of any type, in that the subdivision is compatible with the emergency vehicle access and any utility easements that would be required to serve the proposed developments. 3B. Architectural Review Findings: The project is consistent with all relevant Architectural Review findings in PAMC Section 18.76.020(d) including the following: 1. The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. The proposed project would satisfy specific Comprehensive Plan programs, policies and goals, including: ·Policy B-2:Support a strong interdependence between existing commercial centers and the surrounding neighborhoods as a way of encouraging economic vitality; ·Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale; ·Policy L-31: Develop the Cal-Ventura area as a well-designed mixed used district with diverse land uses with two-to three- story buildings; ·Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces; 8 ·Policy L-49:Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing; ·Policy L-75: Minimize the negative physical impacts of parking lots. Locate parking lots behind buildings or underground wherever possible; ·Policy T-1:Make land use decisions that encourage walking, bicycling, and public transit use; and ·Policy T-19: Improve and add attractive, secure bicycle parking at both public and private facilities, including multi-modal transit stations, on transit vehicles, in City Parks, in private developments, and at other community destinations. The project is a mixed-use development in the Cal-Ventura area, including for sale housing and research and development uses. The conditions of approval contained within Section 7 of this Record of Land Use Action reflect the conditions that were attached as Attachment C to ARB staff report dated July 7, 2011, modified in accordance with Architectural Review Board recommendations on July 7, 2011, for the Director’s action on July 12, 2011, will ensure a high quality design and compatibility with adjacent and nearby uses. 2. The design is compatible with the immediate environment of the site. The three-story building will be located in a General Manufacturing zone district where a variety of architectural styles and masses are found. The proposed building would add mass and establish a new architectural presence on a visible site at the corner of Page Mill Road and Park Boulevard. The new building would be taller and longer than the buildings on adjacent sites, but will nevertheless be compatible with these buildings. 3. The design is appropriate to the function of the project. Research and development and residential uses, are located on separate floors, which provides a needed separation from both uses. Both elevators and stairs provide access to each floor. A central courtyard would provide at grade parking as well as landscaped open space and private balconies for the dwelling units (with the exception of two units that would not have balconies) for the occupants of the building. 5.The design promotes harmonious transitions in scale and character in areas between different land uses; The project would be physically separated from the residential zones located on the opposite side of Alma Street by a four-lane street and the Joint 9 Powers Board (Caltrain) right-of-way. Aside from this physical separation, the proposed project would be located in an area, which has buildings in various architectural styles and masses. The project would serve as a focal point when one approaches Park Boulevard from Page Mill Road. 6.The design is compatible with approved improvements both on and off the site; The project has been be reviewed by the City of Palo Alto Utilities Department and the Public Works Department to ensure compatibility with improvements. The proposed project would include street improvements to be funded and implemented by the applicant. The proposed street improvements would not interfere with proposed plans to establish Park Boulevard as a ‘bike boulevard.’ 7. The planning and siting of the various functions and buildings on the site create an internal sense of order an provide a desirable environment for occupants, visitors and the general community. The proposed project has clearly defined area of residential and R&D uses.The main approach to the building would be from Park Boulevard and would lead into an open landscaped courtyard that is mostly surrounded by the building. The site has sufficient bike secured and public bicycle parking facilities for residents, employees and visitors. The upper two floors, consisting of residential units and includes amenities such as a swimming pool and a meeting room, and show facilities for the R&D use at the first floor level. The units that would be most impacted by passing trains on the adjacent JPB railway property would be buffered by a hallway access to the units so that balconies for these units would face the central courtyard. 8.The amount and arrangement of open space are appropriate to the design and the function of the structures. A minimum of 20% (20,994 square feet) of the lot area must be developed as permanently maintained usable open space, measured on the ground floor only. The proposed project would include approximately 23.5% (26,556 square feet) of the site as usable open space. Each unit would (with the exception of two units) have a private balcony of at least 50 square feet. Although PAMC Section 18.13.040 generally requires at least 50 sq. ft. of private open space per unit, PAMC Section 18.13.040(e)(2)(B) allows the 50 sq. ft. per unit to be added to the common usable open space. Proposed at 16,636 sq. ft., the amount of common usable open space is well above the minimum required 4,200 sq. ft. of common usable open for all 84 dwelling units. The central courtyard would include landscaping and amenities such as benches for use by both visitors and occupants of the project. 9. Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the project’s design concept. This finding can be made in the affirmative 10 in that sufficient well-designed amenities are proposed in the project that would be compatible with the project design as described herein. 10.Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles. Vehicles will enter the site from Park Boulevard to access both the at-grade and below grade parking facilities. The project would include a warning device to alert pedestrians of cars exiting the parking garage. Bicyclists will have access to bicycle parking (both rack and lockers) in the courtyard. Each unit will have private storage in the below grade parking garage that also can be used for bike parking. Pedestrians may enter the site from the courtyard entrance on Park Boulevard or from the parking lot. Access is available to all floors via a staircase or elevators in the buildings interior. 12.The materials, textures, colors and details of construction and plant material are an appropriate expression of the design and function and are compatible with the adjacent and neighboring structures, landscape elements and functions. The building materials would include stucco and metal panels for the exterior walls. The interior of the courtyard would have decorative landscaping, interlocking pavers, decorative paving, and a fountain. A landscaped strip adjacent to the building would be located behind the sidewalk along both Page Mill Road and Park Boulevard. 13. The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable functional environment and whether the landscape concept depicts an appropriate unity with the various buildings on the site. The proposed landscaping for the project would bring plants, shrubs, and trees to a relatively barren site, and the landscape concept depicts an appropriate unity with the building on the site in that the amount or types of planting do not overwhelm, but support the building design as conditioned. 14.Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety, which would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance. The Planning Arborist has reviewed all plant materials, with final approval of street trees in the purview of the Public Works Department. The proposed water- conserving irrigation system and any final list of plant materials would be evaluated in conjunction with the building permit. 15.The design is energy efficient and incorporates renewable energy elements including but not limited to: The project is required to meet the City’s Green Building requirements. The project’s 11 sustainable design strategies include energy-efficient building systems and drought-tolerant plants. (ARB findings #4 and #11 would not apply to this project.) In conclusion, all of the applicable Architectural Review findings for Application 08PLN-00000-00295 can be made in the affirmative, subject to meeting the conditions of approval as modified by the ARB on July 7, 2011, and approved by the Director of Planning and Community Environment. SECTION 4.Tentative Map Approval Conditions.Tentative Map application 10PLN-00344 is granted by the City Council under Palo Alto Municipal Code (“PAMC”) Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval herein, to allow for 84 residential condominiums on the second and third floor of the three story mixed use building, with associated common areas for residential use, and easements allowing for residential site access, utilities and structure within the ground floor, subterranean garage, and use of the interior courtyard and parking area. A copy of this Tentative Map is on file in the Department of Planning and Community Environment. Conditions of Tentative Map approval are as follows: PUBLIC WORKS ENGINEERING SERVICES CONDITIONS 1.The applicant shall remove and replace the sidewalk, curb, and gutter along the project’s frontages.In addition, the applicant shall resurface the street frontages of the project, full-width, 2- inch grind and overlay. These improvements shall be shown on the off- site improvement plans and reviewed and approved prior to the approval of the final map. 2.No grading or building permits shall be issued prior to the recordation of the final map and subdivision agreement. 3.A Grading and Excavation Permit issued by the CPA Building Inspection Division is required for the proposed project.Any grading permit issued in conjunction with a phased project implementation plan will only authorize grading and storm drain improvements.Other site utilities may be shown on the grading plan for reference only, and should be so noted.No utility infrastructure should be shown inside the building footprint.Installation of these other utilities will be approved as part of a subsequent Building Permit application. 4.The proposed development will result in a change in the impervious area of the property.The applicant shall provide calculations showing the adjusted impervious area with the building permit application.A Storm Drainage Fee adjustment on the applicant’s monthly City utility bill will take place in the month following the final approval of the construction by the Building 12 Inspection Division.The impervious area calculation sheets and instructions are available from Public Works Engineering. 5.Any and all easements required for utility or other purposes shall be shown on the tentative map. 6.The applicant is required to paint the “No Dumping/Flows to Matadero Creek” logo in blue color on a white background, adjacent to all storm drain inlets.Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598.A deposit may be required to secure the return of the stencil.Include the instruction to paint the logos on the construction grading and drainage plan. Include maintenance of these logos in the Hazardous Materials Management Plan,if such a plan is part of this project. 7.A construction logistics plan shall be provided, addressing at minimum parking, truck routes and staging, materials storage, and the provision of pedestrian and vehicular traffic adjacent to the construction site.All truck routes shall conform with the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map which outlines truck routes available throughout the City of Palo Alto. A handout describing these and other requirements for a construction logistics plan is available from Public Works Engineering. 8.The applicant shall obtain a Street Work Permit from Public Works Engineering for pedestrian protection on the public sidewalk and or construction proposed in the City right-of-way.Sec. 12.08.010.A detailed site-specific soil report prepared by a licensed soils or geo-technical engineer must be submitted which includes information on water table and basement construction issues.This report shall identify the current groundwater level, if encountered, and by using this and other available information, as well as professional experience, the engineer shall estimate the highest projected ground- water level likely to be encountered in the future.Measures must be undertaken to render the basement waterproof and able to withstand all projected hydrostatic and soil pressures.No pumping of ground water is allowed.In general, however, Public Works Engineering recommends that structures be constructed in such a way that they do not penetrate existing or projected ground water levels. 9.No storage of construction materials is permitted in the street or on the sidewalk without prior approval of Public Works Engineering. 10.The developer shall require its contractor to incorporate best management practices (BMP's) for stormwater pollution prevention in all construction operations, in conformance with the Storm Water Pollution Prevention Plan prepared for the project. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, 13 paint, chemicals, etc.) or other waste materials into gutters or storm drains. (PAMC Chapter 16.09). 11.All construction within the City right-of-way, easements or other property under City jurisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. 12.The Public Works Inspector shall sign off the building permit prior to the finalization of this permit.All off-site improvements shall be finished prior to this sign-off.Similarly, all as-builts, on-site grading, drainage and post-developments BMP’s shall be completed prior to sign-off. 13.A curb ramp for the disabled will be required at each project corner. 14.A Subdivision Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite.No grading or building permits will be issued until Final or Parcel Map is recorded with County Recorder. 15.The subdivider shall post a bond prior to the recording of the final parcel or subdivision map to guarantee the completion of the “on” and “off” site condition(s) of approval. The amount of the bond shall be determined by staff of the Planning, Utilities and Public Works Departments. 16.The project subdivision includes significant complexity involving, final map and coordination of infrastructure design and construction.Developer shall appoint a Project Manager to coordinate with City, Public Works and Utility, engineering staff.Public Works will conduct daily and longer-term communication with appointed project manager in order to facilitate timely review and approval of design and construction matters. 17.DEWATERING: Basement excavations may require dewatering during construction.Public Works only allows groundwater drawdown well dewatering.Open pit groundwater dewatering is disallowed. Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system.The geotechnical report for this site must list the highest anticipated groundwater level.We recommend a piezometer to be installed in the soil boring. The contractor must determine the depth to groundwater immediately prior to excavation by using the piezometer or by drilling an exploratory hole if the deepest excavation will be within 3 feet of the highest anticipated groundwater level.If groundwater is within 3 feet of the deepest excavation, a drawdown well dewatering system must be used, or alternatively, the contractor can excavate for the basement and hope not to hit groundwater, but if he does, he must immediately stop all work and install a drawdown well system before he continues to excavate.Public Works may require the water to be tested for contaminants prior to initial discharge and at intervals 14 during dewatering.If testing is required, the contractor must retain an independent testing firm to test the discharge water for the contaminants Public Works specifies and submit the results to Public Works. Public Works reviews and approves dewatering plans as part of a Permit for Construction in the Public Street (“street work permit”).The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering.Public Works has a standard dewatering plan sheet that can be used for this purpose and dewatering guidelines are available on Public Works’ website. http://www.cityofpaloalto.org/civica/filebank/blobdload.asp?BlobID=272 6. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. PLANNING AND COMMUNITY ENVIRONMENT CONDITIONS. 18.The applicant has requested two concessions from the City under the State Density Bonus Law. Prior to approval of the Final Map, Applicant must comply with State Density Bonus Law and the City’s Below Market Rate Housing Ordinance, as applicable, by deed restricting 20%, or 17, of the approved housing units to be affordable in accordance with City regulations and GC 65915-918. This deed restriction shall be in a form acceptable to the City and an agreement to that effect shall be recorded in conjunction with recording of the Final Map. 19.The applicant shall fund and implement a 139’ left turn stacking lane as shown and approved in conjunction with the Architectural Review project plans. SECTION 5.Final Map Approval. The Final Map submitted for review and approval by the City Council of the City of Palo Alto shall be in substantial conformance with the Tentative Map prepared by Mission Engineers, Inc. titled “Tentative Map for Park Plaza for 50,467 square feet of Research & Development Space and 84 Residential Condominium Units” consisting of one page, dated August _, 2011 and received on August __, 2011 (title recently changed from “Tentative Map for Park Plaza for R&D Purposes and Residential Condominium Purposes” dated 9-27-10 map received October 5, 2010), except as modified to incorporate the conditions of approval in Section 4. Within two years of the approval date of the Tentative Map, 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 Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.010[a]). 15 SECTION 6.Architectural Review Approval.The Architectural Review application for a new 3-story mixed-use building (Park Plaza) and associated on-site and off-site improvements, as recommended by the Architectural Review Board and approved on July 12, 2011 by the Director of Planning and Community Environment, includes the granting of two concessions pursuant to California Government Code Section 65915-65918: (1) to allow residential use in GM ‘General Manufacturing’ zone, and (2) to exceed the allowable FAR.The Architectural Review project is 84 residential units in 106,320 square feet of floor area on the 2nd and 3rd floors, including 17 below market rate residential units, plus lobbies, an outdoor deck and a pool area; parking facilities located within a subterranean garage providing 276 automobile spaces and 87 class I bicycle storage lockers, and uncovered parking spaces at the first floor level providing 17 vehicles and 9 vehicles in “landscape reserve” for future use as needed and bicycle parking (# class I lockers and # racks); and 50,467 square feet of first floor area for research and development use. The plans submitted for Building Permit shall be in substantial conformance with those plans prepared by Hoover Associates titled “Park Plaza 2865 Park Blvd. 195 Page Mill Road”, dated June 28, 2011, reviewed by the Architectural Review Board, except as modified to incorporate the conditions of approval in this Record of Land Use Action. A copy of these plans is on file in the Department of Planning and Community Development. The conditions of approval in Section 7 shall be printed on the cover sheet of the plan set submitted with the Building Permit application. SECTION 7. Architectural Review Approval Conditions. PLANNING AND COMMUNITY ENVIRONMENT CONDITIONS Planning Division 1.The plans submitted for building permit shall reflect changes to the plans dated June 28, 2011, presented to the ARB on July 7, 2011 and further conditioned with ARB approval as follows: (A)The ALT drawings in the plan set reviewed by the ARB on July 7, 2011 (reflecting the alternate tower design) shall be removed from plans submitted for building permit. (B)As shown in the June 28, 2011 plan set conditionally approved by ARB on July 7, 2011, colors shall be mocked up (brush-out sample areas) on the building following construction for ARB subcommittee review (arranged by the ARB liaison following contact by the applicant that the mockup is in place). (C) The accent wall parapets shall have 24” returns. (D)Sun shades shall be provided on upper floor residential windows on three sides (Park Blvd, Page Mill Road, and side facing the adjacent parcel (Akins). (E)The Planting Plan (Plan Sheet L2.1) shall indicate V-1 vine species as ‘Pink Jasmine’ per applicant’s July 6, 2011 letter 16 reviewed by the ARB. (F)Prior to building permit submittal, the applicant shall submit the following details for ARB subcommittee review: i. The upper floor window sunshade details; ii. The light fixture cut sheets and locations; iii. Fence details; iv.Perspective views of the tower from both street frontages with tower lid details to ensure design integrity on all four sides of the tower 2.Additional Conditions regarding R&D space and air quality testing: a. Biological materials within the R&D space shall be restricted to Biological Level One (non-infectious) materials; no Biological Level Two through Four biological materials shall be permitted within the R&D space and tenant lease(s) shall reflect this prohibition; b. Applicant or applicant’s successor shall implement the proposed collection of baseline samples of air quality on a one-time basis on all four floors (basement and above grade floors) of the project, not later than 90 days following final inspection approval for the project, to the Planning Director, along with a report from a qualified environmental consultant comparing the results with required State or Federal standards, whichever is applicable. If any sample indicates violation of applicable air quality standards, remedial measures must be taken to correct the violation accordingly prior to occupancy of any residential unit. 3.The project is required to comply with PAMC 16.14 for green building. Building permit plans shall include compliance with the Multifamily Greenpoint Rated Checklist for the residential portion of the project and the California Green Building Code Checklist –as locally amended to require Tier 2 –for the R&D portion of the project. 4.The project is required to comply with PAMC 16.12.030 for recycled water infrastructure. Building permit plans shall include the on-site infrastructure necessary to connect the site’s irrigation system to the city’s recycled water supply when it becomes available. Plans shall demonstrate that recycled water will be used when available, and include consideration for plants that are recycled water tolerant. 5.The project at 195 Page Mill Road has over 100 toilets, which triggers the City’s requirement to install dual-plumbing for toilet flushing, in addition to the use of recycled water in the landscape. Please visit the following link for more information on the recycled water ordinance. www.cityofpaloalto.org/les 6.Conditions related to the pending application for Tentative Map may be added to this development project in conjunction with Council action on the Tentative Map. Generally, Final Map approval 17 and recordation must be completed prior to the issuance of building permits. 7.If during excavation and construction activities, any archaeological or human remains are encountered, construction shall cease and the Santa Clara County Medical Examiner’s office shall be notified to provide proper direction on how to proceed. If any Native American resources are encountered during construction, construction shall cease immediately until a Native American descendant, appointed by the Native American Heritage Commission of the State of California, is able to evaluate the site and make further recommendations and be involved in mitigation planning. 8.To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City Council, its officers, employees, consultants and agents (the “indemnified parties) from 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 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. 9.Development Impact Fees in the estimated amount of $3,513,669.00 (includes parkland dedication in-lieu fee associated with condominiums contingent upon Council approval of proposed Tentative Map) shall be paid prior to building permit issuance. This amount includes $2,934,231.07 for parkland dedication in-lieu fee (given the condominium proposal rather than rental units –this fee is paid instead of the parks fee), $142,864.93 for community center fees, $45,276.00 for library fees and $391,297 for the Citywide transportation impact fee (TIF). The fee estimates were based on an assumption of an existing commercial building at 50,467 square feet which had existed on the property until 2007, resulting in no requirement for housing fees and no additional associated parks, community center, library fees, nor Citywide TIF for the commercial portion of the project. The final fee amount will be determined based upon impact fee rates in place at the time of building permit issuance. 10.The following mitigation measures specified in the adopte Mitigated Negative Declaration shall be followed: MM-1: Implementation of ARB Recommendations Any Architectural Review conditions of approval, with respect to the design of the proposed project, shall be incorporated into the final design by the applicant. 18 MM-2: Indoor Air Filtration A central HVAC (heating, ventilation and air conditioning) shall be installed that includes high efficiency filters for particulates (MERV-13 or higher). The system should operate to maintain positive pressure within the building interior to prevent infiltration of outdoor air indoors. MM-3: Protection of Nesting Birds The applicant shall abide by all provisions of Sections 3503 and 3503.5 of the State Fish and Game Code and Migratory Bird Treaty Act of 1918 (MBTA) as published in the Federal Register (Vol. 70, No. 49; March 15, 2005). Although there is no vegetation on the project site that may contain nesting birds, there may be nesting birds in existing vegetation abutting the proposed project site (e.g., in the Caltrain property). To protect any nesting birds, the proposed project may avoid construction during the nesting period. Alternatively, a qualified wildlife biologist (to be hired by the applicant) shall conduct a survey for nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code in the vicinity of the project site. This survey shall cover all areas that would be disturbed as a result of construction related activities during the nesting period, and shall include a “buffer zone” (an area of potential sensitivity, beyond the bounds of the proposed project construction area) which shall be determined by the biologist based on his or her professional judgment and experience. This buffer zone may include off-site habitat. This biological survey shall be conducted no more than 14 days prior to the commencement of construction activities. The wildlife biologist shall provide a report to the City promptly, detailing the findings of the survey. No construction shall be conducted until this report has been provided to the City and the City has authorized in writing the commencement of construction activities in accord with the biologist’s findings. If nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code are discovered within the buffer zone, the report shall specify the locations of the nests and shall establish an appropriate construction buffer zone around the nest location(s). Nests containing birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code discovered on site or at off-site locations shall not be disturbed, and construction shall not occur within the appropriate construction buffer zone until a qualified wildlife biologist determines that the young have fledged and left the nest. 19 MM-4: Protocol for Management of On-site Contamination a)A formal dewatering plan (Construction Dewatering Contingency Plan) shall be prepared, consistent with Mitigation Measure MM-6 in Section VIII, Hydrology and Water Quality of this Initial Study and consistent with the City’s Construction Dewatering System Plan Preparation Guidelines and Dewatering from Construction Sites and In-ground Utilities Maintenance Manual. This plan shall be prepared and submitted for final approval by the City’s Public Works Department prior to issuance of City permits. The applicant shall provide information in the plan regarding the lateral and vertical distances to existing groundwater contamination plumes and an analysis of the potential impacts to those plumes caused by construction activity on the project property, including the use of dewatering sumps or wells under the proposed underground parking structure. Prior to submission to the City, this information shall be submitted to the RWQCB for approval that the proposed work on the subject property, including any use of dewatering sumps or dewatering wells would not have an adverse impact on the current and future cleanup effort of the HP-Varian or COE plumes. The approval shall be submitted to the City’s Public Works Department with the plan and shall verify that dewatering sumps or dewatering wells, if proposed, would not alter the path of the groundwater contamination plume(s) and could not result in 1)bringing groundwater contamination to the project site or 2)a possible future exposure of the public on the project site to groundwater contaminants. The plan shall identify testing and analysis methods, and treatment, if necessary, for disposal into the storm drain system to ensure compliance with the City’s Municipal NPDES permit. Sufficient personnel and material shall be provided by the applicant to implement the plan, should groundwater be encountered by the excavation. b)The applicant shall provide ready access to the project site for the City Building Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, to inspect and enforce implementation of the Soil Management Plan prepared by Tucker Engineering addressing the procedures and precautions to be used for the proper containment, profiling, movement, exportation of soil, etc. during the excavation and construction period. 20 c)The applicant shall provide ready access to the project site for the third party inspection service, which would report to the City and be financed by the applicant to inspect and enforce implementation of the Remedial Risk Management Plan (RRMP), including implementation of the Site Health and Safety Plan; contaminated soil sampling, excavation, and management; the dewatering contingency plan; reporting requirements; land use covenant and environmental restrictions; long term monitoring, inspections, contingencies, and enforcement. d)The applicant shall file documentation with the RWQCB, the third party inspection service reporting to the City and financed by the applicant, and the City for final approval of the completion of the excavation, including soil sampling results within 60 days following the completion of excavation. e)Prior to issuance of the occupancy permit the applicant shall file documentation from an independent consultant specializing in vapor mitigation system design and installation for final approval by the third party inspection service reporting to the City and financed by the applicant confirming that each component (collection pipes, transmission pipes, inlets, risers, vents, etc.) of the vapor intrusion mitigation system (VIMS) has been installed in accordance with the recommendations of the Vapor Mitigation System and Monitoring Plan, and includes the installation of a full vapor barrier, which shall be a 60-mil thick, spray-applied membrane below the elevator shafts, stairwells, pipe chases, and entire floor-slab, as part of the active vapor collection and venting system (i.e., driven by electric fans at the effluent end of the VIMS riser pipes and enhanced by outside air entering through inlet vents) to be installed in the building to mitigate potential soil vapor intrusion. f)The applicant shall file documentation with the RWQCB and the City for final approval by the third party inspection service reporting to the City and financed by the applicant of installation of the VIMS, initial garage air sampling results, and the startup sub-slab vapor-riser monitoring results, with vapor-riser monitoring reports submitted as required by the RRMP, within 60 days following the completion of building construction. g)The applicant shall comply with contingencies regarding vapor monitoring to protect against potential vapor 21 intrusion which would involve additional remediation if the results of the first six (monthly) monitoring events indicate any cause for concern. If the VIMS is operating correctly, monitoring would continue quarterly until vapor concentrations were reduced to 50 percent of the RWQCB ESLs and annually thereafter. If the third party inspection service determines that the VIMS is not functioning adequately, the system is required to be redesigned (under the supervision of the third party inspection service) for more effective removal of VOCs. Monitoring would continue until VOC concentrations were demonstrated to be maintained below the commercial ESLs, as recommended by the RWQCB. h)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the storage and use of hazardous materials within their space would not exceed the limits set by Tables 2703.1.1(1), (2), and (3) Maximum Allowable Quantity Per Control Area of Hazardous Materials Posing a Physical Hazard, 2010 California Fire Code, Title 24, Part 9, Chapter 27, Section 2703.1.1. The space for each R&D tenant proposing to use hazardous materials shall be constructed as a separate compartment with one-hour rated walls, protected common openings, and separate ventilation systems. i)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the tenant shall comply with the City’s Hazardous Materials Reporting Requirements and shall prepare and file with the Fire Department, as appropriate, a Hazardous Materials Management Plan or a Hazardous Materials Inventory Statement providing sufficient information on how and where hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. j)Monitoring wells encountered during site preparation or excavation shall be reported immediately to the RWQCB for its decision regarding proper abandonment or abandonment and replacement by the applicant. Work shall stop in proximity to the well(s) until the decision of the RWQCB is implemented. The applicant shall file documentation with the RWQCB and the City for final approval by the City Building Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features 22 during project construction at sites with contaminated soil and groundwater,of proper abandonment or abandonment and replacement of any affected wells. MM-5: Grading and Drainage Plan The applicant shall submit a final grading and drainage plan for the proposed project, for City approval prior to the issuance of a grading, excavation, or building permit. This grading and drainage plan shall comply with Engineering Design Standards for storm drain facilities, shall be designed to convey the 10-year storm flow, and shall reflect the recommendations of the Joe Crosby and Associates Geotechnical Report, dated May 10, 2004. MM-6: Construction Dewatering Plan A construction dewatering plan shall be prepared consistent with Chapter 33 of the 2007 California Building Code, and shall be submitted to the City in association with all proposed sub-grade garage excavation activities prior to issuance of a grading, excavation or building permit. The applicant shall include the dewatering plan in the permit plan set submitted for approvals for any excavation activities on the project site. The plan shall provide a system that would remove silt and other pollutants from this water and place clean water into the City storm drain system. The applicant shall secure current data on the depth to groundwater immediately prior to excavation by using piezometers, or by drilling exploratory holes, if the deepest excavation would be less than four feet above the highest anticipated groundwater level. Should dewatering be necessary (i.e., if excavation would occur within four feet above the highest anticipated groundwater level and the piezometer investigation revealed the presence of free groundwater within four feet above that highest anticipated groundwater level), the applicant shall secure City permits associated with the placement of dewatering equipment or actual dewatering and excavation activities on the project site or the abutting public right- of-way prior to beginning excavation. Upon installation, the dewatering system shall reflect BMPs that ensure the water discharged would be of appropriate quality. The installation shall be approved by a City field inspector prior to the commencement of construction water discharge to the storm drain. Extracted groundwater shall be tested for contaminants prior to initial discharge and at intervals during dewatering. Testing shall be performed by an independent testing firm hired by the Building Official, at the owner's expense. Any dewatering to occur in the public right-of-way shall be 23 subject to review and approval by the City of Palo Alto Public Works Department. MM-7: Indoor Noise Minimization The project shall include design features as specified in the project noise assessment to reduce the indoor noise levels to meet the interior noise standards prescribed by the City of Palo Alto Comprehensive Plan Policy N-39. MM-8: Pedestrian Warning System A vehicle exiting/pedestrian warning system shall be installed for the underground parking garage driveway to eliminate potential conflicts between vehicles and pedestrians/bicyclists. MM-9: Transportation Demand Management Plan A Transportation Demand Management Plan (TDM) program shall be implemented as approved by the Director of Planning and Community Environment. The TDM shall be submitted for review and approval prior to issuance of building permits and shall include a shared parking analysis based on the number of assigned parking spaces, and may incorporate (but shall not be limited to) such features as: developer-sponsored subsidized transit passes for residents and employees, a transportation coordinator, convenient displays of alternative travel options, and unbundling of parking, if such features are determined to be adequately effective by the Director of Planning and Community Environment in reducing parking demand. The TDM program shall be subject to further review after building occupancy pursuant to PAMC 18.52.050(d)(3) and (4). Housing Condition 11.Applicant has requested two concessions from the City under the State Density Bonus Law. Prior to approval of the Tentative Map, Applicant must comply with State Density Bonus Law and the City’s Below Market Rate Housing Ordinance, as applicable, by deed restricting 20%, or 17, of the approved housing units to be affordable pursuant to State law and City below-market rate policy. This deed restriction shall be in a form acceptable to the City and an agreement to that effect shall be recorded in conjunction with recording of the Final Map. Transportation Division 12.The plans, ‘Exhibit A,’ include public street improvement plans which are to be funded and implemented by the owner in conjunction with this project, and shall be completed prior to final occupancy approval. 24 13.The short term (plaza level) bicycle racks should be inverted-U type racks, or other approved by transportation staff. 14. The new curb shown would be acceptable. (Maintain 5 foot bike lane and 10.5 foot travel lanes throughout frontage). 15. Accessible parking spaces shall be 18 feet long. 16. Parking spaces that are adjacent to walls have a minimum width requirement of 9’-0”. A substandard stall, especially without the additional backup space would not be acceptable toward the parking requirement. The City of Palo Alto no longer allows new spaces to be designated for compact cars. 17.The following measures shall be incorporated during construction: ·All active construction areas shall be watered at least twice daily. ·All trucks hauling soil, sand, and loose materials shall be covered or shall retain at least two feet of freeboard. ·All paved access roads, parking areas, and staging areas at the construction site shall be swept and watered daily. ·A plan shall be submitted for the recovery/recycling of demolition waste and debris before the issuance of a demolition permit. ·Streets shall be swept daily if visible soil material is carried onto adjacent public streets. ·The approved Logistics Plan for work in the right-of-way shall be strictly followed. ·Qualified contractors should be used to identify and properly dispose ACM and lead-based paint materials if encountered. Planning Arborist Landscape Plans 18.The building permit plan set shall include a detailed landscape and irrigation plan encompassing on-and off-site plantable areas out to the curb as approved by the Architectural Review Board.A Landscape Water Use statement, water use calculations and a statement of design intent shall be submitted for the project.A licensed landscape architect and qualified irrigation consultant will prepare these plans, to include: (a) All existing trees (if applicable) identified both to be retained and removed including street trees. (b) Complete plant list indicating tree and plant species, quantity, size, and locations. (c)Irrigation schedule and plan. (d)Fence locations. (e) Lighting plan with photometric data. (f) Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. (g) All new trees planted within 25 the public right-of-way shall be installed per Public Works (PW) Standard Planting Diagram #603 or 604 (include on plans), and shall have a tree pit dug at least twice the diameter of the root ball. (h) Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. (i) Automatic irrigation shall be provided to all trees.For trees, PW Detail #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. Bubblers shall not be mounted inside an aeration tube.The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards. Irrigation in the right-of-way requires a street work permit per CPA Public Works standards. (j) The Landscape Plan shall ensure the backflow device is adequately obscured with the appropriate screening to minimize visibility (planted shrubbery is preferred, painted dark green, decorative boulder covering acceptable; wire cages are discouraged). 19.Mandatory Landscape Architect (LA) Inspection Verification to the City: The LA of record shall verify the performance measurements are achieved with a separate letter of verification to City Planning staff, in addition to owner’s representative for the following: Tree and Shrub Planting Specifications, including delivered stock, meets Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling roots and previously topped trees are subject to rejection. 20.The groundcover species in the planter strips, where star jasmines and geranium varieties are proposed shall be replaced with a variety of carpet rose plants. During Construction 21.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. 22.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. 26 Prior to Occupancy 23.LANDSCAPE INSPECTION. The Planning Department shall be in receipt of written verification that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. 24.PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact the city planner (650-329-2441) to inspect and verify Special Conditions relating to the conditions for structures, fixtures, colors and site plan accessories. Post Construction 25. MAINTENANCE.All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-2001 or current version).Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. PUBLIC WORKS -OPERATIONS TREES 26.Page Mill Road and Park Boulevard: Utilize city-approved Silva Cell soil planter (approx. 30-inch depth) beneath the new sidewalk from corner to corner. Utilities shall be allowed to pass thru the planters. Provide automatic irrigation using a solar smart controller with two bubblers per tree. Utilize Public Works Planting Detail #604. Beneath each tree planting site, auger two 4-6” diameter drain holes 3 ft deep below the bottom of the planter basin soil and backfill with medium sand (0.25 to 0.5 mm) or fine gravel. 27.For the Park Boulevard frontage, the proposed landscape plan shall be revised to show: (1) five 24-inch box Hornbeam trees in place of the five Australian Willow trees, and (2) the planting locations of the proposed two London Plane (‘Columbia’ variety rather than ‘Yarwood’) street trees closest to the adjacent property at 3845 Park Boulevard shall be shifted one foot further back from the curb (this may require a slight modification to the sidewalk design to accommodate sufficient planting areas for the ne street trees). 28.Provide automatic irrigation using a solar smart controller with two bubblers per tree. Utilize Public Works Planting Detail #604. Beneath each tree planting site, auger two 4-6” diameter drain holes 3ft deep below the bottom of the planter basin soil and backfill with medium sand (0.25 to 0.5 mm) or fine gravel. Automatic irrigation shall be provided to all street trees utilizing PW Detail #513. 27 29.The final landscape and irrigation shall be subject to review and approval by the Public Works Operation Division prior to issuance of building permits. PUBLIC WORKS ENGINEERING SERVICES 30. OFFSITE PUBLIC IMPROVEMENTS: The City will determine which offsite public improvements will be required for this project, potentially including, but not limited to: new utility services; new sidewalk, curb, gutter, planter strip and street trees; grinding, repaving, reconfiguring and restriping the full width of the City streets adjacent to the site; and street signage. Special sidewalk treatments must be approved by Public Works. The offsite improvement plans must be submitted to Public Works for review. Construction of the offsite public improvements will be authorized by a Street Work Permit. 31.BONDS: The developer shall post performance and payment bonds prior to the issuance of the Street Work Permit for the offsite public improvements. The developer shall submit a cost estimate of the offsite improvements, which the City will review and use to determine the acceptable dollar amount of the bonds. 32.BASEMENT DRAINAGE: Due to high groundwater throughout much of the City and Public Works prohibiting the pumping and discharging of groundwater, perforated pipe drainage systems at the exterior of the basement walls or under the slab are not allowed for this site. Public Works recommends a waterproofing consultant be retained to design and inspect the vapor barrier and waterproofing systems for the basement. 33.BASEMENT SHORING: Shoring for the basement excavation, including tiebacks, must not extend onto adjacent private property or into the City right-of-way without having first obtained written permission from the private property owners and/or an encroachment permit from Public Works. Public Works will not allow any of the shoring system to remain in the public right-of-way after construction is complete except tiebacks. 34.DEWATERING: Basement excavations may require dewatering during construction.Public Works only allows groundwater drawdown well dewatering.Open pit groundwater dewatering is disallowed.Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level.We recommend a piezometer to be installed in the soil boring. The contractor must determine the depth to groundwater immediately prior to excavation by using the piezometer or by drilling an exploratory hole if the 28 deepest excavation will be within 3 feet of the highest anticipated groundwater level. If groundwater is within 3 feet of the deepest excavation, a drawdown well dewatering system must be used, or alternatively, the contractor can excavate for the basement and hope not to hit groundwater, but if he does, he must immediately stop all work and install a drawdown well system before he continues to excavate.Public Works may require the water to be tested for contaminants prior to initial discharge and at intervals during dewatering.If testing is required, the contractor must retain an independent testing firm to test the discharge water for the contaminants Public Works specifies and submit the results to Public Works. (A)Public Works reviews and approves dewatering plans as part of a Permit for Construction in the Public Street (“street work permit”).The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering.Public Works has a standard dewatering plan sheet that can be used for this purpose and dewatering guidelines are available on Public Works’ website. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. 35.GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a licensed professional that demonstrates proper drainage of the site. Additionally, if the applicant will be connecting onsite storm drains to the city’s storm drain system, he must provide calculations demonstrating that post-development discharge of run-off will be no more than pre-development runoff, otherwise, he may be required to provide onsite detention. 36.GRADING PERMIT: The site plan must include a table providing the cubic yardage of dirt being cut and filled outside of the building footprint. If the total is more than 100 cubic yards, a grading permit will be required. An application and plans for a grading permit are submitted to Public Works separately from the building permit plan set. The application and guidelines are available at the Development Center and on our website. 37. SWPPP:The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, preparing and implementing a site specific storm water pollution prevention plan (SWPPP) that addresses construction- stage BMP’s for storm water quality protection, and conducting 29 monitoring and sampling of storm water and non-storm water discharges from the site during construction per the requirements of the General Permit. Effective, September 2, 2011, the SWPPP shall be implemented by a Qualified SWPPP Practitioner (QSP) retained by the applicant. 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. Also, include the City's standard "Pollution Prevention -It's Part of the Plan" sheet in the building permit plan set. Copies are available from Public Works at the Development Center. 38.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. 39.C.3: This project will trigger the California Regional Water Quality Control Board’s revised provision C.3 for storm water regulations (incorporated into the Palo Alto Municipal Code, Section 16.11) that apply to land development projects that create or replace 10,000 square feet or more of impervious surface. The City’s regulations require that the project incorporate a set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality. The applicant will be required to identify, size, design and incorporate permanent storm water pollution prevention measures (preferably landscape-based treatment controls such as biotreatment planters, bioswales, filter strips, and permeable pavers rather than mechanical devices that require long-term maintenance) to treat the runoff from a specified “water quality storm” prior to discharge to the municipal storm drain system. If the project does not receive its final discretionary approval from the City prior to December 1, 2011, the applicant must also comply with the Low Impact Development (LID) requirements for storm water treatment, as specified in Palo Alto Municipal Code Section 16.11.030(c). Prior to the issuance of a building permit, the applicant shall submit a certification by a qualified third party reviewer acceptable to the City that the design of the project complies with the requirements of Palo Alto Municipal Code Chapter 16.11. Within 45 days of installation of the required storm water treatment measures, a qualified third party reviewer acceptable to the City shall provide written certification that the treatment measures are constructed or installed in accordance with the approved plans. The applicant must designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City. No final occupancy permit shall be 30 issued until such third party certification and maintenance agreement are provided to Public Works Engineering. The City will inspect the treatment measures yearly and charge an inspection fee. There is currently a $350 C.3 plan check fee that will be collected upon submittal for a grading or building permit. 40.AS-BUILTS: At the conclusion of the project, applicant shall provide digital as-built plans of all improvements constructed in the public right-of-way or easements in which the City owns an interest. A digital copy of the subdivision map shall also be provided. All files should be delivered in AutoCad drawing format. For each CD delivery, a simple digital text file will need to accompany the files. This is called a Metadata file and will include the date of the file, the coordinates used, the source of the data, the company name and contact information, along with the technician who prepared them. 41.BUILDING PERMIT SIGN-OFF: The Public Works Inspector shall sign-off the building permit. Activities that must be completed prior to this sign-off include: 1) all off-site improvements, 2) all on-site grading and storm drain improvements, 3) all post-construction storm water pollution control measures (including third-party certification [within 45 days of installation] that the measures are installed in accordance with the approved plans), 4) entering into and recording a maintenance agreement for the C.3 measures, and 5) submittal of as-built record drawings for improvements in the public right-of-way. PUBLIC WORKS WATER QUALITY ENVIRONMENTAL COMPLIANCE 42.(PAMC 16.09.170, 16.09.040 Discharge of Groundwater). The project is located in an area of suspected or known groundwater contamination with Volatile Organic Compounds (VOCs). If groundwater is encountered then the plans must include the following procedure for construction dewatering: Prior to discharge of any water from construction dewatering, the water shall be tested for volatile organic compounds (VOCs) using EPA Method 601/602 or Method 624. The analytical results of the VOC testing shall be transmitted to the Regional Water Quality Control Plant (RWQCP) 650-329-2598. Contaminated ground water that exceeds state or federal requirements for discharge to navigable waters may not be discharged to the storm drain system or creeks.If the concentrations of pollutants exceed the applicable limits for discharge to the storm drain system then an Exceptional Discharge Permit must be obtained from the RWQCP prior to discharge to the sanitary sewer system. If the VOC concentrations exceed the toxic organics discharge limits contained in the Palo Alto Municipal Code (16.09.040(m)) a 31 treatment system for removal of VOCs will also be required prior to discharge to the sanitary sewer. Additionally, any water discharged to the sanitary sewer system or storm drain system must be free of sediment. 43.(PAMC 16.09.180(b)(11) Carwash Required). New Multi-family residential units and residential development projects with 25 or more units shall provide a covered area for occupants to wash their vehicles. A drain shall be installed to capture all vehicle wash waters and shall be connected to an oil/water separator prior to discharge to the sanitary sewer system. The oil/water separator shall be cleaned at a frequency of at least once every six months or more frequently if recommended by the manufacturer or the Superintendent. Oil/water separators shall have a minimum capacity of 100 gallons. The area shall be graded or bermed in such a manner as to prevent the discharge of storm water to the sanitary sewer system. 44.(PAMC 16.09.080 Industrial Waste Discharge Permit). Industrial dischargers must submit an application for an industrial waste discharge permit no later than sixty days in advance of commencing discharge. 45.(PAMC 16.09.180(b)(9) Covered Parking). Drain plumbing for parking garage floor drains must be connected to an oil/water separator with a minimum capacity of 100 gallons, and to the sanitary sewer system 46.(PAMC 16.09.180(b)(10) Dumpsters for New and Remodeled Facilities). New buildings and residential developments providing centralized solid waste collection, except for single-family and duplex residences, shall provide a covered area for a dumpster. The area shall be adequately sized for all waste streams and designed with grading or a berm system to prevent water runon and runoff from the area. 47.(PAMC 16.09.180(b)(14) Architectural Copper). On and after January 1, 2003, copper metal roofing, copper metal gutters, copper metal down spouts, and copper granule containing asphalt shingles shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. Replacement roofing, gutters and downspouts on historic structures are exempt, provided that the roofing material used shall be prepatinated at the factory. For the purposes of this exemption, the definition of "historic" shall be limited to structures designated as Category 1 or Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report and Inventory. 32 48.(PAMC 16.09.175(k) (2) Loading Docks). (i)Loading dock drains to the storm drain system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy season and during periods of loading dock operation. (ii) Where chemicals, hazardous materials, grease, oil, or waste products are handled or used within the loading dock area, a drain to the storm drain system shall not be allowed. A drain to the sanitary sewer system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy season and during periods of loading dock operation. The area in which the drain is located shall be covered or protected from rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the Superintendent shall be provided for all rainwater contacting the loading dock site. 49.(PAMC 16.09.180(b)(5) Condensate from HVAC). Condensate lines shall not be connected or allowed to drain to the storm drain system. 50.(PAMC 16.09.205 Cooling Towers). No person shall discharge or add to the sanitary sewer system or storm drain system, or add to a cooling system, pool, spa, fountain, boiler or heat exchanger, any substance that contains any of the following: (1) Copper in excess of 2.0 mg/liter; (2) Any tri-butyl tin compound in excess of 0.10 mg/liter; (3) Chromium in excess of 2.0 mg/liter. (4) Zinc in excess of 2.0 mg/liter; or (5) Molybdenum in excess of 2.0 mg/liter. The above limits shall apply to any of the above-listed substances prior to dilution with the cooling system, pool, spa or fountain water. A flow meter shall be installed to measure the volume of blowdown water from the new cooling tower. Cooling systems discharging greater than 2,000 gallons per day are required to meet a copper discharge limit of 0.25 milligrams per liter. 51.(PAMC 16.09.180(b)(b) Copper Piping). Copper, copper alloys, lead and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical.The plans must specify that copper piping will not be used for wastewater plumbing. 33 52.(PAMC 16.09.175(j) Traps Below Laboratory Sinks). Sewer traps below laboratory sinks shall be made of glass or other approved transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be established by the Superintendent. In establishing the cleaning frequency, the Superintendent shall consider the recommendations of the facility. The Superintendent will grant an exception to this requirement for areas where mercury will not be used; provided, that in the event such an exception is granted and mercury is subsequently used in the area, the sink trap shall be retrofitted to meet this requirement prior to use of the mercury. 53.(PAMC 16.09.175(a) Floor Drains).Interior (indoor) floor drains to the sanitary sewer system may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, vehicle fluids or vehicle equipment cleaning wastewater are used or stored, unless secondary containment is provided for all such materials and equipment 54.(PAMC 16.09.175(i) Laboratory Sinks).Laboratory countertops and laboratory sinks shall be separated by a berm which prevents hazardous materials spilled on the countertop from draining to the sink. 55.(PAMC 16.09.180(b)(1) and 16.09.105 Segregated Plumbing and Sampling Locations). The owner of every new commercial and industrial building or portion thereof shall cause the building to be constructed so that industrial waste is segregated, by means of separate plumbing, from domestic waste prior to converging with other waste streams in the sanitary sewer system. For the purposes of this section only, the term "new" shall also include change to a use that requires plumbing for industrial waste. Establishments from which industrial wastes are discharged to the sanitary sewer system shall provide and maintain one or more sampling locations or metering devices or volume and flow measuring methodologies or other sampling and measuring points approved by the Superintendent which will allow the separate measuring and sampling of industrial and domestic wastes. Unless otherwise approved by the Superintendent, domestic and industrial waste shall be kept completely separated upstream of such sampling locations and/or measuring points. Establishments that are billed for sewer service on the basis of sewage effluent constituents shall provide a suitable means for sampling and/or measurement of flow to determine billing constituents in accordance with the utilities rules and requirements. Sampling locations shall be so located that they are safe and accessible to the Superintendent at any reasonable time during which discharge is occurring. 34 56. (16.09.180(12) Mercury Switches). Mercury switches shall not be installed in sewer or storm drain sumps. 57.(PAMC 16.09.205(a) Cooling Systems, Pools, Spas, Fountains, Boilers and Heat Exchangers). It shall be unlawful to discharge water from cooling systems, pools, spas, fountains boilers and heat exchangers to the storm drain system. 58.(PAMC 16.09.165(h) Storm Drain Labeling). Storm drain inlets shall be clearly marked with the words "No dumping -Flows to Bay," or equivalent. 59.Undesignated Retail Space: (PAMC 16.09) Newly constructed or improved buildings with all or a portion of the space with undesignated tenants or future use will need to meet all requirements that would have been applicable during design and construction. If such undesignated retail space becomes a food service facility the following requirements must be met: Food Service Establishment (FSE) Project: A. Grease Control Device (GCD) Requirements, PAMC Section 16.09.075 & cited Bldg/Plumbing Codes 1.The plans shall specify the manufacturer details and installation details of all proposed GCDs. (CBC 1009.2) 2.GCD(s) shall be sized in accordance with the 2007 California Plumbing Code. 3. GCD(s) shall be installed with a minimum capacity of 500 gallons. 4.GCD sizing calculations shall be included on the plans. See a sizing calculation example below. 5.The size of all GCDs installed shall be equal to or larger than what is specified on the plans. 6.GCDs larger than 50 gallons (100 pounds) shall not be installed in food preparation and storage areas. Santa Clara County Department of Environmental Health prefers GCDs to be installed outside. GCDs shall be installed such that all access points or manholes are readily accessible for inspection, cleaning and removal of all contents. GCDs located outdoors shall be installed in such a manner so as to exclude the entrance of surface and stormwater. (CPC 1009.5) 7.All large, in-ground interceptors shall have a minimum of three manholes to allow visibility of each inlet piping, baffle (divider) wall, baffle piping and outlet piping. The plans shall clearly indicate the number of proposed manholes on the GCD. The Environmental Compliance Division of Public Works Department may authorize variances which allow GCDs with less than three manholes due to manufacture available options or adequate visibility. 8. Sample boxes shall be installed downstream of all GCDs. 9.All GCDs shall be fitted with relief vent(s). (CPC 1002.2 & 1004) 35 10.GCD(s) installed in vehicle traffic areas shall be rated and indicated on plans. B. Drainage Fixture Requirements, PAMC Section 16.09.075 & cited Bldg/Plumbing Codes 11.To ensure all FSE drainage fixtures are connected to the correct drain lines, each drainage fixture shall be clearly labeled on the plans. A list of all fixtures and their discharge connection, i.e. sanitary sewer or grease waste line, shall be included on the plans. 12.A list indicating all connections to each proposed GCD shall be included on the plans. This can be incorporated into the sizing calculation. 13.All grease generating drainage fixtures shall connect to a GCD. These include but are not limited to: a. Pre-rinse (scullery) sinks b. Three compartment sinks (pot sinks) c.Drainage fixtures in dishwashing room except for dishwashers shall connect to a GCD d.Examples: trough drains (small drains prior to entering a dishwasher), small drains on busing counters adjacent to pre-rinse sinks or silverware soaking sinks e. Floor drains in dishwashing area and kitchens f. Prep sinks g. Mop (janitor) sinks h.Outside areas designated for equipment washing shall be covered and any drains contained therein shall connect to a GCD. i. Drains in trash/recycling enclosures j.Wok stoves, rotisserie ovens/broilers or other grease generating cooking equipment with drip lines k.Kettles and tilt/braising pans and associated floor drains/sinks 14.The connection of any high temperature discharge lines and non-grease generating drainage fixtures to a GCD is prohibited. The following shall not be connected to a GCD: a. Dishwashers b. Steamers c. Pasta cookers d. Hot lines from buffet counters and kitchens e. Hand sinks f. Ice machine drip lines g. Soda machine drip lines h. Drainage lines in bar areas 15.No garbage disposers (grinders) shall be installed in a FSE. (PAMC 16.09.075(d)). 16.Plumbing lines shall not be installed above any cooking, food preparation and storage areas. 17.Each drainage fixture discharging into a GCD shall be individually trapped and vented. (CPC 1014.5) 36 C. Covered Dumpsters, Recycling and Tallow Bin Areas PAMC, 16.09.075(q)(2) 18.New buildings constructed to house FSEs shall include a covered area for all dumpsters, bins, carts or container used for the collection of trash, recycling, food scraps and waste cooking fats, oils and grease (FOG) or tallow. 19.The area shall be designed and shown on plans to prevent water run-on to the area and runoff from the area. 20.Drains that are installed within the enclosure for recycle and waste bins, dumpsters and tallow bins serving FSEs are optional. Any such drain installed shall be connected to a GCD. 21.If tallow is to be stored outside then an adequately sized, segregated space for a tallow bin shall be included in the covered area. D. Large Item Cleaning Sink, PAMC 16.09.075(m)(2)(B) 22.FSEs shall have a sink or other area drain which is connected to a GCD and large enough for cleaning the largest kitchen equipment such as floor mats, containers, carts, etc. Recommendation: Generally, sinks or cleaning areas larger than a typical mop/janitor sink are more useful. E. GCD sizing criteria and an example of a GCD sizing calculation (2007 CPC) Sizing Criteria:GCD Sizing:Drain Fixtures DFUs Total DFUs GCD Volume (gallons)Pre-rinse sink 4 8 5003 compartment sink 3 21 7502 compartment sink 3 35 1,000Prep sink 3 90 1,250Mop/Janitorial sink 3 172 1,500Floor drain 2 216 2,000Floor sink 2 Example GCD Sizing Calculation Note:·All resubmitted plans to Building Department which include FSE projects shall be resubmitted to Water Quality. ·It is frequently to the FSE’s advantage to install the next size larger GCD to allow for more efficient grease discharge prevention and may allow for longer times between Quantity Drainage Fixture & Item Number DFUs Total 1 Pre-rinse sink, Item 1 4 4 1 3 compartment sink, Item 2 3 3 2 Prep sinks, Item 3 & Floor sink, Item 4 3 6 1 Mop sink, Item 5 3 3 1 Floor trough, Item 6 & tilt skillet, Item 7 2 2 1 Floor trough, Item 6 & steam kettle, Item 8 2 2 1 Floor sink, Item 4 & wok stove, Item 9 2 2 4 Floor drains 2 8 1,000 gallon GCD minimum sized Total:30 37 cleaning. There are many manufacturers of GCDs which are available in different shapes, sizes and materials (plastic, reinforced fiberglass, reinforced concrete and metal) ·The requirements will assist FSEs with FOG discharge prevention to the sanitary sewer and storm drain pollution prevention. The FSE at all times shall comply with the Sewer Use Ordinance of the Palo Alto Municipal Code. The ordinances include requirements for GCDs, GCD maintenance, drainage fixtures, record keeping and construction projects. UTILITIES ENGINEERING –WATER GAS WASTEWATER 60.Master metering of water or gas is subject to the approval of the city of Palo Alto utilities Assistant Director of Customer Service. Gas master metering is subject to the following conditions of the Palo Alto Utilities Rules and Regulation 15: MASTER METERING: Separate premises, even though owned by the same Customer, will not be supplied water, gas, and/or electric through the same meter (i.e. master meter), except as provided herein. i.RESIDENTIAL Customers for which water, gas, and electric master-metering was installed prior to December 31, 1982, may continue to obtain service at a single Point of Delivery through a single metering installation for two or more single-family dwelling units in the same building or for two or more multi- family dwelling buildings, provided such buildings are adjacent to each other on an integral parcel of land undivided by a public highway, street, or railway. Requests for master-metered multi-family residential service subsequent to December 31, 1982, will be evaluated and approved if central space conditioning is acceptable to CPAU. Developments with such central systems will continue to qualify for master metering. (B) NONRESIDENTIAL (C)CPAU need not serve premises directly, but shall provide master-metered gas service, where any of the following conditions are met: (D)The building will contain central heating, air conditioning, or central domestic hot water and can be shown (using accepted methods of calculation) to be more energy efficient and at a more favorable cost-benefit ratio than would be the case if individual metering were installed. 38 i.(B) The building is designed to be subdivided or modified after construction to meet changing space needs of a number of tenants. 61.Prior to demolition, the applicant shall submit the existing water/wastewater fixture unit loads (and building as-built plans to verify the existing loads) to determine the capacity fee credit for the existing load. If the applicant does not submit loads and plans they may not receive credit for the existing water/wastewater fixtures. 62.The applicant shall submit a request to disconnect the gas service and meter including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after the gas service and meters have been disconnected and removed. 63.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.p.h, and sewer in fixture units/g.p.d.). Utility applications/Load sheets or preliminary loads need to be submitted early in the process so utilities can review the impact on existing WGW mains. 64.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. 65.The applicant must show on the site plan the existence of any water well, or auxiliary water supply. 66.The applicant shall be responsible for installing and upgrading the existing utility mains and/or services 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. 67.Sewer drainage piping serving fixtures located below the next upstream sewer main manhole cover shall be protected by an approved backwater valve per California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall be shown on the plans. 68.Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 39 69.Flushing of the fire system to sanitary sewer shall not exceed 30 GPM. Higher flushing rates shall be diverted to a detention tank to achieve the 30 GPM flow to sewer. 70.Sewage ejector pumps shall meet the following conditions: (1) The pump(s) be limited to a total 100 GPM capacity or less; (2) The sewage line changes to a gravity flow line at least 20’ upstream of the City clean out. (3) The tank and float is set up such that the pump run time not exceed 20 seconds each cycle. 71.The applicant's engineer shall submit flow calculations and system capacity study showing that the on-site and off-site water and sanitary sewer mains and services will provide the domestic, irrigation, fire flows, and wastewater capacity needed to service the development and adjacent properties during anticipated peak flow demands. Field testing will be required to determined current flows and water pressures on existing water main. Calculations must be signed and stamped by a registered civil engineer. The applicant will be required to perform, at his expense, a flow monitoring study of the existing sewer mains to determine the remaining capacity.The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the requirements and the approval of the WGW engineering section. No downstream overloading of existing sewer main will be permitted. 72.For contractor installed water and wastewater mains or services, the applicant shall submit to the WGW engineering section of the Utilities Department two copies of the installation of water and wastewater utilities off-site improvement plans in accordance with the utilities department design criteria. All utility work within the public right-of-way shall be clearly shown on the plans that are prepared, signed and stamped by a registered civil engineer. The contractor shall also submit a complete schedule of work, method of construction and the manufacture's literature on the materials to be used for approval by the utilities engineering section. The applicant's contractor will not be allowed to begin work until the improvement plan and other submittals have been approved by the water, gas and wastewater engineering section. 73.The applicant shall pay the capacity fees and connection fees associated with the installation of the new utility service/s to be installed by the City of Palo Alto Utilities. The approved relocation of services, meters, 40 hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 74.Each unit, parcel or place of business shall have its own water service, gas meter and sewer lateral connection shown on the plans. 75.A separate water meter and backflow preventer shall be installed to irrigate the approved landscape plan. Show the location of the irrigation meter on the plans. This meter shall be designated as an irrigation account and no other water service will be billed on the account. The irrigation and landscape plans submitted with the application for a grading or building permit shall conform to the City of Palo Alto water efficiency standards. 76.An approved reduced pressure principle assembly (RPPA backflow preventer device) shall be installed 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. Show the location of the RPPA on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. 77.An approved RP detector valve shall be installed for the existing or new water connections for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive (if the applicant intends to have an alternate source of water available for irrigation or toilet flushing, i.e. reclaimed water or gray water, an approved reduced pressure detector assembly will be required for the fire service). Double check detector check valves shall be installed on the owner's property adjacent to the property line. Show the location of the double detector check assembly on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the City connection and the assembly. 78.All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. 79.All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilties procedures. UTILITIES ENGINEERING ELECTRICAL DEPARTMENT 41 80.New sanitary sewer line on Page Mill Road shall not be placed under the proposed transformers. The applicant shall resubmit the site plan with either a new location for the pad-mounted transformers, or reroute the new sanitary sewer line such that there is proper clearance between the sanitary sewer line and the electric facilities. Locations for pad-mounted transformers shall be submitted to the Utilities Department for approval. WGW Utilities requires a minimum of 5 feet radial separation between electric conduits and WGW conduits. 81.A completed Electric Load Sheet and a full set of plans must be included with all building permit applications involving electrical work. The load sheet must be included with the preliminary submittal. 82.The developer/owner shall provide space for installing padmount equipment (i.e. transformers, switches, and interrupters) and associated substructure as required by the City. In addition, the owner shall grant a Public Utilities Easement for facilities installed on private property as required by the City. 83.Location of the electric panel/switchboard shall be shown on the site plan and approved by the Architectural Review Board and Utilities Department. 84.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. 85.Projects that require the extension of high voltage primary distribution lines must be coordinated with the Electric Utility. Additional fees may be assessed for the reinforcement of offsite electric facilities. 86.Any additional facilities and services requested by the Applicant that are beyond what the utility deems standard facilities will be subject to Special Facilities charges. The Special Facilities charges include the cost of installing the additional facilities as well as the cost of ownership. 42 87.All primary electric conduits shall be concrete encased with the top of the encasement at a depth of 30 inches. No more than 180 degrees of bends are allowed in a primary conduit run. Conduit runs over 500 feet in length require additional pull boxes. 88.The Applicant shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, the Applicant shall contact Underground Service Alert (USA) at 1-800-227-2600, at least 48 hours prior to beginning work. 89.The customer is responsible for installing all on-site substructures (conduits, boxes and pads) required for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All conduits must be sized according to National Electric Code requirements and no ½-inch size conduits are permitted. All off-site substructure work will be constructed by the City at the customer’s expense. Where mutually agreed upon by the City and the Applicant, all or part of the off-site substructure work may be constructed by the Applicant. 90.All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 91.The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meet the National Electric Code requirements and the City standards. 92.These are only preliminary comments and should not be considered as final review or approval for the project. Utilities Engineering will provide detailed comments as well as cost estimate when plans are submitted to the Building Department for review and approval. The City recommends customers/developers to contact Utilities Engineering (650- 566-4533/4516) and obtain Utilities Standards and Requirements prior to finalizing plans. 43 93.For any questions regarding the above project, feel free to contact me at ext.4533. BUILDING DEPARTMENT PRIOR TO PERMIT APPLICATION 94.Any tenant space used for storage, use or handling of hazardous materials shall be designed as a separate control area in accordance with the Building Code, including one- hour fire separation, independent ventilation, and any fume hood or process exhaust shall be independently ducted in accordance with the Mechanical Code to the roof. 95.No Group H occupancies will be allowed on site. 96.The proposed new building shall be assigned a single Park Boulevard address. 2901 Park Blvd. shall be used since it coincides with the location of the proposed main entrance. 97.The plans submitted for the building permit shall include the full scope of the construction including all site development, utility installations, architectural, structural, electrical, plumbing and mechanical work associated with the proposed project. 98.The entire project is to be included under a single building permit and shall not be phased under multiple permits except that interior improvements of the commercial tenant spaces may be built under separate permits. 99.The design of building components that are not included in the plans submitted for building permit and are to be “deferred” shall be limited to as few items as possible. The list of deferred items shall be reviewed and approved prior to permit application. 100.The commercial tenant spaces located below the second floor 3 hour occupancy separation shall be limited to S3, A3, B, and M occupancies per UBC Section 311.2.2.1. Other occupancies, such as, F, H, A2.1, R1 and E, shall not be permitted. 101.A maximum of 4 control areas are permitted in the entire building. The quantities of hazardous materials stored and used by all the future tenants of the B occupancy R&D areas shall be maintained below maximum allowable. 102.The plans submitted for the building permit shall include an allowable floor area calculation that relates the mixed occupancies to type or types of construction. 44 103.The portion of the building where the pool is located shall be provided with an exit stair enclosure. Horizontal exits may only be used for 50% of the required exits. 104.The location of the building’s electrical service shall require prior approval by the Building Division and shall be located at an exterior location or in a room or enclosure accessible directly form the exterior. 105.All sleeping rooms in the apartment units below the fourth floor shall be provided with egress windows. The windows shall open into a public street, public alley, yard or exit court (these terms are defined in the 1997 Uniform Building Code). 106.Exit discharge from the stair enclosures to the public way shall be configured so that the path is entirely outside the building through courts or yards that are open to the sky. The plan submitted with the Planning applications indicates the exit path to the public way leading below the bridges created by the upper floors. 107.The plans submitted with the permit application shall include the complete design for disabled access and exiting for the entire site, building entrances and basement parking garage. Disabled access features and exiting within the unimproved commercial areas may be deferred to future tenant improvement permits. 108.The parking garage is proposed to contain 275 total parking spaces. For that number of total spaces, CBC Table 11B-6 requires that at least 7 handicap parking spaces. 109.An acoustical analysis shall be submitted and the plans shall incorporate the report’s recommendations needed to comply with the sound transmissions requirements in CBC Appendix Chapter 12. FIRE DEPARTMENT 110.Install a NFPA 13 fire sprinkler, NFPA 14 standpipe (below grade parking through roof levels) and NFPA 72 fire alarm system. Separate permit is required for the fire sprinkler and fire alarm systems. The underground fire service line requires separate applications to the Fire Prevention Bureau, the Public Works Department and the Water/Gas/Wastewater Section of the Utilities Department. Fire sprinkler control valves and water flow switches are required per building level. 45 111.Elevator car shall be sized for Fire Department gurney access requirements based on gurney dimensions of 24 in. x 84 in. plus a minimum of two emergency response personnel. 112.When the Main Electrical Shutoff is located in the interior of the building, an exterior shunt trip or other approved means of emergency shutoff shall be provided. Please contact the Building Div. For details. 113.All sprinkler drains, including those for floor control valves and inspector’s test valves, as well as the main drain, shall not discharge within the building. Water discharged from these points shall be directed to an approved landscape location or to the sanitary sewer system. (2002NFPA13, Sec. 8.15.2.4.4) NOTE: Please check with Roland Ekstrand in Utilities for maximum flow capacity of sanitary sewer in the area. 114.An approved access walkway shall be provided to each egress/rescue window. 115.The Applicant shall provide Opticom traffic signal preemption equipment and reimbursement for cost of installation for the Page Mill Road/El Camino Real intersection. 116.Site address to be posted at the main access to the property. 8. Provide at least 1 stairway to roof. Provide fixed ladder/roof hatch at top of other stairwell enclosures. PUBLIC WORKS OPERATIONS -RECYCLING 117.Owner shall comply with all City recycling and garbage collection requirements. Please contact Andrew Shelton, of Greenwaste Recovery Inc. at 650-799-8720 for further information on these requirements. SECTION 9: Terms of Approval.If the Architectural Review Approval granted herein is not used within one year of the date of City Council approval, or within two years of this approval upon Director’s extension of the AR, the approval shall become null and void, pursuant to PAMC Section 18.77.090. SECTION 10.Indemnity Clause.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 its actual attorneys fees and costs incurred in defense of the 46 litigation.The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: ______________________________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM _______________________________________ City Attorney PLANS AND DRAWINGS REFERENCED: Project plans prepared by Hoover Associates dated June 28, 2011 and Tentative Map prepared by Mission Engineers, Inc titled “Tentative Map for ‘Park Plaza’ for 50,467 square feet of R&D space and 84 Residential Condominium Units” dated August __, 2011 (title revised from plans dated September 27, 2010, no other changes). CITY OF ,PALO ALTO OffIce of the City Clark APPEAL FROM THE DECISION OF DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT* For appeals of. final decisions on Architectural Review Board and Home Improvement Exception applications (rendered after public hearing). this appeal form shall be completed and submitted by appellant within fourteen days 1i'om date of the Director's decision. Appeals of final decisions on Individual Review applications (rendered after public hearfng) must be submitted within ten days of the Director's decision. Complete form, the current fee and al~tter stating reasons for the appeal shall be submitted to frontdesk staff of the Planning Division, 5" floor, City Hall, 250 Hamilton Avenue, except for 980 Fridays when' City Hall is closed, when these items shall be submitted to Planning staff at the Development Center, 265 Hamilton Avenue (glass storefront across from City Hall on the comer of Bryant and Hamilton). . * Director of Planning Includes his designees, which are Planning Managers or the Chief Plan,nlng official . Appeal Application No. II -Af -b { Receipt No. Name of Appellant Robert Moss Phonef5 5Q ~23-212a Address 4010 Orme St. 'Pal0 AL!Q 943Q6 Street City ZIP LOCATION OF PROPERTY SUBJECT TO APPEAL: Street Address 1 95 P age Mi 11 Ro a dan d 286 5 Par k Blvd Name of Property Owner (If other than appellant) H 0 h ba c h Rea 1 t Y Com pa n y , Property Owne(s Address ___ '_2 _9 _L_o_w_e_r..;;:;y_D_r_i_v_e _____ A....;.t....;.h;...;;.e..;.;;.r..;.t..;;..o;..;;...n "'-, .....,;C::;;",:A...:......-_--.-;::.9.-;:;4..:;::O..=2:..L,.7 street City ZIP The decision of the Director of Planning and Community Environment dated _____ J..;.u..;.;;.l J-.V .....;1;;;..:2~ ___ I 20 . .=1-=1 __ whereby the application 08 pI 1\1 002 9 5 by ----R.:e~OQw.bw..ai!i-'g~Q~R+Ei03_eal_:ll~t~y~C~ofR.FR-B-paa-aR-l'iO'-7 _--"-___ _ (file number) (original project applicant) - was approved (approved/denied) . I I Date: 11 Z 4:)"' IJ , is hereby appealed for the reasons stated In the attached letter (in duplicate) Signatu~ of Appellant IZriwr ~ PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL (TO BE FILLED OUT BY STAFF): Oate ______ _ Approved Denied __ _ Remarks and/or Conditions: CITY COUNCIL DECISION (TO BE FILLED OUT BY STAFF): Date ______ _ Approved Oenied __ _ Remarks and/or Conditions: SUBMITTAL REQUIREMENTS SATISFIED: '-c: r- N U't -0 ::c N r, 0 1. 2. Letter stating reasons for appeal __ _ ~~Ned~ ____ ~ _________________ __ Fee (currently $151.00) R~wdb~, _______________________ __ C)~ :::;-1 -<-< ()o r'l fT1:Ji :::0 .... > ::'1.:'r-u5 C ) oJ::,. ""Tf.r-.,,-{ _0 (j' m CJ :;po Appeal of ARB Approval of 195 Page Mill Rd. Development [08-PLN-00295] CITY OF Pl\~LO ALTO, CA CITY CLERK'S OFfiCE IIJUL25 PH12:01 This project attempted to avoid normal review by the Planning and Transportation Commission and City Council by applying directly to the ARB and pretending that the only issues for review are simple design issues, not violations of the Comprehensive Plan and Zoning Ordinance. The applicant then ignored or strongly argued against modifications and revisions requested by the ARB and repeatedly refused to make modifications per ARB directions. In fact during the final hearing the applicant spent more than 5 minutes arguing that the ARB could not require residential unit setbacks from the Akins property line to provide more light and circulation because setbacks are land use issues and beyond the ARB's authority. Both ARB members and staff pointed out that requiring setbacks was indeed a normal ARB practice and both proper and fully authorized. The staff report and attachments submitted to the ARB regarding this proposal give a very unbalanced and optimistic view of this project and proposal. Staff apparently was very trusting dealing with the applicant. That trust is unjustified. As submitted the proposal violates CEQA, does not comply with normal mitigations for building over toxic sites as practiced by EPA, NASA Ames, and the City of Mountain View, would allow use of toxic and hazardous materials in commercial locations directly below residential living quarters which has never before been allowed in Palo Alto, violates the Comprehensive Plan and Zoning Ordinance, and fails repeatedly to comply with or even respond adequately to issues and concerns raised by the ARB and staff I hope you will reject the present plans and proposals and require a suitable development project be submitted that complies with the Comprehensive PI~ Zoning Ordinance, CEQA, normal EPA requirements for minimizing vapor intrusion into residential buildings over highly contaminated toxic sites, does not exacerbate the jobs-housing imbalance, and is compatible with the neighborhood. Planning Commissioners have complained recently that they found many policies that projects fail to comply with but staff carefully omits listing them. Note that there are no policies cited by staff that the proposal fails to meet. I found many Comprehensive Plan policies and programs that this project violates: it fails to comply with: Policy L-S: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale, PROGRAM L-3: Maintain and periodically review height and density limits to discourage single uses that are inappropriate in size and scale to the surrounding uses. PROGRAM L-5: Establish new perfonnance and architectural standards that minimize negative impacts where land use transitions occur, POLICY L-7: Evaluate changes in land use in the context of regional needs, overaD aty welfare and objectives, as well as the desires of surrounding neigbborhoods. PRoGRAML-14:Create and apply zoning standards for Transit-Oriented Residential housing prototypes, including consideration of minimum density standards. Develop design guidelines that ensure that such housing is compatible with the University Avenue/Downtown and California Avemle centers where it may be pennitted. POLICY L-18 : Encourage the upgrading and revitalization of seleeted Centers in a manner that is compatible with the character of surrounding neighborhoods, PROGIW.1 L-29:Revise zoning of the California Avenue business district to reduce the nonresidential development potential to levels comparable to other commercial areas in the City while retaining substantial residential development potential. and POLICY L .. 48:Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. It is not at all compatible with existing scale, design and character of the nearby area or existing developments. There is nothing about the project that complies with POLICY T -1: Make land use decisions that encourage walking, bicycling, and public transit use. and encourages walking or biking. The massive proposed building directly abuts sidewalks and is not very pedestrian friendly. Regarding the Housing element, PROGRAM H-3:Encourage the conversion of non-residential lands to residential use to both increase the supply of hoUSing, particularly affordable hOUSing, and decrease the 1 potential for the creation of new jobs that exacerbate the need for new housing. Land use and development applications that propose the conversion of non-residential land to residential or mixed use development will be given preferential or priority processing to encourage such conversion. is not fully met. The site should be converted from GM to RM or, if mixed use is desired, to PTOD. It does not comply with PROGRAM H-4: Allow increased residential densities and mixed use development only where adequate urban services and amenities can be provided and, in cases where the change in zoning is likely to lead to traffic congestion that will reduce levels of service below those acceptable to the City, adopt mitigation measures that will avoid this impact. Traffic mitigations are minimal and inadequate. Traffic congestion that reduces level of service is likely. Parking is inadequate at 302 spaces including landscape reserve. Overflow parking is assured if more parking or a smaller building is not required. In addition the comments on traffic impacts note that this proposal will have an adverse impact on wait times and congestion at Park and Page Mill, but these impacts are excused by saying other developments and projects also will have adverse impacts to the traffic problems will be solved by fixing the cumulative impacts of several projects in the area, including 195 Page Mill Rd. This is a violation of normal process and of CEQA, since negative impacts of projects cannot be dispersed over another future group of projects but must be addressed and solved on a specific project basis. Staff and the ARB repeatedly asked that the entrance to the underground garage be from Page Mill, but the developer refused. Most of the traffic coming to the building will approach from Page Mill, tum onto Park, and then have to make a left tum across Park into the garage. That will create significant traffic impacts and congestion. The proposed and probable site for a new Public Safety Building is directly across Page Mill Rd. The level of traffic from the proposed development, plus the backups along Park caused by left turns into the garage will interfere with traffic to and from the public building site. Moving the entrance to Page Mill will eliminate traffic impacts from cars entering or leaving the garage. This proposal fails to comply with the significant negative traffic impacts that are identified. The statement on p. 68 of Attachment B that there are no cumulative negative impacts are not correct, especially as it applies to traffic, but also as it applies to appearance, need for city services, and impacts on schools. Referring to the staff report submitted to the ARB, there are a number of issues. Attachment B p. 70 -76 tries to address noise and vibration impacts. It notes that both existing CalTrain and proposed High Speed Rail could generate unacceptably high noise and vibration. The high noise levels in the courtyard are dismissed as being shielded by the building. That is a fond hope, but not necessarily true, especially if the High Speed Rail configuration is elevated tracks. Placing residential units along over 400 feet of rail line risks exposing occupants to unacceptably high noise levels. I disagree that adequate mitigations from noise and vibration will be obtained. This is particularly true if trees planted along the railroad right-of- way are removed by CalTrain as they can do on 30 days notice. The project is in a OM zone but 2/3 of the building will be housing. This project is the only one proposing housing in a OM zone. The City Council recently decided it was folly to allow or encourage housing in GM zones, so housing was removed as an allowed OM use. When this project was last before the City Council the developer was asked ifhe wanted to have the previous OM zone grandfathered in since that 2 allowed housing, but prohibited R&D of the type now proposed. He refused saying he wanted both uses even though housing in GM would then be a violation of the Comprehensive Plan and Zoning Ordinance. Attachment B p. 77 notes that the site was identified for housing in the Regional Needs Housing Assessment, so housing must be allowed even though the site is zoned OM. It is not necessary to retain the OM zoning and still allow housing. The zoning can be changed to RM-30 or RM-40, or to PTOD, and require housing. That would comply with PROGRAM H-14:Rezone, where necessary, those sites identified on the Housing Sites Inventory, using appropriate residential or mixed use zoning districts, prior to 2004. However the proposed high density development need not be allowed. A lower density project is supportable since it is clear that site conditions such as the presence of a known carcinogen such as TCE justify restrictions on development and number of housing units can be imposed to protect public health and safety. The statement on p. 78 that the added housing units and increase of at least 188 residents will have a less than significant impact is untrue. Each multifamily housing unit added has a net cost for city services of $ 1600/year to & 1900/year thanks to Proposition 13, so adding 84 units will have a cost impact on the city budget of at least $135,000/year. Impacts on school enrollment are noted on p. 82-83. The increases in student population predicted seem low, especially for middle and high schools. Last year PAUSD stated that actual number of new students from new residential developments over the past few years have exceeded even the maximum projections used in the past. The low value of 23 elementary students estimated to be generated by the project would be 10% of the available capacity ofPAUSD. The 8 middle school students predicted would be 9% of the middle school capacity. Based on recent experience by P AUSD these added student figures are low. Since no school is within normal walking distance of the site, most students will be driven to and from school, greatly increasing traffic loads during the morning rush hour. This is not taken into account in the traffic analysis which looks at commuter traffic. The developer claims that R&D is required as part of the development in order to make the housing economically viable. That is absurd and totally false. No other developer in the past 40 years has claimed a need for non-residential uses in order to make residential development cost effective. For the past 10 years Palo Alto has been one of the 10 highest valued residential markets in the entire U. S. Most years it has been in the top 5. While nationally home values fell by 25% to 50% from 2008 to 2010, in Palo Alto home values fell by only 13%, and they had recovered all of that by June 2011. Comparing median sale prices of homes in dollars/square foot, the 3 Palo Alto zip codes always rank in the top 6 for all of Santa Clara, San Mateo and Santa Cruz county zip codes. The last 6 weeks the 3 Palo Alto zip codes have been in the top 4. The reality is residential uses subsidize R&D or commercial. Non- residential uses are absolutely not required in order to provide housing or to assure 20% affordable units. The current city code requires 15% BMR units without any need for concessions or violations of the Comprehensive Plan and Zoning Ordinance. For 30 years other projects have provided the required BMR units, or paid fees supposedly equal to the value of required BMR units, with the fee money used for BMR development someplace in Palo Alto. The insistence that 50,467 sq. ft. of R&D space is required to make residential viable and thus obtain 20% BMR units is demonstrably false. R&D space this large will generate at least 150 jobs, more likely 250 jobs. The jobs added will far exceed housing units, worsening the jobs-housing imbalance, and violating the intent of building transit-oriented housing to hopefully 3 reduce car trips. Since the site is on the housing inventory a reduced number of housing units could be allowed by changing to multifamily housing zone, and traffic impacts and worsening the jobs-housing imbalance can be improved by prohibiting R&D. If a small amount of ground floor retail is desired that should be acceptable in place of R&D. Allowing hazardous materials in the R&D space directly below residential occupancy is unprecedented and potentially very dangerous. It has never been requested or allowed before. Even though areas where such hazardous materials are to be used are supposed to have separate fire retardant ventilated areas, once the fire marshal makes the initial inspection there are no resources for oversight or control of what hazardous materials are used or whether they are restricted to the special hazard area. Putting such requirements into the rental agreement are unenforceable by any government agency on a practical level. Note that on p. 43 it states that if expected quantities of no more than 10 gallons, 100 pounds, or 200 cubic feet are planned, then no special facilities are needed. An occupant can say they will have no more than 100 pounds of some biological agents, and get a pass on needing special facilities. Later an unannounced biological agent is brought into the facility, 98 pounds of anthrax. That of course is enough to kill every human in Santa Clara County. Since follow up or ongoing oversight of these R&D hazardous facilities requires the user to notify the city that they plan to introduce such hazardous materials there is no way to know if they fail to make that notification until there is a disaster. While such a situation is not certain, it is not prohibited nor regularly enforced. This is another excellent reason to limit development on the site to housing. When special facilities are required they require a separate ventilation system. What controls will there be when the power fails and the ventilation system shuts down? Power failures at some time are inevitable. I can cite the case where a co-worker was spraying fine beryllium oxide powder inside a mechanically vented glove box while wearing a face mask. He didn't realize until later that the exhaust fan in the glove box had failed, and that his mask was not fully covering his face. He inhaled beryllium oxide dust and contracted a lung disease that eventually killed him -painfully and slowly. The City Council should prohibit any hazardous or toxic materials if there are any R&D spaces in this project. The risk can be high and the threat to residential occupants makes it unwise to take the risk. Regarding landscaping, a line of screening trees was required along the rear property line. The developer proposes putting these trees in the railroad right-of-way, where they can be removed at any time with 30 days noticed from CalTrain. That does not constitute proper landscaping, especially it is certain that if High Speed Rail ever is built between San Francisco and San Jose the existing rail right of way will be widened and the trees removed. The tree planting requirement must be retained but the trees must be placed in a 10 foot minimum rear seatback. The bright colors that the plans keep proposing would be a garish disaster. The proposed building will be over 400 feet long and 43 feet tall, far more massive than any other building abutting the railroad right-of .. way. It is not compatible with the adjacent developments and will be especially jarring visually to the homeowners along and behind Alma. 4 Environmental issues are inadequately addressed, and fail to comply with current EPA requirements for protection of occupants from exposure to carcinogens such as TCE due to vapor intrusion into the proposed buildings, especially the residential spaces. I am very familiar with these issues. Since 1989 I have been on the Board of the Barron park Association Foundation, an 501(c)(3) organization established by the Barron park Association to receive EPA Technical Assistance Grants (TAG) to provide oversight and community involvement in investigations and mitigations of Palo Alto's two Superfund sites at 640 and 1501 Page Mill Rd. plus the COE area impacted by the co-mingled plumes from 640 and 395 Page Mill and 601 California. In addition since 1995 I have been a member of the Moffett Field Restoration Advisory Board (RAB) which is overseeing the investigation, evaluation, and mitigations of the toxic plumes at the Superfund site at Moffett Field and the comingled toxic plume at the MEW site in Mountain View. For 9 of those years I was community co-chair. In addition I am a graduate of Vapor Intrusion University, taking the course along with Alana Lee of EPA who manages treatment of the toxic sites in Mountain View, among others. I have much more experience in groundwater contamination, vapor intrusion, and risks and corrective approaches than anyone on City staff. Attachment B, the Environmental Checklist, has a number of errors and omissions. The claim that implementation of MM-4 will mitigate hazards from toxics and VOCs on site is untrue for many reasons. Table 1 on p. 30 of the report shows that the cancer risk due to TAC is 134 where 100 is the maximum level of no increased cancer risk due to traffic. The added risks due to the garage is not cited or quantified but it will be significant. When the almost identical previous project was reviewed by the Water Board Roger Papler stated that since the garage is almost entirely enclosed with only 5% open for driveways, therefore vapor intrusion from soil gas would be increased and concentrated, not dispersed. Supposedly operation of the HV AC system will mitigate this risk but there are no requirements for measurement or verification of adequate mitigation in either the R&D work space or residential spaces. Also it is not stated what the risk would be if the HV AC system is turned off for some period. The discussion of hazardous materials on pages 36 -42 notes the chance of encountering contaminated groundwater at depths as shallow as 14 feet, with a high probability at depths below 16 feet, but then dismisses the issue as addressed by controls during excavation. Depth to groundwater at and adjacent to 195 Page Mill historically has been 16 to 17.8 feet.1 The potential that contaminated groundwater can rise and interfere with the vapor barriers is noted but then ignored. In fact placing a building over contaminated soil and groundwater will draw contamination up from their current depths and bring it much closer to the surface, possibly to the bottom of the garage where they will bypass most of the vapor barriers. Indoor air testing will be limited to the garage, with an acceptable level of 41 00 micrograms/cubic meter per p. 41. However nobody lives in or occupies the garage. The critical area for indoor air sampling is the residential areas where the acceptable level ofTCE is 1000 micrograms/cubic meter, proposed by EPA to be reduced to 700 micrograms/cubic meter. Indoor air sampling in residential buildings has been required by EPA at contaminated sites in Mountain View for more than 5 years. Note that in Attachment D Atkins reply to my comments on the MND it was stated that COE is not a 1 Second Five Year Status Report and Effectiveness Evaluation for 640 Page Mill site, 395 Page Mill site, 601 California Ave. Site, and Off-Site Area, Palo Alto, CA November 17,2005 (SECOR). Table 3-2, Groundwater Elevations, reports well EW-l1 which is on 395 Page Mill next to Park Blvd had depth to groundwater of 15.98 feet, well F145Al which is at the rear of 195 Page Mill had depth to groundwater of 17.98 feet on June 27, 2005. 5 at 195 Page Mill is far higher than any measured at Moffett Field or MEW. There is no excuse for non compliance with these recognized mitigation and monitoring measures in Palo Alto. The very high levels ofTCE in the soil, 150,000 micrograms/cubic meter, is passed over with the hope that vapor intrusion barriers will reduce the indoor TCE levels to 150 micrograms/cubic meter. Absent actual testing in the residential spaces this is just a fond hope. There is an old saying "One test is worth an thousand expert opinions." Ongoing indoor air testing and monitoring in the residential spaces must be required or occupants of the residential units will have a significant risk of cancer. On p. 42 all monitoring and mitigations required are limited to commercial spaces and TCE limits, ignoring the fact that 2/3 of the building would be residential units, and that the allowed level of TCE in residential spaces is less than 25% of that allowed in commercial spaces. EPA requires indoor air sampling not only of existing commercial buildings, but of all future commercial and residential buildings. Failure to require this sampling in residential areas of buildings planned over areas with known levels of groundwater and soil gas contamination violates EPA standard practice and common sense. This testing failure is a clear violation of CEQA and will not adequately protect the health and safety of future residents at the site. Unfortunately the Water Board, unlike EPA, does not require this level of indoor air testing. EPA met with the water Board in June and tried unsuccessfully to get them to adopt EPA standards for mitigation and indoor air testing of buildings to establish levels of vapor intrusion. Apparently the Water Board functions better with water than toxic vapors. The important factor in the debate about vapor intrusion and indoor air sampling is the science is established, and toxic impacts are identified and known. Vapor intrusion ofTCE can cause cancers4. Building any residential units over the high levels ofTCE in the soil is inadvisable. Note that Government Code 65918 (B) explicitly allows not granting concessions "if it will have a specific adverse impact ... on public health and safety." Building housing over such a high level ofTCE in soil gas does constitute such a significant risk. As an example, at the Birch Plaza site soil gas levels of 6400 micrograms/cubic meter were measured in one location near Birch St. The consultant recommended not building any occupied space over that high level of TCE in the soil. Interestingly when Stellar replied to my objections to the MND they carefully avoided commenting on the requested restriction of building occupied space at Birch Plaza where the TCE level of soil gas that caused concerns is 0.42% the level of soil gas TCE at 195 Page Mill Rd. Of course they don't want to discuss it. If everyone ignores toxic reality, housing can be built over this high level of TCE and the only people who will suffer are future occupants of the site who may wonder why they have such a high prevalence of cancer. In August 2010 EPA Region 9 made significant changes in requirements for preventing vapor intrusion into both existing and new buildings at contaminated sites, especially those with high levels of TCE such as COE. In addition to requiring more extensive on-going indoor air sampling in both commercial and residential locations, the allowable levels of TeE in indoor air are proposed to be reduced by at least 30%. These changes are expected to be finalized and adopted late in 2011. As a result of these changes in required mitigation and monitoring, a number of sites and past approvals are being reconsidered in 4 TeE was upgraded from a probable carcinogen to a known carcinogen by EPA in 2010. 7 Mountain View. Recently EPA revised the cleanup plan issued in 1991 for the CTS Printex site in Mountain View. TCE in the groundwater is 51 to 75 micrograms/liter at 15 feet below grade, between the values found in wells EW-ll and F145Al at 195 Page Mill (see ref. 3). TCE soil gas levels at CTS Printex are 2,900 to 8,500 micrograms/cubic meter, far under the 25,000 to 150,000 micrograms/cubic meter TCE levels at 195 Page Mill Rd. Buildings at CTS Printex must have vapor barriers and sub-slab ventilation, plus on-going indoor air monitoring in both commercial and residential spaces. If it is good enough for Mountain View why isn't it good enough for Palo Alto? As for doing things that were prohibited, in (d) of the site description it was noted that the buildings on the site were all demolished in August 2007. Unmentioned is that this demolition violated a specific court order by Judge Nichols that no demolition or construction should be done on the site until he had issued all his final orders. Assistant city attorney Melissa Tronquet visited the site right after the demolition and sent the developer a strong letter noting the violation of Judge Nichols order, but no further action was ever taken. This site demolition, and later leasing the site to construction companies resulted in storage of piles of dirt, equipment, and office trailers on the site in violation of the court order. Harold Hohbach has a history of ignoring required actions and compliances. When the City Council approved the previous version of this project in January 2007 there was an explicit prohibition on obtaining a building permit until the ARB had reviewed and given final approval to the project. The day before the first ARB hearing on the project Mr. Hohbach requested and was given a building permit. Staff found out about this and informed the ARB. When the project was presented to the ARB the next day Mr. Hohbach was asked what he was doing getting a building permit before the ARB had even considered the project, let alone approved it. He replied that there was a box on a form he ftIled out that asked for a building permit, so he checked it and nobody at the Development Center complained so he assumed it was fine. The chair of the ARB then stated that Mr. Hohbach had lost all credibility. Of course that is not the last time he obtained a building permit improperly. He also applied for a building permit for this project in October 2010 when the ARB was still reviewing it and ARB members had expressed objections and concerns about a number of issues regarding the design. At the last ARB meeting staff pointed out that no building permit should be requested or granted until all approvals been granted, and also the fmal drawings and specifications must be completed and approved by city staff. This lack has never deterred Mr. Hohbach for asking for and getting building permits. I;,t~ Yours truly, Bob Moss 8 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -1 - ENVIRONMENTAL CHECKLIST FORM City of Palo Alto Department of Planning and Community Environment 1.Project Title:Park Plaza 2.Lead Agency Name and Address: City of Palo Alto –Planning and Community Environment 250 Hamilton Avenue, Palo Alto, CA 94301 3.Contact Person and Phone Number: Lata Vasudevan Contract Planner (650) 329-2630 4.Project Location:195 Page Mill Road and 2865 Park Boulevard Palo Alto, County of Santa Clara, California 5.Application Number(s):08PLN-00000-00295 and 10PLN-00000-00344 6.Project Sponsor (Applicant):Hohbach Realty Company Limited Partnership 29 Lowery Drive Atherton, CA 94027 7.Property Owner:Hohbach Realty Company Limited Partnership 29 Lowery Drive Atherton, CA 94027 8.General Plan Designation: Light Industrial 9.Zoning: GM –General Manufacturing 10.Description of the Project: Project Site The proposed Park Plaza project (“proposed project”) site is at 195 Page Mill Road and 2865 Park Boulevard, in the "General Manufacturing" (GM) zoning district. The project site is bounded by Park Boulevard, Page Mill Road, the Peninsula Corridor Joint Powers Board (Caltrain) propertyand 3405 Park Boulevard. The project site consists of one parcel (APN 132-32-054), which is approximately 2.52 acres (gross) and 2.41 acres (net). An 11-foot street easement extends along the southwest property line adjacent to Park Boulevard. The Caltrain railway property defines the northeast project site propertyline. Alma Street parallels the Caltrain right-of-way, and multiple family residences face Alma Street along the northeast side. Page Mill Road defines the northwest boundary of the project site and a vacant Formatted:Not Highlight 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -2 - lot is across Page Mill Road. Adjacent uses include railroad tracks, automobile body shop, automobile sales and service, offices occupied by AOL and subtenants, and law offices. The project site currently is vacant. Previous development at the site included buildings which were demolished on, or about, August 2007. The project site presently is leased by K.J.Woods Construction Company, Inc. for use as a construction materials staging and operations area for a sewer line replacement project for the City of Palo Alto. Proposed Land Uses The proposed project would include research and development (R&D) and residential uses. The total building size would be 157,387 square feet, including 50,467 square feet of R&D space on the ground floor, and 106,920 square feet of residential space on the second and third floors. The residential space would contain 84 dwelling units: 20 one- bedroom units, 60 two-bedroom units, and 4 three-bedroom units. Seventeen of the units (20 percent) would be designated as Below Market Rate (BMR) dwelling units. The applicant has requested that the Cityapply ‘concessions’ (to grant two exceptions from development standards) in exchange for providing 20 percent BMR units, pursuant to California Government Code Sections 65915 et seq. (explained in the Land Use and Housing section of this Initial Study). A subterranean parking garage would provide 274 vehicle parking spaces. Surface parking would add 19 spaces and an additional 9 parking spaces would be available in a landscape reserve. Site improvements related to the R&D and residential uses, such as site landscaping, would be constructed as part of the proposed project. The proposed project site is identified on the Housing Sites Inventory in the Housing Element of the Comprehensive Plan as a potential housing site to meet the City’s Regional Housing Needs Allocation. Although housing is not generally allowed in the GM zone in which the proposed project would be constructed, housing is allowed by right because the site is on the Housing Sites Inventory. State Housing Element law prohibits a city from reducing or barring housing on an inventory site unless compensating sites are designated or all housing needs are met. Parking Pursuant to Palo Alto Municipal Code (PAMC)Section 15.42.040, a total of 388 parking spaces would be required for the proposed project. PAMC 18.52.050 allows an applicant to request parking reductions for various circumstances; combined parking adjustments amounting to no more than 30 percent of the total parking demand otherwise required are permitted subject to approval by the Director of Planning and Community Environment. The applicant is requesting a reduction for joint use (shared) parking facilities and a reduction for proximity housing near transit facilities such as the Caltrain and bus lines. After applying these two reductions, the applicant’s required parking for the proposed uses would be 265 spaces. The proposed project would provide 302 spaces on the site, including 274 spaces in a subterranean parking garage, 19 at-grade spaces, and 9 in landscape reserve. Entrance to the underground parking facility would be from Park Boulevard at about the midpoint of the building. The proposed project would be consistent with parking standards upon approval of the parking adjustments provided for joint-use facilities and proximity to transit. Bicycle parking facilities would be provided as part of each dwelling unit’s private storage area in the parking garage. Public bicycle parking would be provided at ground level adjacent to the courtyard. Landscaping 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -3 - The proposed landscaping plan would include a fountain near the “at-grade” vehicle entrance to the courtyard, a landscaped interior courtyard with decorative paving, and new landscaping on both Park Boulevard and Page Mill Road. A combination of coast redwoods and Canary Island pines are proposed to be planted adjacent to the rear of the building in the Caltrain/Joint Powers Board (JPB) property to soften the appearance of the rear façade. However, the applicant only has a month-to-month lease for a 10 foot wide strip of JPB land along the rear property line; therefore tree planting and maintenance cannot be guaranteed in the event the JPB needs the 10 foot wide strip for other purposes related to rail corridor improvements. Street Improvements The Transportation Impact Analysis completed in 20091 found that vehicle queues on northbound Park Boulevard, resulting from project traffic, could cause minor increases in average delay at the Park Boulevard/Page Mill Road intersection. Although these delays would not constitute a significant impact, the applicant has proposed to fund and implement a 130-foot left turn pocket lane at the intersection of Park Boulevard/Page Mill Road to facilitate left turns. Following installation of this improvement, the intersection would function at a Level of Service (LOS)A, without the need for a signal. The intersection would continue to be controlled with a two-way stop sign along Page Mill Road. Additionally, the updated Transportation Impact Analysis completed in 20102found that the proposed project would contribute to delay at the of El Camino Real/Page Mill Expressway intersection in the PM Peak Hour. However, the delay is just under the level that would constitute a significant impact. Furthermore, it will probably be alleviated by future mitigation measures that will be implemented as part of other nearbyprojects, such as the installation of traffic adaptive signal technology at all intersections in the El Camino Real corridor as part of the Stanford SUMC project. Please refer to Section XV, Transportation/Traffic. Approvals Required Approval of the proposed project would consist of the following entitlements: (1) Architectural Review approval following hearing(s) bythe Architectural Review Board (ARB) pursuant to the requirements of PAMC 18.76.020, (2) two concessions pursuant to California Government Code Sections 65915 et seq.and, (3)a tentative and final subdivision map to create residential condominium units. With 20 percent of the residential units designated as BMR units, the applicant has submitted a proposal requesting two concessions pursuant to California Government Code Sections 65915 et seq. One requested concession is to allow the proposed project to provide housing in the GM zone as a mixed-use development. The other requested concession is to allow a total proposed project floor area ratio (FAR) of 1.5 where the GM zoning (and Industrial land use designation) only permits an FAR of 0.5. Approval of these two concessions is integral to the proposed project. Apart from the requested concessions, all zoning requirements are met. For the purposes of this environmental analysis, approval of the proposed project is presumed to include approval of the two requested concessions. 1 Fehr & Peers. Final Supplemental Report, Park Plaza Transportation Impact Analysis, April 2009. 2 Fehr & Peers. Final Supplemental Report, Park Plaza Transportation Impact Analysis,October 2010. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -4 - 11.Cumulative Scenario: There are three foreseeable projects that have the potential to occur in the vicinity of the proposed project. These are: ·High Speed Rail. The High Speed Rail Authority is proposing a High Speed Train (HST) extending from San Jose to San Francisco. As proposed, the HST project would add electrified high speed trains along the Peninsula Corridor Joint Powers Board’s (JPB) property adjacent to the 195 Page Mill Road project site. The exact HST design and alignment of the segment that would run adjacent to the propose project has not been finalized. However, to date, possible alternatives include the HST project running at-grade, where the trains run at street level, or in a trench. ·Birch Plaza. This project is a new, three-story building at the Birch Plaza, located on the corner of Birch Street and Grant Avenue (approximately 0.25 miles from 195 Page Mill Road). This project has been approved in concept along with a Mitigated Negative Declaration and rezoning of the site bythe City Council. The proposed development, now scheduled for ARB review, includes underground parking, commercial space at ground floor level and eight residential units on level two and three. The developer is Hohbach RealtyCompany Limited Partnership. ·385 Sherman Avenue Mixed-Use Project. This project would include a new, three-story building over 55,000 square feet at 385 Sherman Avenue (approximately 0.3 miles from 195 Page Mill Road). The first and second floors would be allocated for office and commercial uses, while the third and fourth floors would be for residential uses. There would be two levels of underground parking. This project has an incomplete project application, which has been delayed from further processing for over a year now. The developer is MF Sherman LLC. 12.Surrounding Land Uses and Setting: Location Zone District Existing Use North PF –Public Facility Railroad Tracks East GM (AD) General Manufacturing –Automobile Dealership Combining District Auto sales and service South GM General Manufacturing Offices (AOL and sub tenants) Southwest GM General Manufacturing Law Offices West GM General Manufacturing Vacant 12.Other public agencies whose approval is required: Santa Clara Valley Water District (SCVWD) and the San Francisco Bay Regional Water Quality Control Board (RWQCB) because of possible presence of contaminated groundwater below the site. 13.Date Prepared: May 5, 2011 (Clarifications shown annotated herein were added on June 29, 2011 in Section VIII, Hydrology and Water Quality; and, the June 29, 2011 responses prepared by the City’s environmental consultant (Atkins) to comments made by Robert Moss and Roger Papler are noted as Reference Document P, available for review on the City’s website and provided in the ARB packet). 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -5 - Additional clarifications added August 26, 2011 in response to Planning and Transportation Commission statements and on September 27, 2011 to note the correct file number. 14. Environmental Document Preparers: Atkins (formerly PBS&J) 475 Sansome Street, Suite 2000 San Francisco, California 94111 (415) 362-1500 Carolina Morgan, MS –Project Manager George Burwasser, PG –Senior Scientist Rodney Jeung, AICP, Senior Group Manager Alice Tackett, Senior Scientist, (Hydrologist) Geoffrey Hornek, Senior Scientist (Air Quality) Jackie Ha, Word Processing and Graphics Anthony Ha, Word Processing and Graphics Brad Lane, AICP, Senior Transportation Planner 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -6 - ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentiallyaffected by this project as indicated by the checklist on the following pages: X Aesthetics X Hydrology/Water Quality X Transportation/Traffic Agriculture Resources X Land Use/Planning Utilities/Service Systems X Air Quality Mineral Resources X Mandatory Findings of Significance X Biological Resources X Noise Cultural Resources Population/Housing Geology/Soils Public Services X Hazards & Hazardous Materials Recreation DETERMINATION: On the basis of this initial evaluation, I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATIONpursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ____________________________________________________________ Curtis Williams Date Director of Planning and Community Environment 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -7 - EVALUATION OF ENVIRONMENTAL IMPACTS: 1)A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2)All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3)Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4)“Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). 5)Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration [Section 15063 (3) (D)]. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b)Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6)Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7)Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a projects environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a)the significance criteria or threshold, if any, used to evaluate each question; and b)the mitigation measure identified, if any, to reduce the impact to less than significance 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -8 - CHECKLIST SOURCE REFERENCES: 1.Palo Alto Comprehensive Plan, Adopted July 20, 1998 2.Palo Alto Municipal Code, Title 18 (Zoning Ordinance) 3.Communication with Project Planner, Lata Vasudevan, and reliance on her general knowledge of the project and area of proposed development 4.Park Plaza Plans, Hoover Associates Architects, August 2009 5.BAAQMD CEQA Guidelines, April 1996 (updated 12/99) 6.Alquist-Priolo Earthquake Fault Zoning Map, Palo Alto Quadrangle, Effective July 1,1974 7.State of California Hazardous Waste and Substances Sites List 8.Park Plaza Apartments TIA, Fehr & Peers Associates, Inc., June 2004 9.City of Palo Alto Public Works Engineering Division 10.City of Palo Alto Transportation Division 11.City of Palo Alto Fire Department, December 12, 2008 12.City of Palo Alto Utilities Department 13.Palo Alto Municipal Code, Title 16 (Building Regulations) 14.Hart, E.W., and W.A. Bryant, Fault-Rupture Hazard Zones in California, Alquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zones Maps, California Geological Survey, Special Publication 42, Interim Revision, 2007 15.2007 Working Group on California Earthquake Probabilities, Uniform California Earthquake Rupture Forecast, Version 2, United States Geological Survey, Open File Report 2007-1437, April 2008, pages 66 and 74, http://www.scec.org/ucerf/, Online Version updated April 15,2008 16.Association of Bay Area Governments (ABAG), Liquefaction Hazard Map for Palo Alto/Stanford -Scenario: 1906 San Francisco Earthquake, http://www.abag.ca.gov/cgi-bin/pickmapliq.pl, last modified March 2,2005 17.California Geological Survey, Seismic Hazard Zones Palo Alto Quadrangle Official Map, released October 18, 2006 18.Jo Crosby and Associates, Report of the Geotechnical Investigation for the planned Park Plaza Apartment Complex with a Multipurpose R/D Building, Page Mill Road and Park Boulevard, Palo Alto, California, May 10, 2004 19.Stellar Environmental Solutions, Inc. (SES, Inc.), Site Investigation and Remedy Report, Proposed Development, 195 Page Mill Road & 2865 Park Boulevard, Park Plaza Project, Palo Alto, California, July 2,2008 20.Geologist’s knowledge of project area topography and soils from previous work on more than 40 local projects within 5 miles of proposed development site 21.State of California Department of Conservation “Farmland Mapping and Monitoring Program” on-line at http://www.conservation.ca.gov/dlrp/fmmp/Documents/fmmp2006_11_17.pdf (accessed December 12, 2008) 22.Environmental Scientist’s evaluation of site-specific technical reports, review of published reports and local agency websites, and familiarity with investigation and cleanup of contaminated sites in San Francisco Bay Area and Central Valley. 23.Critical Coastal Areas Program, California’s Critical Coastal Areas State of the CCAs Report, Matadero Creek CCA #88, June 2006. website: http://www.coastal.ca.gov/nps/Web/cca_pdf/sfbaypdf/CCA88MataderoCreek.pdf (accessed on December 10, 2008) 24.Santa Clara Valley Urban Runoff Pollution Prevention Plan, Watershed Monitoring and Assessment Program, Monitoring and Assessment Summary Report, Santa Clara Basin Creeks 2002-2007, September 2007, pp.iv, 26-29, and 34. website: http://www.waterboards.ca.gov/water_issues/programs/tmdl/records/region_2/2008/ref2414.pdf (accessed December 10, 2008) 25.Santa Clara Valley Water District, Groundwater Conditions 2001, Figure 2-4 District In-Stream and Off-Street Recharge Facilities, July 2002, p.15. website: http://www.valleywater.org/media/pdf/GWCondtions2001.pdf (accessed December 10, 2008) 26.Municipal NPDES Permit Provision C.3.c.i.3, “Significant Redevelopment Projects” 27.Association of Bay Area Governments, ABAG Geographic Information Systems: Earthquake Preparedness; Interactive ABAG (GIS) Maps Showing Dam Failure Inundation;Hazard Maps, DamFailure Inundation Areas, June 2004. website: http://gis.abag.ca.gov (accessed December 8, 2008) 28.Treadwell & Rollo, Vapor Mitigation System –Monitoring Plan (Revision 1) Park Plaza Development 195 Page Mill Road Palo Alto, California, June 2,2008 Formatted:Portuguese (Brazil) 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -9 - 29.Hoover Associates, ArchitectureŸPlanningŸInteriors, Park Plaza, 2865 Park Boulevard, 195 Page Mill Road, Palo Alto, CA, Architectural Review Board Resubmittal, March 29,2011 30.California Department of Fish and Game., Natural Diversity Database –RareFind: Version 3.1.0. Data updated November 30, 2008. 31.A list of common “Heritage Trees” can be found on the City’s website: http://www.city.palo-alto.ca.us/ environment/news/details.asp?NewsID=179&TargetID=64. 32.City of Palo Alto,2005 Urban Water Management Plan, December, 2005. 33.California Integrated Waste Management Board, Jurisdiction Profile for City of Palo Alto, available at: http://www.ciwmb.ca.gov/Profiles/Juris/JurProfile1.asp?RG=C&JURID=362&JUR=Palo+Alto, accessed on: December 14, 2008. 34.California Integrated Waste Management Board, Estimated Solid Waste Generation Rates for Industrial Establishments, available at: http://www.ciwmb.ca.gov/WASTECHAR/WasteGenRates/Industrial.htm, accessed on: December 14, 2008. 35.Russell Reiserer, Solid Waste Manager, City of Palo Alto Solid Waste Manager, electronic communication with PBS&J, March 12, 2008. 36.Other checklist items, as referenced. 37.City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Annual Report on City Government Performance, Chapter 3 –Fire, January 2008. 38.State of California Department of Conservation “Farmland Mapping and Monitoring Program” on-line at http://www.conservation.ca.gov/dlrp/fmmp/Documents/fmmp2006_11_17.pdf (accessed December 12, 2008) 39.City of Palo Alto Municipal Code Chapter 18.23.090 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts: Air Quality on-line at http://www.amlegal.com/nxt/gateway.dll/?f=templates&fn=default.htm (accessed December 12, 2008) 40.Environmental Protection Agency “Design Solutions for Vapor Intrusion and Indoor Air Quality,” on-line at http://www.epa.gov/swerosps/bf/facts/vapor_intrusion.pdf (accessed December 12, 2008) 41.California Environmental Quality Act Guidelines, 2008. California Code of Regulations, Title 14, Chapter 3, Section 15064.5 42.California Public Resources Code, Chapter 2.6, Section 21084.1 43.U.S. Code of Federal Regulations, 36 CFR 60 44.U.S. National Park Service, 2008. National Register Information System (federal database of historic properties). Accessed online December 12, 2008 at: http://www.nr.nps.gov/; Office of Historic Preservation, California State Parks, 2008. California Register of Historic Places. Accessed online December 12, 2008 at: http://ohp.parks.ca.gov/ default.asp?page_id=21387; City of Palo Alto, 2008. Palo Alto Historic Inventory. Accessed online December 12, 2008 at: http://www.cityofpaloalto.org/civica/filebank/blobdload.asp?BlobID=3504 45.California Geological Survey, 2006. Geologic Map of California, 1:250,000 scale 46.City of Palo Alto. Section 3.8, Cultural Resources, SUMC Facilities Replacement and Renewal and Stanford Shopping Center Expansion Draft EIR. Publication Date: May 20, 2010. 47.California Government Code, Section 65915, Density Bonuses. No update information available. 48.Charles M. Salter Associates, Inc., Acoustical Study, Park Plaza: 101 Page Mill Road/2865 Park Boulevard Proposed Mixed-Use. June 2004. 49.Rosen, Goldber, Der & Lewitz, Inc. Draft Noise and Vibration Analysis of California High-Speed Rail at 195 Page Mill Road Mixed-Use Project, Palo Alto, CA. RGDL Project# 10-067. January 2011. 50.Palo Alto Fire Department, http://www.pafd.org/profile/index.html, accessed December 12, 2008. 51.City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Annual Report on City Government Performance, Chapter 3 –Fire, January 2008. 52.Dan Firth, Fire Marshal, Palo Alto Fire Department, electronic communication April 13, 2008. 53.Agreement between the County of Santa Clara and American Medical Response –West for Pre-hospital Emergency Medical Care and Transport Services, http://www.sccemsagency.org/SCC/docs/Emergency%20Medical%20Services %20(DEP)/attachments/5.11%20AMR%20Agreement%20-%20Complete.pdf, page 10, accessed May 8, 2008. 54.Palo Alto Architectural Review Board, 2006. Action No.2006-10 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -10 - 55.Treadwell & Rollo,Vapor Mitigation System –Monitoring Plan (Revision 1), Park Plaza Development, 195 Page Mill Road, Palo Alto, California, June 2,2008. Revised October 27,2009 as Vapor Mitigation System –Monitoring Plan (Revision 2), Park Plaza Development, 195 Page Mill Road, Palo Alto, California REFERENCE PLANS –APPENDICES A.Project Location B.Proposed Floor Plans (all levels) C.Proposed Elevations REFERENCE STUDIES AND DOCUMENTS –AVAILABLE FOR PUBLIC REVIEW, UPON REQUEST These reference studies and documents are on file for public review, upon request, at the City of Palo Alto Department of Planning and Community Environment, 250 Hamilton Avenue, as part of the 195 Page Mill Road project files. These documents also are available for review on the City’s website, at http://www.city.palo-alto.ca.us/depts/pln/default.asp D.Design and Narrative for the Passive Soil Venting System, Treadwell & Rollo, July 2, 2008 E.Site Health and Safety Plan, Tucker Engineering, May 27, 2008 F.Soil Management Plan, Tucker Engineering, May 29, 2008 G.Remedial Risk Management Plan, Stellar Environment Solutions, Inc. (SES, Inc.), July 2, 2008 H.Geotechnical Report, Jo Crosby and Associates, May 10, 2004 I.Site Investigation and Remedy Report, Stellar Environmental Solutions, Inc. (SES, Inc.), July 2, 2008 J.Transportation Impact Assessment, Fehr & Peers, May 2006. K.Final Supplemental Report, Park Plaza Transportation Impact Analysis, Fehr & Peers April 2009. L.ParkPlaza Mixed-Use Project Trip Generation and Off-Street Parking Analysis, Fehr & Peers. October 16, 2009. M.ParkPlaza Transportation Impact Analysis, Final Supplemental Report, Fehr & Peers, Rosen, October 2010. N.Charles M. Salter Associates, Inc., Acoustical Study, Park Plaza: 101 Page Mill Road/2865 Park Boulevard Proposed Mixed-Use, May 26, 2004, June 28, 2004, and September 26, 2005. O.Noise and Vibration Analysis of California High-Speed Rail at 195 Page Mill Road Mixed-Use Project, Palo Alto, CA, Rosen, Goldber, Der & Lewitz, Inc. RGDL Project# 10-067. January 2011. P.Responses to Comments from Mr. Bob Moss and Mr. Roger Papler Q.Lapkoff & Gobalet Demographic Research, Inc. District-wide Enrollment Forecasts PAUSD, December 8, 2010 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -11 - Evaluation of Environmental Impacts Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact I.AESTHETICS. Would the project: a)Have a substantial adverse effect on a scenic vista?1, 3, 4 X b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 1, 3 X c)Substantially degrade the existing visual character or quality of the site and its surroundings?1, 3, 4 X d)Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?1, 3, 4 X a)Single family residential uses are on Olive Avenue, approximately 300 feet south of the project site, and multiple family residential uses are on Park Boulevard, approximately 200 feet southeast of the project site. No scenic resources are featured in views from these locations. Other multiple-family residential uses are approximately 200 feet northeast of the project site on the northeastern side of Alma Street. On clear days, the Santa Cruz Mountains are faintly visible to the west from Alma Street.Under existing conditions, these views are partially obstructed by intervening structures and by vegetation along the Caltrain/JPB propertyon the southwest side of Alma Street. Views from this residential area are considered moderately sensitive to alteration or obstruction because views are a component of the existing neighborhood character. Trees proposed by the applicant of 195 Page Mill Road to be planted in the JPB right of way are desired to remain with implementation of the HST project, to provide partial screening of 195 Page Mill from Alma Street. However, the applicant’s agreement with the JPB for planting of trees is on a month-to-month lease. It is not assured that this existing vegetation will remain following development along the rail corridor related to the High Speed Train project. Construction of the proposed project would increase massing in the foreground of views from Alma Street. To break up the massing of the building along the Caltrain propertyand reduce view obstruction from Alma Street, particularly since vegetation on the westerly edge of the JPB property is not assured, City staff suggested massing guidelines and landscape design for the eastern (rear) frontage which have been incorporated in the design of the proposed project. The second and third floor levels have facades at varying setbacks from the rear property line to minimize the perception of massing. The first floor R&D level, which would not be as visible as the second and third floor as viewed from Alma Street, would nonetheless be partially covered with the proposed vines on trellises along the rear façade. In the event that the trees proposed by the applicant in the JPB right –of-way are removed, the rear façade would still have trellised vines to soften its appearance. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -12 - There are no other views from residential areas, public open spaces, or other sensitive vantage points that could be altered or obstructed as a result of the proposed project. Consequently, with application of Mitigation Measure MM-1, the proposed project would haveless-than-significant impacts on scenic vistas. b)The project site does not contain distinctive architectural elements, topographical features, or other scenic resources. Consequently, the proposed project would have no impact on scenic resources. c)The visual character surrounding the project site is generally suburban, characterized by moderate development density. An overpass for Oregon Expressway is approximately 300 feet north of the project site. Office and commercial uses to the south and west of the project site are characterized by solid massing surrounded by surface parking lots and landscaping. Residential uses to the east and southwest of the project site are low to moderate density, characterized by one-to three-story buildings with open space setbacks along front and side facades. Vegetation in the vicinity of the project site is formal and includes landscaped beds and street trees. At a height of approximately39 feet, with architectural elements at a maximum height of approximately 43 feet and an approximately 60 foot tall corner tower element, the proposed design would generallyconform to the massing and setback pattern established by surrounding uses. Building massing, fenestration, rooftop mechanical systems, and architectural details of a proposed building should be designed within the context of the immediate office/industrial neighborhood while respecting the nearby residential neighborhoods. Palo Alto Comprehensive Plan Policy L-48 states:3 Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing. To ensure that the proposed project would comply with this policyand fit the surrounding visual setting, the City requires project review by the City’s Architectural Review Board (ARB),4 which may make recommendations for revisions to a proposed project design. The ARB is an advisory board to the Director of Planning and Community Environment (Director) who considers the ARB’s recommendations and bases his decision to grant Architectural Review approval on the findings stated in PAMC 18.76.050(d). If the Director’s decision is appealed, the City Council reviews the project and decides whether to grant Architectural Review approval. The proposed project plans are substantially the same as an earlier project that was reviewed and recommended for approval by the ARB in July 2007, and although new design revisions may be required as conditions of Architectural Review Approval for this project, the substantial similarities between the two projects generally indicates that the proposed project would result in less-than- significant impacts on visual character. With application of Mitigation Measure MM-1, the proposed project would have less-than-significant impacts on visual character. d)The primary sources of light and glare in the daytime are reflections from glass facades and light colored surfaces. Although a small amount of glare could be expected during the daytime, it would be similar to that created byother nearby buildings. No unusual sources of daytime glare from the project would be expected. 3 City of Palo Alto, 1998. Comprehensive Plan Land Use Element. 4 City of Palo Alto Municipal Code, 2004. Architectural Review, Section 18.76.020 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -13 - Residences along Alma Street are considered to be sensitive to nighttime light and glare. Architectural drawings do not indicate a large number of windows or lighting sources on the rear elevation facing Alma Street; at the time of the ARB’s prior approval of the proposed project, the ARB required that the applicant submit a photometric plan to ensure that lighting levels are appropriate for the site and not detrimental to the surrounding land uses. The photometric plan was reviewed and approved at the ARB hearings held in 2007. The same photometric drawing is presented in conjunction with this proposed project design. Consequently, the proposed project would have less-than-significant impacts on light and glare. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -14 - Residual Impact:Less than significant with mitigation Mitigation Measures: MM-1:Implementation of ARB Recommendations Any Architectural Review conditions of approval, with respect to the design of the proposedproject, shall be incorporated into the final design by the applicant. Cumulative Analysis Cumulative projects in the vicinity of the proposed project involve the construction of the HST project. As proposed, the HST project would add electrified high speed trains along the Peninsula Corridor JPB property adjacent to the 195 Page Mill Road project site. Changes to, or intensification of, rail activity along the right-of-way are not anticipated to affect the 195 Page Mill Road project in any way. The exact HST design and alignment of the segment that would run adjacent to the propose project has not been finalized. However, to date, possible alternatives include the HST project running at-grade, where the trains run at street level, or in a trench. The HST project would primarily result in physical changes to the public right-of-way, consistent with existing transportation infrastructure. The improvements would have minimal effects on the visual character as viewed from the proposed project because either possible alternative (at grade or trench) would not introduce new vertical elements. As such, the continuity of existing streetscapes would be maintained. Though the trees proposed bythe applicant of 195 Page Mill Road to be planted in the JPB right-of-wayare desired to remain with implementation of the HST project, to provide partial screening of 195 Page Mill from Alma Street, the applicant’s agreement with the JPB for planting of trees is on a month-to-month lease. As such, the applicant is proposing trellised vines on the façade so that if the proposed trees in the JPB right- of-way were to be removed, there would still be vegetation to soften the appearance of the first floor rear façade. The two other multi-family residential developments proposed in the vicinity of the 195 Page Mill Road project site would introduce mixed-used development, so 195 Page Mill would not be the only such development type. The proposed project would be subject to MM-1 described above. MM-1 calls for the incorporation of potential conditions of approval with respect to the design of the proposed project, Overall, both the HST and the mixed-used development projects are not expected to adversely affect the visual character of the area of the proposed project,or result in a substantial change in the area’s land use character, substantially damage scenic resources, or create a new source of substantial light or glare. Cumulative impacts to visual character would therefore be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -15 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? 3, 21 X b)Conflict with existing zoning for agricultural use, or a Williamson Act contract?1, 3 X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use. 3 X a-c)The proposed project site is in a developed urban area and not in an area of “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance” as shown on the maps prepared for the Farmland Mapping and Monitoring Program of the California Resources Agency.5 The site is not zoned for agricultural use and is not regulated by the Williamson Act. Consequently, the proposed project would have no impact on agricultural resources. Residual Impact:No impact Mitigation Measures:None required Cumulative Analysis The proposed project would not be located in an area defined as “Prime Farmland”“Unique Farmland,” or “Farmland of Statewide Importance” as shown on the maps prepared for the Farmland Mapping and Monitoring Program of the California Resources Agency.6 Therefore, it would not contribute to cumulative impacts on agricultural resources. No other foreseeable projects, including the HST and the two mixed-used residential projects, would have impacts on agricultural resources. Consequently, the proposed project, in addition to other foreseeable projects, would have no cumulative impacts. 5 State of California Department of Conservation “Farmland Mapping and Monitoring Program” on-line at http://www.conservation.ca.gov/ dlrp/fmmp/Documents/fmmp2004_11_17.pdf (accessed December 12, 2008) 6 State of California Department of Conservation “Farmland Mapping and Monitoring Program” on-line at http://www.conservation.ca.gov/ dlrp/fmmp/Documents/fmmp2004_11_17.pdf (accessed December 12, 2008) 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -16 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact III.AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan?3, 5 X b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation?3, 5 X c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? 5 X d)Expose sensitive receptors to substantial pollutant concentrations?1, 3 X e)Create objectionable odors affecting a substantial number of people? 1, 3 X a-c)Air quality is monitored, evaluated, and regulated by federal, state, and regional regulatory agencies, including the United States Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and the Bay Area Air Quality Management District (BAAQMD). The EPA, CARB, and the BAAQMD develop rules and/or regulations to attain the goals or directives imposed by legislation. Both state and regional regulations may be more, but not less, stringent than federal regulations. The CARB establishes state ambient air quality standards and motor vehicle emission standards, conducts research, and oversees the activities of regional Air Pollution Control Districts and Air Quality Management Districts. Ambient air qualitystandards are established for criteria pollutants, which include ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter, and lead. Reactive organic gases (ROG) and nitrogen oxides (NOX) are regulated as criteria air pollutants because they are precursors to ozone formation. With regard to particulate matter, air quality standards have been adopted for suspended particulate matter less than 10 microns in diameter (PM10) as well as for smaller respirable particles that are 2.5 microns in diameter or less (PM2.5). Under existing conditions, the San Francisco Bay Area air basin, which includes the Cityof Palo Alto, is designated as non-attainment for ozone under both state and federal standards and non-attainment for PM10 under state standards, meaning that the Bay Area does not meet the air quality standards for these air pollutants. The City of Palo Alto uses the BAAQMD thresholds of significance for air quality impacts. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -17 - Construction Impacts The proposed project would involve grading, paving, and landscaping which would have the potential to cause localized dust-related impacts resulting in increases in airborne particulate matter (PM10). Dust-related impacts are considered potentially significant but according to the BAAQMD can be mitigated with the application of standard dust control measures. Although there are no sensitive receptors in the immediate vicinity of the project site (closest residences are 200 feet away), the project would be subject to City Building Department regulations that require approval of adequate dust abatement plans for construction activities prior to the issuance of a building permit.7 The dust abatement plan requirements would be required to comply with the BAAQMD guidance regarding dust control measures, thereby reducing the potential for significant air quality impacts relating to demolition and construction of the project to less than significant. Emissions of NOX and ROG would be generated from operation of construction equipment. Construction projects using typical construction equipment which temporarily emit ozone precursors are alreadyincluded in the emission inventories of state-and federally-required air plans. Consequently, the proposed project would have a less-than-significant impact on attainment and maintenance of air quality standards. Operational Impacts Operational emissions would stem primarily from motor vehicle trips associated with the proposed project. The BAAQMD CEQA Guidelines provide suggestions for screening potential air quality impacts for different land uses. The BAAQMD considers residential projects greater than 510 apartment units, office projects greater than 280,000 gross square feet, retail development greater than 87,000 gross square feet, and other projects which would generate 2,000 or more daily vehicle trips to result in potentially significant vehicular emissions. Vehicular emissions are the primary source of air qualityimpacts associated with these developments. As described in the Transportation/Traffic section of this Initial Study, the project would result in approximately 1,143 net new daily vehicle trips. Because the proposed project would generate less than 2,000 new daily vehicle trips, it does not exceed the BAAQMD’s screening or threshold levels for development that could result in adverse air qualityimpacts. Consequently, the proposed project would have less-than-significant impacts on vehicular emissions. ·Sensitive receptors are defined as children, elderly, or ill people who can be affected adversely by air pollutants. The proposed project includes construction of residential uses, which are considered a sensitive receptor. Project impacts related to exposure of sensitive receptors could include on-site and off-site effects as described below. On-site Impacts As described in the Hazards and Hazardous Materials section, a Site Investigation and Remedy Report was prepared which indicates that the project site is in an area where there is known contamination of the soil and groundwater with volatile organic compounds (VOCs) and petroleum hydrocarbon. Because of this contamination, the proposed project, which includes residential uses, would be at potential risk for vapor intrusion to the building. The Regional Water QualityControl Board (RWQCB) has confirmed that because the measured soil gas concentrations exceed the RWQCB’s Environmental Screening Level (ESL), without mitigation, the project would be at risk for potential vapor intrusion into indoor air. 7 City of Palo Alto Municipal Code Chapter 18.23.090 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts: Air Quality on-line at http://www.amlegal.com/nxt/gateway.dll/?f=templates&fn=default.htm (accessed December 12, 2008) 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -18 - Vapor intrusion is the entry of VOCs to indoor air from underlying contamination, such as may be present in the soil and/or groundwater at the project site. VOCs can disperse easily into small air spaces in soil and underneath structures, such as through foundation cracks, holes in concrete floors, and small gaps around pipes and utility lines. Some vapors, such as VOCs, may enter structures at low contamination levels, and building ventilation systems are used to prevent harmful vapor buildup. VOCs may or may not have a noticeable odor and may be present at levels posing acute or chronic health risks. According to the EPA, steps can be taken before site redevelopment to prevent vapor intrusion.8 Some examples of prevention include ensuring that VOC contamination is removed from the site (and sent to a proper treatment and disposal facility); preventing upward contaminant migration with an impermeable barrier such as a clay cap; and venting soil gas to outdoor air before it can reach indoor spaces. At sites where the source of contamination cannot be completely eliminated through removal, other solutions to vapor intrusion problems can be implemented. Building techniques that serve to provide a vapor barrier between interior spaces and soil (or groundwater) can be combined with structures that provide an escape route for soil vapor to vent to the atmosphere rather than into indoor air. Some ventilation systems operate effectively without the use of energy (passive systems), while others may need connection to a power supply (active systems). It should be noted for indoor air quality monitoring that thepresence of VOCs in indoor air may not necessarily be a result of vapor intrusion because there often is a background or pre-existing level of VOC contamination present from chemical use in the building or from ambient air. As such, it is often difficult to distinguish between contamination attributable to vapor intrusion and contamination from background levels. As noted in Section VII, Hazards and Hazardous Materials, of this Initial Study, the proposed project would implement Mitigation Measure MM-4, which would require the inclusion of a full vapor barrier and the installation of an active vapor collection and venting system underneath the building to mitigate potential soil vapor intrusion, and a monitoring plan to verify positive air flow and monitor for VOCs.9 Implementation of Mitigation Measure MM-4 would reduce the potential for on-site impacts from VOCs to on-site residential and commercial uses to less than significant. Off-site Impacts The project is adjacent to a rail line and to commercial and automotive service uses, and not immediately adjacent to housing or other sensitive receptors. The proposed R&D and residential land uses would not create substantial toxic air contaminant (TAC) concentrations in the area. City development standardsand specific conditions required by the PAMC for project operations would reduce potential negative air quality impacts of the project to nearby sensitive receptors to less than significant. Increases in traffic from the proposed project would contribute to localized CO emissions. The BAAQMD CEQA Guidelines recommends that CO emissions should be estimated when vehicle emissions of CO would exceed 550 pounds or when project traffic would impact intersections operating at Level of Service (LOS)D or worse.As shown in Section XV, Transportation/Traffic, of this Initial Study, the proposed project would 8 Environmental Protection Agency “Design Solutions for Vapor Intrusion and Indoor Air Quality,” on-line at http://www.epa.gov/ swerosps/bf/facts/vapor_intrusion.pdf (accessed December 12, 2008) 9 Treadwell and Rollo, Design and Narrative for the Passive Soil Venting System, June 2, 2008 (available for review on the City’s website as Appendix D of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment) 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -19 - generate approximately 116 net new AM peak hour trips and 131 net new PM peak hour trips each day. Using the intersection with the highest traffic volume, the Foothill Expressway/Page Mill Expressway intersection, a simplified CALINE4 screening model developed by the BAAQMD was used to calculate CO concentrations with implementation of the proposed project. The resulting concentrations were below the federal and state 1-hour standards of 35 ppm and 20 ppm, respectively, and the 8-hour standard of 9 ppm for both state and federal. Because the proposed project would not exceed CO standards, it is considered to have a less-than-significant impact on localized CO emissions at intersections affected by project traffic. Consequently, the proposed project would have less-than-significant impacts on long-term CO emissions. ·The proposed project would consist of commercial and residential uses and an underground parking garage. These uses do not typically create objectionable odors affecting a substantial number of people. The proposed project is not expected to create objectionable odors when the project is complete. Consequently, the proposed project would have no impact related to the creation of objectionable odors. Residual Impact:Less than significant with mitigation Mitigation Measures:See MM-4 under Section VII, Hazards and Hazardous Materials. Cumulative Analysis A cumulative TAC screening analysis was performed to evaluate cumulative TAC exposures to future residents of the proposed project. The analysis is in accord with the screening methodology specified in California Environmental Quality Act Air Quality (CEQA) Guidelines.10 The TAC modeling included all substantial roadways and permitted stationary TAC sources within a 1000-foot zone of influence around the project site, specified by the guidelines. Roadway sources included Alma Street and the Oregon Expressway, which qualify as substantial sources in that theycarry 10,000 or more vehicles per day. A list of permitted stationary sources and their TAC emissions in Santa Clara County was provided by the BAAQMD and a subset of permitted sources within 1000 feet of the project site was identified using this list. Table 1, below, shows the estimated cancer risks, chronic non-cancer hazard indices, and PM2.5 concentrations on the project site for each source, the cumulative effects from all sources, and comparisons with the BAAQMD cumulative TAC significance thresholds. Since by far the largest portion of the cumulative TAC cancer risk is due to particulate TAC emissions from the traffic on Alma Street and the Oregon expressway, Mitigation Measure MM-2 below would reduce cumulative TAC health impacts to the future residents of the proposed project to less than significant through inclusion in the proposed design features of the project’s ventilation system. Residual Impact:Less than significant with mitigation 10 Bay Area Air Quality Management District. June 2010. website: http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Updated-CEQA-Guidelines.aspx, Accessed February 8, 2011. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -20 - Mitigation Measure: MM-2:Indoor Air Filtration A central HVAC (heating, ventilation and air conditioning) shall be installed that includes high efficiency filters for particulates (MERV-13 or higher). The system should operate to maintain positive pressure within the building interior to prevent infiltration of outdoor air indoors. Table 1 Cumulative Screening Analysis Results of TAC Emissions within 1000 Feet of the Project Site TAC Source Cancer Risk (Chance per Million) Non-Cancer Hazard Index PM2.5 Concentration (•g/m3) Roadways Oregon Expressway 69.0 0.050 0.23 lma Street 57.0 0.040 0.19 Permitted Stationary Santa Clara County Roads and Airports Dept. (13265) 2.98 0.006 0 SPRINT, Environ. Health & Safety (16847)a 1.6b 0.001b 0.003b Akins Body Shop, Inc (17770)0 0 0 VikingMotor Body (12140)0 0 0 Google, Inc (19056)0 0 0 Courthouse (19698)a 3.5c 0.001c 0.006c Total Cumulative 134 0.01 0.43 BAAQMD Threshold 100 10.0 0.8 Significant?Yes No No Source:PBS&J, 2011 Notes: a.BAAQMD records indicate that these TAC sources are emergency diesel-powered generators. b.An adjustment factor of 0.12 has been applied to the BAAQMD baseline values to account for TAC dispersion over the 500-foot distance separating this source and the project site. c.An adjustment factor of 0.04 has been applied to the BAAQMD baseline values to account for TAC dispersion over the 1000-foot distance separating this source and the project site 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -21 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact IV.BIOLOGICAL RESOURCES. Would the project: a)Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 30 X b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 1 X c)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 1 X d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 1 X e)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 30, 31 X f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? 1 X a)The project site is in an area that includes an automobile body shop and repair, automobile sales and service, office buildings and vacant land zoned as General Manufacturing (GM). Residential uses are north, east, and southwest of the project site. Virtually all of the natural vegetation at the project site (and surrounding properties) has been replaced by development and ornamental landscaping. Connectivityto natural areas is non-existent, as the project site is surrounded byother urban development and roadways. There is no natural surface water on or adjacent to the project site. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -22 - A query of the California Natural Diversity Database (CNDDB) RareFind Report revealed historic occurrences of four special-status species within the immediate vicinity (one mile) of the project site. ·Alameda song sparrow (Melospiza melodia pusillula) –State Species of Special Concern ·California tiger salamander (Ambystoma californiense) –Federally Threatened, State Species of Special Concern ·Santa Cruz kangaroo rat (Dipodomys venustus venustus) –CNDDB Ranking of G4S1 ·Franciscan onion (Allium peninsulare var. franciscanum) –CNPS List 1B.2 Although these historic occurrences are within one mile of the project site, all natural vegetation at the project site and surrounding properties has been replaced by urban development and ornamental landscaping.Connectivity to natural areas is non-existent, and there is no natural surface water on or adjacent to the project site. There is no viable habitat on or adjacent to the project site to support any of these identified sensitive species. Consequently, the proposed project would have no impact related to special-status species. b, c)Virtually all of the natural vegetation at the project site and surrounding properties has been replaced by urban development and ornamental landscaping. Connectivity to natural areas is non-existent; the project site is surrounded by other development and roadways. There is no natural surface water on or adjacent to the project site, nor are there federally protected wetlands or riparian habitat on or adjacent to the project site.Consequently, the proposed project would have no impactrelated to a sensitive natural community or federally protected wetlands. d)The pre-existing structures on the project site were demolished and all vegetation was removed in August 2007, prior to submittal of the application for the proposed project. The site was used as a construction materials staging and operations area for a nearby Caltrain project at the California Avenue train station and is leased by K.J.Woods Construction Company, Inc. for use as a construction staging area for a sewer line replacement project for the City of Palo Alto. There are two trees adjacent to the rear of the property on a site leased by Sprint Corporation, on the Peninsula Corridor Joint Powers Board property. These trees are not proposed for removal and are not protected trees pursuant to the City of Palo Alto Tree Ordinance (PAMC 8.10). Nonetheless, the proposed project could result in disturbances to nesting birds in these trees. Nesting birds, their nests, and eggs are fully protected by the State Fish and Game Code (Sections 3503, 3503.5) and the Migratory Bird TreatyAct of 1918 (MBTA). Destruction of a nest would be a violation of these regulations, and would be a significant impact. The magnitude of impact would depend on the species affected. Mitigation Measure MM-3, detailed below, would reduce impacts to nesting birds to a less-than-significant level through avoidance of construction activities during the nesting period, or though the completion of focused surveys for nesting birds if construction cannot be avoided during the nesting period. e)The proposed project would not result in the removal of trees and landscaping vegetation. As described in Section IV d), above, all landscaping and trees at the project site have been removed. None of the trees previously on the site included those protected under PAMC 8.10 (Coast Live Oak (Quercus agrifolia), 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -23 - Valley Oak (Quercus lobata), Coast Redwood (Sequoia sempervirens), and “Heritage Trees”).11 Consequently, the proposed project would have no impact related to conflicts with local policies or ordinances protecting biological resources. f)There are no natural communities and no natural habitats located on the project site that would be protected byan approved local, regional, or State habitat conservation plan; virtually all of the natural vegetation on the project site and surrounding properties has been replaced by urban development and ornamental landscaping. Connectivity to natural areas is non-existent; the project site is surrounded by other development and roadways. There is no natural surface water on or adjacent to the project site. Consequently, the proposed project would have no impact related to conflicts with the provisions of an approved local, regional, or State habitat conservation plan. Residual Impact:Less than significant with mitigation Mitigation Measures: MM-3:Protection of Nesting Birds The applicant shall abide by all provisions of Sections 3503 and 3503.5 of the State Fish and Game Code and Migratory Bird Treaty Act of 1918 (MBTA) as published in the Federal Register (Vol.70, No.49; March 15, 2005). Although there is no vegetation on the project site that may contain nesting birds, there may be nesting birds in existing vegetation abutting the proposed project site (e.g., in the Caltrain property). To protect any nesting birds, the proposed project may avoid construction during the nesting period. Alternatively, a qualified wildlife biologist (to be hired by the applicant) shall conduct a survey for nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code in the vicinity of the project site. This survey shall cover all areas that would be disturbed as a result of construction-related activities during the nesting period, and shall include a “buffer zone” (an area of potential sensitivity, beyond the bounds of the proposed project construction area) which shall be determined by the biologist based on his or her professional judgment and experience. This buffer zone may include off-site habitat. This biological survey shall be conducted no more than 14 days prior to the commencement of construction activities. The wildlife biologist shall provide a report to the City promptly detailing the findings of the survey. No construction shall be conducted until this report has been provided to the City and the Cityhas authorized in writing the commencement of construction activities in accord with the biologist’s findings. Cumulative Analysis The proposed project would have minimal impacts on biological resources found in the area. The foreseeable projects in the vicinity of the proposed project, including the HST and the two mixed-used projects, in addition to the proposed project, would also have minimal effects on the biological resources because they 11 A list of common “Heritage Trees” can be found on the City’s website: http://www.city.palo-alto.ca.us/environment/news/details.asp? NewsID=179&TargetID=64 (accessed December 14, 2008) 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -24 - would not impact special-status species, sensitive natural community or federally protected wetlands, conflict with local policies or ordinances protecting biological resources and/or conservation plans. In the event that vegetation contains nesting birds is found on the project site, MM-3, as described above, would reduce the incremental biological impact to less than significant levels. MM-3 calls for the protection of nesting birds during construction by avoiding construction during the nesting season and by conducting a biological survey. Consequently, cumulative impacts to biological resources would be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -25 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact V.CULTURAL RESOURCES. Would the project: a)Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5?1 X b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5?1 X c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?1 X d)Disturb any human remains, including those interred outside of formal cemeteries?1 X a)The project site is not included on the City of Palo Alto’s Historic Inventory, the California Register of Historic Landmarks, or the National Register of Historic Places.12 There are no existing structures at the project site, although this site was formerly developed. The site is not associated with anysignificant events in history, broad patterns of events, or people. Consequently, the proposed project would have no impact on historic resources according to the standards of the CEQA Guidelines and applicable laws and regulations. b, d)The Palo Alto area was inhabited by indigenous people for many centuries prior to the arrival of the first Europeans. Archaeological resources and/or human remains have been found on occasion within the City. Discoveries of the “Stanford Man” skeleton near San Francisquito Creek indicate a human presence in Palo Alto as early as 7,600 years ago.13 Over 50 archaeological surveys have been conducted in Palo Alto in association with specific projects, but no systematic citywide survey aimed at locating all sites has been undertaken. There may still be undiscovered archaeological resources in many parts of the City. Such resources are most likely to occur near the original locations of streams and springs and northeast of El Camino Real near old tidelands.14 Nonetheless, it should not be assumed that sites of archaeological resources are limited to these areas. The archaeological sensitivity map in the Palo Alto Comprehensive Plan identifies the project site as an area of “moderate sensitivity” for archeological resources because of the site’s proximityto the San Francisco Baylands and nearby creeks.15 The 1998-2010 Palo Alto Comprehensive Plan Update EIR16 specified mitigation states: 12 U.S. National Park Service, 2008. National Register Information System (federal database of historic properties). Accessed online December12,2008 at: http://www.nr.nps.gov/; Office of Historic Preservation, California State Parks, 2008. California Register of Historic Places. Accessed online December 12, 2008 at: http://ohp.parks.ca.gov/default.asp?page_id=21387; City of Palo Alto, 2008. Palo Alto Historic Inventory. Accessed online December 12, 2008 at: http://www.cityofpaloalto.org/civica/filebank/blobdload.asp?BlobID=3504 13 City of Palo Alto Comprehensive Plan, 1998. Land Use Element, p. L-39 14 City of Palo Alto Comprehensive Plan, 1998. Land Use Element, p. L-39 15 City of Palo Alto Comprehensive Plan, 1998. Land Use Element, Map L-8 16 City of Palo Alto, 1998. 1998-2010 Palo Alto Comprehensive Plan Update EIR, p. 352 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -26 - The areas shall be subject to surface survey and/or subsurface probing if (a) the area is unimproved land, (b) the project will entail excavation more than five feet below the existing grade on unimproved land, or (c) mass grading is anticipated for large commercial, transportation, or utility projects. The project would entail excavation of one level of underground parking to a depth of 15.4 feet. The project site was developed previously and subsurface disturbance probably extended to a depth of at least 5 feet. Consequently, subsurface probing for archeological artifacts probably would be ineffective and is not considered necessary prior to construction of the proposed project. If approved, the project would contain conditions of approval in the form of instructions in the case of the discovery of any cultural resources during construction. The following standard condition would reduce potential impacts to a less-than- significant level. If any archaeological or human remains are encountered during grading and construction activities, construction shall cease and the Santa Clara County Medical Examiner’s office shall be notified to provide proper direction on how to proceed. If any Native American resources are encountered during construction, construction shall cease immediately until a Native American descendant, appointed bythe Native American Heritage Commission of the State of California, is able to evaluate the site and make further recommendations and be involved in mitigation planning. The Director of Planning and Community Environment will decide the significance of an archaeological discovery and necessary mitigation measures. With application of this standard condition, impacts associated with the residual potential that Native American artifacts could be uncovered and destroyed during construction of the proposed project would be less than significant. No humanremains have been encountered at the project site, and it is unlikelythat human remains would be encountered during ground-disturbing activities. Human burials, apart from being potential archaeological resources, have specific provisions for treatment in Section 5097 of the California Public Resources Code and Sections 7050.5, 7051, and 7054 of the California Health and Safety Code. If unanticipated human remains are discovered during construction, the applicant would be required to comply with those regulations. With application of the standard condition indicated above, impacts associated with the disturbance of human remains would be less than significant. c)The entire Bay Area is considered to be rich in paleontological resources, and there have been significant finds in Palo Alto. Paleontological resources found in the City include a large mastodon tusk in the bank of San Francisquito Creek, the upper limb of a giant bison, and individual skeletal elements. Although a review of the Geologic Map of California suggests that there is limited potential for the occurrence of fossils at the project site,17subsurface prehistoric creek beds containing paleontological resources have been found within a one-mile radius.18 The Palo Alto Comprehensive Plan and 1998-2010 Palo Alto Comprehensive Plan Update EIR do not address paleontological resources specifically, but the mitigation specified in the Comprehensive Plan Update EIR for moderatelysensitive archeological resource areas also can be applied to 17 California Geological Survey, 2006. Geologic Map of California, 1:250,000 scale 18 City of Palo Alto. Section 3.8, Cultural Resources, SUMC Facilities Replacement and Renewal and Stanford Shopping Center Expansion Draft EIR. Unpublished as of date of Notice of Completion for the proposed project 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -27 - paleontological resource areas. As with archeological resources, subsurface probing for fossils in previously disturbed ground probablywould be ineffective and is not considered necessaryprior to construction of the proposed project. If approved, the project would contain conditions of approval in the form of instructions in the case of the discovery of any paleontological resources during construction. The following standard condition would reduce potential impacts to a less-than-significant level. If any paleontological resources are encountered during grading and construction activities, construction shall cease and the Director of Planning and CommunityEnvironment’s office shall be notified to provide proper direction on how to proceed. The Director of Planning and Community Environment will decide the significance of any paleontological discovery and necessary mitigation measures, using City staff or outside consultants paid for by the applicant. With application of this standard condition, impacts on paleontological resources would be less than significant. Residual Impact:Less than significant Mitigation Measures:None required Cumulative Analysis Because the Palo Alto area was inhabited by indigenous people for many centuries prior to the arrival of the first Europeans, archaeological resources and/or human remains have the potential to be present in the vicinity of the proposed project. Archaeological resources are unique and non-renewable members of finite classes, and all adverse effects or negative impacts erode a dwindling resource base. Federal, State, and local laws protect archaeological resources in most instances. The following standard condition would reduce potential impacts of the proposed project to a less-than-significant level. If any archaeological or human remains are encountered during grading and construction activities, construction shall cease and the Santa Clara County Medical Examiner’s office shall be notified to provide proper direction on how to proceed. If any Native American resources are encountered during construction, construction shall cease immediately until a Native American descendant, appointed by the Native American Heritage Commission of the State of California, is able to evaluate the site and make further recommendations and be involved in mitigation planning. The Director of Planning and CommunityEnvironment will decide the significance of an archaeological discovery and necessary mitigation measures using Citystaff or outside consultants paid for bythe applicant. With implementation of this standard condition, cumulative impacts on cultural resources as a result of the proposed project, in addition to other foreseeable projects, would be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -28 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact VI.GEOLOGY AND SOILS. Would the project: a)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to California Geological Survey Special Publication 42. 1, 6, 13, 14 X ii)Strong seismic groundshaking?1, 6, 13, 15 X iii)Seismic-related ground failure, including liquefaction?1, 6, 13, 16, 17 X iv)Landslides? 1, 13, 19, 20 X b)Result in substantial soil erosion or the loss of topsoil?1, 13 X c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? 1, 13, 18, 19 X d)Be located on expansive soil, as defined in Section 1802.3.2 of the 2007 California Building Code, creating substantial risks to life or property? 1, 13, 18, 19 X a)Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 19, 20 X A geotechnical report, dated May 10, 2004, was prepared by Jo Crosby and Associates. A copy of the geotechnical report is available for review on the City’s website as Appendix H of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. A site investigation and remedy report dated July2, 2008 was prepared by SES,Inc. and included a vapor mitigation system and monitoring plan prepared by Treadwell & Rollo, dated June 2, 2008. A copy of the site investigation report and the Treadwell & Rollo report are available for review on the City’s website as Appendix I and Appendix D, respectively, of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -29 - a)i.The entire state of California is geologically active. The City of Palo Alto is in the San Andreas Fault System, which is approximately 44 miles wide in the Bay Area -an area that is very seismically active. The San Andreas Fault, long considered one of the major seismic risks in California, passes though the City approximately 5.5 miles southwest of the project site. The project site is not in a designated Alquist-Priolo Earthquake Fault Zone and no known faults trend toward or cross the project site. Consequently, the proposed project is not expected to expose people or structures to potential substantial adverse effects caused by the rupture of a known fault. Although fault rupture is very unlikely, it is theoretically possible, given the large number of fault traces in the San Andreas Fault System. No structure for human occupancymay knowingly be built across the trace of an active or potentiallyactive fault and the Alquist-Priolo Earthquake Fault Zoning Act of 1972 provides for special seismic design considerations if developments are planned in areas adjacent to active or potentially active faults.19 All new construction, including the proposed project, must comply with the provisions of Title 16 (Building Regulations) of the PAMC, which is based on the most current (2010) California Building Code (CBC). The CBC regulations account for the proximityof projects to earthquake faults. The Municipal Building Regulations are directed at reducing seismic risk and preventing loss of life and property in the event of an earthquake. Consequently, the project would result in a less-than-significant impact related to potential fault rupture. ii.The Comprehensive Plan states that the San Andreas Fault is capable of producing a Magnitude 8.4 earthquake that would cause very violent groundshaking in much of Palo Alto. Historically, the Bay Area has experienced large, destructive earthquakes in 1838, 1868, 1906, and 1989. The faults considered most likely to produce large earthquakes in the area include the San Andreas, San Gregorio, Hayward, and Calaveras faults. The San Gregorio fault is approximately 18 miles southwest of the site. The Hayward and Calaveras faults are approximately 12 and 16 miles northeast of the site, respectively. In the future, the subject property will experience groundshaking during moderate and large magnitude earthquakes along the San Andreas or other active Bay Area fault zones. The Working Group On California Earthquake Probabilities, a panel of experts convened periodicallyto estimate the likelihood of future earthquakes based on the latest science and information, concluded there is about a 63 percent mean probability for at least one earthquake of Magnitude 6.7 or larger in the BayArea before 2032.20 The San Andreas Fault has the second highest likelihood of generating a large earthquake in the Bay Area, estimated as a 21 percent mean probability of a Magnitude 6.7 or larger earthquake by 2032; the Hayward fault has the highest likelihood of generating a similar event (31 percent). Development of the proposed project would be required to comply with construction standards and seismic design criteria contained in the 2010 CBC. Chapter 16 of the Building Code deals with Structural Design requirements governing seismically resistant construction, including (but not limited to) factors and coefficients used to establish seismic site class and seismic occupancy category for the soil/rock at the building location and the proposed building design. Chapter 18 of the Building Code includes (but is not limited to) requirements for foundation and soil investigations (Section 1802); excavation, grading, and fill (Section 1803); allowable load-bearing values of soils (Sections 1804); and the design of footings, foundations, and slope clearances (Section 1805), retaining walls (Section 1806), and pier, pile, driven, and cast-in-place foundation support systems (Sections 1808, 1809 &1810). Chapter 33 of the Building Code includes (but is not limited to) requirements for safeguards at work sites 19 Hart and Bryant,2007 20 2007 Working Group,2008 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -30 - to ensure stable excavations and cut or fill slopes (Section 3304). Appendix J of the Building Code includes (but is not limited to) grading requirements for the design of excavations and fills (Sections J106 &J107) and for erosion control (Section J110). Although the potential for seismic groundshaking to occur at the project site is unavoidable, the risk of excessive, permanent damage to the buildings is anticipated to be relativelyminor because the structural design would be required to adhere to 2010 CBC standards. Consequently, groundshaking hazards are considered a less-than-significant impact. iii.The goal of Policy N-51 of the Comprehensive Plan is to “Minimize exposure to geologic hazard, including slope stability, subsidence, and expansive soils, and seismic hazards including ground shaking, fault rupture, liquefaction, and land sliding.” Because the project site is in a seismicallyactive region, there is a potential for seismic-related ground failure at the site. The Association of Bay Area Governments (ABAG) Earthquake Liquefaction Hazard Map shows that the potential for liquefaction at the project site is moderate to high and the California Geological Survey (CGS) Seismic Hazard Zone Map indicates the site is in an area where liquefaction investigation would be required.21,22 Chapter 18 of the Building Code requires that before construction of a proposed project, a site-specific soils report must be prepared that identifies any potentially unsuitable soil conditions (such as expansive, liquefiable, or compressible soils) and contains appropriate recommendations for foundation type and design criteria, including provisions to reduce the effects of expansive soils. The recommendations made in the soils report for ground preparation and earthwork are required by the BuildingCode to be incorporated in the construction design. The soils evaluations must be conducted by registered soil professionals, and the measures to eliminate inappropriate soil necessaryconditions must be applied. The City requires the excavation plans and specifications be reviewed for approval by the City Engineer (which may include further review and approval of a licensed geotechnical engineer) prior to issuance of an excavation and grading permit. The City requires the construction plans and specifications be reviewed for approval by the Building Division prior to issuance of a building permit. Overseeing compliance with the approved permit is the responsibility of the City’s Building Division and is conducted through site visits and contractor reports. The May 10,2004 Jo Crosbyand Associates geotechnical report documents the investigations performed and presents the required information and recommendations in the sections entitled, ‘Underground Parking Excavation, Foundations, Retaining Walls, and Slab-on-Grade’. The Cityinspectors would verify implementation consistent with the Crosby report or consistent with updated recommendations of a licensed geotechnical engineer, based on conditions found at the time of excavation or construction. Through application of these recommendations and compliance with the Building Code, risk from seismic events, including liquefaction, would be reduced to an acceptable level for a seismically active area. Consequently, seismic-related ground failure hazards are considered a less-than-significant impact. iv.The project site is about 27 feet above mean sea level and has no discernible slope. Because the project site is not a steep or unstable slope and does not have an irregular surface, natural slope instability is not a concern. Construction of the proposed project would involve removal of existing surface material and underlying fill and soil materials for the excavation of one level of underground parking to the depth of 21 ABAG, 2005 22 California Geological Survey, 2006 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -31 - 15.4 feet below ground surface (bgs). Excavation wall stability would be regulated by Chapter 33 of the CBC, as adopted into the PAMC. Consequently, because of the required code compliance of the grading activities, there would be no impact from landslide hazard. b)No other changes to the site topography would occur as a result of the proposed project. Grading activity would be limited to the soil removal for the construction of the underground-parking garage. Nonetheless, earth-disturbing activities associated with project construction have the potential to increase erosion if proper sedimentation and erosion control methods are not in place during construction. Section J110 of Appendix J of the 2010 CBC, as adopted bythe City, contains requirements for the design of erosion control systems. Because one of the major effects of loss of topsoil is sedimentation in receiving waters, erosion control standards are set by the RWQCB through administration of the National Pollutant Discharge Elimination System (NPDES) permit process for storm drainage and construction site discharge. The NPDES permit requires implementation of nonpoint source control of runoff through the application of a number of Best Management Practices (BMPs). These BMPs are designed to reduce the amount of constituents, including eroded sediment, that enter streams and other water bodies. The City has incorporated the Municipal NPDES Permit conditions into its Urban Runoff Management Plan and Municipal Code, including numeric sizing criteria for pollutant removal treatment systems. A Storm Water Pollution Prevention Plan (SWPPP) for individual projects greater than one acre, as required bythe RWQCB, must describe the stormwater BMPs (structural and operational measures) that would control the quality (and quantity) of stormwater runoff. The City’s Public Works Department is responsible for reviewing the SWPPP and the NPDES-required BMPs and notifying the applicant of omissions prior to issuance of a grading permit. A project-specific Soil Management Plan (SMP) has been developed for the excavation and construction phases of project implementation (see Appendix G of the SES, Inc.2008 report; the SMP also is available for review on the City’s website as Appendix F of this Initial Study or upon request at the Cityof Palo Alto Department of Planning and Community Environment). The City requires the SMP be reviewed for approval by the Public Works Department prior to issuance of a grading permit. Overseeing compliance with the approved permit is the responsibilityof the City’s Division of Building Inspection and is conducted through site visits and contractor reports. Soil erosion potential after construction would be controlled by implementation of approved landscape and irrigation plans. Although some potential forerosion exists, the risk of uncontrolled erosion and sedimentation is anticipated to be relatively minor because the SWPPP and BMPs would be required to adhere to the standards set by the NPDES Permit and Appendix J, Grading, 2010 CBC standards. A final grading and drainage plan for the project would be subject to the approval of the Public Works Department prior to the issuance of a building permit. The combined application of standard grading, drainage, and erosion control measures, as part of the approved grading and drainage plan, and the recommendations from the Geotechnical Report is expected to maintain anygrading-related impacts at a less–than-significant level. Consequently, erosion hazard is considered a less-than-significant impact. Erosion and sedimentation issues are addressed more fully in Section VIII, Hydrology and Water Quality, of this Initial Study. c, d)At the south corner of the site, the ground surface is a thin veneer of topsoil underlain by dark brown to black silty clay extended to a depth of 10 feet below the ground surface (bgs). The claygrades downward 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -32 - into a 2-foot-thick layer of clayey sand, below which is 9 feet of light brown silty clay extending from 13 to 22 feet bgs. At least 2 feet of water-bearing sandy gravel is below the light brown silty clay.23 On the southeast side of the site, gravelly clay (probably fill) extends to a depth of 5 feet bgs. The fill is underlain by clayey fine sand to 14 feet bgs. Below the clayey fine sand is clayey silty gravel extending to 24 feet bgs. The gravel unit contains a blue-green discoloration and fuel odor at the groundwater interface between 21 and 22 feet bgs.24 At the north corner of the site the ground surface is about 2 feet of gravel base course (structural fill placed on areas to be paved) underlain by2.5 feet of dark brown silty clay. The clay is underlain byat least 7.5 feet of light brown silty gravel containing brick fragments, indicating the entire sequence is fill.25 The clays are soft and plastic; the sand is firm except where the clay content is high; and the gravel compact with clasts less than an inch in diameter.26 Expansion potential is expected to be quite variable from one of these geologic units to another, but plastic clays tend to be more expansive than sand or gravel. The geotechnical investigation recommended removal and recompaction or replacement of existing fills unsuitable for foundation support. Building on unsuitable soils would have the potential to create future liquefaction, subsidence, or collapse problems leading to building settlement and/or utility line disruption. When weak soils are replaced or re-engineered specifically for stability prior to use, these potential effects can be reduced to an acceptable level or eliminated. An acceptable degree of soil stability can be achieved for expansive or compressible soils by incorporation of soil treatment programs (replacement, grouting, compaction, drainage control, etc.) in the excavation and construction plans to address site-specific soil conditions. The City requires the excavation plans and specifications be reviewed by the Public Works Department (which may include further review and approval by a licensed geotechnical engineer, hired by the City at the applicant’s expense) prior to issuance of an excavation and grading permit. Overseeing compliance with the approved permit is the responsibility of the City’s Building Division and Public Works Department and is conducted through site visits and contractor reports. The identification and treatment of expansive soils would be required to comply with the provisions of Chapter 18 of the CBC, which specifies the requirements for foundation and soil investigations; excavation, grading, and fill; and the design of footings and foundations.Consequently, the potential effects of expansive soils on the foundation of the proposed project would be a less-than-significant impact. At the time of drilling by SES, Inc. (December 2007), groundwater was encountered in the three previously described areas of the site between 20 and 24 feet bgs. Along the southwest side of the site groundwater was encountered between 24 and 32 feet bgs. Groundwater flow direction as indicated byprevious investigations is north-northeast, toward the Oregon Expressway-Page Mill Road underpass pumping station, which is discharged into Matadero Creek. Water table contours provided bySecor for Hewlett-Packard-Varian (HP- Varian) in June 2006 (reproduced in SES,Inc., 2008) indicated the water table in the south corner of the site was about 12 to 13 feet above sea level (about 16 to 15 feet bgs), dropping to about 9 to 10 feet above sea 23 SES, Inc., 2008, p. 6 24 SES, Inc., 2008, p. 6 25 SES, Inc., 2008, p. 6 26 SES, Inc., 2008, p. 6 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -33 - level (about 18 to 17 feet bgs) in the north corner of the site.27 As described in Section VII.a,b), Hazards and Hazardous Materials, of this Initial Study, groundwater at the project site is in a partially confined condition because the deep claylayer acts as an aquitard (material that substantially reduces the transmission of water). This is a factor in explaining the various groundwater levels encountered at the project site and a cause of water rising in the boreholes. Damaging liquefaction can occur at depth if the water table is within about 50 feet bgs in pockets of fine- grained, uniformly sized sand, such as can exist in the alluvial deposits underlying the project site: conditions such as depth to water table, uniformityof grain size, and mix of grain size can varydramatically within alluvium. The combination of saturation and grain-size conditions conducive to liquefaction do not appear to exist in the near surface materials investigated at the project site. The City requires the excavation plans and specifications be reviewed for approval by the City’s Public Works Department (which may include further review and approval of a licensed geotechnical engineer hired by the City at the applicant’s expense) prior to issuance of an excavation and grading permit. Overseeing compliance with the approved permit is the responsibilityof the City’s Public Works Department and Building Division and is conducted through site visits and contractor reports. The identification and treatment of potentially liquefiable soils would be required to comply with the provisions of Chapter 18 of the CBC. Consequently, the potential effect of soils that could liquefyand/or spread laterally would be a less-than -significant impact. The depth of excavation for the removal of existing fill and soil materials and the construction of the underground parking level are projected to extend to 15.4 feet bgs. During the past two years of site investigation by Secor and SES,Inc., the water table has been below this level, but it is subject to fluctuation with rainfall, landscaping, and drainage.28 As such, there is a possibility the excavation could encounter groundwater. If groundwater were encountered during project excavation, dewatering of the pit might be necessary. The dewatering would be required to comply with Chapter 33 of the CBC, which specifies the safety requirements to be fulfilled for sitework, including the protection of adjacent structures from damage during excavation. This protection includes the prevention of subsidence of pavement or foundations caused by dewatering. As a condition of project approval, the City may require a dewatering plan that would be reviewed for approval by the City’s Public Works Department (which may include further review and approval of a licensed geotechnical engineer hired by the City at the applicant’s expense) prior to issuance of an excavation and grading permit (see Mitigation Measure MM-3 in Section VII, Hazards and Hazardous Materials and Mitigation Measure MM-5 in Section VIII,Hydrology and Water Quality of this Initial Study). Overseeing compliance with the approved permit is the responsibility of the City’s Public Works Department and the Building Division and is conducted through site visits and contractor reports. Compliance with these requirements would ensure the proposed project would have a less-than-significant impact associated with soil or slope instability related to subsidence, liquefaction, or collapsible soils. e)The project would not involve the use of septic tanks or alternative waste-water disposal systems. Sewer mains are available to the site and would be used for wastewater disposal. Consequently, there would be no impact related to the capability of the soil to support septic tanks or alternative disposal systems. Residual Impact:Less than significant. Implementation of the construction techniques and recommendations contained in (a) the Geotechnical Report by Jo Crosby & Associates, dated May10, 2004, (b) 27 SES, Inc., 2008, p.8 28 SES, Inc., 2008, p. 1 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -34 - the Site Investigation and RemedyReport bySES,Inc., dated July2,2008 (including the Soil Management Plan by Tucker Engineering, dated May 29,2008, (c) the Health and SafetyPlan by Tucker Engineering, dated May 29,2008, and (d) the Vapor Mitigation System – Monitoring Plan (Revision 1) byTreadwell & Rollo, dated June 2, 2008) would be required by the City’s Municipal Code, the RWQCB, the Air Resources Board, and/or the Santa Clara ValleyWater District. The City’s Public Works Department and Building Division would review the project applications and supporting documentation for compliance with the Municipal Code prior to issuing permits for excavation or construction. Overseeing compliance with the approved permits with respect to special issues described herein related to hazards would be the responsibility of a qualified consultant (a third party inspection service) retained by the City at the applicant’s expense. Overseeing compliance with approved permits in other respects is the responsibility of the City’s Building Official or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater. Implementation of the recommendations contained in these reports and the review bythe City of Palo Alto would maintain geological impacts at a less-than-significant level. As a condition of project approval, the Citywould require a dewatering plan prior to issuance of an excavation permit (see Mitigation Measure MM-4 in Section VII, Hazards and Hazardous Materials and Mitigation Measure MM-6 in Section VIII, Hydrology and Water Quality), which would ensure that geological impacts remain at a less-than-significant level. Mitigation Measures: None required. As explained in the preceding paragraph, the project’s inclusion of the geotechnical, site remediation, soil management, health and safety, and vapor intrusion mitigation and monitoring recommendations is required bythe City, the RWQCB, and/or the SCVWD. As a consequence of these legal requirements being part of the project design, the respective geology and soils impacts would be rendered less than significant. As a condition of project approval, the City would require a dewatering plan prior to issuance of an excavation permit (see Mitigation Measure MM-4 in Section VII,Hazards and Hazardous Materials and Mitigation Measure MM-6 in Section VIII, Hydrology and Water Quality). Cumulative Analysis The geographic context for the analysis of cumulative impacts resulting from geologic hazards is generally site-specific, because each project site has a different set of geologic considerations that would be subject to specific site-development and construction standards. As such, the potential for cumulative impacts to occur is geographically limited for most geology and soils impact analyses. Locally, the two mixed-used development projects would be in the same geologic unit (Holocene floodplain deposits) as the 195 Page Mill Road project, although not on adjacent parcels. Floodplain deposits are unconsolidated and highly variable over short distances, making each parcel a site-specific case. The HST project would occupy the Caltrain corridor adjacent to the 195 Page Mill Road project site. Irrespective of the vertical profile of the HST project (tunnel, trench, and/or embankment), it would be physically and structurally isolated from surrounding development. It also would be founded in the same geologic unit as the 195 Page Mill Road project. In general, similar nearby projects on floodplain deposits would react similarly to geologic forces 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -35 - and they would be expected to have similar impacts on the geologic unit, but the reaction and impacts at one site would not contribute to, or multiply, the effects at the other sites. The safety of the adjacent HST project construction and operation would be regulated by the State of California through the Authority and by the Federal Railroad Administration (FRA), the federal agency responsible for the safetyof construction and operation of all rail systems in the country. The Authority and the FRA would require the HST project to adhere to the regulations set bythe FRA’s Track SafetyStandards (Code of Federal Regulations, Title 49, Part 213) and the construction standards and material specifications recommended in the American Railway Engineering and Maintenance-of-Way Association’s Manual for Railway Engineering, therebyensuring that the structural stability of the HST project would not affect or be effected by adjacent or nearby development (i.e., would not cumulate with other projects). In common with the rest of California, Palo Alto is in a seismically active area and is subject to risk of damage to persons and property as a result of seismic groundshaking. Building in California is strictly regulated by the CBC, as adopted and enforces by each jurisdiction, to reduce risks from seismic events to the maximum extent possible. New buildings and facilities in the City are required to be sited and designed in accordance with the most current geotechnical and seismic guidelines and recommendations to reduce the risk of fault rupture. With adherence to the Building Code and related plans, regulations, and design and engineering guidelines and practices, the project would not make a cumulativelyconsiderable contribution to any potential cumulative impact arising from fault rupture. Therefore, the project’s cumulative impact would be less than significant. Impacts associated with potential geologic hazards related to groundshaking and seismic-related ground failure also could occur at individual building sites, but these effects would be site-specific, and impacts would not be compounded by additional development. Individual projects must complywith the provisions of all applicable codes and regulations and building plans must conform to the most current seismic safety design guidelines set forth in the CBC. Therefore, each project, including the proposed project, would not make a cumulatively considerable contribution to any potential cumulative impacts of strong seismic groundshaking. Therefore, the project’s cumulative impact would be less than significant. Additionally, development of other cumulative projects in the vicinity of the proposed project site could similarly expose soil surfaces and further alter soil conditions. However, the proposed project and other cumulative projects must be in compliance with applicable Building Code and NPDES permit requirements. As part of the NPDES permit requirements, it would implement and maintain the BMPs required by individual project SWPPPs. As such, the project’s contribution to any potential cumulative impact related to soil erosion would have a less than cumulatively considerable. As with seismic groundshaking impacts, the geographic context for analysis of impacts on development from unstable soil conditions, including landslides, liquefaction, subsidence, collapse, expansive or corrosive soils, or soils incapable of supporting alternative wastewater disposal systems, is site-specific. Because all development projects would be required to implement appropriate design and construction measures, each project, including the proposed project, would not make a cumulatively considerable contribution to any potential soil instability. The project’s cumulative impact would be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -36 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a)Create a significant hazard to the public or the environment through the routing transport, use, or disposal of hazardous materials? 18, 19, 28, 29 X b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 18, 19, 28, 29 X c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 1 X d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 18, 19, 28, 29 X e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 1 X f)For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working the project area? 1 X g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 11 X h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 11 X A geotechnical report, dated May 10, 2004, was prepared by Jo Crosby and Associates. A copy of the geotechnical report is available for review on the City’s website as Appendix H of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. A site investigation and remedy report dated July2, 2008 was prepared by SES,Inc. and included a vapor mitigation system and monitoring plan prepared by Treadwell & Rollo, dated June 2, 2008. A copy of the site investigation report and the Treadwell & Rollo report are available for review on the City’s website as Appendix I and Appendix D, respectively, of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -37 - a, b) As explained in the Project Description, the proposed project would include the construction of a three story building containing R&D space on the ground floor, two upper levels of residential units, and one level of underground parking. Construction Excavation for the subterranean level would reach a depth no more than 15.4 feet below the ground surface (bgs).29 A groundwater plume containing volatile organic compounds (VOCs) was detected at the project site in the first water-bearing unit (a partially confined aquifer) at least 20 feet bgs.30 Residual VOCs were detected in the soil vapor31 between 15 and 16 feet bgs.32 Levels of trichloroethylene (TCE), tetrachloroethylene (PCE), cis-1,2-dichlorethylene (cis-1,2-DCE), and total extractable hydrocarbons-diesel to gasoline range (TEHd, TEHg) in the groundwater exceeded the regulatory Environmental Screening Levels (ESLs) for a Drinking Water Resource, but onlyTEHg exceeded the ESL for a Non-drinking Water Resource.33 Of the VOCs detected in the soil-vapor, TCE, PCE, and 1,1-dichlorethylene (1,1-DCE) exceeded their respective ESLs.34 According to the site investigation and remedyreport, the VOCs originate from an off-site upgradient source known as the Hewlett-Packard-Varian (HP-Varian) plume. The chlorinated VOCs detected in the plume beneath the project site are the same compounds associated with the HP-Varian plume, which is known to extend as far as the Caltrain easement, adjacent to the project site on the northeast, and beyond Page Mill Road, adjacent to the project site on the northwest.35 Groundwater remediation and monitoring systems are in operation at several sites associated with the sources contributing to the HP-Varian plume including 611 Hansen Way (overseen by the California Department of Toxic Substances Control), 1501 Page Mill Road, and the California-Olive-Emerson (COE) plume at 640 and 395 Page Mill Road and 601 South California Street (all overseen by the RWQCB).36 The closest of the upgradient remediation sites is 395 Page Mill Road about 500 feet south-southeast of the project site. In June 2009, Hewlett-Packard’s groundwater remediation consultant field checked the location of HP- Varian monitoring wells relative to the staked location of the proposed excavation at the project site to verify that the wells would not be affected by the excavation. No wells are on the propertyof the proposed project. One well is 2.5 feet outside the property line of the project site and another well is16 feet outside the property line. The wells would be protected from damage during excavation by the shoring to be used at the perimeter of the site to protect the Sprint building adjacent to the project site. All earth-moving equipment would be confined to the project site.37 29 a) Hoover, 2008, ss. C2, A3.3 b) SES, Inc., 2008, p. 1 30 SES, Inc., 2008, pp. 4, 6, 10, 17, 18 31 Soil vapor is the gas that is held in pore spaces between soil particles. It can originate from volatilizing hydrocarbon seeping into the soil from a contaminated groundwater plume. 32 SES, Inc., 2008, p. 22 33 SES, Inc., 2008, pp. 10, 11 34 SES, Inc., 2008, pp. 14, 16 35 SES, Inc. 2008, pp. 17-19, 23, 29 36 Electronic mail post –From: Janet Naito (California Department of Toxic Substances Control) Sent: Monday, June 01, 2009 9:20 AM To: Lata Vasudevan (City of Palo Alto) Cc: Laura Kaweski (Department of Toxic Substances Control); Michelle Puljiz (Department of Toxic Substances Control); Roger Papler (Regional Water Quality Control Board) Subject: Park Plaza Project (SCH# 2009042104) 37 James R. Janz, Sideman & Bancroft, LLP, letter to Lata Vasudevan, Contract Planner, City of Palo Alto, June 5, 2009 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -38 - The SES, Inc., 2008 site investigation associated the hydrocarbon contamination with former on-site sources: an underground fuel storage tank that was closed formallywith regulatory approval; and the former subsurface drain area near borehole B-06, between 2891 Park Boulevard and the Caltrain easement because most of those residual hydrocarbons are in the form of low concentrations of the longer chain diesel-type extractable (versus volatile) grade and are not considered to be of environmental concerns from a health risk perspective.38 The chlorinated VOCs from the HP-Varian plume are the risk drivers for vapor intrusion. Because of the distribution of VOCs in the site soils, the RWQCB indicated there was no basis to conclude whether there was or was not residual soil contamination at the site and approved the site investigation and remedy report based on the inclusion of soil-qualityscreening during site investigation in lieu of further pre-excavation soil investigation.39 The RWQCB considers the existence of elevated levels of VOCs to indicate the probable presence of VOC soil sources under the northeast half of the site.40 Because the data show that residual petroleum hydrocarbons in the project site soils samples were below current regulatory ESLs, SES,Inc. did not expect hydrocarbons to interfere with future site development in terms of associated risk or exposure. Nonetheless, contaminated groundwater from the underlying plume probably will persist for years, although it will diminish gradually with continued remediation. Because the base of the foundation for the proposed project would be about 5 feet above the confined aquifer affected by the plume, there would be no direct contact with contaminated groundwater, but vapor disseminating through the soil could enter the building. Because there remains some possibility that groundwater could be encountered during the excavation, the City may require, as a condition of project approval, a dewatering plan that would be reviewed for approval bythe City’s Public Works Department (which may include further review and approval by a licensed geotechnical engineer, hired by the Cityat the applicant’s expense) prior to issuance of an excavation and grading permit (see Mitigation Measure MM-4 in Section VII, Hazards and Hazardous Materials, and Mitigation Measure MM-6 in Section VIII, Hydrologyand Water Quality, of this Initial Study). Overseeing compliance with the approved permit is the responsibility of the City’s Public Works Department and Building Division, either directly through site visits and contractor reports, or through licensed third-party investigators hired by the City at the applicant’s expense. Excavated soil contamination in the vicinity of the subsurface drain, former underground fuel storage tank (UFST), and possible sources above the water table would be examined to the depth of 15.4 feet bgs (the base of the proposed excavation) during excavation activities. If hydrocarbon contamination were indicated, these soils would be segregated for potential further testing and remediation, as needed.41 Although the site investigation and remedy report concluded there was no known onsite source area generating VOC contamination, the soil-vapor samples analyzed by SES,Inc. indicated some VOCs 38 SES, Inc., 2008, p. 1 39 San Francisco Bay Region, California Regional WaterQuality Control Board, Approval of Site Investigation and Remedy Report, and Requirements for Reports for Park Plaza Mixed Use Development at 195Page Mill Road and 2685 Park Boulevard, Palo Alto, Santa Clara County, July 3, 2008, File No.43S1107 (RWP), pp. 1 & 2. This Approval remains current per telephone communication from Roger W.Papler, PG7741, SFBRWQCB Engineering Geologist to GeorgeJ.Burwasser, PG 7151, ATKINS Senior Geologist, January 21, 2011. 40 Electronic mail post –From: Roger Papler (Regional Water Quality Control Board) Sent: Thursday, May 21, 2009 1:04 PM To: Lata Vasudevan (City of Palo Alto) Cc: Harold Hohbach (Hohbach Enterprises); Cecil Felix; (Regional Water Quality Control Board) John Wolfenden; (Regional Water Quality Control Board) Stephen Hill (Regional Water Quality Control Board) Subject: Park Plaza / PA: Comments -MND (21April09) 41 SES, Inc., 2008, p. 20 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -39 - appeared to be contaminating the soil through sorption onto low-permeable clay particles when the VOCs volatized upward from the underlying plume.42 The distribution of VOC contamination in the groundwater did not vary significantly across the project site, but the VOC distribution in the soil vapor showed a two- fold magnitude variation across the site, being higher under the northeast half of the site and lower under the southwest half.43 Because of this distribution, the RWQCB indicated there was no basis to conclude whether there was or was not residual soil contamination at the site. The groundwater under the site of the proposed project flows north-northeast toward the Oregon Expressway-Page Mill Road underpass. Groundwater was encountered on the project site between 20 and 24 feet below the existing ground surface (bgs) in Boreholes GW-01 and GW-06, at 22 feet bgs in Borehole GW-04, between 24 and 28 feet bgs in Borehole GW-05, and between 28 and 32 feet bgs in Borehole GW-07. (For groundwater information, see Figure 2 on page 3 of the SES,Inc. 2008 report, available for review on the City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment.) Partially confined aquifer conditions appear to exist under the southeast portion of the project site, as indicated by groundwater rising in Borehole GW-04 to 14 feet bgs and in Borehole GW-07 to 12 feet bgs.44 Unless penetrated by excavation or boreholes, the confining clay layer extending down to 22 feet bgs in Borehole GW-04 and 28 feet bgs in Borehole GW-07 prevents water in the underlying portion of the aquifer from rising toward the ground surface. To prevent the excavation from extending into the contaminated groundwater, lateral soil nailing or shallow bracing would be used to stabilize the excavation walls and would not extend below 20 feet bgs. For soil nailing, the excavation walls, which would be no more than 15.4 feet deep, would be stabilized using wire mesh facing covered with gunnite and welded or plated to soil nails drilled and grouted at least 20 feet laterally (i.e., approximately parallel to the ground surface) into the excavation walls. For excavation bracing, a soldier pier and timber shoring system placed no deeper than 20 feet bgs and probably involving tiebacks drilled and grouted laterally into the excavation walls would be used to support the excavation walls, which would be no more than 15.4 feet deep.45 During the past two years of site investigation by Secor (at the upgradient HP-Varian VOC plume) and SES,Inc. (at the project site), the water table generally has been 20 feet bgs or lower, under partially confined aquifer conditions. There is a steep hydraulic gradient toward the northwest, in the directionof the Oregon Expressway-Page Mill Road underpass pump station. In 2007, during the installation of groundwater and soil vapor investigation borings at the project site, groundwater encountered at 22 feet bgs rapidly rose to approximately 14 feet bgs in one boring, and to 12 feet bgs in another.46 This indicates that confined aquifer conditions are present, at least in certain portions of the site, and that groundwater is under hydrostatic pressure. As such, it is possible that excavation could not only intercept groundwater, but that the removal of clay materials during excavation could cause groundwater levels to rise to levels that would begin to fill the excavation area. Four potential effects could result from contaminated groundwater being 42 SES, Inc. 2008, pp. 22 & 23 43 SES, Inc. 2008, pp. 17 & 18 44 SES, Inc., 2008, pp.6 &23 45 Crosby, 2004, p. 7 46 SES, Inc., 2008, p. 17. This report is available for review on the City’s website as Appendix I of this Initial Study or upon request at the CityofPalo Alto Department of Planning and Community Environment. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -40 - unexpectedly drawn toward or into the excavated area. If contaminated groundwater were to rise into the excavation area, this could present (1) a health hazard for construction workers on site, through direct contact or inhalation of VOCs and hydrocarbons (especially worker inhalation hazard related to excavation of soils containing trapped VOCs); (2) an inhalation health hazard for other people near the site. In addition, (3)excavation that intercepts groundwater or causes groundwater to rise could affect the effectiveness of the VOC plume remediation system by altering flow characteristics, or (4) it could cause soil vapors to migrate. From a geotechnical perspective, groundwater entering the excavation could affect the stability of the side walls of the excavation. Excavation of the soil on the northeast half of the site where site investigation revealed higher levels of VOCs could pose inhalation hazards to construction workers and other people near the project site. During soil removal, airborne contaminants in the form of residual VOCs trapped in the soil could be released. The use of respiratoryprotection byconstruction workers, as described in the Health and Safety Plan, could be necessary if air monitoring indicated contaminant concentrations had reached the action level and would reduce the potential exposure to an acceptable level. Compliance with the requirements of OSHA's Respiratory Protection Standard whenever respirators were used would be mandatory. This means the use of protective outerwear and air-purifying respirators with appropriate cartridges (i.e., wearing Tyvek suits and half mask respirators equipped with N-95 cartridges) until testing results showed airborne VOC concentrations were consistently below the California permissible exposure limit. A Jobsite Safety Coordinator (hired by the applicant) would be responsible for monitoring the proper implementation of respiratory protection and ensuring appropriate cartridges, filters, outerwear, etc. were used. All employees working onsite would be trained and informed about safe practices for working around VOC-contaminated ground.47 To prevent or reduce exposure of unauthorized personnel (i.e., the public and workers not specifically assigned to tasks on a restricted portion of the project site) to safety and chemical hazards during excavation and grading, site control would be enforced strictly for this project. During periods of excavation and general grading in the northeast half of the site, an exclusion zone would be set using fencing and signs (or equivalent physical indicators) that indicate only authorized personnel were permitted to enter. Necessary traffic controls (e.g., perimeter fence, signs, barriers, and street closures) would be established periodicallyas necessary keep the public (pedestrians and traffic) away from the job site.48 Dust and VOC vapor controls, construction and transportation equipment decontamination, stormwater pollution controls, and dewatering treatment (if necessary) would be implemented to prevent exposure of workers at the site, the public, and receiving waters to VOCs in soil or groundwater.49 To prevent worker-exposure to contaminated soil, procedures and precautions to be used in the proper profiling, movement, and exportation of the soil are outlined in the Soil Management Plan, prepared by Tucker Engineering. Excavation procedures would include soil testing for the presence of hydrocarbons and 47 Tucker Engineering, May 28, 2008, Site-Specific Health &Safety Plan, pp. 32 & 33, Section 10 Respiratory Protection Program. This report is available for review on the City’s website on the City’s website as Appendix E of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 48 Tucker Engineering, May 28, 2008, Site-Specific Health &Safety Plan, p. 13, 3.1 Site Controls. This report is available for review on the City’s website on the City’s website as Appendix E of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 49 SES, Inc., 2008, pp. 32 –35 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -41 - contacting trained personnel to determine the need for additional testing and remediation if items out of the ordinarywere identified. As described in the Health and SafetyPlan, prepared byTucker Engineering, if soil were encountered that was judged to be out of the ordinary, odorous, or to contain subterranean debris, the area of discovery would be quarantined and all excavation activities would be stopped until soil and/or vapor analysis could be completed and the City approved the continuation of excavation activities.50 Operation To prevent VOC soil-vapor intrusion from the contaminated aquifer or the site of the former UFST, an active soil venting system and a full vapor barrier would be installed beneath the underground parking level. The vapor collection system would consist of perimeter inlet vents below the parking level feeding a horizontal network of solid and perforated pipes installed in a layer of sharp gravel or crushed rock. The horizontal grid would connect to vertical risers (solid pipes) extending the full height of the building and properly vented above the roofline.51 The active vaporintrusion mitigation system (VIMS) would be driven byelectric fans at the effluent end of the VIMS riser pipes and enhanced byoutside air entering through ten inlet vents. To ensure the system functioned as intended, its performance would be monitored by a third party inspection service (a licensed HVAC engineer specializing in VIMS) at the applicant’s expense and reporting to the RWQCB and the City.52,53 . Based on modeling performed by Treadwell & Rollo in June, 2008, the under-slab VOC concentrations were calculated to be reducible bythree to five orders of magnitude (factors of 10) through the diluting effect of fresh air entering the under-slab layer by way of perimeter inlet vents. The diluted VOC vapors would pass through the horizontal network of collection pipes and be released safely through the riser pipes. The maximum TCE and PCE concentrations detected in soil-vapor at this site were 150,000 micrograms per cubic meter (•g/m3) and 40,000 •g/m3, respectively. The ESLs for TCE and PCE in commercial or industrial land uses are 4,100 •g/m3 and 1,400 •g/m3, respectively. Consequently, a three-fold reduction in under-slab VOC concentrations provided by the passive venting system would reduce the VOC concentrations below the ESLs.54 The full vapor barrier would be a 60-mil-thick, spray-applied membrane below the elevator shafts, stairwells, pipe chases, and entire floor-slab. The efficacy of partial and full vapor barrier systems against potential vapor intrusion is addressed in project-related correspondence with the RWQCB55 (the agency of jurisdiction 50 Tucker Engineering, May 29,2008, Soil Management Plan for Park Plaza, (SES, Inc., 2008, Appendix G –Excavation-Related Workplans: Health & Safety Plan, and Soil Management Plan), pp. 4, 5. The SES, Inc. report is available for reviewon the City’s website as AppendixI of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 51 Treadwell & Rollo, 2009, Vapor Mitigation System –Monitoring Plan (Revision 2), Park Plaza Development, 195 Page Mill Road, Palo Alto, California, available for review on the City’s website as Appendix D of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 52 Treadwell & Rollo, 2008 (SES, Inc., 2008, Appendix E), pp. 2, 3. The SES, Inc. report is available for reviewon the City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 53 Treadwell & Rollo, 2008 (SES, Inc., 2008, Appendix E), pp. 2, 3. The SES, Inc. report is available for reviewon the City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 54 Treadwell & Rollo, 2009, Vapor Mitigation System –Monitoring Plan (Revision 2), Park Plaza Development, 195 Page Mill Road, Palo Alto, California, available for review on the City’s website as Appendix D of this Initial Study or upon request at the City ofPalo Alto Department of Planning and Community Environment. 55 Regional Water Quality Control Board, San Francisco Bay Region. Approval Letter of Site Investigation and Remedy Report, and Requirement for Reports for Park Plaza Use Development at 195 Page Mill Road and 2685 Park Boulevard, Palo Alto. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -42 - over vapor intrusion remediation systems on the proposed project site).56 In April 2008 the RWQCB expressed doubts about the efficacy of partial barriers (under vertical components of the building, but not under the entire floor-slab). In July 2008 the RWQCB determined that the passive VIMS previously described appeared to address soil vapor issues below the proposed new development adequately, noted no need for the addition of mechanical ventilation (HVAC) systems to the VIMS, but was silent on the issue of the partial barrier. Subsequent correspondence continued the debate without resolution. In October 2009 the applicant proposed a full vapor barrier beneath the building, with an active venting system.57 Project-related correspondence with RWQCB addresses the level of enforceabilityof the Risk Management Plan requirements for operation and maintenance of the VIMS. As the RWQCB determined, the applicant has committed financial resources to employing a third party inspection service to be responsible for inspecting the site and submitting the required information to the RWQCB. As indicated in the Enforcement of Remedial Risk Management Measures section of Appendix H of the SES,Inc. 2008 report (available for review on the City’s website as Appendix G of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment), enforcement would be implemented by annual inspections of the VIMS by the third party inspection service to assure that the VIMS continued to operate as designed until sub-slab soil gas levels were below RWQCB ESLs bya factor of two. Building permit review bythe City of Palo Alto would ensure future building permits do not compromise the stipulations specified in MM-4. Section 3401.2 of the CBC requires that all devices required by the CBC be maintained in conformance with the CBC, and allows the building inspector to re-inspect buildings to determine compliance. As presented in Appendix E,58 contingencies include vapor monitoring to protect against potential vapor intrusion and evaluation of additional mitigation if the results of the first six (monthly) monitoring events indicate any cause for concern. If the VIMS is operating correctly, monitoring would continue quarterly until vapor concentrations were reduced to 50 percent of the RWQCB Commercial ESLs and annually thereafter.59 If testing indicated the VIMS was not reducing VOC concentrations to levels below the thresholds set by the RWQCB, the system would need to be redesigned (under the supervision of the third party inspection service) for more effective removal of VOCs. Monitoring would continue until VOC concentrations were demonstrated to be maintained below the commercial ESLs, as recommended by the RWQCB. Appendix I of the SES,Inc. 2008 report consists of a Financial Assurance Letter that specifically documents committed financial resources for maintaining the VIMS and repairing the VIMS elements in case of damage from vandalism or the slab cracking because of ground settlement and other unanticipated events.60 This Financial Assurance has been reconfirmed and updated by the applicant as of February 10, 2011.61 56 Project-related correspondence with the RWQCB is included in the City of Palo Alto’s proposed project files, maintained by the Planning and Community Environment Department. Copies of these documents are available, upon request, for public review. 57 Treadwell & Rollo, Vapor Mitigation System –Monitoring Plan (Revision 1), Park Plaza Development, 195 Page Mill Road, Palo Alto, California, June 2,2008. Revised October 27,2009 as Vapor Mitigation System –Monitoring Plan (Revision2), Park Plaza Development, 195 Page Mill Road, Palo Alto, California 58 Trucker Engineering, Site Health and Safety Plan, May 27, 2008. 59 Electronic mail post -From: Roger W. Papler, PG7741 (Regional Water Quality Board) Sent: Tuesday, February3, 2009 3:56 PM To: Bob G. Moss (Barron Park Association Foundation); John Wolfenden (Regional Water Quality Board) Subject: Re: Park Plaza -195 PMR: Comments on BPAF RTCs. 60 Electronic mail post -From: Roger W. Papler, PG7741 (Regional Water Quality Board) Sent: Tuesday, February3, 2009 3:56 PM To: Bob G. Moss (Barron Park Association Foundation); John Wolfenden (Regional Water Quality Board) Subject: Re: Park Plaza -195 PMR: Comments on BPAF RTCs 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -43 - Assuming construction period protection from contaminated soil and groundwater beneath the project site would be implemented as part of the proposed project, the possible exposure of the public or the environment to the routing, transport, use, or disposal of hazardous materials related to construction is considered a less-than-significant impact. Nonetheless, the possibility exists that contaminated groundwater or soil could be encountered during the construction period, so reasonably foreseeable upset and accident conditions involving the release of hazardous materials is considered a potentially significant impact. However, Mitigation Measures MM-4 and MM-6, in Section VIII, Hydrology and Water Quality, would reduce the impact to a less-than-significant level. The project could involve the use or storage of hazardous materials in connection with the R&D uses proposed at the site.62 The lease agreement with each R&D tenant would stipulate that the storage and use of hazardous materials within their space would not exceed the limits set by Table 3-D, Exempt Amounts of Hazardous Materials Representing a Physical Hazard, 2010 CBC.63 (This table has been superseded by Tables 2703.1.1(1), (2), and (3) Maximum Allowable Quantity Per Control Area of Hazardous Materials Posing a Physical Hazard, 2010 California Fire Code, Title 24, Part 9, Chapter 27, Section 2703.1.1. The 264 hazardous materials listed on the old Table 3-D fall into one or more of the categories on the current Tables 2703.1.1(1), (2), or (3).64) Additionally, each R&D tenant space would be constructed as a separate compartment with one-hour rated walls, protected common openings, and separate ventilation systems.65 The City has Hazardous Materials Reporting Requirements (posted on the City’s website) based on the model Hazardous Materials Storage Ordinance (HMSO) developed in 1982 and adopted byall cities and the county in Santa Clara County in 1983. The HMSO established the quantities of 55 gallons (liquids), 500 pounds (solids), or 200 cubic feet (compressed gases) for a specific hazardous material as the threshold for filing a Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS). Below the threshold, a facility could file a Short Form HMMP (now called a Registration Form). For new construction, the City’s Fire Department (the regulatory entity for the use and handling of hazardous materials) uses the general quantities of 10 gallons, 100 pounds, or 200 cubic feet as thresholds of nominal use, below which no specific permits or special construction would be required; above these levels, the thresholds in Chapter 27 of the California Fire Code would be applied on a site-specific case-by-case basis, with permits and special construction required for use levels above those specified in the model HMSO.66 (Certain exceptions include any quantity of gases regulated under the Toxic Gas Ordinance, which must be reported on the HMIS. Other hazardous materials below the reporting threshold may be required to be 61 Financial Assurance Letter from Harold C. Hohbach, President, Hohbach Reality Company Limited Partnership, to California Regional Water Quality Control Board, San Francisco Bay Region, Attention Roger Papler, re Park Plaza Project (Water Board Case # 43S1107/CA), February 10,2011. 62 Richard B. Campbell, AIA, Hoover Associates Architecture. Letter to Gordon Simpkinson, Acting Fire Marshall, City of Palo Alto. February 22, 2011. 63 Richard B. Campbell, AIA,Hoover Associates Architecture. Letter to Gordon Simpkinson, Acting Fire Marshall, City of Palo Alto. February 22, 2011. 64 International Code Council. http://publicecodes.citation.com/st/ca/st/b300v10/st_ca_st_b300v10_27_sec003_par001.htm. Website accessed by GeorgeJ.Burwasser, PG 7151, ATKINS Senior Geologist. April 13, 2011. 65 Richard B. Campbell, AIA, Hoover Associates Architecture. Letter to Gordon Simpkinson, Acting Fire Marshall, City of Palo Alto. February 22, 2011. 66 Gordon Simpkinson, Acting Fire Marshall, City of Palo Alto. Telephone communication with George J. Burwasser, PG 7151, PBS&J Senior Geologist. April 13, 2011. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -44 - reported if they present an unusual hazard, such as water reactive materials, or materials that are highlytoxic, radioactive, carcinogenic or explosive.67) Assuming operational period protection from contaminated soil and groundwater beneath the project site would be implemented as part of the proposed project, the possible exposure of the public or the environment to the soil-and groundwater-related contamination is considered a less-than-significant impact. Compliance on the part of future tenants with the Fire Department’s requirements related to the handling of hazardous materials in connection with R&D at the site is intended to reduce the possible exposure of the public or the environment to the routing, transport, use, or disposal of hazardous materials to a less-than- significant level. Nonetheless, the possibility that reasonably foreseeable upset and accident conditions involving the release of hazardous materials could occur is considered a potentially significant impact. However, Mitigation Measures MM-4 would reduce the impact to a less-than-significant level. c)There are no existing or proposed schools within one-quarter mile of the project site.68 Consequently, there would be no impact related to the project’s potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. d)The 2004 geotechnical report prepared by Jo Crosbyand Associates did not identify toxic materials on the property; however, the report states that a toxic plume of contaminated groundwater underlies the site. A Site Investigation and RemedyReport prepared bySES, Inc, dated July 2, 2008, which included continuous sampling of the boreholes for geologic logging, but not for laboratory analysis, indicates a groundwater plume containing VOCs was detected at the project site in the first water-bearing unit (a partiallyconfined aquifer) at least 20 feet bgs.69 This groundwater contamination was considered to be caused by historic discharges from nearby electronic manufacturing plants. The toxic plume has been known to exist since at least 1981 and is commonly referred to as the HP-Varian plume and the COE plume. The extent of the plume and its contaminants are well known and documented, and a number of developments have been built in the area, including residential uses, over this plume.70 The Fire Department’s Environmental Protection Coordinator reviewed the 2004 Crosbygeotechnical report and concluded the project could proceed without anysignificant negative impacts from the toxic plume. The Fire Department would require that any groundwater encountered during construction be sampled and analyzed for contaminants and properly disposed. Before any further work could proceed, the applicant would be required to obtain confirmation from the RWQCB that the construction and site activity would not result in exposure of construction workers or the public to those contaminants.71 That confirmation was issued on July 3,2008, on the assumption the SES, Inc. report was correct that the contaminated groundwater plume would not be intersected by the project excavation, but contained the reservation that there was no basis to conclude that there was or was not residual soil contamination at the site based on the 67 Hazardous Materials Reporting Requirements, March 2003. City of Palo Alto website accessed by George J.Burwasser, PG 7151, PBS&J Senior Geologist. April 13, 2011. 68 Palo Alto Comprehensive Plan, Adopted July 20, 1998, Land Use and Circulation Map, revised December, 2003 69 SES, Inc., 2008, pp. 4, 6, 10, 17, and 18 70 Steve Emslie, Former Director of Planning and Community Environment, Emily Harrison, Assistant City Manager, September 27, 2004, Memo to City Council from City Manager, Department of Planning & Community Environment, Recommendation for Denial of Request by Court House Plaza Company for Development of a Property at 195Page Mill Road and 2825, 2865, 2873, 2891, and 2901 Park Boulevard 71 Emslie and Harrison, 2004 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -45 - lack of laboratory analysis of the continuous soil cores of the boreholes.72 The RWQCB concluded the existence of elevated levels of VOCs under the northeast half indicated the probable presence of VOC soil sources at the site.73 The 2008 site investigation and remedy report bySES,Inc. examined the soil and groundwater conditions at the project site and, in collaboration with Treadwell &Rollo and Tucker Engineering, developed construction and operational period protections to accommodate the existence of plume and soil-vapor safely. The SES,Inc. 2008 report contained a dewatering contingencyplan. In the event the excavation encountered groundwater the Santa Clara Department of Environmental Health and the RWQCB would be contacted immediately by the applicant. Any purged groundwater would be containerized onsite, sampled for profiling, and disposed of offsite at a certified recycling facility. In the case that groundwater should need to be dewatered, the groundwater would be containerized on site, and an appropriate National Pollution Discharge Elimination System (NPDES) permit obtained prior to treatment and discharge.74 Nonetheless, because the possibility exists that contaminated groundwater or soil could be encountered during the construction period, the impact is considered less than significant with mitigation.Mitigation Measures MM-4, below, and MM-6, in Section VIII, Hydrology and Water Quality, would be made conditions of project approval, thereby reducing the impact to a less-than-significant level. e, f)The project site is not within two miles of either a public or private use airport. No impact would occur. g)The project would not adversely affect pedestrian, vehicular, or rail circulation patterns in the vicinityof the project. As described in Section XV.d), Transportation/Traffic, of this Initial Study, the project has been reviewed by the City’s Fire Department and Transportation Division to determine whether it would substantially increase hazards or result in inadequate emergency access. An unsignalized, 130-foot left turn pocket lane on Park Boulevard at the Page Mill Road intersection and a 24-foot roadwaywidth on the Page Mill Road extension would be provided by the applicant to facilitate two-way traffic and emergency response vehicle access. Mitigation Measure MM-8, in Section XV, Transportation/Traffic, would provide a pedestrian/vehicles warning system for the underground garage entrance/exit. There would be no access to the Caltrain property from the project site and Caltrain maintains a locked gate to close off the driveway provided for access to its propertyfrom the street. Consequently, there would be no impact on emergency response access, evacuation operations, or pedestrian/vehicle safety. h)The project is in a developed area and would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. No impact would occur. 72 California Regional Water Quality Control Board, San Francisco Bay Region, Bruce H. Wolfe, Executive Officer, July3,2008, letter to Hohbach Realty Company Limited Partnership, Approval of Site Investigation and Remedy Report, and Requirement for Reports for Park Plaza Mixed Use Development at 195 Page Mill Road and 2685 Park Boulevard, Palo Alto, Santa Clara County. This Approval remains current per telephone communication from Roger W.Papler, PG7741, SFBRWQCB Engineering Geologist to George J.Burwasser, PG 7151, PBS&J/ATKINS Senior Geologist, January 21, 2011. 73 Electronic mail post –From: Roger Papler, May 21, 2009 1:04 PM. 74 SES,Inc., 2008, Appendix H –Remedial Risk Management Plan, p. 4. The SES, Inc. report is available for review on the City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -46 - Residual Impact:Less than significant with mitigation Mitigation Measures: MM-4:Protocol for Management of On-site Contamination a) A formal dewatering plan (Construction Dewatering ContingencyPlan) shall be prepared, consistent with Mitigation Measure MM-6 in Section VIII, Hydrology and Water Quality of this Initial Study and consistent with the City’s Construction Dewatering System Plan Preparation Guidelines and Dewatering from Construction Sites and In-ground Utilities Maintenance Manual. This plan shall be prepared and submitted for final approval by the City’s Public Works Department prior to issuance of Citypermits. The applicant shall provide information in the plan regarding the lateral and vertical distances to existing groundwater contamination plumes and an analysis of the potential impacts to those plumes caused by construction activity on the project property, including the use of dewatering sumps or wells under the proposed underground parking structure. Prior to submission to the City, this information shall be submitted to the RWQCB for approval that the proposed work on the subject property, including any use of dewatering sumps or dewatering wells would not have an adverse impact on the current and future cleanup effort of the HP-Varian or COE plumes. The approval shall be submitted to the City’s Public Works Department with the plan and shall verify that dewatering sumps or dewatering wells, if proposed, would not alter the path of the groundwater contamination plume(s) and could not result in 1)bringing groundwater contamination to the project site or 2)a possible future exposure of the public on the project site to groundwater contaminants. The plan shall identify testing and analysis methods, and treatment, if necessary, for disposal into the storm drain system to ensure compliance with the City’s Municipal NPDES permit. Sufficient personnel and material shall be provided by the applicant to implement the plan, should groundwater be encountered by the excavation. b) The applicant shall provide readyaccess to the project site for the CityBuilding Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, to inspect and enforce implementation of the Soil Management Plan prepared by Tucker Engineering addressing the procedures and precautions to be used for the proper containment, profiling, movement, exportation of soil, etc. during the excavation and construction period. c) The applicant shall provide ready access to the project site for the third party inspection service, which would report to the City and be financed by the applicant to inspect and enforce implementation of the Remedial Risk Management Plan (RRMP), including implementation of the Site Health and Safety Plan; contaminated soil sampling, excavation, and management; the dewatering contingency plan; reporting requirements; land use covenant and environmental restrictions; long term monitoring, inspections, contingencies, and enforcement. d) The applicant shall file documentation with the RWQCB, the third partyinspection service reporting to the City and financed by the applicant, and the City for final approval of the completion of the excavation, including soil sampling results within 60 days following the completion of excavation. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -47 - e)Prior to issuance of the occupancypermit the applicant shall file documentation from an independent consultant specializing in vapor mitigation system design and installation for final approval bythe third party inspection service reporting to the Cityand financed bythe applicant confirming that each component (collection pipes, transmission pipes, inlets, risers, vents, etc.) of the vapor intrusion mitigation system (VIMS) has been installed in accordance with the recommendations of the Vapor Mitigation System and Monitoring Plan, and includes the installation of a full vapor barrier, which shall be a 60-mil thick, spray-applied membrane below the elevator shafts, stairwells, pipe chases, and entire floor-slab, as part of the active vapor collection and venting system (i.e., driven by electric fans at the effluent end of the VIMS riser pipes and enhanced by outside air entering through inlet vents) to be installed in the building to mitigate potential soil vapor intrusion. f)The applicant shall file documentation with the RWQCB and the City for final approval bythe third party inspection service reporting to the City and financed by the applicant of installation of the VIMS, initial garage air sampling results, and the startup sub-slab vapor-riser monitoring results, with vapor-riser monitoring reports submitted as required by the RRMP, within 60 days following the completion of building construction. g)The applicant shall comply with contingencies regarding vapor monitoring to protect against potential vapor intrusion which would involve additional remediation if the results of the first six (monthly) monitoring events indicate any cause for concern. If the VIMS is operating correctly, monitoring would continue quarterly until vapor concentrations were reduced to 50 percent of the RWQCB ESLs and annually thereafter. If the third party inspection service determines that the VIMS is not functioning adequately, the system is required to be redesigned (under the supervision of the third party inspection service) for more effective removal of VOCs. Monitoring would continue until VOC concentrations were demonstrated to be maintained below the commercial ESLs, as recommended by the RWQCB. h)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the storage and use of hazardous materials within their space would not exceed the limits set by Tables 2703.1.1(1), (2), and (3) Maximum Allowable Quantity Per Control Area of Hazardous Materials Posing a Physical Hazard, 2010 California Fire Code, Title 24, Part 9, Chapter 27, Section 2703.1.1. The space for each R&D tenant proposing to use hazardous materials shall be constructed as a separate compartment with one-hour rated walls, protected common openings, and separate ventilation systems. i)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the tenant shall comply with the City’s Hazardous Materials Reporting Requirements and shall prepare and file with the Fire Department, as appropriate, a Hazardous Materials Management Plan or a Hazardous Materials Inventory Statement providing sufficient information on how and where hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. j)Monitoring wells encountered during site preparation or excavation shall be reported immediately to the RWQCB for its decision regarding proper abandonment or abandonment and replacement by the 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -48 - applicant. Work shall stop in proximity to the well(s) until the decision of the RWQCB is implemented. The applicant shall file documentation with the RWQCB and the City for final approval bythe CityBuilding Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, of proper abandonment or abandonment and replacement of any affected wells. Cumulative Analysis The geographic context for the analysis of risks associated with hazardous materials impacts generally are localized and site-specific, with the exception of those resulting from transportation of hazardous materials. Because these risks generally are site-specific, the cumulative context for the analysis varies, depending on the threshold being analyzed. For example, cumulative impacts associated with the transportation of hazardous materials would be analyzed for development along the transportation route, whereas the context for the use of hazardous materials would be limited to the area immediately surrounding a project site. Cumulative impacts associated with the accidental release of hazardous materials into the environment also would be limited to a specific project site and the immediately surrounding properties. Cumulative impacts associated with emergency response would be limited to development in the vicinity of emergency access routes. The geographic context for the analysis of cumulative impacts related to the routine transport of hazardous materials during construction of the 195 Page Mill Road project is the major access routes for the project vicinity, which would include El Camino Real, Page Mill Road, Alma Street, and Oregon Expressway. Cumulative development along these routes in the vicinity of the project would include all past and present development, representing the baseline conditions for evaluation of cumulative impacts, including the two mixed-use development projects and the HST. Construction of cumulative projects could result in generation and transport of hazardous wastes such as asbestos from friable building materials, lead-based paint on building surfaces, chemicals in lighting fixtures, chemicals dissolved in groundwater, and hazardous materials such as fuel, solvents, and lubricants. In addition, previously unknown contamination, possibly the result of improper disposal or housekeeping activities, may be discovered when structures are demolished. Cumulative development could expose construction workers to health or safety risks through exposure to hazardous materials, although the individual workers potentially affected would vary from project to project. At the state level, the California Department of Toxic Substances Control (DTSC) administers laws and regulations related to hazardous waste and hazardous substances. The RWQCB enforces laws and regulations governing releases of hazardous substances and petroleum pursuant. In particular, the RWQCB focuses on all petroleum releases and those hazardous substance releases that may impact groundwater or surface water. Consequently, many past projects would have complied with applicable federal, state, and local regulations. Compliance with applicable regulations and guidelines pertaining to hazardous materials would ensure that cumulative impacts from construction activities would be less than significant. Cumulative development in the area could handle or dispose of hazardous materials in such a way as to pose a risk from upset or accident. It is possible that cumulative development could expose residents and construction workers to contaminated soil or groundwater, even if required investigations are performed. Compliance with the regulations pertaining to construction monitoring would reduce the 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -49 - likelihood of such incidents. Consequently,cumulative impacts from upset or accident caused by construction activities at would be less than significant. Cumulative projects may find it necessary to dewater some sites to facilitate construction. Groundwater from dewatering and/or cleanup activities must meet specific treatment standards before being discharged to the storm drainage system. Any groundwater proposed for discharge from a project site into the San Francisco Bay watershed must meet strict water quality standards established by the San Francisco Bay Basin Plan as defined by the RWQCB, and may have to be treated before discharge into the Bay to avoid potential degradation of the Bay’s water quality. Furthermore, dischargers are required to meet stringent monitoring standards established by the RWQCB to assure compliance under this permitting system. Compliance with these regulations pertaining to dewatering discharge would ensure that cumulative impacts from construction activities would be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -50 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: a)Violate any water quality standards or waste discharge requirements? 2, 9, 18, 19, 22-27 X b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 9, 18, 19, 22- 27 X c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? 2, 9, 18, 19, 22-27 X d)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? 2, 9, 18, 19, 22-27 X e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 2, 9, 18, 19, 22-27 X f)Otherwise substantially degrade water quality?2, 9, 12, 18, 19, 22- 27 X g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 4, 18, 19, 23- 27 X h)Place within 100-year flood hazard area structures, which would impede or redirect flood flows? 18, 19, 23-27 X i)Expose people or structures to a significant risk of loss, injury or death involve flooding, including flooding as a result of the failure of a levee or dam? 18, 19, 23-27 X j)Inundation by seiche, tsunami, or mudflow?1, 2, 18, 19, 23-27 X 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -51 - A geotechnical report, dated May 10, 2004, was prepared by Jo Crosby and Associates. A copy of the geotechnical report is available for review on the City’s website as Appendix H of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. A site investigation and remedy report dated July2, 2008 was prepared by SES, Inc. and included a vapor mitigation system and monitoring plan prepared by Treadwell & Rollo, dated July 2, 2008 and revised October 27,2009. A copy of the site investigation report and the Treadwell & Rollo report are available for review on the City’s website as Appendix I and Appendix D, respectively, of this Initial Study or upon request at the Cityof Palo Alto Department of Planning and Community Environment. a, e)The 2.5-acre project site is in the Matadero Creek watershed, which comprises approximately 14 square miles. Matadero Creek originates near the town of Los Altos Hills and flows northeast through the City of Palo Alto and unincorporated areas of Santa Clara County. Downstream of U.S. Highway 101 (Bayshore Freeway), the creek discharges into the Palo Alto Flood Basin, which flows to San Francisco Bay.75 Water quality in Matadero Creek is monitored at four locations; the monitoring location closest to the proposed project site is at Park Boulevard. For the most recent sampling period, water quality sampling results for Matadero Creek sites generally met applicable water quality criteria.76 Water quality standards and waste discharge requirements that are applicable to the proposed project are established in the Water QualityControl Plan for San Francisco Bay(Basin Plan)77 prepared by the RWQCB in compliance with the federal CWA and the State Porter-Cologne Water Quality Control Act, and the NPDES permits issued by the RWQCB in accordance with the Clean Water Act, which incorporates Basin Plan objectives. All point and non-point discharges (including urban runoff) must comply with the identified water quality objectives and the concentrations of contaminants in the discharges must be controlled, either through NPDES permits or waste discharge requirements. Two components of the proposed project are subject to separate NPDES requirements: construction and operation. Although the RWQCB is ultimately responsible for ensuring discharges from development in the City comply with conditions in the permits, which are summarized below, the Cityof Palo Alto is required by the terms of its NPDES Municipal Permit to review and regulate stormwater discharges from development sites. The City requires the Storm Water Pollution Prevention Plan (SWPPP) required by the NPDES Construction General Permit be reviewed by the Public Works Department prior to issuance of a grading permit. Overseeing conformance to the SWPPP is the responsibilityof the Public Works Department, or a third party hired by the Public works Department, at the owner's expense, that specializes in the monitoring of activities related to water quality and water discharge requirements. Construction Land development activity in the City is regulated under a NPDES General Permit for stormwater discharge associated with construction activity.Stormwater runoff from construction sites that disturb one acre or more must be covered under the State’s General Permit and must be managed bya Storm Water Pollution 75 Critical Coastal Areas Program, California’s Critical Coastal Areas State of the CCAs Report, Matadero Creek CCA #88, June 2006. website: http://www.coastal.ca.gov/nps/Web/cca_pdf/sfbaypdf/CCA88MataderoCreek.pdf (accessed December 10, 2008) 76 Santa Clara Valley Urban Runoff Pollution Prevention Plan, Watershed Monitoring and Assessment Program, Monitoring and Assessment Summary Report, Santa Clara Basin Creeks 2002-2007, September 2007, pp. iv, 26-29, 34 website: http://www.waterboards.ca.gov/ water_issues/programs/tmdl/records/region_2/2008/ref2414.pdf (accessed December 10, 2008) 77 Beneficial uses for Matadero Creek identified in the Basin Plan are cold fresh water habitat, fish migration, recreation (water contact and non-water contact), fish spawning, warm fresh water habitat, and wildlife habitat. Matadero Creek is included on the EPA-approved 2006 federal EPA’s Section 303(b) Clean Water Act List of Water Quality Limited Segments Being Addressed by USEPA Approved Total Maximum Daily Loads. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 - 52 - Prevention Plan (SWPPP). A SWPPP describes measures to control or minimize pollutants from entering stormwater during the construction stage. Developers of projects that disturb one acre or more must file a Notice of Intent with RWQCB Region 2 to obtain coverage under the General Permit. The General Permit requires the applicant to develop a SWPPP that addresses both grading/erosion impacts and non-point source pollution impacts of the development project and sampling/monitoring requirements. Because the proposed project site exceeds one acre, an appropriate SWPPP would be required prior to the start of construction of the proposed project. Operation 77 local agencies in the San Francisco Bay Area, referred to as Dischargers, share a common NPDES Municipal Permit, known locally as the Municipal Regional Permit (MRP). To reduce pollution in urban runoff to the maximum extent practicable, the Dischargers have incorporated regulatory, monitoring, and outreach measures aimed at improving the water quality of San Francisco Bay and local streams into their local land use policies and ordinances. The MRP includes provisions for New and Redevelopment Performance Standards in Permit Provision C.3. This provision requires that each Discharger adopt a permit-associated Urban Runoff Management Plan that contains performance standards and supporting documents to address the post-construction and construction phase impacts of new and redevelopment projects on stormwater quality. The City has incorporated the MRP’s Provision C.3 requirements into its Urban Runoff Management Plan and Municipal Code Chapter 16.11, including numeric sizing criteria for pollutant removal treatment systems and others. Construction Impacts Construction of the proposed project would involve soil-disturbance such as excavation, trenching, grading, and compacting. Stockpiled soils could be stored at the site temporarily. One of the major effects of soil disturbance at construction sites is sedimentation in receiving waters from stormwater runoff, which can be caused by erosion of exposed soils. Palo Alto Municipal Code Chapter 16.28, as adopted by the City, contains requirements for the design of erosion control systems. These requirements implement NPDES permit process for storm drainage and construction site discharge. The NPDES permit requires implementation of nonpoint source control of runoff through the application of a number of Best Management Practices (BMPs). These BMPs are designed to reduce the amount of constituents, including eroded sediment, that enter streams and other water bodies. A SWPPP must be prepared that describes the stormwater BMPs (structural and operational measures) that would control the quality (and quantity) of stormwater runoff. The City is responsible for monitoring and enforcing compliance with the SWPPP and BMPs. There are known VOC contaminants in groundwater and soil vapor at the site, and possibly VOCs and hydrocarbons in the soil. Excavation and stockpiling of soils could generate dust or eroded materials containing VOCs or hydrocarbons which could result in adverse environmental effects during construction. For example, contaminated soils could be directly carried in stormwater runoff and discharged to Matadero Creek, or soil containing contaminants could be tracked off-site with construction or transportation equipment onto public roadways, from which stormwater containing contaminants could enter storm drain systems/creeks elsewhere in the watershed. If dewatering were necessary, the Citytypicallywould require discharge to the storm drain system, and soil/sediment in extracted water could contain contaminants. This latter issue is evaluated in greater detail in Item f), below. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -53 - To address the potential for these activities to adversely affect water quality or violate water quality standards, a project-specific Soil Management Plan (SMP) has been developed for the excavation and construction phases of project implementation. The Soil Management Plan was submitted to the RWQCB in July 2008 as part of the SES,Inc. Site Investigation and RemedyReport (available for review on the City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment) and has been approved.78 The SMP provides the procedures and protocols for handling and disposal of soil excavated during construction activities. A Remedial Risk Management Plan (RRMP) has been prepared that establishes procedures and protocols for managing soil and groundwater contaminants during construction. The RRMP is included in Appendix H of the SES,Inc.2008 report and is available for review on the City’s website as Appendix G of this Initial Studyor upon request at the City of Palo Alto Department of Planning and Community Environment. As identified in the SMP, dust control measures would be used to prevent nuisance dust and dust containing VOCs or hydrocarbons from migrating offsite. Although the primary purpose of dust control is to protect human health and comply with air district requirements, dust control measures also would reduce the potential for dust to settle in areas where materials could be captured in stormwater runoff and discharged to the drain system and Matadero Creek. The SMP requires implementation of stormwater pollution controls such as berms, silt fences, and straw bale barriers around catch basins and storm drain inlets, which are consistent with NPDES BMPs. The City requires that the SMP be reviewed by the Public Works Department prior to issuance of a grading permit. Overseeing compliance of the SMP is the responsibilityof the Public Works Department, or a third party hired by the Public Works Department, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater. If contaminated soils were found, the soils would be managed appropriately by segregating them into separate piles in a designated area onsite and covering the piles with plastic sheeting until additional testing was completed. The stockpiles would be managed in accordance with the SWPPP and the SMP. This would reduce the potential for soils (regardless of whether contaminants are present or not) to be washed into storm drains and enter the creek. To prevent cross-contamination, construction equipment and transportation vehicles that contact exposed native soils would be decontaminated prior to leaving the site. Wash water from decontamination would be collected and managed in accordance with applicable laws and regulations and monitored by trained personnel. According to the Site Health and SafetyPlan (which is a part of the Site Investigation and Remedy Report prepared by SES,Inc.), decontamination water would be required to be placed in drums or holding tanks. The stored water would be sampled for chemicals, the results of which would determine how the water should be disposed. The water used for on-site dust control would have to meet NPDES permit requirements for such use and for any subsequent discharge to the storm drain. If the water were found not to meet the permit requirements, it would either be treated on-site or removed. In either case, no discharges to the storm drain exceeding adopted standards would be permitted. This measure would reduce the potential for contaminants to be transported off-site and possiblyenter runoff from roadways, and would ensure proper disposal. 78 “Approval of Site Investigation and Remedy Report, and Requirement for Reports for Park Plaza Mixed Use Development at 195 Page Mill Road and 2685 Park Boulevard, Palo Alto, Santa Clara County,” letter from Bruce H. Wolfe, Executive Officer, California Regional Water Quality Control Board, San Francisco Bay Region to Harold Hohbach, Hohbach Realty Company Limited Partnership, Atherton, CA, July 3, 2008. This Approval remains current per telephone communication from Roger W.Papler, PG7741, SFBRWQCB Engineering Geologist to GeorgeJ.Burwasser, PG 7151, PBS&J/ATKINS Senior Geologist, January 21, 2011. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -54 - Under existing regulation, (Palo Alto Municipal Code Chapter 16.28), the City requires the submittal of a final grading and drainage plan for the proposed project, for City approval prior to the issuance of a building permit. The application of standard grading, drainage, and erosion control measures as part of the approved grading and drainage plan, and implementation of the recommendations from the Geotechnical Report prepared by Jo Crosby and Associates (available for review on the City’s website as Appendix H of this Initial Studyor upon request at the City of Palo Alto Department of Planning and CommunityEnvironment), would reduce the potential for construction site runoff to cause erosion or siltation that could degrade water quality. These erosion control measures are incorporated into this document as Mitigation Measure MM-4. Implementation of the required NPDES SWPPP and the Soil Management Plan and Remedial Risk Management Plan, as monitored and enforced during construction by the City of Palo Alto, would ensure compliance with stormwater quality standards. Implementation of Mitigation Measure MM-4 would ensure compliance with the measures in the plans, thus reducing impacts to a less-than-significant level. Operational Impacts After completion of the construction, soils exposed during construction would be covered by buildings, pavement, hardscape, and City-approved landscape and irrigation plans. Implementation of the post- construction BMPs required by the City would reduce the potential for eroded materials to be conveyed to the drainage system and Matadero Creek; however, stormwater runoff from new impervious surfaces could contain other pollutants. Pollutants associated with the operational phase of the proposed project could include nutrients, oil and grease, metals, organics, pesticides, and gross pollutants (including bacteria) in stormwater runoff. Nutrients that may be present in post-construction stormwater include nitrogen and phosphorous resulting from fertilizers applied to landscaping, degradation of organic material (e.g., leaves on pavement and sidewalks), and atmospheric deposition. Excess nutrients can reduce water quality by promoting excessive and/or a rapid growth of aquatic vegetation, which reduces water clarity and causes oxygen depletion. Oil and grease can enter stormwater from vehicle leaks, traffic, and maintenance activities. Metals can collect on impervious surfaces through atmospheric deposition and machine (e.g., cars) wear, which are then washed off to the storm drain system during storm events. Metals also can enter stormwater runoff if there is a direct interaction between bare metal surfaces and stormwater (e.g., bare metal roofs, gutters, downspouts, and other structures, if used). Several existing regulations and design conditions would limit the proposed project’s potential effects on degradation of surface water quality from post-construction stormwater runoff. The proposed project would be subject to Provision C.3 of the MRP, the City of Palo Alto Urban Runoff Management Plan (URMP) and City of Palo Alto Municipal Code Chapter 16.11, which require incorporation of permanent stormwater quality BMPs, to the maximum extent practicable. The proposed project is categorized as a Significant Redevelopment Project per PAMC Chapter 16.11.79 Significant Redevelopment Projects are required to implement appropriate source control and site design measures and to design and implement stormwater treatment measures, to reduce the discharge of stormwater pollutants to the maximum extent practicable. City of Palo Alto Municipal Code Section 16.11.030 requires permanent stormwater pollution prevention measures that reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. Furthermore, stormwater treatment measures proposed as part of a project's permanent stormwater pollution prevention measures must be designed inaccordance with the hydraulic sizing criteria detailed in 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -55 - Municipal Code Section 16.11.030. This ensures that such devices are designed to adequately treat stormwater runoff and to sufficiently remove pollutants from stormwater runoff. Prior to the issuance of a building permit or other discretionary permit for a Significant Redevelopment Project, the project applicant is required to submit a certification by a qualified third party reviewer acceptable to the Citythat the design of the project complies with the requirements of Municipal Code Chapter 16.11. Permanent stormwater qualityBMPs would reduce the potential for introduction of pollutants in stormwater runoff, as well as treat stormwater runoff to remove pollutants. Typical operational BMPs in the SWPPP would include, but are not necessarily limited to, controlling roadwayand parking lot contaminants, cleaning parking lots on a regular basis, rainwater harvesting, use of pervious pavement materials or green roofs, use of landscaping that minimizes irrigation and runoff, promotes surface infiltration, and minimizes the use of pesticides and fertilizers, incorporating peak-flow reduction and infiltration features (such as biotreatment systems, grass swales, infiltration trenches, and grass filter strips) into landscaping, and implementing educational programs. These practices would reduce or remove pollutants sources from the proposed project and reduce the potential for off-site transport to Matadero Creek. Site design measures to minimize impervious land coverage, maximize infiltration (where appropriate and protective of groundwater), and provide detention or retention as part of landscaping, where feasible, are required by MRP Permit Provision C.3.b.Source controls are required to limit pollution generation, discharge, and runoff as appropriate (MRP Provision C.3.c.), including measures to discourage pesticide use (MRP Provision C.9). Municipal Code Section 16.09.106 prohibits the discharge of any domestic, industrial, or hazardous waste into storm drains, gutters, creeks, or the San Francisco Bayand requires a spill response plan to clean up materials that may be deposited on surfaces exposed to rainfall and stormwater runoff. These requirements reduce the potential for direct discharge of waste and hazardous materials into the storm drain system and Matadero Creek. Furthermore, all refuse areas are required to be covered and designed to prevent water run-on to the area and runoff from the area. These practices prevent stormwater runoff contact with areas that are likelyto contain pollutants and off-site transport of polluted runoff water. Limiting the amount of pollutants generated, discharged, and susceptible to contact with stormwater runoff reduces the amount of pollutants that can be transported to receiving waters and cause or contribute to water quality degradation. All plans and construction are subject to inspection and approval bythe City’s Public Works Department, which ensures that selected BMPs are adequate for the expected pollutants in stormwater runoff from the proposed project. Architectural Review and Building Permit review and conditions of approval would ensure that the proposed project incorporates sufficient stormwater qualityBMPs. Because no final building or occupancy permit would be issued without the written certification of the City Engineer or designee that the requirements of Chapter 16.11 have been satisfied, planned BMPs would be implemented effectively. Long-term operations and maintenance of BMPs is required by the MRP and Municipal Code (Section 16.11.040). As a condition of approval, the City’s Public Works Department may require the applicant establish a self-monitoring and reporting program to ensure all permanent stormwater pollution prevention measures are in compliance with the provisions of Chapter 16.11 (Section 16.11.050). This is intended to ensure the long-term effectiveness of the measures implemented. Prior to issuance of grading permits and building permits, the City would ensure that the proposed project met all construction and post-construction NPDES permit requirements. This would ensure the proposed 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -56 - project would not violate water quality objectives or waste discharges requirements. In turn, this would reduce the potential for the proposed project to discharge pollutants in stormwater. Consequently, impacts would be less than significant. b)The project area is not in an in-stream or off-stream groundwater recharge area or near any artificial recharge areas.79 The proposed project site contains a thin veneer of topsoil over a silty clay and clayey sand to a depth of approximately 20 feet bgs or greater. Water-bearing sandy gravel is at least 20 feet bgs. Results of soil investigations show a confined aquifer with a confining clay layer. Because of the confining layer, the site does not present substantial groundwater recharge potential under existing conditions. The site originally contained several buildings and paved surfaces; the buildings have been removed as an earlier part of the proposed project. Although the proposed project would redevelop the site and increase the amount of impervious surfaces compared to existing conditions, this would not affect recharge potential adversely because there is no significant recharge potential at the site. There would be no impact. Water for the project site would be supplied from existing resources, as described in Section XVI.c), Utilities and Service Systems, of this Initial Study. Groundwater resources would not need to be developed to serve the proposed project. Consequently, the proposed project would not deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table; there would be no impact. c)There is no natural surface water on or adjacent to the project site, and there is no discernible slope. The project site was previously developed with buildings and pavement, from which stormwater runoff was conveyed by curbed street gutters to paved parking areas, which ultimately discharge to San Francisco Bay through Matadero Creek. Stormwater from the proposed project site is currently conveyed through a City pipeline to Matadero Creek. The segment of Matadero Creek between Alma Street/Oregon Expressway and two pumping stations near the Bay is a concrete-lined channel that can convey 100-year flood flows (a flood that has a one percent chance of happening in a year). The SCVWD operates and maintains the drainage channel. The proposed project would not modify an existing natural or engineered drainage channel that could be a source of erosion or siltation in local waterways and, consequently, there would be no impact. See Section VIII.a, e), above, for additional analysis of potential erosion and siltation effects during construction and operation of the project and for description of the measures that would be implemented by the proposed project to reduce erosion and siltation. d)Stormwater from the project site is conveyed through a pipeline to Matadero Creek, which drains to San Francisco Bay. The segment of Matadero Creek between Alma Street/Oregon Expresswayand two pumping stations near the Bay is a concrete-lined channel that can convey100-year flood flows (a flood that has a one percent chance of happening in a year). If the proposed project were approved and developed, stormwater would continue to be conveyed through the storm drainage system to Matadero Creek. The existing partially developed condition of the approximately 2.5-acre site consists of roughly85 percent impervious surface, as a result of the continued presence of preexisting building slabs, compaction of the 79 Santa Clara Valley Water District, Groundwater Conditions 2001, Figure 2-4 District In-Stream and Off-Stream Recharge Facilities, July 2002, p.15, website: http://www.valleywater.org/media/pdf/GWCondtions2001.pdf. (accessed December 10, 2008) 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -57 - surface soils, slowly draining soils, and water returned to the atmosphere by evaporation. The proposed project would cover the entire project site and would be contain an underground parking level. Approximately 11.6 percent of the site would be landscaped, rendering the surface of the site about 90 percent impervious. This increase in the impervious area, from 85 percent to 90 percent, would potentially increase the flow rate of runoff that would occur under small, frequent flood events. The City of Palo Alto is responsible for the maintenance of, and improvements to, the storm drainage system serving the project area. This includes the review and approval of drainage plans for projects that would connect to the City’s storm drain system. The applicant has prepared a preliminary grading and drainage plan for the proposed project. A final grading and drainage plan would be required before building permits would be issued. This final plan would be required to show the existing and proposed spot elevations or contours of the site and demonstrate the proper conveyance of storm water to the nearest adequate municipal storm drainage system. Existing drainage patterns, including accommodation of runoff from adjacent properties, would be required to be maintained. Downspouts and site drainage features would be required to be shown on this plan. As a general practice in the City of Palo Alto, the Public Works Department encourages developers to keep stormwater on site, as much as feasible, bydirecting runoff to landscaped and other pervious areas on the site. This standard practice would be expected to applyto the proposed project. The preliminary drainage plans indicate that 11.6 percent of the site (11,906 square feet) would be landscaped using planting areas, and the remainder of the site would be hardscape drained to the City’s storm drainage system. Prior to being issued a grading permit, the applicant must submit a final drainage plan to the City of Palo Alto, for approval, to ensure compliance with Engineering Design Standards for storm drain facilities, which requires that all new facilities be designed to convey the 10-year storm flow. Under the proposed project design, there would be a potential increase in the runoff rate for small-to medium-sized storm events (a less than 2-year through 10-year storm event) that occur with greater frequency. The increase in flow rates for less than 10-year storm events would not increase the 100-year flood-flow rates or alter flood-flow conveyance capacity. During the larger events, rainfall saturates even natural soils, rendering them effectively impervious, so increased imperviousness often has little effect on flows during extreme events.80,81 Recent improvements to the reach of Matadero Creek to which the project site drains through the City storm drain system, would ensure 100-year flood flow capacity. With implementation of Mitigation Measure MM-4, the proposed project would not exceed the capacityof drainage systems or increase flooding potential on-site or off-site. Consequently, impacts would be less than significant. f)Groundwater under the proposed project site flows north-northeast toward the Oregon Expressway-Page Mill Road underpass. Groundwater was encountered on the project site between 20 and 24 feet below the existing ground surface (bgs) in Boreholes GW-01 and GW-06, at 22 feet bgs in Borehole GW-04, between 24 and 28 feet bgs in Borehole GW-05, and between 28 and 32 feet bgs in Borehole GW-07. (For groundwater information, see Figure 2 on page 3 of the SES, Inc., 2008 report, available for review on the 80 Santa Clara Basin Watershed Management Initiative, Watershed Management Plan: Volume I: Watershed Characteristics Report Unabridged 2003 Revision, Chapter 4 Land Use in the Santa Clara Basin, Revised August 2003, p. 4-10, www.valleywater.org/_wmi/related_report/wcr2003r.cfm 81 San Francisquito Creek Coordinated Resource Management and Planning Flood and Erosion Control Task Force, Reconnaissance Investigation Report of San Francisquito Creek, December 1997, p. 17 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -58 - City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment). Partially confined aquifer conditions appear to exist under the southeast portion of the project site, as indicated by groundwater rising in Borehole GW-04 to 14 feet bgs and in Borehole GW-07 to 12 feet bgs.82 Unless penetrated byexcavation or boreholes, the confining clay layer extending down to 22 feet bgs in Borehole GW-04 and 28 feet bgs in Borehole GW-07 prevents water in the underlying portion of the aquifer from raising toward the ground surface. No groundwater was encountered at the project site shallower than 20 feet bgs. A groundwater plume containing volatile organic compounds (VOCs) is present in the first water-bearing unit (the confined aquifer). According to the site investigation and remedy report, the VOCs originate from off-site upgradient sources known as the HP- Varian plume and the COE plume (see Section VII. Hazards and Hazardous Materials, ofthis Initial Study). Groundwater remediation and monitoring systems are in operation at several sites associated with the sources contributing to the plume including 611 Hansen Way, 1501, 640, and 395 Page Mill Road, and 601 South California Street.83 The site investigation and remedy report concluded the VOC contamination at the project site was not generated from an onsite source, but from the volatilization of VOCs from the underlying plume.84 The VOC distribution in the soil vapor is two orders of magnitude higher under the northeast half of the site and much lower under the southwest half.85 Nonetheless, the RWQCB considers the distribution of elevated levels of VOCs to indicate the probable presence of VOC soil sources under the northeast half of the site (see Section VII, Hazards and Hazardous Materials, of this Initial Study, and the SES,Inc, 2008 report, which is available for review on the City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment).86 The depth of excavation for the removal of existing fill and soil materials, and the depth to which construction of the underground parking level is projected to extend, is 15.4 feet bgs. As previously described, a groundwater plume containing VOCs is present in the first water-bearing unit (the confined aquifer) at least 20 feet bgs, and soil vapors are present in soils at shallower depths. Residual VOCs and hydrocarbons may occur in low-permeability claysoils. As described above (Section VIII.a,e, Hydrology and Water Quality) a Soil Management Plan and Risk Management Plan have been prepared for the proposed project. These Plans identify specific precautions and actions that must be implemented to ensure proper testing, removal, stockpiling, on-site use, and/or transport of contaminated soils. As described in Section VII, Hazards and Hazardous Materials, of this Initial Study, a project-specific Health and Safety Plan (HASP) and project-specific Soil Management Plan (SMP) have been developed for the excavation and construction phases of project implementation (see Appendix G of the SES,Inc.,2008 report; the HASP and SMP are available for review on the City’s website as Appendix E and Appendix F, respectively, or upon request at the City of Palo Alto Department of Planning and Community Environment).The Cityrequires the HASP and SMP be reviewed by the Public Works Department prior to issuance of a grading permit. Overseeing compliance of the SMP is the responsibility of the Building Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater. 82 SES, Inc., 2008, pp. 6 and23 83 Electronic mail post –From: Janet Naito, June 01, 2009 9:20 AM. 84 SES, Inc. 2008, pp. 22 and 23 85 SES, Inc. 2008, pp. 17 and 18 86 Electronic mail post –From: Roger Papler, May 21, 2009 1:04 PM. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -59 - Part of the approval process also includes approval of the plans by the California Air Resources Board (CARB) and the SCVWD. Adherence to the procedures detailed in these plans, during excavation and construction activities, would provide the required protection for workers at the site as well as for residents and visitors in the vicinity of the site. Consequently, the existence of contaminated soil and groundwater beneath the project site is considered a less-than-significant impact. During the past two years of site investigation by Secor (at the upgradient HP-Varian VOC plume) and SES,Inc. (at the project site), the water table generally has been 20 feet bgs or lower, under partially confined aquifer conditions. There is a steep hydraulic gradient toward the northwest, in the direction of the Oregon Expressway-Page Mill Road underpass pump station. In 2007, during the installation of groundwater and soil vapor investigation borings at the project site, groundwater encountered at 22 feet bgs rapidly rose to approximately 14 feet bgs in one boring, and to 12 feet bgs in another.87 This indicates that confined aquifer conditions are present, at least in certain portions of the site, and that groundwater is under hydrostatic pressure. As such, it is possible that excavation could not only intercept groundwater, but that the removal of clay materials during excavation could cause groundwater levels to rise into the excavation area. Four potential effects could result from contaminated groundwater being unexpectedly drawn toward or into the excavated area. If contaminated groundwater were to rise into the excavation area, this could present: (1) a health hazard for construction workers on site, through direct contact or inhalation of VOCs and hydrocarbons (see Section VII.a,b, Hazards and Hazardous Materials of this Initial Study for an explanation of worker inhalation hazard related to excavation of soils containing trapped VOCs); (2) an inhalation health hazard for other people near the site; (3) an impact on the effectiveness of the VOC plume remediation system by altering flow characteristics; and/or (4) it could cause soil vapors to migrate. Dewatering of the excavation, with treated discharge to the portion of the City’s storm drain system that discharges to Matadero Creek, could be necessary. Open pit groundwater dewatering is not allowed by the City, and dewatering is only permitted from April through October because there is inadequate capacityin the City storm drain system to convey water in excess of stormwater runoff during the wet season (November through March). The City’s Public Works Department onlyallows drawdown well groundwater dewatering. If groundwater is less than four feet below the deepest expected excavation, which is a possibility at the project site, a drawdown well dewatering system must be used. The disposal of extracted groundwater contaminated with VOCs, if not properly tested and managed, could degrade water quality, along with possibly causing violations of water quality standards. The aforementioned water quality impact would be addressed, in part, through existing regulatory mechanisms administered bythe City. These standard regulatory mechanisms establish procedures that must be followed for construction dewatering. The timing of these standard requirements –which specifythat the depth to groundwater must be determined immediately prior to excavation if the deepest excavation will be within four feet of the highest anticipated groundwater level –maynot provide sufficient data in advance to address issues at the project site. Specifically, the standard requirements would not address (a) the variations in subsurface hydrogeological conditions across the site, (b) how the groundwater plume could be affected by dewatering, and (c) the approach to testing and removing contaminated groundwater in the event groundwater is unexpectedly encountered or drawn towards the excavation. Consequently, under standard 87 SES, Inc., 2008, p. 17 and Appendix D. The SES, Inc. report is available for review on the City’s website as Appendix I of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -60 - regulatory conditions, the proposed project could affect groundwater and possibly surface water quality. Therefore, the proposed project could have an adverse water quality effect, if additional measures were not implemented. Implementation of Mitigation Measure MM-5, a Construction Dewatering ContingencyPlan, would reduce this impact to a less-than-significant level by ensuring that contaminated groundwater is properly identified and managed, and that the proposed project would thereby achieve compliance with NPDES permit requirements and adopted water quality standards. g, h)The project site is not in a 100-year flood hazard area, so housing would not be affected, and the proposed project would not impede or redirect flood flows.88 There would be no impact. i)The project site is not in an area identified bythe Association of Bay Area Governments (ABAG) as subject to potential dam failure inundation.89 There would be no impact. j)The project site is not in an area that would be subject to tsunami or seiche. The site has no discernible slope, and there are no hillsides that could be a source of mudflows. There would be no impact. Residual Impact:Less than significant with mitigation Mitigation Measures: Mitigation Measure MM-4, in Section VII, Hazards and Hazardous Materials, of this Initial study shall be implemented to limit hydrological impacts related to the underlying contaminated groundwater plume, and potential groundwater mingling with hazardous materials or adverse impacts to existing monitoring wells on site. MM-5: Grading and Drainage Plan The applicant shall submit a final grading and drainage plan for the proposed project, for City approval prior to the issuance of a grading, excavation, or building permit. This grading and drainage plan shall comply with Engineering Design Standards for storm drain facilities, shall be designed to conveythe 10-year storm flow, and shall reflect the recommendations of the Joe Crosby and Associates Geotechnical Report, dated May10, 2004. This report is available for review on the City’s website as Appendix H of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. MM-6:Construction Dewatering Plan A construction dewatering plan shall be prepared consistent with Chapter 33 of the 2010 California Building Code, and shall be submitted to the Cityin association with all proposed sub-grade garage excavation activities prior to issuance of a grading, excavation or building permit. The applicant shall include the dewatering plan in the permit plan set submitted for approvals for anyexcavation activities on the project site. The plan shall provide a system that would remove silt and other pollutants from this water and place clean water into the City storm drain system. 88 Project site is located in Zone X –Area of 500-year flood. FEMA FIRM Panel 0603480005E, June 2, 1999 89 Association of BayArea Governments, ABAG Geographic Information Systems: Earthquake Preparedness; Interactive ABAG (GIS) Maps Showing Dam Failure Inundation; Hazard Maps, Dam Failure Inundation Areas, June 2004. website: http://gis.abag.ca.gov. Accessed December 8, 2008 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -61 - The applicant shall secure current data on the depth to groundwater immediatelyprior to excavation by using piezometers, or bydrilling exploratoryholes, if the deepest excavation would be less than four feet above the highest anticipated groundwater level. Should dewatering be necessary (i.e., if excavation would occur within four feet above the highest anticipated groundwater level and the piezometer investigation revealed the presence of free groundwater within four feet above that highest anticipated groundwater level), the applicant shall secure City permits associated with the placement of dewatering equipment or actual dewatering and excavation activities on the project site or the abutting public right-of-way prior to beginning excavation. Upon installation, the dewatering system shall reflect BMPs that ensure the water discharged would be of appropriate quality. The installation shall be approved by a City field inspector prior to the commencement of construction water discharge to the storm drain. Extracted groundwater shall be tested for contaminants prior to initial discharge and at intervals during dewatering. Testing shall be performed by a third partyhired bythe Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater. Any dewatering to occur in the public right-of-way shall be subject to review and approval bythe City of Palo Alto Public Works Department. Cumulative Analysis The geographic context for the analysis of hydrology and water quality cumulative impacts often is site- specific because each project site has a different set of physical considerations limiting development and construction. Locally, nearby projects would include the two mixed-use developments and the HST. Even when the pollutants and sediments generated by each individual project are minor, the additive effect of cumulative development in a watershed could have an adverse impact on the receiving water bodies, in this case, Matadero Creek and San Francisco Bay. Because the extent of hydrology effects can vary, the geographic context for each impact criterion is identified separatelyfor each cumulative impact explanation. With respect to cumulative effects on water quality associated with construction, all future development in the City (which is in the San Francisco BayBasin and contains a portion of the Matadero Creek Watershed) would be required to conform to applicable NPDES permits’ waste discharge requirements (WDRs) issued by the RWQCB. This includes requirements set forth by the Construction General Permits, Wastewater Discharge Permits, and General Permits (for certain types of construction dewatering), including Provision C.3 of the Municipal NPDES Permit, and the City Municipal Code, which require incorporation of permanent stormwater quality BMPs, to the maximum extent practicable. To obtain coverage under these permits, cumulative development projects would be required to implement construction BMPs similar to those recommended for the proposed project. Thereby, construction impacts of each project on water quality would be rendered less than significantand there would be no combining of effects to produce cumulative impacts. Construction activities could alter the drainage pattern of the individual development sites, but off-site, each drains to the municipal storm drainage system and this would not be altered. Cumulative alteration of the drainage patterns of the watersheds in the Basin would therefore be considered significant and adverse; however, each local project’s contribution to this cumulative impact would not be considerable, because 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -62 - overall, the each would retain the existing drainage pattern at the project site and would not alter the location or flow rate at the discharge point from the project site. This impact would be less than significant. Construction and operation of cumulative development projects has the potential to exceed the capacity of storm drain systems if maintenance and improvement are not ongoing. As local development has increased, the 100-year flood flow conveyance capacityof the Matadero Creek system has been increased. If necessary, individual projects may be required to provide on-site treatment and retention capacity to alleviate cumulative effects. As a result of this maintenance and planning, the cumulative impact on the capacityof storm drain systems would be less than significant. Cumulative development in the watershed, including the two mixed-use development and the HST, has the potential to contribute to violations of water quality standards or WDRs. Lower San Francisco BayBasin, the receiving water body, has noted impairments for chlordane, dichlro-diphenyl-trichloroethane (DDT), dieldrin, dioxin compounds, exotic species, furan (specific organic) compounds, mercury, and polychlorinated biphenyls (PCBs).90 Additional development could exacerbate existing pollutant concentrations, resulting in a potentially significant impact. However, future development in the City (which is in the San Francisco Bay Basin and contains a portion of the Matadero Creek Watershed) would be required to use the storm drainage system infrastructure and conform to Provision C.3 of the Municipal NPDES Permit, the Cityof Palo Alto URMP, and the City Municipal Code, which require incorporation of permanent stormwater quality BMPs, to the maximum extent practicable. Consequently, the overall effect on water quality would be less than significant. 90 US EPA, 2007. 2006 CWA Section 303(d) List of Water Quality Limited Segments, June 28, 2007. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -63 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact IX. LAND USE AND PLANNING. Would the project: a)Physically divide an established community?3 X b)Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 1, 2, 3 X c)Conflict with any applicable habitat conservation plan or natural community conservation plan?1 X a) The project site is in an area that includes railroad tracks, automobile bodyshop and repair, automobile sales and service, offices occupied by AOL and sub-tenants, law offices, and vacant land zoned as General Manufacturing (GM). Residential uses are north, east, and southwest of the project site. Park Boulevard forms the southwest property line; the Caltrain property defines the northeast property line; and Page Mill Road defines the northwest boundary. The project would not involve the creation of physical barriers, such as walls or new roadways,which could result in a physical division of this existing land use pattern. Existing land use connectivity and circulation routes between the project site and its environs would be maintained. Consequently, the proposed project would have no impact related to physical division of an established community. b) The proposed project would be subject to the requirements of several plans and policies, including the City of Palo Alto’s Comprehensive Plan, Housing Element, and the Municipal Code (especially the Zoning Ordinance). A description of the proposed project’s compliance with applicable land use and planning policies is provided below. Comprehensive Plan Policies91 Seven planning policies in the Comprehensive Plan would be applicable to the proposed project. Policy L-5:Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale. Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. Policy L-49:Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing. 91 Relevant policies fromCity of Palo Alto Comprehensive Plan, 1998, Land Use and Transportation Elements 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -64 - Policy L-50:Encourage high quality signage that is attractive, appropriate for the location and balances visibility needs with aesthetic needs. Policy T-1:Make land use decisions that encourage walking, bicycling, and public transit use. Policy T-19:Improve and add attractive, secure bicycle parking at both public and private facilities, including multi-modal transit stations, on transit vehicles, in City parks, in private developments, and at other community destinations. Policy T-22:Improve amenities such as seating, lighting, bicycle, parking, street trees, and interpretive stations along bicycle and pedestrian paths and in City parks to encourage walking and cycling and enhance the feeling of safety. To ensure that the proposed project would complywith Comprehensive Plan design and planning policies, the City requires review of the proposed project by the ARB. The ARB is an advisory board to the Director of Planning and Community Environment who considers the ARB’s recommendations and bases his decision to grant Architectural Review approval on the Architectural Review findings stated in PAMC 18.76.050(d), which implement the Comprehensive Plan design and planning policies. With application of Mitigation Measure MM-1, which involves mandatory incorporation of the conditions of Architectural Review approval in the final project design (see Section I,Aesthetics,of this Initial Study), the project would be consistent with Comprehensive Plan policies. Consequently, the proposed project would have less-than-significant impacts related to conflicts with Comprehensive Plan policies. Land Use and Zoning Designations The project site is designated for Light Industrial land uses in the Palo Alto Comprehensive Plan.92 The Light Industrial land use designation allows wholesale and storage warehouses and the manufacturing, processing, repairing, and packaging of goods. Compatible residential and mixed-use projects, with an FAR up to 0.5 may be developed in Light Industrial areas.93 At the project site, this allowable FAR equates to a maximum floor area of 52,485 square feet. The project site is in the General Manufacturing (GM) zoning district in the Palo Alto Zoning Ordinance.94 The GM district provides for light manufacturing, research, and commercial service uses. Office uses are limited in order to maintain the district as a desirable location for manufacturing uses. GM zoning does not allow residential uses. Nonetheless, the Housing Element of the Comprehensive Plan designates the project site for residential uses and recommends that High-Density Multiple-Family Residential District (RM-40) zoning be applied to the project site.95 Although the Comprehensive Plan allows residential uses at the project site and the Housing Element designates the site for housing, the RM-40 zoning recommended by the Housing Element has not been adopted for the project site as of the date of publication of this Initial Study and therefore, the City is applying the designated GM zoning standard. Table 2 shows applicable development regulations for the GM district. 92 City of Palo Alto Comprehensive Plan, 1998. Land Use and Circulation Map 93 City of Palo Alto Comprehensive Plan, 1998. Land Use Element, p. L-12 94 City of Palo Alto Municipal Code, Chapter 18.20, Office, Research and Manufacturing Districts, last updated 2005 95 City of Palo Alto Comprehensive Plan, 1998. Housing Element, p. 15-16 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -65 - As shown in Table 2, the proposed project would comply with all development requirements for the GM district except for the following items: (1) the maximum FAR requirement and (2) the proposed residential use comprised of 84 dwelling units. State housing law provides incentives and exemptions that promote the development of housing on sites not currently zoned for residential uses, assuming that residential uses would be appropriate for the land use setting. The applicant has requested concessions from the City under California Government Code Section 65915-65918,96 which amended the State density bonus program and became effective on January 1,2005. The law requires cities to offer incentives or concessions to encourage the construction of affordable housing (allowances for mixed use, increased FAR or height, reductions in parking, setbacks, open space, etc.) based on the percentage of affordable units in a development. ·One incentive or concession is to be granted for projects with at least 10 percent of the total units for lower income households; ·Two incentives or concessions are to be granted for projects that include at least 20 percent of the total units for lower income households; ·Three incentives or concessions are to be granted for projects that include at least 30 percent of the total units for lower income households. With 20 percent of the units (17 units) designated as BMR units, the applicant has requested two concessions as part of the proposed project, as indicated in the project description. ·One concession is to allow the proposed project to provide housing in the GM zone as a mixed-use development. Approval of mixed-use in connection with the housing project is specifically identified as a permissible concession under Government Code Section 65915(1) if the non-residential use will reduce the cost of the housing development. In this case, the non-residential use, as previously established at the project site, reduces the cost of the housing. ·The additional concession is to allow for an overall FAR of 1.5. whereas the GM district onlypermits an FAR of 0.5. The additional FAR is necessary to retain the previously-existing non-residential uses without decreasing the number of residential units, thus keeping within the purpose and intent of the State statute and the City’s desire to retain light industrial uses in the GM zoning district. 96 California Government Code, Section 65915, Density Bonuses 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -66 - Table 2 GM Zoning District Development Regulations Development Regulations Feature Proposed Project GM District Conforms? Minimum Site Area 104,971 sq. ft. NR1 N/A Minimum Site Width 451.67 ft.NR N/A Minimum Site Depth 212.67 ft.NR N/A Front Setback: (Park Boulevard) 8.67 ft. (1st floor) 7.33 ft. 2nd /3rd floors)NR N/A Street Side Setback (Page Mill Road) 6.67 ft. (1st floor) 5.33 ft. (2nd/3rd floors)NR N/A Side Interior Setback 10 ft. (1st floor) 5 ft. (2nd/3rd floors)NR N/A Rear Setback 0 ft.NR N/A Floor Area Ratio 1.5 0.5 No; concessions requested2 Maximum density 84 units3 NR N/A Site Coverage Building Overhangs 50,467 sq. ft. (48 %) 11,493 sq. ft. (11 %)NR N/A Building Height (maximum)4 59.25 ft. (65 ft. max. at architectural element/mechanical feature) 50 ft.Yes Parking Spaces5 302 388 Yes Accessible Parking 9 spaces 8 spaces Yes Bicycle Parking6 112 112 Yes Source:City of Palo Alto Municipal Code, Chapter 18.20, Office, Research and Manufacturing Districts. Last updated 2005; and Chapter 18.13, Multiple Family Residential Districts. Last updated 2007. Project design provided by Court House Plaza Limited Partnership, 2011. Notes: 1.NR = No requirement2.FAR would be 0.48 for R&D component and 1.02 for residential component. 3.The applicant has requested concessions from the City for the proposed FAR and for the proposed mixed-used development which includes dwelling units in the GM zone pursuant to California Government Code Section 65915-65918. 4.An additional 15 ft is allowed for mechanical equipment and architectural features pursuant to PAMC Section 18.40.090. 5.Assumes a maximum 20 percent reduction for joint use (shared) facilities and a maximum 20 percent reduction for housing near transit, with a combined parking reduction not to exceed 30 percent. This reduction is granted at the discretion of the Director of Planning and Community Environment. The 302 proposed parking spaces include spaces proposed in the landscape reserve. 6.It is assumed that the project sponsor would be responsible for meeting the requirements for bicycle parking for residential as well as R&D uses. Total required bicycle parking would be 112 spaces. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -67 - The proposed project could not be approved as designed without the stated concessions; therefore, the concessions are a prerequisite to the approval of the project. There would be no remaining conflicts with applicable zoning or land use designations following approval of the concessions. Consequently, the proposed project would have less-than-significant impacts with respect to land use and zoning designations. c) There are no applicable habitat conservation plans or natural community conservation plans that pertain to the project site. Consequently, the proposed project would have no impact with respect to any habitat conservation plan or natural community conservation plan. Residual Impact:Less than significant with mitigation Mitigation Measures:See MM-1, under Section I, Aesthetics (above). Cumulative Analysis The foreseeable future projects in the vicinity of the proposed project include the HST and two mixed-use developments. These projects, as well as the proposed project, would be subject to applicable City plans and policies set forth by the City of Palo Alto Comprehensive Plan.97 Such cumulative development would not be expected to result in a substantial adverse change in the area’s land use character or divide an established community. Therefore, the proposed project would not result in significant adverse changes in the area’s land use character or divide an established communityand would not contribute to significant cumulative land use impacts. Consequently, the proposed project would have no cumulative impact related to land uses and land use planning. 97 Relevant policies from City of Palo Alto Comprehensive Plan, 1998, Land Use and Transportation Elements. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -68 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact X. MINERAL RESOURCES. Would the project: a)Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 1, 3 X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 1, 3 X a, b)The project site is not in a designated mineral resource recovery sector. Consequently, the proposed project would have no impact with respect to access to known mineral resources. Residual Impact:No impact Mitigation Measures:None required Cumulative Analysis The proposed project would not impact mineral resources, directly or indirectly. Therefore, would not contribute to cumulative mineral resource impacts. Consequently, the proposed project, in addition to other foreseeable projects, would have no impact with respect to access to known mineral resources. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -69 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact XI. NOISE. Would the project result in: a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 1, 2 X b)Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels?1, 2 X c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 1, 2 X d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 1, 3 X e)For a project located within an airport land use plan or, where such a plan has not been adopted, would the project expose people residing or working in the project area to excessive noise levels? 1, 3 X f)For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 1, 3 X Sound is created when objects vibrate, resulting in air pressure variations characterized by their amplitude (loudness) and frequency (pitch). The standard unit of sound amplitude is the decibel (dB), which describes the mechanical energy contained in the pressure variations. The pitch of the sound is related to the frequency of the pressure variation. The human ear’s sensitivity to sound is frequency- dependent. A sound level meter (SLM) is used to measure sound amplitude. To correlate such measurement data with sound amplitude as the human ear perceives it, an A-weighting filter is used by the SLM. A-weighting de-emphasizes low-frequencyand very high-frequency sound in a manner similar to the human ear. If A-weighting has been applied by an SLM, the abbreviation dBA is used when the sound level is reported. The use of A-weighting is required by most local General Plans, as well as federal and state regulatory agencies (e.g. Caltrans, EPA, OSHA and HUD). Most commonly, noise is defined as “unwanted” sound. All quantitative descriptors used to report environmental sound levels recognize the strong correlation between the high acoustical energycontent of a sound (i.e., its loudness and duration) and the disruptive effect it is likely to have when experienced by a listener. Because environmental sound levels fluctuate over time, most such descriptors average the sound levels over the time of exposure, and some add “penalties” during the times of day when intrusive sound would be considered more disruptive by those exposed to it. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -70 - The most commonly used descriptors are: ·Equivalent EnergyLevel (Leq) is the constant noise level that would deliver the same acoustic energy to the ear of a listener as the actual time-varying noise would deliver over the same exposure time. No “penalties” are added to any noise levels during the exposure time; Leq would be the same regardless of the time of day during which the noise occurred. ·Day-Night Average Level (Ldn) is a 24-hour average Leq with a 10 dBA “penalty” added to noise levels during the hours of 10:00 p.m. to 7:00 a.m. to account for increased sensitivity that people tend to have to nighttime noise. Because of this penalty, the Ldn would always be higher than its corresponding 24- hour Leq (e.g., a constant 60 dBA noise over 24 hours would have a 60 dBA Leq, but a 66.4 dBA Ldn). Vibration is mechanical energy radiated through the ground by a vibrating object. The amplitude of the ground motion caused by vibrating source is specified in vibration decibels (VdB). Ground borne vibration background levels are typicallynear 50 VdB or below, which are not perceptible by humans. In contrast, at 100 VdB, structural damage can occur in susceptible buildings. The Comprehensive Plan provides the following criteria for determining whether noise levels would cause a significant environmental impact. Policy N-39:Encourage the location of land uses in areas with compatible noise environments. Use the guidelines in the table “Land Use Compatibility for Community Noise Environment” to determine compatibility. ·The guideline for maximum outdoor noise levels in residential areas is an Ldn of 60 dB. This level is a guideline for the design and location of future development and a goal for the reduction of noise in existing development. However, 60 Ldn is a guideline, which cannot necessarily be reached in all residential areas within the constraint of economic or aesthetic feasibility. This guideline will be primarily applied where outdoor use is a major consideration (e.g., backyards in single familyhousing developments and recreational areas in multiple family housing projects). Where the City determines that providing an Ldn of 60 dB or lower outdoors is not feasible, the noise level in outdoor areas intended for recreational use should be reduced to as close as the standard as feasible through project design. ·The indoor noise level as required by the State of California Noise Insulation Standards (Title 25) must not exceed an Ldn of 45 dB in multiple family dwellings. This indoor criterion shall also apply to new single family homes in Palo Alto. ·Interior noise levels in new single familyand multiple familyresidential units exposed to an exterior Ldn of 60 dB or greater should be limited to a maximum instantaneous noise level of 50 dB in the bedrooms. Maximum instantaneous noise levels in other rooms should not exceed 55 dB. The Cityof Palo Alto provides protection from “excessive, unnecessary, and unreasonable noises” through the Noise Ordinance, Palo Alto Municipal Code (PAMC)9.10. PAMC 9.10.060 identifies an exception to the City’s noise limits for construction on residential properties that occurs between the hours of 8:00 AM and 6:00 PM on Monday through Friday, and from 9:00 AM to 6:00 PM on Saturday, provided that no individual piece of equipment produces a noise level exceeding 110 dBA at a distance of 25 feet and that the 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -71 - noise level at any point outside of the property line would not exceed 110 dBA. Construction is prohibited completely on Sundays and holidays. Control of noise generated from construction truck traffic is provided in PAMC 10.48 that details truck routes and requires that projects follow standard construction techniques and best management practices, including the development of a Construction Management Plan, which would identify measures to reduce construction noise. The Federal Transit Administration (FTA) has noise and vibration impact criteria for assessing conventional transit systems such as Caltrain. The Federal Railroad Administration (FRA) has similar noise and vibration criteria for assessing the impact of the high-speed train (HST) systems, including the one currentlyproposed in California. Since the project under consideration is mixed-use commercial/residential building, not a new transit system, Cityand State standards for noise and vibration would normally be used to assess its impacts instead of the FTA or FRA criteria. However, neither the City’s Comprehensive Plan nor the State’s Title 25 Standards set thresholds for acceptable vibration levels in residences. Thus, for this project, the vibration impact criteria of the FRA (which are essentially the same as those of the FTA) were used to assess the vibration impacts of Caltrain on the project, and the cumulative vibration impacts of combined operation of Caltrain and HST on the project. a, c) Noise sensitive receptors are those areas that are more sensitive to ambient noise levels than other areas, such as residences, schools, and hospitals. The proposed project, with 84 residential units, would be considered a sensitive receptor. The two major sources of noise in the vicinity of the project site are motor vehicle traffic (primarilyon Alma Street to the north of the site) and railroad operations (Caltrain commuter trains and freight trains on the adjacent tracks). Other noise is produced bythe dailyactivities that take place in the area. The Noise Element of the Comprehensive Plan recommends a maximum of 60 dBA Ldn for exterior residential uses (or, where 60 dBA Ldn or lower is not feasible, as close to this standard as feasible in outdoor areas intended for recreational use), and the State of California mandates a maximum of 45 dBA Ldn for residential interior living spaces in multi-family buildings. The California Building Code requires that mechanical ventilation be provided for every room exposed to an exterior noise level of 60 dBA Ldn. According to the project noise assessment conducted by Charles M. Salter Associates, Inc. (June 2004), existing noise levels on-site are due primarily to vehicular traffic and railroad operations. The daily average noise levels on site ranged from 74 dBA Ldn at the portion of the site closest to the Caltrain line to 65 dBA Ldn near Page Mill Road and Park Boulevard, where the influence of motor vehicle traffic is dominant. The average on-site maximum instantaneous noise level (Lmax) from train pass-bys is 95 dBA.98 With on-site noise levels ranging from 65 dBA Ldn to 74 dBA Ldn, the proposed project would be located on a site exceeding the ideal maximum outdoor noise level of 60 dBA Ldn recommended in the General Plan for residential uses. However, current project plans call for a rectangular building having an interior courtyard with a solid outer wall and an interior hallway facing the Caltrain right-of-way. Thus, none of the 98 Rosen, Goldber, Der & Lewitz, Inc. Draft Noise and Vibration Analysis of California High-Speed Rail at 195 Page Mill Road Mixed-Use Project, Palo Alto, CA. RGDL Project# 10-067. January 2011. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -72 - residential units would have windows facing Caltrain and the windows of all the units would be acoustically rated to assure that interior levels attain the City’s Comprehensive Plan and the State’s Title 25 standards.99 The City’s Comprehensive Plan indicates that if the exterior noise level is greater than 60 dBA Ldn, then Lmax generated by repetitive, commonly occurring events should be maintained at 50 dBA in bedrooms and 55 dBA in other rooms. The project noise assessment determined that the average on-site Lmax from train pass-bys is 95 dBA. It also stated that the project structure’s exterior wall facing Caltrain would have a minimum STC-50 rating (i.e., that noise from exterior sources penetrating this wall would be reduced byat least 50 dBA). Thus, Lmax would not exceed 50 dBA in bedrooms and 55 dBA in other rooms. Mitigation Measure MM-7, below, would reduce project long-term (Ldn) and short-term (Lmax) interior noise impacts to a less-than-significant level through inclusion in the proposed project of design features specified in the project noise assessment. The project’s three-story building façade would block the propagation of Caltrain noise into its exterior courtyard, which would very likely be used for recreational purposes by the future residents. The project noise assessment estimates that noise levels within the courtyard would be below 60 dBA Ldn and, therefore, be in compliance with the City’s Policy N-39. Impacts would be less than significant. The project building facade could also reflect some of the train noise, potentiallyincreasing noise levels in the residential neighborhood east of the Caltrain tracks. This potential was evaluated by using the findings of a noise study done for the Pedestrian Transit Oriented Development Combining District (PTOD) overlay.100 That studyindicated that in order to reflect a substantial fraction of noise from a nearbysource, a building would have to be high and long with a continuous, flat surface of acoustically non-absorbent material; when all these conditions occur, the maximum effect expected would be a 3 dBA increase from the noise level produced by that source alone in the absence of the reflecting surface.101 The proposed project would be slightly larger than the two-story buildings that previously occupied the project site (which were demolished in August 2007) and would include articulations in the façade so as not to present a continuous, flat surface to Caltrain. Also, the proposed building would be 60 feet from the nearest Caltrain track, thereby decreasing the effective surface area that train noise could reflect from, and increasing the distance the reflected noise would travel to reach the eastern neighborhood; both factors would decrease the intensity of such reflected noise. Finally, the PTOD noise study found that motor vehicle traffic on Alma Street was the dominant noise source affecting the eastern neighborhood, not Caltrain. Thus, the noise level increase in the eastern neighborhood from the reflected train noise in the presence of substantial traffic background noise would be less than it would be if noise from Caltrain alone was affecting the neighborhood. All these facts support the conclusion that train noise reflected from the project structures would have a less-than– significant impact in the eastern neighborhood. 99 Charles M. Salter Associates, Inc., Park Plaza, Palo Alto CA, Acoustical Review of Project Revisions, September 26, 2005. This report is available for review on the City’s website as Appendix M of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 100 EIP Associates, Evaluation of the Potential for Train Noise Reflection near the California Avenue Caltrain Station in Palo Alto, April 2006 101 EIP Associates, April 2006, p. 8 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -73 - The proposed project would generate traffic that would increase noise levels along area roadways.As noted in the traffic study, the proposed project would generate approximately 577 net new daily trips, with 40 net new AM peak hour trips and 56 net new PM peak hour trips.102 All these motor vehicle trips would disperse among the streets affording access to the project site. Thus, the number of project-related vehicles on any street would be minimal compared to its existing traffic volume. The proposed project would not generate noise in excess of standards established in the Comprehensive Plan and Noise Ordinance, a less-than- significant impact. b, d)Construction of the project would temporarily increase current noise and vibration levels in the vicinity of the project site. Typical noise and vibration sources would include mechanical equipment associated with excavation, removal of pavement, and construction vehicles. Operation of construction equipment could generate noise exceeding the Citynoise standards. According to the City’s Noise Ordinance, construction activities are exempt from City noise standards during the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m., Saturday, provided that noise levels do not exceed 110 dBA at 25 feet. The proposed project would be required to comply with the construction requirements of the Noise Ordinance. All construction truck traffic would be required to conform to the City of Palo Alto Trucks and Traffic Ordinance (10.48) that details truck routes; this would help reduce noise impacts to off-site residential neighborhoods. Because construction activities would be restricted to the daytime hours and required to complywith the City of Palo Alto Noise Ordinance, the proposed project would have less-than- significant impacts related to construction noise. Because construction activities would not include pile driving and would be several hundred feet distant from the nearest vibration-sensitive receptors, the proposed project would have less-than-significant impacts related to construction vibration. Existing vibration levels produced by Caltrain operations were measured as part of the study conducted by Charles M. Salter Associates at the project site. The measured levels indicate that vibration from train pass- bys range from about 65 VdB to 71 VdB.103 According to the Federal Transit Administration (FTA), vibration levels at residential uses should not exceed 75 VdB for occasional events (defined as between 30 to 70 vibration events per day, which best fits the frequency of Caltrain’s current train operations) to avoid vibration impacts. The project site has a maximum vibration level of 71 VdB, which is less than the FTA standard. Consequently, vibration impacts to the proposed residential uses would be less than significant. e, f)The project site is not in an airport land use plan or in the vicinity of a private airstrip. Consequently, no impact related to exposure to excessive airport or airstrip noise would occur. 102 a) Fehr and Peers, 2006. Park Plaza Transportation Impact Assessment, p. 19 b) Fehr and Peers, 2009. Park Plaza Mixed Use Project Trip Generation and Off-Street Parking Analysis, p. 1. October 16, 2009 These reports are available for review on the City’s website as Appendices J, K, and L of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 103 Rosen, Goldberg, Der & Lewitz, Inc, Noise and Vibration Analysis of California High-Speed Rail at 195 Page Mill Road Mixed-Use Project Palo Alto, CA (Administrative Draft), January 14, 2011. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -74 - Residual Impact:Less than significant with mitigation. Mitigation Measure: MM-7:Indoor Noise Minimization The project shall include design features as specified in the project noise assessment to reduce the indoor noise levels to meet the interior noise standards prescribed by the City of Palo Alto Comprehensive Plan Policy N-39. Cumulative Analysis An assessment of HST noise and vibration impacts on the proposed project was conducted by Rosen, Goldberg, Der & Lewitz, Inc.104 Using the FRA methodology, the estimated Ldn at the setback of the proposed building from the HST alone would be 74 dBA Ldn, assuming that the tracks will be at-grade. If the tracks were in a deep trench then there would be additional acoustical shielding from the edge of the trench, which could reduce the HST noise levels by about 15 dBA to 59 dBA Ldn. To estimate the cumulative noise level of both the HST and Caltrain operations in the corridor, the Caltrain noise level determined in the project noise assessment (i.e., 74 dBA Ldn at the setback of the project buildings) was combined with the HST noise level. Thus, the total noise level from the two sources would be 77 dBA Ldn. The Lmax from HST pass-bys with the track at-grade is expected to be 90 dBA.105 A residential noise exposure of 77 dBA Ldn would be “Unacceptable” under the City’s Comprehensive Plan Noise Compatibility Guidelines, which state that residential development should generally not be undertaken because “mitigation is usually not feasible to comply with noise element policies.” However, the project includes an acoustically rated (STC-50) exterior wall and an interior corridor along the railroad side of the building to buffer residential units from direct exposure to train noise. Although the exterior noise level is considered “Unacceptable” according to the Comprehensive Plan, with the proposed design it wouldachieve the City and State’s 45 dBA Ldn indoor noise standard and the Citystandard limiting Lmax to 50/55 dBA in residential bed/other rooms with sound-rated construction and mechanical ventilation. Thus, cumulative interior noise impacts on the project would be less than significant. The primaryoutdoor use area for the project is its central courtyard. Since this area would be protected from Caltrain and HST railroad noise bythe acoustical shielding provided bythe building itself, it would meet the City’s “Normally Acceptable” exterior noise level of 60 dBA Ldn. Thus, cumulative exterior noise impacts on the project would be less than significant. Using FRA methodology, the estimated vibration level would be 78 VdB at the second floor of the building where residences would be located. At the first floor commercial uses, the vibration level would be about 80 VdB. This 78 dBA vibration level at the nearest residential units would exceed the FRA impact threshold of 72 VdB for frequent train pass-bys; the vibrations would be distinctly perceptible by the residents. Thus, a reduction of 8 VdB at ground level would be necessary to reach the FRA threshold. 104 Rosen, Goldberg, Der & Lewitz, Inc. Draft Noise and Vibration Analysis of California High-Speed Rail at 195 Page Mill Road Mixed-Use Project, Palo Alto, CA. RGDL Project# 10-067. January 2011 105 Email communication from Harold Goldberg, Rosen, Goldberg, Der & Lewitz, Inc, February 4, 2011. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -75 - Vibration reduction techniques of known effectiveness are much more easilyimplemented by new rail transit facilities than bynew residential buildings. The FRA endorses three different track construction techniques (i.e., floating-slab track bed, ballast mats and resilientlysupported ties) for reducing ground borne vibration by 10 to 15 dB, while providing no information on measures that can be used in specified building types. The proposed building reduces vibration levels to the 72 VdB threshold because it uses a heavy concrete underground parking structure floor with concrete spread footings and a concrete podium for the ceiling of the first floor R&D level with a metal stud construction for the second and third floor residential units.. Mitigation Measure MM-7, above, would reduce the cumulative vibration impacts of Caltrain and HST operations to a less-than-significant level through inclusion in the proposed project of design features specified in a vibration assessment that would guarantee attainment of FRA criteria. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -76 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact XII. POPULATION ANDHOUSING. Would the project: a)Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 1 X b)Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?1 X c)Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?1 X a)The project site is identified on the Housing Sites Inventory in the Housing Element of the Comprehensive Plan as a potential housing site to meet the City’s Regional Housing Needs Allocation. Although housing is not generally allowed in the GM zone in which the project site is situated, housing is allowed by right because the site is on the Housing Sites Inventory. The State Housing Element law prohibits a city from reducing its housing potential on a site unless compensating sites are designated or all housing needs are met. Approximately 20 percent of the units of the proposed project would be designated as BMR units, helping meet the City’s responsibility of adding 610 very low to moderate income residential units to its housing stock. According to the Palo Alto Comprehensive Plan, the population of Palo Alto was 58,598 in 2000 and is projected to increase to 62,880 by 2010. By adding 84 units to the housing stock, the proposed project would contribute to population growth in the area. With an average household size of 2.24 persons, the proposed project would generate a population increase of approximately 188 people; however, the project site is included as a Housing OpportunitySite in the Housing Element, and the population increase has been anticipated. This incremental increase in population generated bythe proposed project would be less than significant. b)The project site previously contained structures consisting of 50,468 square feet of commercial and R&D space. The proposed project consists of a new three-story building that includes 50,467 square feet of R&D space on the ground floor, and two levels of residential apartments, totaling 84 units (106,920 square feet) on the second and third story. Because there was no housing (residential uses) on the site, the proposed project would result in no impact related to displacing existing housing units. c)The proposed project would included the conversion of a vacant 50,468-square-foot commercial and R&D space into a three-story building that includes 50,467 square feet of R&D space on the ground floor, and two levels of residential apartments, totaling 84 units (106,920 square feet) on the second-and third-story. Because the project site is vacant, the proposed project would create no impact related to displacing people. Residual Impact:Less than significant Mitigation Measure:None 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -77 - Cumulative Analysis The proposed project would increase housing in the City of Palo Alto. However, this increase is considered to be minimal, and therefore, negligible. Additionally, because there was no housing on the proposed site, the proposed project would result in no impacts to existing housing. Lastly, the proposed project would have no impact related to displacement of people because the proposed project would construct a new building on a site that is currently vacent. Therefore, the proposed project, in combination with other foreseeable projects, would not contribute to cumulative impacts associated with population increase, displacement of existing housing units and displacement of people. As such, cumulative impacts are less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -78 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact XIII. PUBLIC SERVICES. a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: ·Fire protection?·Police protection? ·Schools?·Parks? ·Other public facilities? 3, 37 X a)Public service impacts are assessed in the context of the 1995 appellate court decision Goleta Union School District v. The Regents of the University of California. The decision held that an increase in demand for public services, such as additional staff or lengthier response times, could lead to potentially significant environmental impacts only if constructing or expanding a new facilitywas required and the construction or operation of the facility might adversely affect the air, water, noise, or other aspects of the physical environment. Consequently, increases in public service demand alone do not constitute a significant environmental effect. If significant effects are identified, the affected service provider would determine appropriate mitigation. Fire Protection and Emergency Services The Palo Alto Fire Department (PAFD) provides fire and emergency services to the City of Palo Alto and Stanford Universityyear-round and serves Los Altos Hills during summer months when the risk of wildfire is greater. Between 2006 and 2007, eight PAFD stations served about 75,000 residents in a service area of approximately 50 square miles.106 The PAFD serves a daytime population of over 125,000 people, which includes a large number of employees from high-technology businesses and Stanford University.107 Between 2006 and 2007, the PAFD had a total of 103 full-time firefighters: a staffing ratio of 1.21 firefighters per 1,000 residents served.108 The PAPD’s ratio of daytime population to firefighters is approximately 0.73 firefighters per 1,000 people. Each fire station provides services to approximately 9,375 City residents. According to the PAFD, “the number of residents served per fire station has increased by two percent over five years, but is still substantially below the number served per fire station in some other local jurisdictions.”109 PAFD personnel are organized into four functional areas: (1)EmergencyResponse; (2)Environmental and SafetyManagement; (3)Training and Personnel 106 Palo Alto Fire Department, http://www.pafd.org/profile/index.html, accessed December 12, 2008 107 Palo Alto Fire Department, http://www.pafd.org/profile/index.html, accessed December 12, 2008 108 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Annual Report on City Government Performance, Chapter 3 –Fire, January 2008 109 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 3, 2008 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -79 - Management; and (4)Records and Information Management.110 The PAFD does not evaluate its level of service by staffing ratio goals; instead, service goals are set bythe percent of calls that are responded to under a specified response time goal.111 The Department’s average response time goal is to respond to 90 percent of fire emergencies and emergencymedical requests for service within 8 minutes and to respond to 90 percent of paramedic calls for service within 12 minutes. Emergency medical requests are more life-threatening calls that necessitate ambulance life support (ALS) transportation. Paramedic calls are calls that are less serious and that include basic life support (BLS) transportation. During the 2006-2007 fiscal year, the PAFD responded to 87 percent of fire emergency calls within its response time goal, 92 percent of emergency medical calls within its response time goal, and 97 percent of paramedic calls within the response time goals.112 Consequently, the PAFD met its percentage goal for responding to calls under its response time goal for emergency medical and paramedic calls, but not for fire emergency calls. From 2006 to 2007, the PAFD responded to 7,236 calls for service, of which 55 percent were medical related; 18 percent were false alarms; 5 percent were service calls; 3 percent were fire related; 3 percent were hazardous conditions related; and 17 percent were other types of emergencies.113 The average response time of the PAFD was 5 minutes 48 seconds for fire calls and 5 minutes 17 seconds for emergency medical calls.114 The PAFD is the primary 911 ambulance service provider to the City of Palo Alto, Stanford Campus, and the Stanford Linear Accelerator Center (SLAC). American Medical Response (AMR) is the 911 ambulance system provider in Santa Clara County. AMR provides back up ambulance service to the PAFD’s ambulance system and responds into the PAFD service area when all of the City of Palo Alto’s ambulance resources are committed to other emergency calls. Although the PAFD met their percentage goal for responding to medical emergency and paramedic calls within their percentage of calls responded to under their specified response time, the PAFD reported that they receive a number of medical response calls per year to which they cannot respond.115 All of these calls are handled by AMR. The contract between AMR and the County of Santa Clara does not legally require AMR to respond to ambulance calls within the City of Palo Alto.116 Also, AMR response times in Palo Alto tend to be longer than that of PAFD’s response times.117 Consequently, there is a deficiency in the medical response services provided to the City of Palo Alto. This deficiency would not be substantially exacerbated by the proposed project because, even when fullyoccupied, the project site would represent only a small portion of the total demand for emergency response services. 110 Palo Alto Fire Department, http://www.pafd.org/profile/index.html, accessed December 12, 2008 111 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 3, 2008 112 City ofPalo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 3, 2008 113 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 3, 2008 114 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 3, 2008 115 Dan Firth, Fire Marshal, Palo Alto Fire Department, electronic communication April 13, 2008 116 Agreement between the County of Santa Clara and American Medical Response –West for Pre-hospital Emergency Medical Care and Transport Services, http://www.sccemsagency.org/SCC/docs/Emergency%20Medical%20Services%20(DEP)/attachments/5.11%20AMR% 20Agreement%20- %20Complete.pdf, page 10, accessed May 8, 2008 117 Dan Firth, Fire Marshal, Palo Alto Fire Department, electronic communication, April 13, 2008 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -80 - As a part of the PAFD’s budgetary and review processes, the PAFD evaluates the realignment of response districts to determine whether they can increase their response time capabilities, which could allow the PAFD to respond to more calls and do so in less time. The district boundaries determine the areas in which a particular station responds to calls. The project site is in a developed urban area that is already served by fire stations, ambulance service, and infrastructure. The demand for fire protection and emergency response services from the R&D component of the project would not exceed demand from previous office/R&D facilities (now demolished). The demand for fire protection services generated by the residential component of the project would represent a small portion of the City of Palo Alto’s total fire protection demand. Therefore, the proposed project would not necessitate the construction of new fire protection facilities or infrastructure. If deemed necessary by the City of Palo Alto, development fees could be required pursuant to approval of the development permit to offset the project’s contribution to cumulative demand for fire protection facilities. Consequently, all fire protection impacts associated with the proposed project would be less than significant. Police Protection The Palo Alto Police Department (PAPD) provides law enforcement services to the Cityof Palo Alto. As of the 2006-2007 fiscal year, PAPD staff included a total of 164 full-time employees, with 93 sworn officers, including 1 chief, 2 captains, 6 lieutenants, 14 sergeants, 19 agents, and 51 officers.118 The PAPD has 30 marked vehicles and 9 motorcycles.119 The PAPD has one central station at 275 Forest Avenue, which serves the entire City of Palo Alto; however, the PAPD is planning to move into a new Public Safety Building in 2011, which would be across the street from the project site. This new building would have capacity for approximately the same number of officers as the current station and increased capacity for 52 patrol vehicles.120 Because the daytime population in Palo Alto increases from approximately 61,200 to 125,000, the current staffing ratio of police officers per 1,000 people fluctuates between 0.66 during daytime hours and 1.34 during nighttime hours.121 Population numbers differ from those in the previous Fire Protection and Emergency Services discussion because the PAPD and PAFD have different service areas. The PAPD does not measure its service goals with staffing ratios; instead, service goals are determined through the percentage of emergency calls that are responded to within a target time and the average response time for urgent calls. PAPD categorizes calls requiring police response as “emergency”, “urgent”, and “non-emergency”.122 Emergencycalls include crimes in progress that are life-threatening or that may involve substantial loss of property. These calls include major injury accident calls and medical calls, such as for heart attacks. Urgent calls include suspicious activityin progress or requests to respond to emergencies that occurred within the last hour, but that are not currently in progress. Non- emergency calls include noise complaints and other non-crime related issues. 118 City of Palo Alto 2006-07 Adopted Budget 119 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Annual Report on City Government Performance, Chapter 6 –Police, January 2008 120 City of Palo Alto, Palo Alto Public Safety Building Project Final EIR, July 11, 2007 121 City of Palo Alto, Police, http://www.city.palo-alto.ca.us/depts/pol/default.asp, accessed December 12, 2008. 122 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 6, 2008 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -81 - The PAPD received 60,079 calls in the 2006-2007 fiscal year. The average response time for emergency calls was 5 minutes 8 seconds, the average response time for urgent calls was 7 minutes 24 seconds, and the average response time for non-emergency calls was 19 minutes 26 seconds.123 These response times include dispatch times.The PAPD estimates that 96 percent of the emergency calls were dispatched within 60 seconds of receipt of the call: the target is 95 percent within 60 seconds.124 The PAPD goal for response to an emergency call is to respond to 90 percent of emergency calls within 6 minutes. In the 2006-2007 fiscal year, the PAPD responded to 73 percent of emergency calls within 6 minutes and, therefore, did not meet the goal. The PAPD measures goals for responding to urgent calls by average response times and not percentage of calls responded to within a response time goal. The average response time goal for urgent calls is 10 minutes.125 The PAFD met the average response time goal for urgent calls with an average response time of 7 minutes 24 seconds. During the same time period 95 percent of non-emergency calls were responded to within 60 minutes. According to the PAPD, non- emergencycalls generallyare routine or report-type calls that can be handled as time permits. As such, during the 2006-2007 fiscal year, PAPD’s average response time goals were met for urgent calls; however, the goal for emergency calls was not met. The project site is in a developed urban area adjacent to the future Public Safety Building. The demand for police protection from the R&D component of the project would not exceed demand from previous office/R&D facilities (now demolished). The demand for police protection services generated by the residential component of the project would represent a small portion of the City of Palo Alto’s total police protection demand. Facilities are being updated to address future service demand projections and improve service ratios. Consequently, all police protection impacts associated with the proposed project would be less than significant. Schools The Palo Alto Unified School District (PAUSD) serves the Cityof Palo Alto and portions of the Cityof Los Altos Hills. PAUSD includes 12 elementary schools (kindergarten through grade five), 3 intermediate schools (grades six through eight), and 2 high schools (grades nine through twelve). Other schools and programs in the PAUSD include a pre-school program, a self-supporting adult school, a school for the hearing impaired, the Children’s Hospital School at the Lucille Packard Children’s Hospital, and a summer school.126 In 2006, PAUSD employed approximately 646 teachers, providing a ratio of one teacher for every 17.5 students.127 Enrollment in the PAUSD is approaching capacity. According to the City of Palo Alto’s Board of Education, in the 2008-2009 school year, elementaryschools have room for an additional 123 students, middle schools have room for 95 students, and high schools have room for 239 students. Therefore, PAUSD schools’ classroom capacitycan accommodate approximately 457 additional students. Based on the PAUSD student generation rates(Lapkoff & Gobalet Demographic Research, Inc. (Lapkoff Forecast) 123 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 6, 2008 124 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 6, 2008 125 City of Palo Alto, Service Efforts and Accomplishments Report 2006-2007, Chapter 6, 2008 126 Palo Alto Unified School District, http://pausd.org/parents/schools_sites/index.shtml, accessed December 12, 2008 127 The staffing ratio is calculated based on 2006 student enrollment of 11,329 as reported by the Palo Alto Unified School District, Agenda,Regular Meeting, September 23, 2008 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -82 - page 20), an apartment unit yields 0.15 student, a stacked condominium yields 0.25 student,and a BMR multifamily residential unit yields 0.7 student. With 67 stacked condominiums at a 0.25 yield factor yielding 16.6 students, and 17 BMR MFUs at a 0.7 yield factor yielding 11.9 units, a total of 28.57 students are estimated to be generated from the development. The Initial Study/MND acted upon by the Director of Planning and Community Environment on July 12, 2011 contained estimates of 0.276 elementary students per residential unit, 0.088 middle school students, and 0.095 high school students, with an estimate that the proposed project would generate 23 elementary students, 7 middle school students, and 8 high school students (38 students, whereby the Lapkoff Forecast estimates 29 students). Student enrollment associated with the proposed project would be within existing capacity. Consequently, the impact of the proposed project on schools would be less than significant. Other Public Facilities Impact fees to address effects on community centers, parks and libraries were adopted bythe Palo Alto City Council in March of 2002. Prior to receiving a building permit, the project applicant would be required to pay a one-time development impact fee for communitycenters and libraries. The fee would be used to offset impacts on community centers, parks and library facilities as a result of this project. Subdivision of the property for ownership of the residential units would require parkland dedication/in lieu fees to be paid by the applicant for such subdivision. With payment of fees,the proposed project would have a less-than-significant impact on other public facilities. Residual Impact:Less than significant Mitigation Measures:None required Cumulative Analysis Each public service provider must plan to accommodate growth within its service area under cumulative conditions. The proposed project, in addition to other foreseeable projects, would not exceed growth projections for the area. As such, the proposed project, in addition to other foreseeable projects, would result in a less-than-significant impact on public services as they would be accommodated in the cumulative demand for services. Deleted: (Stanford Sand Hill Road Corridor Projects EIR, page 4.12-26) 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -83 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact XIV. RECREATION. a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 1, 3, 4 X b)Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 1, 3, 4 X a, b)The City of Palo Alto follows the National Recreation and Park Association (NRPA) Standards as guidelines for determining parkland needs. These standards recommend that a city of the size and densityof Palo Alto should provide 2 acres of parkland for every1,000 residents. The proposed project would generate 188 additional residents at the project site, but would not be expected to generate additional workers at the project site (as compared with the preexisting R & D use, and as described previously in Section XII, Population and Housing, of this Initial Study). Based on the NRPA Standards, the addition of 188 residents to the project site would generate a demand for 0.19 acres of parkland. The impact fees adopted by the City of Palo Alto would address development effects on parks. The increased demand on parkland, resulting from the proposed project, would be addressed bythe project applicant’s payment of a one-time development impact fee prior to issuance of a building permit. As determined by the Palo Alto City Council in March, 2002, the fee would offset impacts on park facilities as a result of this project and would reduce the proposed project’s parkland impacts to less than significant. Residual Impact:Less than significant Mitigation Measures:None required Cumulative Analysis As described above, the proposed project would generate 188 additional residents at the project site. The addition of 188 residents to the project site would generate a demand for 0.19 acres of parkland. The increased demand on parkland, resulting from the proposed project, would be addressed by the project applicant’s payment of a one-time development impact fee prior to issuance of a building permit. As determined by the Palo Alto City Council in March, 2002, the fee would offset impacts on park facilities as a result of this project, and would reduce the proposed project’s parkland contribution impacts to less than cumulative considerable. Therefore, cumulative impacts would be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -84 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact XV. TRANSPORTATION/TRAFFIC.128 Would the project: a)Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 1, 8, 10 X b)Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 1, 8, 10 X c)Result in change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 3 X d)Substantially increase hazards caused by a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 3, 4, 8,10 X e)Result in inadequate emergency access? 11 X f)Result in inadequate parking capacity?3, 8, 10 X g)Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 1, 3, 8,10 X a, b)A transportation impact analysis for the proposed project was prepared by Fehr & Peers in May 2006, updated in October 2009, and updated again in October 2010 using the guidelines of the City of Palo Alto and the Valley Transportation Authority (VTA), which is the congestion management agency for Santa Clara County. Although five additional projects have been proposed since the application for the proposed project was submitted and the original IS/MND was published,129 the traffic model accounts for the growth proposed under these projects, so none of the new projects, alone or in combination, would exceed the growth projections of the traffic model. Intersection Level of Service Standards Level of service (LOS) is a qualitative description of an intersection’s performance based on the average delay per vehicle. LOS is classified into six grades, ranging from A, which indicates free-flow or excellent conditions with short delays, to F, which indicates congested or overloaded conditions with extremely long delays. LOS A, B, and C are considered excellent to satisfactory service levels for most signalized and unsignalized intersections. The City of Palo Alto considers LOS D to be the lowest acceptable LOS at 128 Unless otherwise cited, information in this section is from Fehr and Peers, 2006. Park Plaza Transportation Impact Assessment. This report is available for review on the City’s website as Appendix J of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment. 129 Electronic mail from Palo Alto City Planner, Lata Vasudevan, to PBS&J, November 13, 2008. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -85 - intersections in the City, except for those intersections designated as regional Congestion Management Plan (CMP) intersections regularlymonitored bythe City and the VTA. The lowest acceptable LOS for regional CMP intersections is LOS E. Table 3 Level of Service Descriptions LOS Description Average Control Delay (in seconds) A Operations with very low delay occurring with favorable progression and/or short cycle lengths. < 10.0 B Operations with low delay occurring with good progression and/or short cycle lengths.> 10.0 to 20.0 C Operations with average delays resulting from fair progression and/or longer cycle lengths. Individual cycle failures begin to appear. > 20.0 to 35.0 D Operations with longer delays caused by a combination of unfavorable progression, long cycle lengths, or high V/C ratios. Many vehicles stop and individual cycle failures are noticeable. This is the City’s baseline LOS standard. > 35.0 to 55.0 E Operations with high delay values indicating poor progression, long cycle lengths, and high V/C ratios. Individual cycle failures are frequent occurrences. This is considered to be the limit of acceptable delay for regional CMP intersections. > 55.0 to 80.0 F Operation with delays unacceptable to most drivers occurring due to over saturation, poor progression, or very long cycle lengths. > 80.0 Source: VTA, CMP Traffic Level of Service Analysis Guidelines, 2003; and Transportation Research Board, HighwayCapacity Manual, 2000. The project analysis assumed that the proposed project would have a significant impact on intersection LOS if it would: ·Cause a local intersection to deteriorate below LOS D; ·Cause a local intersection alreadyoperating at LOS E or F to deteriorate in the average control delay for the critical movements by four seconds or more, and the critical volume/capacity ratio (V/C) value to increase by 0.01 or more; ·Cause a regional CMP intersection to deteriorate from an LOS E or better to LOS F; ·Cause a regional CMP intersection already operating at LOS F to deteriorate in the average control delay for the critical movements by four seconds or more, and the critical volume/capacity ratio (V/C) value to increase by 0.01 or more; 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -86 - Intersection Level of Service –Existing and Baseline Conditions130 Existing peak-hour volumes, lane configurations, and signal phasing/timing plans according to the City of Palo Alto Annual Traffic Monitoring Report were used to calculate the service levels for the following study intersections: ·Foothill Expressway/ Page Mill Road ·Hanover Street/ Page Mill Road ·El Camino Real/ Page Mill Road ·Oregon Expressway/ Middlefield Road ·El Camino Real/Charleston Road The new traffic counts at Page Mill Road/Park Boulevard were used to calculate the levels at this unsignalized intersection. The Foothill Expressway/Page Mill Road intersection operates at a marginal LOS E during the PM peak hour, with traffic volumes nearing the capacity of the signalized intersection. The Oregon Expressway/Middlefield Road intersection also operates at marginal LOS E during the PM peak hour. The remaining study intersections operate at LOS D or better during both peak hours. Background traffic volumes were estimated by determining the projected growth in turning movement volumes for AM and PM peak hour conditions from the Citywide Traffic Model. The Citywide Traffic Model reflects reasonable buildout conditions of the City of Palo Alto and incorporates all future approved projects and regional background traffic growth (growth unrelated to the proposed project). Background traffic growth will result in the Foothill Expressway/Page Mill Road intersection degrading from LOS D to LOS E conditions during the AM peak hour. The intersection of El Camino Real/Page Mill Road is projected to degrade from LOS D to LOS F during both AM and PM peak hour conditions. The Oregon Expressway/Middlefield Road intersection is projected to degrade from LOS D to F during the AM peak hour, and from LOS E to F during the PM peak hour. Intersection Levels of Service –With Project Conditions The amount of traffic that would be generated by the proposed project in the AM and PM peak hours was estimated based on trip rates published in the Institute of Transportation Engineers’ (ITE’s) Trip Generation, Seventh Edition, 2003. The LOS analysis incorporated a trip reduction factor based on the fact that the project would include mixed residential and non-residential uses. According to the City’s standards, the 130 The revised IS/MND incorporates the findings of a TIA preparedin July 2007 for the proposed Palo Alto Public Safety Building, a project that would be constructed on the parcel immediately north of the project site, if approved. The LOS conditions reported in the project TIA were compared to LOS conditions reported in the Public Safety Building TIA by Fehr and Peers Associates pursuant to preparation of this revised IS/MND. The Fehr & Peers April 2009 Supplemental Report details the findings of this comparison. (This report is available for review of the City’s website as Appendix K of this Initial Study or upon request at the City of Palo Alto Department of Planning and Community Environment.) It was determined that, based on the City of Palo Alto significance criteria, the proposed project would not significantly impact any of the six study intersections (Foothill Expressway/page Mill Expressway; Hanover Street/Page Mill Expressway; El Camino Real/Page Mill Expressway; Oregon Expressway/Middlefield Road; Park Boulevard/Page Mill Road; El Camino Real/Charleston Road/Arastradero Road) under year 2010 or 2015 AM and PM Peak Hour conditions. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -87 - project mayassume a three percent reduction in the total estimated number of apartment-generated trips for such projects. Because the proposed project contains residential and employment facilities within 2,000 feet of a Caltrain Station, reductions of nine percent and three percent are allowed, respectively, for these uses. For the purpose of the proposed project,no trip reduction was used for proposed project residents that would work in the R&D space. The use of the above trip reduction factors would reduce the daily and peak hour project trip generation by approximately 6.5 percent. The proposed project would generate 1,143 net new weekday daily trips, 116 net new AM peak-hour trips (72 inbound/44 outbound) and 131 net new PM peak- hour trips (48 inbound/83 outbound). The distribution of new project trips was estimated based on existing travel patterns in the vicinity of the project site and the relative locations of complementary land uses in the area (such as employment areas, shopping and educational facilities). Trips generated bythe proposed project were assigned to the roadway system and added to baseline traffic volumes to estimate AM and PM peak hour volumes. The results of the LOS analysis for the project indicate that project-generated traffic would result in the degradation of operations from LOS E to F at the intersection of Foothill Expressway and Page Mill Expressway in the PM peak hour. LOS for all other intersections would remain the same. Data and calculations are provided in Tables 2 and 3 of the project transportation impact analysis (see Appendix M of this Initial Study). Impacts at all intersections would be less than significant. Residential Street Segment Analysis The proposed project’s impacts on the local residential streets Olive Avenue and Sheridan Avenue were evaluated based on significance criteria developed by the City of PaloAlto. These criteria state that a project would have a significant impact on a residential street if the project would cause any change in traffic that would increase the Traffic Infusion of Residential Environment (TIRE) index by 0.1 or more on a local or collector residential street. Based on the Cityof Palo Alto significance criteria used in the 2007 through 2009 TIAs for the Public Safety Building and the proposed project, the proposed project would not cause the TIRE index to increase by0.1 or more on Olive Avenue or Sheridan Avenue. Therefore, the project would have no impact on the nearby relevant local or collector streets. Freeway Level of Service Existing freeway LOS conditions were estimated for the project based on VTA’s 2002 Monitoring and Conformance Report. Based on the monitored freeway segment densities, all mixed-flow lanes and HOV lanes operate at acceptable LOS during the AM peak hour. During PM peak hour conditions, the mixed- flow lanes of southbound US 101 are near capacity and result in LOS F conditions from Embarcadero Road to San Antonio Road. According to CMP guidelines, freeway segments to which a proposed development is projected to add trips equal to one percent or more of the freeway segment’s existing capacity must be evaluated. Segments of US 101 were reviewed to determine if a substantial amount of project traffic would be added to these freeway segments. The project would add traffic equivalent to less than one percent of each freeway segment’s capacity. Therefore, the proposed project would have a less than significant impact on any of the freeway segments. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -88 - c)The project will not result in a change to air traffic patterns. No impact would occur. d, e) The project design features have been reviewed by the City Fire Department and Transportation Division to determine whether the proposed project would substantially increase hazards or result in inadequate emergency access. To reduce vehicle queues on northbound Park Boulevard, the proposed project would fund and implement an unsignalized, 130-foot left turn pocket lane on Park Boulevard at the Page Mill Road intersection. The existing circulation on the Page Mill Road extension would be maintained by providing a 24-foot roadway width that would facilitate bothtwo-way traffic and emergencyresponse vehicles. The two project driveways on Park Boulevard would operate at acceptable conditions during both the AM and PM peak hour conditions. Vehicles entering and exiting the site could pose hazards to pedestrians walking along sidewalks on the peripheryof the site. Mitigation Measure MM-8, below, would reduce conflicts between pedestrians and vehicles to a less than significant level. f)Pursuant to PAMC 15.42.040, the proposed project would require a total of 379 parking spaces. The proposed project would provide 302 parking spaces onsite, including 19 at-grade spaces, 274 spaces in a subterranean parking garage, and 9 spaces in a landscape reserve. Entrance to the underground facility would be from Park Boulevard at about the midpoint of the building. PAMC Section 18.52.050 allows a project applicant to request parking reductions for various circumstances; combined parking adjustments amounting to no more than 30 percent of the total parking demand otherwiserequired are permitted, subject to approval by the Director of Planning and Community Environment. The applicant is requesting a reduction for joint use (shared) parking facilities and a reduction for housing near transit facilities such as Caltrain and bus lines. After applying these two deductions, the applicant’s required parking for the proposed uses would be 265 spaces. The project would provide 302 spaces, including the spaces in landscape reserve and has requested a reduction of 86 spaces (approximately 22 percent) with respect to the baseline parking threshold of 388 parking spaces. If the applicant’s request were approved, the project would be in conformance with applicable parking requirements. Pursuant to PAMC Section 18.52.050(d), approval of the parking reductions would be subject to review and approval of a Transportation Demand Management (TDM) program as required under Mitigation Measure MM-9. The TDM Program addressing the provisions of PAMC Section 18.52.050(d)(2)–(4) would be reviewed by the Director of Planning and Community Environment for completeness. Upon implementation of Mitigation Measure MM-9, parking impacts would be less than significant. g)The proposed project would comply with all applicable plans and policies pertaining to alternative transportation. The project would not generate ridership that would exceed the capacity of nearby VTA bus services or the Caltrain. The project would not obstruct existing bike lanes, and the number of bicycle parking spaces that would be supplied at the project site would be in conformance with zoning code requirements. Therefore, the proposed project would have no impact with respect to alternative transportation plans and policies. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -89 - Residual Impact:Less than significant with mitigation Mitigation Measures: MM-8:Pedestrian Warning System A vehicle exiting/pedestrian warning system shall be installed for the underground parking garage driveway to eliminate potential conflicts between vehicles and pedestrians/bicyclists. MM-9:Transportation Demand Management Plan A Transportation Demand Management Plan (TDM) program shall be implemented as approved by the Director of Planning and Community Environment. The TDM shall be submitted for review and approval prior to issuance of building permits and shall include a shared parking analysis based on the number of assigned parking spaces, and may incorporate (but shall not be limited to) such features as: developer-sponsored subsidized transit passes for residents and employees, a transportation coordinator, convenient displays of alternative travel options, and unbundling of parking, if such features are determined to be adequately effective by the Director of Planning and CommunityEnvironment in reducing parking demand. The TDM program shall be subject to further review after building occupancy pursuant to PAMC 18.52.050(d)(3) and (4). Cumulative Analysis The projected increases in traffic volumes between 2012 and 2015 will result in the intersection of Foothill Expressway and Page MillExpressway degrading from LOS E to F during both the AM and PM peak hours, the intersection of Hanover Street and Page Mill Expressway degrading from LOS D to E during both the AM and PM peak hours, and the intersection of El Camino Real, Charleston Road,and Arastradero Road degrading from LOS D to E in the PM peak hour. Also, for the intersection of El Camino Real and Page Mill Expressway, the LOS would remain at F but the critical volume to capacityratio will increase by 0.009 and the critical seconds of delay will increase by 3.9 seconds during the PM peak hour. Based on the City of Palo Alto significance criteria used in the 2007 through 2009 for the Public Safety Building and the proposed project, the project’s contribution to this impact wouldbe less than cumulatively considerable. The proposed project is subject to a Citywide Transportation Impact Fee. The project applicant would pay Traffic Impact Fees to the City of Palo Alto, based on the increased land use and adopted fee structure to improve mobility for all travel modes throughout the City. Also, several future improvements are planned for study intersections as part of mitigation measures identified for other projects in the vicinityof 195 Page Mill Road. These future improvements will result in improved traffic operations at several study intersections. In particular, as part of the traffic mitigation for the Stanford University Medical Center project,131 traffic adaptive signal technology is planned to be implemented at several of the intersections in the El Camino Real corridor, including the intersection of El Camino Real and Page Mill Expressway. 131 City of Palo Alto, Stanford University Medical Center Facilities Renewal and Replacement, Final Environmental Impact Report –Volume 1, January 2011. Table3.3-4 SUMC Project Contribution for All Study Intersections, page 3-174. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -90 - The current transportation analysis assumes a 12 percent reduction in vehicle trips generated by the project, due to its proximityto the Palo Alto Caltrain station. The HST project has a “potential” stop at the Palo Alto Caltrain station. If HST were to be developed, and if it were to stop in Palo Alto, then this would result in shorter transit travel times from Palo Alto to San Francisco, and San Jose. Shorter transit travel times could, in turn, translate into an even higher percentage of project trips being made bytransit, and a greater reduction in vehicle trips (it would also depend on many other factors, for example the relative cost to make a trip by HST). Therefore, based on the current information available, it is anticipated that the cumulative transportation impacts attributable to the project might be even less with the implementation of HST. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -91 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?32 X b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 32 X c)Require or result in the construction of new storm-water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 32 X d)Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 32 X e)Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? 32 X f)Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 33,34, 35 X g)Comply with federal, state, and local statutes and regulations related to solid waste?33 X a)See Section VIII, Hydrology and Water Quality, of this Initial Study, regarding wastewater treatment requirements of the SF Bay Area RWQCB. This impact would be less than significant. b, d)The City is a part of a “Settlement Agreement and Master Water Sales Contract (Master Contract)” executed in 1984, with the San Francisco Public Utilities Commission (SFPUC), which provides 184 million gallon per day (MGD) to the SFPUC's wholesale customers (subject to reduction in the event of drought, water shortage, earthquake, other acts of nature, or rehabilitation and maintenance of the system). The City’s total water supplywas 15,676 acre-feet (AF) in 2005, while its demand was 13,714 AF. The plant is projected to demand 13,477 AF in 2030, with a supply of 15,456 AF. The City currently uses less than its allocated amount of water from the SFPUC, and is not expected to exceed its water allocation through 2030,taking into account increases in City population through build-out consistent with its comprehensive plan. The water supply is sufficient for current demand, and for future demand projections. The water supplyof the City is sufficient to serve the proposed project; this impact would be less than significant. b, e)The proposed project would be served by the Palo Alto Water Quality Control Plant (PARWQCP). The PARWQCP has a treatment capacity of up to 39 MGD. In 2005, wastewater flows were approximately 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -92 - 25 MGD. The plant is projected to treat 30 MGD in 2030, taking into account increases in City population through build-out consistent with its comprehensive plan. The plant capacity is sufficient for current loads and for future load projections; there are no plans for expansion. The wastewater treatment provider has capacity to serve the proposed project; this impact would be less than significant. c)See Section VIII, Hydrology and Water Quality, of this Initial Study regarding the potential for expansion of existing storm-water drainage facilities. This impact would be less than significant. f)According the California Integrated Waste Management Board (CIWMB), each resident in the City generates approximately one pound of waste per day. Based on this figure, and the estimate the proposed project would generate approximately 188 persons, the residential portion of the proposed project would generate approximately 188 pounds of waste per day, or 68,620 pounds (34 tons) of waste per year; however, this number would be expected to slightlyless, because the residential portion of the proposed project would be multi-family residential, which typically produces less waste than single-family residential units. According the CIWMB, the waste generation rate for industrial uses is approximately62.5 pounds per 1,000 square feet of floor area, per day. As the industrial portion of the proposed project would include 50,467 sf of industrial use, the industrial portion of the proposed project would generate approximately3,154 pounds of waste per day, or 1,151,278 pounds (576 tons) of waste per year. The proposed project is estimated to create approximately 610 tons of solid waste a year; however, Public Resources Code Section 41780 (California Integrated Waste Management Act) requires that at least 50 percent of this waste be diverted from landfills. If the proposed project were to divert the minimum required amount of its solid waste (50 percent), the increase of 305 tons per year from the proposed project would be about 0.2 percent of the 195,273 tons of solid waste generated bythe City in 2006. KirbyCanyon Landfill (the City’s landfill -closing in 2011) and Sunnyvale Materials Recovery and Transfer (SMART) recycling center currently have enough capacityto accommodate this increase in solid waste. From 2006 to 2007, the SMART Station had, on average, 21 percent of its permitted dailycapacity remaining. The SMART Station received an average dailytonnage of 1,188 tons, or about 79 percent of its 1,500-ton permitted daily capacity from 2006 to 2007. Impacts as a result of the proposed project on landfill capacity would be less than significant. g)The proposed project would be required to comply with the following State and local regulations governing solid waste: California Integrated Waste Management Act State and local agencies are required to implement a waste management program in their jurisdiction. In particular, Public Resources Code Section 41780 mandates that 50 percent of solid waste be diverted from landfills by encouraging reuse, reduction, and recycling. Zero Waste Strategic Plan On November 15, 2004, the City Council directed City staff to prepare a Zero Waste Strategic Plan for the community. The goal of the plan is to reduce the amount of waste going to landfills by90 percent or more. The plan, adopted in October 2005, identifies the key objectives and strategies needed to reach zero waste including both reducing the creation of waste through policies and incentives designed to eliminate waste at 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -93 - the source and maximizing recycling through expanded collection programs, processing facilities, education, outreach, and technical assistance. According to the CIWMB, the City of Palo Alto currently has: 1) Residential Curbside Recyclable Collection, 2) Residential Curbside Greenwaste Collection, and 3) Residential Curbside Household Hazardous Waste Collection. Participation in the City’s Zero Waste Strategic Plan would ensure compliance with the California Integrated Waste Management Act. Because the City has a sufficient diversion capacity to ensure compliance with State and local statutes, regulations, and plans related to solid waste, the proposed project would have no impact. Residual Impact:Less than significant Mitigation Measures:None required Cumulative Analysis Because the proposed project would not adversely impact storm water conditions, it would not contribute to cumulative storm water impacts.Further, the proposed project would not substantiallyimpact water supply. Existing service provision plans in the City of Palo Alto address anticipated growth in the region and therefore would not have a significant cumulative effect on water.The proposed project would not substantially impact wastewater services in the project area because existing service plans address anticipated growth in the region.Therefore, the proposed projects, in addition to other foreseeable projects (such as the two mixed-use developments and the HST), would not have a significant cumulative effect on wastewater facilities.Finally, proposed project would not substantially impact solid waste services in the project area. The existing service provision plans address service provision for anticipated growth in the region. Therefore, the proposed project, in addition to other foreseeable projects, would not have a significant cumulative effect on solid waste facilities.Overall, the proposed project would not contribute cumulatively to utility and service system impacts, and impacts would be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -94 - Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated* Less Than Significant Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 36 X b)Does the project have impacts that are individually limited, but cumulatively considerable? (Cumulatively considerable) means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 36 X c)Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 36 X a)Air, soil, and water pollution, wasteful consumption of resources, alteration of hydro-geological cycles, and/or substantial noise generation have the potential to degrade environmental quality. As explained throughout this document, the proposed project would not have significant impacts with respect to these issues: ·The proposed project would not generate substantial emissions or noise during construction or operation.Refer to Air Quality and Noise sections for further discussion. ·The proposed land uses would not use substantial quantities of hazardous materials, and activities associated with the project would comply with regulatory policies pertaining to the handling and transport of hazardous materials, minimizing the risk of release. Refer to Hazards and Hazardous Materials section for further discussion. ·Stormwater runoff from the project site, and the non-point source pollution associated with it, would be controlled through best management practices. Refer to Hydrologyand Water Quality section for more detailed explanation. ·The proposed project would not result in the wasteful consumption of resources, such as water and energy. Refer to Utilities section for more detailed explanation. The proposed project would not substantially reduce habitat or contribute to the decline of species populations. As a previously developed site with minimal vegetative cover, the project site does not support sensitive habitat. Connectivity to intact natural habitat is poor, because the project site is surrounded by other existing development and roadways. There is no natural surface water on or adjacent to the project 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -95 - site, nor are there federally protected wetlands or riparian habitat. Impacts to nesting birds, which are protected under the Migratory Bird Treaty, would be mitigated to a less-than-significant level. As explained in the Cultural Resources section, there are no historic buildings or structures on the project site. There is limited potential that archaeological or paleontological resources could be buried beneath the surface; because the site was previously developed, it is unlikely that such resources would be encountered during construction. Mitigation is provided to ensure that impacts on such resources would be less than significant. b)Impacts associated with cumulative development are described in applicable topic sections, as summarized below: ·Cumulative development is likely to result in an increase in population and demand for school capacity. Refer to Public Services section for more detailed explanation. ·The projected increases in traffic volumes between 2012 and 2015 will result in the Foothill Expressway/Page Mill Expressway intersection degrading from LOS E to F during both the AM and PM peak hours, the intersection of Hanover Street and Page Mill Expressway degrading from LOS D to E during both the AM and PM peak hours, and the intersection of El Camino Real, Charleston Road, and Arastradero Road degrading from LOS D to E in the PM peak hour. Although these cumulative impacts would be significant, the project’s contributions to both cumulative impacts would be less than cumulatively considerable. c)Certain types of physical and environmental effects have the potential to adversely affect human health, safety, and/or qualityof life. Although several topics analyzed in the IS/MND describe the potential for the proposed project to expose humans to such effects, all impacts would be less than significant (mitigation is noted where applicable): ·The proposed project would not expose residents, employees, and visitors to significant hazards, such as geologic hazards, flooding, hazards associated with proximity to an airport, or wildland fires. Refer to Geology and Soils, Hydrology and Water Quality, and Hazards and Hazardous Materials sections for more detailed explanation. ·The proposed project would not expose sensitive receptors to substantial air and noise emissions. Interior noise levels would be reduced through mitigation. Refer to Air Quality and Noise sections for more detailed explanation. ·The proposed project would not expose residents, employees, and visitors to soil or water pollution. Although residual petroleum hydrocarbons have been detected in soil samples at the project site, contamination is below current regulatory ESLs. Vapors from a contaminated groundwater plume known to be below the project site could enter the proposed building; however, a vapor barrier would be installed and a subsurface vapor collection and venting system would be constructed and monitored to prevent soil-vapor intrusion. Soils removed during construction would be segregated for further testing and remediation, as needed. Refer to Hazards and Hazardous Materials section for more detailed explanation. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -96 - ·The proposed project would not adversely impact the City’s ability to provide adequate utilities, public services or recreational facilities. Refer to Utilities and Service Systems, Public Services, and Recreation sections for more detailed explanation. Therefore, the proposed project would not have environmental effects, which would cause substantial adverse effects on human beings. Impacts would be less than significant. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -97 - Global Climate Change Impacts Global climate change is the alteration of the Earth’s weather including its temperature, precipitation, and wind patterns. Global temperatures are affected by naturally occurring atmospheric and anthropogenic gases, such as carbon dioxide, methane, and nitrous oxide. These gases allow sunlight into the Earth’s atmosphere, but prevent radiant heat from escaping from the atmosphere, which is known as the “greenhouse” effect. The world’s leading climate scientists have reached consensus that global climate change is underway and that human activity is a contributing factor. Twenty agencies at the international, national, state, and local levels are considering strategies to control emissions of gases that contribute to global warming. There is no comprehensive strategy that is being implemented on a global scale that addresses climate change; however, in California a multiagency“Climate Action Team”, has identified a range of strategies and the Air Resources Board, under Assembly Bill (AB)32, has been designated to adopt the main plan for reducing California's greenhouse gas (GHG) emissions by January 1, 2009, and regulations and other initiatives for reducing GHG emissions by January1, 2011. AB 32 requires achievement by2020 of a statewide GHG emissions limit equivalent to 1990 emissions, and the adoption of rules and regulations to achieve the maximum technologically feasible and cost-effective GHG emissions reductions. By 2050, the state plans to reduce GHG emissions to 80 percent below 1990 levels. Although the State of California has established programs to reduce GHG emissions, there are no established standards for gauging the significance of GHG emissions.Neither CEQA nor the CEQA Guidelines provide any methodology for analysis of GHGs. Given the “global” scope of global climate change, the challenge under CEQA is for a Lead Agency to translate the issue down to the level of a CEQA document for a specific project in a way that is meaningful to the decision making process. Under CEQA, the essential questions are whether a project creates or contributes to an environmental impact or is subject to impacts from the environment in which it would occur, and what mitigation measures are available to avoid or reduce the impacts. The proposed project would generate GHGs primarily through electricity generation and use and the creation of vehicle trips. Efforts to reduce the project’s GHG emissions by reducing electricitydemand and reducing vehicle trips and miles, therefore, should be implemented. The proposed project would conform to the City’s Comprehensive Plan and other policies to reduce vehicle trips and miles traveled. Given the overwhelming scope of global climate change, it is not anticipated that a single development project would have an individually discernable effect on global climate change (e.g., that any change in global temperature or sea level could be attributed to the GHG emissions resulting from one single development project). Rather, it is more appropriate to conclude that the GHG emissions generated by the proposed project would combine with emissions across the state, nation, and globe to cumulatively contribute to global climate change. Declaring whether a GHG emission impact is significant implies some knowledge of incremental effects that is several years away, at best. To determine whether the proposed project would have a significant impact on global climate change is speculative,particularly given the fact that there are no existing numerical thresholds against which to measure an impact. To make a good faith effort at disclosing environmental impacts and to conform with the CEQA Guidelines [Section 16064(b)], it is the City’s position that, based on the nature and size of this development project; its location in an established urban area served by existing infrastructure (rather than a greenfield site); and the transit oriented nature of the project’s nominal percentage increase in GHG emissions, the proposed project would not impede the State of California’s ability to reach the emission reduction limits and standards set forth by the by Executive Order S-3-05 and AB 32. Over the long term, regional planning agencies expect that intensifying land uses near transit would lead to reduced dependence on the automobile and increased 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -98 - transit ridership, thereby reducing vehicular emissions. If this reasoning is borne out, this project would not make a cumulatively considerable contribution to global climate change associated with GHG emissions. The project is required to follow the California Green Building Standards Code (CalGreen) as amended locally to require Tier 2 items as mandatory for the non-residential component of the building. The Build It Green Green Point Rated checklist may be used for the residential component of the building.132 Implementation of these green building strategies is considered a good faith effort to reduce the proposed project’s impact on climate change. Consequently, to the best of our knowledge, the proposed project would result in less- than-significant global climate change and cumulative impacts. WE, THE UNDERSIGNED, HEREBY ATTEST THAT WE HAVE REVIEWED THIS INITIAL EVALUATION/DRAFT MITIGATED NEGATIVE DECLARATION DATED MAY 6, 2011, PREPARED FOR THE PROPOSED DEVELOPMENT OF PROPERTY KNOWN AS PARK PLAZA (08PLN-00000- 00281 AND 10PLN-00000-00344), PALO ALTO, CALIFORNIA, AND AGREE TO IMPLEMENT ALL MITIGATION MEASURES CONTAINED HEREIN. ___________________________________________________ Applicant's Signature Date 132 California Code of Regulations, Title 24, Part 11. 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -99 - Summary of Mitigation Measures MM-1:Implementation of ARB Recommendations AnyArchitectural Review conditions of approval, with respect to the design of the proposed project, shall be incorporated into the final design by the applicant. MM-2:Indoor Air Filtration A central HVAC (heating, ventilation and air conditioning) shall be installed that includes high efficiency filters for particulates (MERV-13 or higher). The system should operate to maintain positive pressure within the building interior to prevent infiltration of outdoor air indoors. MM-3:Protection of Nesting Birds The applicant shall abide by all provisions of Sections 3503 and 3503.5 of the State Fish and Game Code and Migratory Bird TreatyAct of 1918 (MBTA) as published in the Federal Register (Vol.70, No.49; March 15, 2005). Although there is no vegetation on the project site that may contain nesting birds, there may be nesting birds in existing vegetation abutting the proposed project site (e.g., in the Caltrain property). To protect any nesting birds, the proposed project may avoid construction during the nesting period. Alternatively, a qualified wildlife biologist (to be hired by the applicant) shall conduct a survey for nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code in the vicinity of the project site. This survey shall cover all areas that would be disturbed as a result of construction related activities during the nesting period, and shall include a “buffer zone” (an area of potential sensitivity, beyond the bounds of the proposed project construction area) which shall be determined by the biologist based on his or her professional judgment and experience. This buffer zone may include off-site habitat. This biological survey shall be conducted no more than 14 days prior to the commencement of construction activities. The wildlife biologist shall provide a report to the City promptly, detailing the findings of the survey. No construction shall be conducted until this report has been provided to the City and the City has authorized in writing the commencement of construction activities in accord with the biologist’s findings. If nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code are discovered within the buffer zone, the report shall specifythe locations of the nests and shall establish an appropriate construction buffer zone around the nest location(s). Nests containing birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code discovered on site or at off-site locations shall not be disturbed, and construction shall not occur within the appropriate construction buffer zone until a qualified wildlife biologist determines that the young have fledged and left the nest. MM-4:Protocol for Management of On-site Contamination a)A formal dewatering plan (Construction Dewatering ContingencyPlan) shall be prepared, consistent with Mitigation Measure MM-6 in Section VIII, Hydrologyand Water Quality of this Initial Study and consistent with the City’s Construction Dewatering System Plan Preparation Guidelines and 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -100 - Dewatering from Construction Sites and In-ground Utilities Maintenance Manual. This plan shall be prepared and submitted for final approval by the City’s Public Works Department prior to issuance of Citypermits. The applicant shall provide information in the plan regarding the lateral and vertical distances to existing groundwater contamination plumes and an analysis of the potential impacts to those plumes caused by construction activity on the project property, including the use of dewatering sumps or wells under the proposed underground parking structure. Prior to submission to the City, this information shall be submitted to the RWQCB for approval that the proposed work on the subject property, including any use of dewatering sumps or dewatering wells would not have an adverse impact on the current and future cleanup effort of the HP-Varian or COE plumes. The approval shall be submitted to the City’s Public Works Department with the plan and shall verify that dewatering sumps or dewatering wells, if proposed, would not alter the path of the groundwater contamination plume(s) and could not result in 1)bringing groundwater contamination to the project site or 2)a possible future exposure of the public on the project site to groundwater contaminants. The plan shall identify testing and analysis methods, and treatment, if necessary, for disposal into the storm drain system to ensure compliance with the City’s Municipal NPDES permit. Sufficient personnel and material shall be provided by the applicant to implement the plan, should groundwater be encountered by the excavation. b)The applicant shall provide readyaccess to the project site for the CityBuilding Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, to inspect and enforce implementation of the Soil Management Plan prepared by Tucker Engineering addressing the procedures and precautions to be used for the proper containment, profiling, movement, exportation of soil, etc. during the excavation and construction period. c)The applicant shall provide ready access to the project site for the third party inspection service, which would report to the City and be financed by the applicant to inspect and enforce implementation of the Remedial Risk Management Plan (RRMP), including implementation of the Site Health and Safety Plan; contaminated soil sampling, excavation, and management; the dewatering contingency plan; reporting requirements; land use covenant and environmental restrictions; long term monitoring, inspections, contingencies, and enforcement. d)The applicant shall file documentation with the RWQCB, the third partyinspection service reporting to the City and financed by the applicant, and the City for final approval of the completion of the excavation, including soil sampling results within 60 days following the completion of excavation. e)Prior to issuance of the occupancypermit the applicant shall file documentation from an independent consultant specializing in vapor mitigation system design and installation for final approval bythe third party inspection service reporting to the Cityand financed bythe applicant confirming that each component (collection pipes, transmission pipes, inlets, risers, vents, etc.) of the vapor intrusion mitigation system (VIMS) has been installed in accordance with the recommendations of the Vapor Mitigation System and Monitoring Plan, and includes the installation of a full vapor barrier, which shall be a 60-mil thick, spray-applied membrane below the elevator shafts, stairwells, pipe chases, and entire floor-slab, as part of the active vapor collection and venting system (i.e., driven by electric 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -101 - fans at the effluent end of the VIMS riser pipes and enhanced by outside air entering through inlet vents) to be installed in the building to mitigate potential soil vapor intrusion. f)The applicant shall file documentation with the RWQCB and the City for final approval by the third party inspection service reporting to the City and financed by the applicant of installation of the VIMS, initial garage air sampling results, and the startup sub-slab vapor-riser monitoring results, with vapor-riser monitoring reports submitted as required by the RRMP, within 60 days following the completion of building construction. g)The applicant shall comply with contingencies regarding vapor monitoring to protect against potential vapor intrusion which would involve additional remediation if the results of the first six (monthly) monitoring events indicate any cause for concern. If the VIMS is operating correctly, monitoring would continue quarterly until vapor concentrations were reduced to 50 percent of the RWQCB ESLs and annually thereafter. If the third party inspection service determines that the VIMS is not functioning adequately, the system is required to be redesigned (under the supervision of the third party inspection service) for more effective removal of VOCs. Monitoring would continue until VOC concentrations were demonstrated to be maintained below the commercial ESLs, as recommended by the RWQCB. h)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the storage and use of hazardous materials within their space would not exceed the limits set by Tables 2703.1.1(1), (2), and (3) Maximum Allowable Quantity Per Control Area of Hazardous Materials Posing a Physical Hazard, 2010 California Fire Code, Title 24, Part 9, Chapter 27, Section 2703.1.1. The space for each R&D tenant proposing to use hazardous materials shall be constructed as a separate compartment with one-hour rated walls, protected common openings, and separate ventilation systems. i)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the tenant shall comply with the City’s Hazardous Materials Reporting Requirements and shall prepare and file with the Fire Department, as appropriate, a Hazardous Materials Management Plan or a Hazardous Materials Inventory Statement providing sufficient information on how and where hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. j)Monitoring wells encountered during site preparation or excavation shall be reported immediately to the RWQCB for its decision regarding proper abandonment or abandonment and replacement by the applicant. Work shall stop in proximity to the well(s) until the decision of the RWQCB is implemented. The applicant shall file documentation with the RWQCB and the City for final approval bythe CityBuilding Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, of proper abandonment or abandonment and replacement of any affected wells. MM-5: Grading and Drainage Plan 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -102 - The applicant shall submit a final grading and drainage plan for the proposed project, for City approval prior to the issuance of a grading, excavation, or building permit. This grading and drainage plan shall comply with Engineering Design Standards for storm drain facilities, shall be designed to conveythe 10-year storm flow, and shall reflect the recommendations of the Joe Crosby and Associates Geotechnical Report, dated May 10, 2004. MM-6:Construction Dewatering Plan A construction dewatering plan shall be prepared consistent with Chapter 33 of the 2007 California Building Code, and shall be submitted to the Cityin association with all proposed sub-grade garage excavation activities prior to issuance of a grading, excavation or building permit. The applicant shall include the dewatering plan in the permit plan set submitted for approvals for anyexcavation activities on the project site. The plan shall provide a system that would remove silt and other pollutants from this water and place clean water into the City storm drain system. The applicant shall secure current data on the depth to groundwater immediatelyprior to excavation by using piezometers, or bydrilling exploratoryholes, if the deepest excavation would be less than four feet above the highest anticipated groundwater level. Should dewatering be necessary (i.e., if excavation would occur within four feet above the highest anticipated groundwater level and the piezometer investigation revealed the presence of free groundwater within four feet above that highest anticipated groundwater level), the applicant shall secure City permits associated with the placement of dewatering equipment or actual dewatering and excavation activities on the project site or the abutting public right-of-way prior to beginning excavation. Upon installation, the dewatering system shall reflect BMPs that ensure the water discharged would be of appropriate quality. The installation shall be approved by a City field inspector prior to the commencement of construction water discharge to the storm drain. Extracted groundwater shall be tested for contaminants prior to initial discharge and at intervals during dewatering. Testing shall be performed by an independent testing firm hired bythe Building Official, at the owner's expense. Any dewatering to occur in the public right-of-way shall be subject to review and approval by the City of Palo Alto Public Works Department. MM-7:Indoor Noise Minimization The project shall include design features as specified in the project noise assessment to reduce the indoor noise levels to meet the interior noise standards prescribed by the City of Palo Alto Comprehensive Plan Policy N-39. MM-8:Pedestrian Warning System A vehicle exiting/pedestrian warning system shall be installed for the underground parking garage driveway to eliminate potential conflicts between vehicles and pedestrians/bicyclists. MM-9:Transportation Demand Management Plan A Transportation Demand Management Plan (TDM) program shall be implemented as approved by the Director of Planning and Community Environment. The TDM shall be submitted for review and approval prior to issuance of building permits and shall include a shared parking analysis based on the number of assigned parking spaces, and may incorporate (but shall not be limited to) such 195 Page Mill Road and 2865 Park Boulevard, File Nos. 08PLN-00000-00295 and 10PLN-00000-00281 -103 - features as: developer-sponsored subsidized transit passes for residents and employees, a transportation coordinator, convenient displays of alternative travel options, and unbundling of parking, if such features are determined to be adequately effective by the Director of Planning and CommunityEnvironment in reducing parking demand. The TDM program shall be subject to further review after building occupancy pursuant to PAMC 18.52.050(d)(3) and (4). City of Palo Alto Page 1 PLANNING &TRANSPORTATION DIVISION STAFF REPORT TO:PLANNING & TRANSPORTATION COMMISSION FROM:Amy French DEPARTMENT:Planning and Acting Chief Planning Official Community Environment DATE:August 24, 2011 SUBJECT:195 Page Mill Road and 2865 Park Boulevard [10-PLN-00344]: Request by Hohbach Realty Company for approval of a Tentative Map for Condominium Purposes to create: (1) 84 residential units on the two upper floors (106,320 sq.ft.) including 17 below market rate housing units;(2) common areas associated with these residential units and (3) ground floor (50,467 sq.ft.) Research and Development use and subterranean garage to remain owned by the developer, subject to easements for utilities, support and access for the benefit of the residential condominium portion of the building. Zone: GM. Environmental Assessment:An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared and was tentatively approved by the Director on July 12, 2011 in conjunction with the application for Architectural Review (AR), in accordance with the California Environmental Quality Act (CEQA). RECOMMENDATION Staff recommends that the Planning and Transportation Commission (Commission) recommend that the City Council approve the Mitigated Negative Declaration and Record of Land Use Action (ROLUA), enclosed as Attachment A and proposed Tentative Map (Attachment I) for condominium purposes, to create 84 residential condominium units and common areas within the upper floors at 195 Page Mill Road/2865 Park Boulevard. The Commission’s recommendations should be specific to the highlighted findings and actions related to the map and Mitigated Negative Declaration shown in Attachment A, Section 3A (map findings on pages 3-6) and Section 4 (map approval conditions on pages 9-13). BACKGROUND The action requested of the Commission is to provide a recommendation to approve the Tentative Map (Attachment I). Background information related to the Park Plaza development project’s details and history has been included within the draft Record of Land Use Action, which contains findings and conditions of approval for Council action on the Tentative Map as City of Palo Alto Page 2 well as on the Architectural Review (AR) application, since a timely appeal of the Director of Planning and Community Environment’s decision by Mr. Robert Moss was received on July 25, 2011. The attached Initial Study/Mitigated Negative Declaration (Attachment D) addresses both the proposed development project and the tentative map. Scope of Commission Review The scope of the Commission’s review for the purposes of this Tentative Map application is limited to the “design” and “improvement” of the proposed subdivision. In this context, the terms “design” and “improvement” are defined in the Subdivision Map Act as follows: "Design" means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan as required pursuant to Section 66473.5 (Government Code, section 66418). (a) "Improvement" refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. (b) "Improvement"also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan. (Government Code, section 66419) The design and improvement of the subdivision should be distinguished from the design of the approved structures to be located within the subdivision. The AR site and floor plans and elevations (Attachment J) are provided to the Commission for information. The conceptual street improvement plans that accompanied the AR application are provided for Commission review, since the public right-of-way designs are also a part of the map process. Public right-of- way improvement plans are required to be submitted to Public Works Engineering Services staff following Tentative Map approvals and prior to Final Map review and approval by Council. The required improvement plans would need to be consistent with the right of way improvements that were shown in the AR plan set approved in concept by the Director but now subject to Council action on appeal. City of Palo Alto Page 3 Architectural Review On July 7, 2011, the Architectural Review Board (ARB) recommended approval, on a 3-2 vote, of the Park Plaza development project following the ARB’s third public hearing. Comments on the Initial Study/Draft Mitigated Negative Declaration were received during the hearing and verbatim minutes are being prepared because of the appeal. Previous ARB hearings on this application were held on May 19, 2011, and December 3, 2009. The ARB’s recommended conditions included a requirement for the applicant to present several design details to a two member subcommittee of the ARB. On July 12, 2011, the Director of Planning and Community Environment (Director) adopted the Mitigated Negative Declaration (MND) with Initial Study, Attachment D, prior to approving the Architectural Review application. The site plan and elevations (Attachment J) are provided to allow the Commission to understand how the overall project now going to City Council for action relates to the Tentative Map application. Pursuant to Palo Alto Municipal Code Section 18.77.070 (d)(3), the Director’s July 12, 2011 AR decision (Attachment C) would have become effective on July 27, 2011. Since an appeal of the AR was received, however, the Council will now be presented with the AR appeal in conjunction with the Tentative Map. The Initial Study (IS) /MND is subject to review by the City Council along with the Director’s AR approval and Tentative Map. Additional background information providing further project description and detailing the ARB consideration of the project is available in the ARB staff reports, which are provided to the Commissioners and can be found on the City’s website at www.cityofpaloalto.org/know zone/ARB/agendas (by meeting date). Verbatim minutes of the July 7, 2011 ARB hearing were prepared for the Council hearing and are also provided to Commissioners (Attachment G). The November 3, 2009 ARB report provides background on the previous AR application recommended by the ARB and acted upon by City Council in 2006. The previous Park Plaza project also included 84 residential units but had fewer bedrooms (134 bedrooms compared to the 152 bedrooms of the current project) with a different distribution (38 one-bedroom units, 42 2-bedroom units, and 4 3-bedroom units for a total of 134 bedrooms). Tentative Map The Discussion section below contains the project description and other specifics with regard to the current Tentative Map application. A Tentative Map for condominium purposes for the 2006 Park Plaza development project was brought forward to the Commission on June 13, 2007 and a hearing was conducted. Due to a tie vote (3-3-1), no recommendation was made to Council. Minutes of the Commission hearing are attached to this report (Attachment F). The previous map reviewed by the Commission (but never by City Council) was also for 84 residential condominiums, but the research and development space was to be subdivided into 11 commercial condominiums (whereas the current map retains the entire ground floor as a single property owner with no subdivision thereof proposed). The map was never considered by the Council due to the litigation, which invalidated the project approval. City of Palo Alto Page 4 The previous map was viewed by the Commission as being inconsistent with the Park Plaza “rental” project approved by City Council in 2006. The applicant has, since that time, obtained a Certificate of Compliance to merge the three parcels (approved February 8, 2010 and recorded July 1, 2010). Therefore, the map now before the Commission does not include the merging of underlying parcels, only the condominium configuration. The current map for condominium purposes is also consistent with the scope of the AR application and IS/MND reviewed by the ARB and approved by the Director, now subject to Council action on appeal. A related challenge for the Commission was that separate environmental reviews were prepared for the sequential applications, due to the timing of the subsequent tentative map submittal. There was confusion regarding how the Regional Water Quality Control Board’s ongoing review of the mitigation for the development project was related to the second environmental document prepared for the map. The Initial Study/Negative Declaration prepared for the map application referred to the Mitigated Negative Declaration (MND) that had been adopted in 2006 by Council for the appealed development project. In 2007, Robert Moss brought a writ of mandate action in Superior Court, challenging the MND and Council decision for the 2006 Architectural Review approval. While the court upheld the City’s decisions regarding Architectural Review and the application of the Density Bonus Law, the court found that the MND should have been re-circulated because the City adjusted a mitigation measure in the MND following the initial Council meeting (November 20) but prior to the final Council meeting (December 11). The result was that the Council’s decision on the project was nullified and the map application was then no longer applicable. DISCUSSION Project Description The proposed Tentative Map is for Research and Development and condominium purposes for the Park Plaza development. The parcel’s gross area is 109,941 square feet (2.52 acres), while the net area is 104,972 square feet (2.4 acres) excluding the street easement area. The Tentative Map drawings are in conformance with the requirements set forth in Title 21 (Subdivisions), Chapter 21.12 (Tentative Maps), and Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC). The Tentative Map is consistent with the approved Architectural Review application, and includes information on the existing parcel and onsite conditions. Improvement plans for the sidewalk, street trees, and other public right of way improvements would be reviewed by the City’s Public Works Engineer and other staff prior to submittal of a Final Map. The approved ARB plan set includes a 139’ left turn stacking lane on Park Boulevard to facilitate left turns onto Park Boulevard. This will be funded and implemented by the applicant; a condition of approval to this effect has been added to the Tentative Map approval conditions (Condition 19). The developer intends to rent the 84 residential units as apartments, but wants to provide for the possible future conversion of the residential units to condominiums. This Tentative Map, along with a Final Map and recording thereof with the County of Santa Clara, would allow for the City of Palo Alto Page 5 future conversion of the rental units to condominium units. A description of how the residential units could be structured as condominiums is set forth in the letter prepared by the applicant’s attorney (Attachment B). Condominium Configuration The 84 residential units (initially rental but potential condominium) would be located on the two upper floors, which would have a total floor area of 106,320 square feet. The 84 units would include 17 Below Market Rate (BMR) units, further described later in this report. The 84 residential units would include 20 one-bedroom/one bath units, 60 two-bedroom/two bath units, and four three bedroom/two bath units for a total of 152 bedrooms. The three bedroom units are shown located at the building corners facing Park Boulevard on the floor plans. There are 30 two-bedroom units and 10 one-bedroom units on each floor, facing the courtyard and outer building faces. The units on the east side of the project, the side facing the Caltrain/JPB right of way,. are buffered from train noise by a corridor. The windows and private balconies of those units face the interior courtyard. All but two of the residential units would have private balconies and all residents would also have use of the building amenities (pool, gym, etc.). There are four elevators and four stairwells (near each building corner) to provide access to the ground floor and the subterranean parking garage. The ground floor commercial space would contain 50,467 sq. ft. of floor area for Research and Development use, and would remain owned by the developer –a condominium unit would not be created for the ground floor space by itself. The subterranean garage and land, along with the ground floor space, would remain under the developer’s ownership. In the event of conversion, the future residential condominium owners would have an undivided interest (legal, fee title) in the “common areas” of the entire building –including features within the first floor area and basement –namely, the elevators, stairways, first floor entry level lobbies, and easements for utilities and structural elements, trash chutes and associated trash areas –and the upper floor common areas such as the pool. The applicant intends to maintain the residential units as rental units as long as he owns the property. The areas remaining within ownership of the developer at grade and below grade needed for use by the residential occupants would have easements recorded to facilitate future residential condominium owner use. This would include the parking garage and driveways, ground floor plaza and surface parking area, landscaped areas, trash collection areas, elevators and stair areas, utility facilities and structural elements. The surface parking area within the interior courtyard area would provide 17 improved vehicle parking spaces and 9 “landscape reserve” spaces (for potential future conversion to vehicle parking spaces). The below grade parking garage would provide a total of 276 vehicle spaces. Access to both surface and below grade parking facilities would be via driveways from Park Boulevard. Bicycle lockers for each residential unit are shown in the below grade parking facility. Bicycle lockers for use by the R&D building tenants are shown adjacent to the R&D building, near the at-grade driveway entrance to the visitor parking located at the surface level and would be screened from direct view from the Park Boulevard public right of way. City of Palo Alto Page 6 BMR Units and Housing Concessions The 17 Below Market Rate (BMR) housing units are required to meet the City’s requirement to be of similar size and quality as the market rate units. The two concessions pursuant to housing density bonus law (Govt. Code Section 65915-65918) granted as a part of the AR approval were based upon the provision of 20% of the overall number of units as Below Market Rate units for low and very-low income tenants. The two housing concessions were related to a) allowing mixed use in the GM zone, and b) allowing an FAR to exceed 0.5 in the GM zone. The proposed BMR units include four one-bedroom units, three of which would be designated for very low-income occupants, and one of which would be designated for low-income occupants. The proposal includes 13 two-bedroom BMR units, five of which would be designated for very low-income occupants and eight of which would be designated for low- income occupants. The BMR agreement will be finalized prior to the approval of the Final Map. SUMMARY OF KEY ISSUES City staff has determined that the Tentative Map application is in compliance with zoning, subdivision, and other codes and ordinances.The map contains all information and notations required to be shown on a Tentative Map (per PAMC Sections 21.12.040).The findings allowing for Council approval of the map are included in the Record of Land Use Action (Attachment A). Pursuant to the State subdivision Map Act, the required findings are stated in the negative such that if any of the findings are made the map shall be denied. Staff believes none of the findings can be made to require denial of the map, so it must be approved. The subdivision findings and action on the map and MND are highlighted for Commission action in Attachment A. POLICY IMPLICATIONS The proposed subdivision is consistent with the goals and policies of the Comprehensive Plan. The “Research and Development” commercial use of the development is consistent with the associated land use designation of Light Industrial use. The residential use of the site is consistent with the City’s Housing Element which includes this parcel on the Housing Sites Inventory as a site for high density residential housing. The mixed use and residential emphasis is consistent with the Comprehensive Plan designation of “Transit Oriented Residential” land use in proximity to the California Avenue Caltrain station. TIMELINE Upon recommendation by the PTC, the project application will be forwarded to City Council for final action on the Tentative Map, tentatively scheduled for September 19, 2011. The City Council would consider the ARB appeal in conjunction with the Tentative Map on that date. ENVIRONMENTAL REVIEW The Initial Study/Draft MND for the Park Plaza project was circulated prior to the ARB recommendation and the Director’s tentative decision and included the proposal for the Tentative Map for condominium purposes. The document was circulated for 30 days for public review and comment. The end of public comment period was June 7, 2011. Comments were received from City of Palo Alto Page 7 three interested parties (Mr. Robert Moss, Mr. Herb Borock, and Mr. Roger Papler of the Regional Water Quality Control Board). The IS/MND (Attachment D) was clarified by the City’s environmental consultants to address the comments made by Mr. Moss and Mr. Papler, regarding groundwater contamination issues. No additional impacts were identified, nor were additional mitigation measures proposed; therefore, the document was not required to be re- circulated. Mr. Borock’s letters are included within Public Correspondence attached to this report (Attachment H). The primary issue of concern was the mitigation of potential groundwater contamination underlying the site, particularly with respect to the residential use. Mitigation proposed included both a vapor barrier underlying the entire building garage footprint and “active” ventilation to assure any such vapors are dissipated away from the building. Monitoring is also required to determine if any future additional actions might be appropriate. Of greatest significance, the Regional Water Quality Control Board (RWQCB) has approved the mitigation, and the Board staff as well as the City’s environmental consultants find the adopted mitigation to be a conservative approach. A secondary issue raised was the use of hazardous materials allowed on the first floor, below residential units. The levels of materials allowed would be stipulated in the R&D tenant lease agreement and would be minimal, in nominal quantities that would not exceed limits cited in the MND nor require the Fire Department to label or inspect the facilities, though reporting per the City’s Hazardous Materials Reporting Requirements may be required for certain substances even if quantities are below the reporting threshold. The tenant would have to file a registration form (aka Short Form Hazardous Materials Management Plan) but no specific permits would be required below nominal use thresholds (10 gallons liquid, 100 pounds solids or 200 cubic feet compressed gas) per the City’s Fire Department staff. ATTACHMENTS: Attachment A:Draft Record of Land Use Action including Conditions of Approval Attachment B:Applicant’s Letter dated August 10, 2011 on Condominium Strategy* Attachment C:Director’s Architectural Review Approval Letter dated July 12, 2011 Attachment D:Initial Study/MND (Commissioners and Libraries only and available online at www.cityofpaloalto.org/knowzone/agendas/planning.asp Attachment E:ARB Reports without Attachments (Commissioners and Libraries only and available online at www.cityofpaloalto.org/knowzone/agendas/planning.asp Attachment F:June 13, 2007 PTC Meeting Minutes (Commissioners and Libraries only) Attachment G:July 7, 2011 ARB Meeting Minutes (Commissioners and Libraries only) Attachment H:Public Correspondence Attachment I:Tentative Map (Commissioners and Libraries only)* Attachment J:ARB Approved Site and Floor Plans/Elevations (Commissioners and Libraries only)* *Prepared by Applicant City of Palo Alto Page 8 COURTESY COPIES: Harold Hohbach Jim Janz Bob Moss Herb Borock PREPARED BY: Amy French, Acting Chief Planning Official DEPARTMENT/DIVISION HEAD APPROVAL: ______________ Curtis Williams, Director City of Palo Alto August 24, 2011 Page 1 of 28 Wednesday, August 24, 20111 6:00 PM, El Camino Real Design Room2 Downtown Library3 270 Forest Avenue4 Palo Alto, California 943015 6 ROLL CALL:6:05 pm7 8 PTC Commissioners:Staff:9 Samir Tuma –Chair Curtis Williams, Planning Director10 Lee Lippert – V-Chair (absent)Donald Larkin, Sr. Assist. City Attorney11 Daniel Garber Jaime Rodriguez, Chief Transportation Official12 Susan Fineberg Gil Candelaria, Parking Consultant13 Eduardo Martinez Amy French, Current Planning Manager14 Arthur Keller Zariah Betten, Admin. Assoc. III15 Greg Tanaka16 17 AGENDIZED ITEMS:18 19 1.Selection of Chair and Vice Chair20 2. Parking Program Study Session 21 3.195 Page Mill Road and 2865 Park Boulevard22 4.Topics of Discussion for the Joint Council/PTC Meeting of September 19, 201123 ______________________________________________________________________________24 3. 195 Page Mill Road and 2865 Park Boulevard*: Request by Hohbach Realty Company 25 for approval of a Tentative Map for Condominium Purposes to create: 1) 84 residential 26 units on the two upper floors (106,320 sq.ft.) including 17 below market rate housing 27 units; 2) common areas associated with these residential units and; 3) ground floor 28 (50,467 sq.ft.) Research and Development use and subterranean garage to remain owned 29 by the developer,subject to easements for utilities, support and access for the benefit of 30 the residential condominium portion of the building. Zone: GM. Environmental 31 Assessment: An Initial Study/Mitigated Negative Declaration (IS/MND) has been 32 prepared and was tentatively approved by the Director on July 12, 2011 in conjunction 33 with the application for Architectural Review (AR), in accordance with the California 34 Environmental Quality Act (CEQA). The PTC is requested to review and recommend the 35 Mitigated Negative Declaration with respect to the Tentative Map.36 37 Chair Tuma: We will have a presentation from the applicant for 15 minutes and then we will go 38 to public comment and closing comments and then we will come back to the commission. 39 Welcome.40 41 Amy French, Current Planning Manager: Thank you. The Park Plaza project is a three story 42 mixed use building to be located on a single parcel comprised of 2.52 acres in gross lot area at 43 195 Page Mill Road and 2865 Park Boulevard. On September 19th the City Council will be 44 City of Palo Alto August 24, 2011 Page 2 of 28 requested to review the Mitigated Negative Declaration, prepared with the help of a consultant 1 who is here in the audience tonight, the Architectural Review Application which has been 2 appealed by a member of the audience as well, and the tentative map before you tonight, which 3 is for 84 residential condominium units on the upper floors of the building, the lower or ground 4 floor being the research and development space and that would be retained by the owner. The 5 tentative map would allow for future potential conversation of what is initially intended to be 6 residential rental units to ownership units.7 8 The R&D space is 50,467 square feet on the ground floor and the residential area is 104,971 9 square feet in the upper floors. 17 below market rate housing units are among the units. The 10 configuration of the condominium units is noted on page 5 of the staff report. There is a 11 subterranean parking garage as well as a surface parking lot, and the offsite improvements 12 include street trees, bulb-outs and a left turn stacking lane on Park Blvd. to take you left onto 13 Page Mill. 14 15 The project includes concessions granted under state Density Bonus Law (Government Code 16 65915, Senate Bill 1818) because 20% of the residential units would be affordable to low and 17 very low income residents. The two concessions requested under Senate Bill 1818 in this case 18 are an allowance of the mixed use where residential is not permitted otherwise within the GM 19 zone district and additional floor area beyond that allowed in the GM zone district. The FAR of 20 the residential component is a 1.02 whereas the research and development component is a 0.5 or 21 a 0.48. The Architectural Review Approval by the director was following the Architectural 22 Review Board public hearing. That was the third public hearing and there was a 3-2 vote. As I 23 noted it has been appealed. The appellant had forwarded a letter this weekend to the 24 Commission, so I imagine you all received that.25 26 Boardmembers Young and Lew are attending the meeting tonight to represent the ARB’s views 27 on the project. The Initial Study Mitigated Negative Declaration (MND) was prepared for this 28 project and went to the ARB and did include the tentative map as a part of the project. So, the 29 last time this Commission reviewed a tentative map on this site, it had been in 2007 following 30 the Architectural Review Board and then council approval of a project. There were two separate 31 environmental documents for that project and there were also for that project merging of separate 32 parcels into the one site. This time you have one parcel that had been merged through a 33 certificate of compliance project. So this time you have one parcel being subdivided for the 34 purpose of condominiums and there is just one ground floor space rather than 11 condominium 35 R&D spaces as you had seen last time in 2007 for the previous project.36 37 The MND does address the potential impacts of vapor intrusion from the toxic groundwater 38 plume to the satisfaction of the Regional Water Quality Review Board which is the agency 39 having jurisdiction over this non-federal project in Palo Alto. There is also a nominal level of 40 materials to be stored in association with R&D use. Our MND also addresses the mitigation of 41 those potential health hazards for the residential tenants. 42 43 City of Palo Alto August 24, 2011 Page 3 of 28 The Planning Commission is asked to consider the initial study Mitigated Negative Declaration 1 for the project because of the associated Tentative Map, which is within your review purview. 2 The city’s process does require Architectural Review of development projects prior to 3 Commission review of associated vesting tentative maps and that’s for good reason. Non-4 vesting tentative maps are not required to go through ARB before Planning Commission but in 5 this case the Architectural Review application was submitted first in 2008. It was followed in 6 2010 with the Tentative Map, so we had gone with ARB and here we are following ARB at the 7 Planning Commission.8 9 The applicant does intend to fully initially rent all of the 84 residential units and that intention 10 has been clear throughout this application process. The city staff has determined of course that 11 this Tentative Map is compliant with the AR plan, zoning and subdivision and other codes and 12 ordinances. All notations and information required to be on the map is provided and the findings 13 and conditions are highlighted on the Record of Land Use Action for ease of finding for the 14 Planning and Transportation Commissioners. Because the Record of Land Use Action is going 15 to council, it does include findings and conditions for the Architectural Review component of the 16 application.17 18 The Commission’s purview is identified in the staff report. Attorney Larkin may have 19 something to add to that in that regard. Another thing I thought we might find ourselves 20 discussing is: the projects that include the request for concessions under this SB1818 are not 21 automatically deferred to the Planning Commission. In this case it is an Architectural Review 22 application. The concessions were requested and reviewed and granted by the Director 23 following ARB and they aren’t considered Variances so they don’t have a track that goes to the 24 Planning and Transportation Commission. The city’s ordinances don’t provide guidelines on the 25 processing of concessions. I think basically we would just support that the findings can’t be 26 made for the map in the negative to require denial of the map, so it must be approved. Do you 27 have anything to add on there?28 29 Donald Larkin, Senior Asst. City Attorney: I think you covered it adequately.30 31 Commissioner Garber: There is information in the staff report that we don’t have any detail on 32 the history of this project and we’ll try to handle this as well but as you can tell there is an 33 extensive history on this project.34 35 Ms. French:The application team is here for any questions. 36 37 Chair Tuma: Before we go to the applicant I would ask members of the ARB if they had 38 anything they would like to add or whether their here to answer any questions. If you would like 39 to give your thoughts we’d welcome it. 40 41 Ms. Heather Young, ARB Rep.: We are here to answer questions. We are more than happy to 42 do a brief overview if that would help in addition to the presentation.43 44 City of Palo Alto August 24, 2011 Page 4 of 28 Chair Tuma: I think briefly that would be helpful if you don’t mind. 1 2 Heather Young, Vice Chair of ARB: Hi I’m Heather Young and I am Vice Chair of the 3 Architectural Review Board. Also here is Boardmember Alex Lew. As Amy mentioned in her 4 report this proposal has come to the ARB for 3 formal presentations in the last 2 years. The last 5 was this past July 7th and at that point it was passed 3 to 2. I was one of the 3 and Alex is one of 6 the 2 just to give you a heads up. When it came back on the 7th there were a number of items 7 that had been brought up in the previous presentation that we asked the applicant to further 8 investigate and to bring back to us. Some of them were fairly minor and rather easily addressed. 9 The ones that evolved into a larger discussion were a potential setback for the residential units 10 along Akins and if I could just point to the plans here, this is part and Page Mill and there is a 11 proposal for the 2nd and 3rd floors to have residential units along the Akins property line. There 12 was a fairly long discussion and because of the zoning under which the residential units were 13 allowed, it appeared that the 5 foot setback which is pursued in these drawings was compliant 14 with the zoning. However, some of the board members felt that that may not have been the best 15 offset proposition for residential units, to have a 5 foot setback from a property line. 16 17 There was a fairly animated discussion as to how to best address this. The board could not come 18 to a majority consensus and we looked at it in a number of different ways and at the end I believe 19 our determination and Alex should jump in here, but our determination was that we could not 20 come to a consensus to mandate anything other than what was required in the zoning and that 21 any additional setback would be addressed if an applicant were to develop the Akins property 22 adjacent such that that property would be required to provide setbacks when you were adjacent 23 to a residential property. 24 25 Another issue that had a great deal of discussion was the design of a corner tower at the corner of 26 Page Mill and Park. That item had some evolution during the presentations and actually I 27 believe that is coming back to subcommittee as a condition of approval for some final tweaks. 28 The issue there is that the tower element was not just seen from Park and from Page Mill but also 29 from the train line and from Page Mill coming this way so it really was a 3 dimensional element 30 and not just a corner element. We were requesting that all 4 elevations be developed. 31 32 An additional issue that was continued over many presentations was a color palette. There are 33 some fairly primary colors that are presented as accents in some of the setback locations along 34 Park, Page Mill and along the train line corridor. The conclusion there was that the final 35 selection would be tweaked a little bit and again brought back to subcommittee. I think those 36 were sort of the primary architectural outstanding issues. You should also know Alex and I are 37 the subcommittee so if you have any questions for either of us we would be happy to respond.38 39 Chair Tuma: Does the applicant have a presentation? 40 41 Harold C. Hohbach, Hohbach Realty Company: I’m Harold C. Hohbach of Hobach Realty 42 Company, limited partnership. I really don’t have a lot to add. Amy French did an excellent job 43 understanding what’s all gone on. You may ask why are you here. We did a certificate of 44 City of Palo Alto August 24, 2011 Page 5 of 28 compliance because the staff recommended that and we did that. So why are we here? The Palo 1 Alto code requires if you have any parcel, even a single parcel with 2 acres, you have to go the 2 tentative map route through the Planning Commission and City Council so that’s why we’re 3 here. We have Jim Jantz who is a real estate attorney and Richard Campbell, the architect to 4 answer any questions you may have.5 6 Mr. Richard Campbell, Hoover Associates: Richard Campbell, with Hoover Associates, the 7 architect for the project. This project has gone through an extremely long review process with 8 the city. I don’t have all the dates but it went through 3 ARB hearings several years ago and was 9 approved and then because of a lawsuit all the approvals were set aside and we started through 10 the process again and we’ve had 3 more meetings so altogether 6 times before the ARB. If I had 11 about 3 hours I would go through that whole process with you.12 13 Several things about this project, I think Heather mentioned, there are still some issues we are 14 going to take up with the ARB subcommittee. Some of the detail design of the tower, some 15 color issues and adding some sunscreens to the building. One thing that has been very unusual 16 about this project is it is a corner site. It fronts on Page Mill and Park Blvd. The other side 17 fronts against private property. The foreside fronts onto Cal Train and that really presented some 18 kind of special problems for us. There is a code issue that says that noise levels in sleeping areas 19 can’t be over 40 decibels. We’ve had studies about the bullet train that is going to generate 20 about 105 decibels of sound right next to this building within maybe 100 feet and there was no 21 way we could find any kind of glazing system that could reduce the decibels by 65, especially 22 considering the fact that some of these rooms are sleeping rooms and are on the window side. 23 That’s why the rear elevation side of this project appears to be blank. There are no windows in 24 it. There are some windows on walls that are right angles but because of this noise issue we had 25 to avoid putting windows on the back individual. That’s one thing that makes this design 26 different from other projects that are looked at here in the city.27 28 Other than that what I’d like to do is make myself available if anyone has any questions or 29 comments.30 31 Chair Tuma: With that we will go to the public. I have only one card at this point and that is 32 from Mr. Moss and you will have 3 minutes.33 34 Mr. Robert Moss, Palo Alto:Thank you. I am going to elaborate a little bit on the various letters 35 I have sent. First of all, the staff report that says that it complies with the competency plan is 36 incorrect. It does not. It allows housing in the GM zone and the City Council explicitly said we 37 don’t want housing in the GM zone. It’s a violation of the competency plan and it’s a violation 38 of common sense. What this does is it applies the GM zoning envelope to residential use which 39 is not only absolutely unprecedented, it’s absolutely idiotic. It’s not the way you build housing 40 units. Putting the housing directly on the railroad track right of way is not good policy. 41 42 Secondly, there is no reason to have mixed use in this project. The staff says it was identified for 43 housing so you have to put housing on the site but you do not have to put both housing and 44 City of Palo Alto August 24, 2011 Page 6 of 28 R&D, especially R&D that has hazardous materials. That is unnecessary and it is dangerous. 1 So if you want to allow housing on this site, it’s real simple. Rezone RM30 or RM40 and then 2 you put housing on it and you’ve complied with the intent of the housing element and you don’t 3 have the risks and the hazards. 4 5 As for the compliance with MND, when the court issued his ruling, Judge Nichols said by 6 August of 2008 I want the city to come back to me and tell me officially how you are going to 7 comply with CEQA and I will hold this case in my hands until the city has complied with CEQA 8 and told us how they are doing it. It hasn’t happened. So the MND cannot be approved because 9 it has to go to the court and the court has to agree it has been complied with and it has not been. 10 As I pointed out repeatedly, the fact that the Water Board has approved this ridiculous approach 11 of never testing the indoor air in the residential area does not make it valid as I have pointed out 12 repeatedly, Senator Simitian and the City Council and to the Water Board and to EPA, the Water 13 Board is not complying with general practice for public health and safety. EPA met with the 14 Water Board in June to try to get them compliant with EPA requirements and they failed. So 15 their comment to me was when the Water Board is okay with water. If this project is approved 16 as proposed, I would suggest you have a city name for it. Let’s call it Casa de Muerte. 17 18 Commissioner Keller: Mr. Moss, I understand that you have been spending a lot of time 19 studying this and I understand that there is a potential for dewatering the site when excavating 20 for the basement. Let me ask my question. I’m wondering if you are aware of a study that 21 indicates if the watering is done what effect it might have in the movement of the toxic flow.22 23 Mr. Moss: I’ve been working on this site for 22 years. BPA has had 2 EPA grants for both 640 24 and 1501 Page Mill which are the two superfund sites in Palo Alto and 640 and 601 California 25 are the sources of most of the ground water contamination which is under the site co-area. To 26 give you an example, I’ll give you several examples. The contamination in the ground water 27 directly below 640 in 1985 or 1988 was 60,000. After 20 years of pumping it has gone down to 28 6,000 and has since basically stabilized. I wrote to Papler and the Water Board and gave them 29 examples of 6 wells of COE, 2 of which are very close to 195 Page Mill where the ground water 30 contamination level had stabilized and been stable for the last 15 years even though pump and 31 treatment has been going on for 20 years. So basically what’s happened is it’s become 32 asmatotic. This is not just 195 Page Mill. This is something that happens more than a lot. As 33 you know I’m involved with the Information Advisory Board at Moffet Field and we’ve talked 34 to people all over the world about how to treat and how it works and the Navy and EPA have 35 both said that if it were up to them today they would not approve pump and treat as a way of 36 mitigating groundwater contamination. There are other systems which we could get into.37 38 So there’s almost no chance that over the next 50 years the concentration of the ground water 39 TCE is going to get significantly lower.40 41 Chair Tuma: Mr. Garber I think has a question for you.42 43 City of Palo Alto August 24, 2011 Page 7 of 28 Commissioner Garber: Actually, two questions. The first is a general one so the more succinct 1 your answer the better but how does this particular project differ from the Campus for Jewish 2 walk where we also had issues of toxic material under that site?3 4 Mr. Moss: Okay, the contamination levels of what’s in the ground water and so on in Mountain 5 View is essentially identical to what it is in Palo Alto. The difference is who oversees it. In the 6 case of Mountain View its EPA and they have come out with some very strong recommendations 7 and requirements for what you do. To give you an example, MEW site is almost entirely 8 commercial. They have insisted on having those buildings tested for indoor air contamination, 9 commercial buildings. They have also had a number of residential buildings on MEW testing for 10 indoor air contamination. Some of them have been contaminated even though they were on the 11 outside of the rate. In a COE area, even though there are a number of apartment buildings 12 already there, the Water Board have still not said they are going to test. What they are doing is 13 they are saying we are looking at the ground water contamination levels and we think it’s going 14 to be safe.15 16 The soil gas contamination levels in this site as I pointed out are 23,500 to 150,000 with the 17 action of 4,000 and the highest level I’ve seen reported in the MEW site is under 10,000 and yet 18 at MEW they are making far more requirements and far more restrictions of construction. 19 Another thing you should be aware of, when you build a building over a contaminated site, this 20 is not obvious to you. What happens is the mass of the building forces the contamination up so if 21 you have contaminated ground water at lets say 15 or 20 feet the mass of the building will 22 actually raise that up so it comes closer to the subsurface of the building. That’s been repeatedly 23 proven. 24 25 Commissioner Garber: With the Chair’s permission, one other question and I apologize for the 26 pointedness of this. You are clearly far more expert on these topics than certainly I am, 27 potentially more expert than some of the others on the commission here and we rely on other 28 experts for their opinions as well and the city has not only had their own expert witness who 29 presumably has similar education on this topic as you do in addition to the Water Board which 30 presumably not only has expertise but responsibility, how do you reconcile their 31 recommendations versus yours.32 33 Mr. Moss: Well, first of all, I’m also a graduate of Napier University which Water Board people 34 are not. One of the EPA took the class with me so she’s also a graduate of Napier University and 35 I really can’t tell you why the Water Board has been so obtuse but they really have been and 36 we’ve been fighting with them for 7 years to try to get them to do a sampling. There is an old 37 saying, Tinius Olsen who was the first inventor of the modern test machine, his saying was, one 38 test is worth a thousand expert opinions. He was right. EPA has said test. They’ve tested over 39 100 buildings in MEW, the fringe of MEW and Moffett Field in the last 4 years. Not a single 40 building has been tested in Palo Alto, not one. Why? Because the Water Board isn’t paying 41 attention. Why? Your guess is as good as mine but I’m trying as hard as I can to get them off 42 Palo Alto to get the EPA or DTSE to replace them because I’ve given up on them quite frankly.43 44 City of Palo Alto August 24, 2011 Page 8 of 28 Commissioner Tanaka: Commissioner Garber, I’m not really an expert in this area with all the1 toxics but can you tell us, it looks like some of these will be for families with multiple kids. 2 What is the effect of this level of TCE? Can you give a quantifiable answer?3 4 Mr. Moss: It can be deadly. I sent in my letter 2 examples of people, cancer patients in 5 particular and TCE is a known carcinogen and the younger the age of exposure, the more rapid 6 that the cancer hits and there have been small areas where there have been 2 or 3 children with 7 brain cancer which is almost certainly caused by TCE. There is a town in Illinois, total 8 population is maybe 30,000 or so and in one relatively short period of time they had 11 cases of 9 brain cancer. The normal occurrence of brain cancer is 3 in 100,000. The basic concentration, 10 actually some of those sites the ground water contamination level is slightly lower than it is in 11 COE. 12 13 Commissioner Martinez: Mr. Moss, I read your letter before I read the staff report and then I 14 went back and read your letter again. I think there are some things that really are far off in terms 15 of recognition of toxic issues that may be present. I know you have also pointed to the problems 16 with the housing authority site the way that’s been handled and the issues with concessions, the 17 way in which the comp plan and zoning has been interpreted. And then some issues with the 18 Mitigated Negative Declaration. First, I just want to say that I think that all of us recognize and 19 appreciate your vigilance of these issues in this area and Palo Alto over the last 20 years. If 20 nothing else, it has kept the discussion going and kept our minds focused on the issue here and 21 moved the community to see this but having said that there is a likelihood that this project may 22 go forward and I would like to ask you if that’s a possibility what are some of the things you 23 recommend to go with to make it safer and better based on your experience in viewing this 24 problem over the last 8 years?25 26 Mr. Moss: First of all, in mitigations the only place they are planning on doing sampling is the 27 garage. If you talk to EPA people I’ve mentioned that to them and they say, oh god, what are 28 they thinking of because no one lives in the garage. In fact, I have an email from Papler at the 29 Water Board today and he mentions specifically sampling an industrial building but that was 30 inside and it was marginal for passing industrial levels which is more than 4 times worse if it had 31 been residential so the first thing you want to do is make sure they test the indoor air first in a 32 residential area where people live and second if there is a commercial R&D area you test that 33 also because right now what they can do is test in the garage and they will get 4 parts per billion 34 of TCE and say it passes but the garage is funneling the air right up into the occupied space and 4 35 is almost 5 times higher than would be allowed in a residential area and over a period of time as 36 I’ve pointed out it can be deadly. You can get cancer from that.37 38 Second, if there is an R&D space you don’t want toxic materials there. I’ve explained the issues 39 of maintaining any kind of control over it. There is no way the city is going to go in periodically 40 and see if they’ve met the requirements for what’s in there or how much. They don’t have the 41 inspectors or the time.42 43 City of Palo Alto August 24, 2011 Page 9 of 28 The last thing you want, you probably got the letter from my neighbor, Richard Placone. We’ve 1 already had problems with CPI having not just people who live above it but people who live 100 2 or 200 feet away and are being exposed to toxic materials at an industrial site. That’s the second 3 thing. 4 5 The third thing moving forward is to have it not be mixed use if the idea is to have residential 6 and you’re using 65915 as an excuse for allowing things you would not normally allow and 7 residential is the only thing you have to allow you have R&D and just go to residential. If you 8 go with residential you would be recommending that it is residential use and make it a residential 9 zone. You would also accept PTOD and we both agreed that it would be a fine site for PTOD 10 but if you allow it you would have to be careful of the numbers and actual uses are. I get very 11 nervous about toxic materials especially directly below housing so if you are going to go 12 forward, require indoor air sampling in the residential space first, and this is going to be ongoing, 13 EPA says for at least 5 years because the vapor barriers fail. I gave you an example of one in 14 Whisman Park where it failed after a couple of years and the indoor air sample went from 0 to 5 15 in a matter of just days when they actually sampled so you don’t want to just sample it once, you 16 want to continue to do it for years. 17 18 Second, if there is a commercial space you do it for that space too and ideally you wouldn’t have 19 any hazardous materials onsite. Don’t allow it and hope you can keep track of it. I hope you just 20 say you’re not going to go with mixed use. One of the things I should mention is in 65915 it 21 says the applicant has to specifically say that the concessions are required in order to get BMR 22 units and the city of Palo Alto has been getting BMR units of 10, 15, up to 40% at one point for 23 35 years with no concessions. So the city can demonstrate that you don’t have to have 24 concessions to get BMR units.25 26 Chair Tuma: Thank you. So seeing no other members of the public we can move forward and 27 we will close the public comment and applicant has 2 or 3 minutes for additional comments.28 29 Mr. Hohbach: Well I do want to say we’ve gone overboard in trying to appease Mr. Moss and 30 Curtis Williams who is on the Water Board and approved a partial membrane and passing 31 ventilation for the site. I agree to do full vapor barrier and active ventilation and do what he still 32 wants, indoor air sampling. If you dry clean your clothes and bring it in you can get a sample at 33 that site. I think it’s unwarranted. What we’ve proposed is adequate and protects the public and 34 we need to go ahead. Thank you.35 36 Mr. Williams: I’d like to also add a few other comments about the project particularly in 37 response to some of Mr. Moss’s comments. From staff perspective, first of all regarding the 38 comprehensive plan, this project is within the transit oriented residential designation area and the 39 plan does indicate this is an appropriate area for residential. It is designated as a housing site on 40 the housing element. It is within, not the comp plan, but the PTOD area boundary on our zoning 41 map which implements the transit oriented residential zoning. The mixed use component of it is, 42 mixed use specifically spelled out in the housing bonus law as one area that the city needs to 43 approve if that is represented as helping support the provision of below market rate units. 44 City of Palo Alto August 24, 2011 Page 10 of 28 1 Mixed use also is allowed in PTOD zone so is recognized within Transit Oriented residential 2 designation and the PTOD zoning area as allowable use. Hazardous materials that we are talking 3 about are absolutely nothing nowhere like the research park or facilities in fact, restrictions that 4 are in here are in there specifically to essentially keep the level of hazardous materials down to 5 something that a typical office would have. It’s not something we will have signs up there 6 labeling as hazardous materials for the fire department to come and be inspecting, its very 7 minimum levels of supportive material so it’s not that type of uses that we’re talking about at all. 8 The Mitigated Negative Declaration regarding a contamination issue we believe is on the 9 conservative side as defined by the standards and requirements that the Regional Water Quality 10 Control Board which is the implementing and approving body, regional body sets forth. 11 12 We can’t get into a debate about whether EPA would if they looked at the site handle it 13 differently, whether the Mountain View site is roughly similar to this or not. I think that’s a very 14 separate analysis and comment in response to Commissioner Tanaka’s question about some other 15 location and TCE impacts. You’d have to do a very extensive study to start looking at what kind 16 of mitigation did they have on that site, maybe none, I don’t know but as far as this site goes, the 17 initial response from both the regional board and from our consultants was that it did not 18 necessarily require a full vapor barrier which is essentially prohibiting vapors from intruding up 19 into the garage space and active ventilation to vent the vapors away from the building. We 20 didn’t need to go to that extent however we told Mr. Hohbach that we believe that that was 21 something that he could do that would be, in our opinion, unfaultable as far as the environmental 22 protection end of it goes and so they have agreed to go to that point. 23 24 There is some sampling required in the garage. I don’t know and I did want to point out George 25 Burwasser from Atkin is here. He is our environmental consultant and he can answer these 26 various questions. I don’t know what burden it is to monitor any residential units but we do have 27 the monitoring in the garage. We do feel that that’s meaningful and the Water Board supports 28 that. We are reliant on the Water Board if there’s something wrong with the way the Water 29 Board addresses these, by their standards we are certainly not qualified to comment on that. Mr. 30 Burwasser may be but that’s what we have to go on. They are a body agency that regulates these 31 issues for us with that, again, Mr. Burlasser is here if you have questions of him.32 33 Mr. Larkin: And I would just add one more thing on the Density Bonus Loss. After the case of 34 Palmer versus the City of Los Angeles we can’t compel the arguments for a rental project to the 35 extent that this project remains a rental project we wouldn’t be able to compel any of the 36 arguments. Because this is a condo project as some point they would be sold and to be sold a 37 certain percentage of units would have to be sold below market rate and until that point as long 38 as they are a rental they would not be on the market.39 40 Commissioner Keller: So a question about if they’re condos and rentals how does it differ from 41 condos that aren’t rentals? Does making them condos change the legality of it because they are 42 turned into rentals or for sale at any time?43 44 City of Palo Alto August 24, 2011 Page 11 of 28 Mr. Larkin: In terms of below market rate, at the time they are sold there would be a covenant 1 that says certain units would be set aside and when they are sold it would be a below market rate 2 if they are sold but until that time we compel them because the rationale in the Palmer case was 3 that under California State Law local governments can’t set rents on local property.4 5 Commissioner Keller: In terms of the BMR that’s proposed are they rentals or will they convert 6 into for sale units if the entire complex or parts of it are sold.7 8 Mr. Larkin: In order to receive a density bonus they would have to remain below market rental 9 for 30 years. 10 11 Commissioner Keller: So is the BMR agreement if this goes through going to say that the 17 12 units are all going to be rental units. 13 14 Mr. Larkin: They would not say rental. They would be below market in certitude. They would 15 be below market for 30 years after which they could be converted to below market for sale units.16 17 Chair Tuma: And that’s what the actual BMR agreement will say?18 19 Mr. Larkin: That’s what we envision the BMR agreement to say. That would be a condition of 20 approval for the tentative map, we still haven’t written that agreement.21 22 Commissioner Garber: A couple of questions. First of all, the statement comparing the PTOD 23 which the site is within versus it being GM, that’s not really the issue, right? Because there is no 24 change of zoning being asked for here.25 26 Mr. Williams: This has not been rezoned. 27 28 Commissioner Garber: So the underlying issues are the uses allowable within GM and the uses 29 that are there now are allowable within GM. 30 31 Mr. Williams: They are given the specific circumstances of this site being on the housing side 32 which is associated… I’d rather just stay away from it. But the reason is when there is a conflict 33 in the general plan between the housing site and the zoning designation which doesn’t allow 34 housing, then the housing element designation which allows housing is going to trump that.35 36 Commissioner Garber: Which brings me to my next question: he housing designation is the 37 trump regardless of City Council policy, regardless of zoning and unless we amend the housing 38 element we will remove this.39 40 My memory is there is active venting and vapor barriers underneath the Campus for Jewish Life 41 and that was criteria there to deal with those issues. Also although concessions have been a topic 42 of conversation, I’m not seeing where they would, and please correct me here because I may not 43 be recognizing it. Are there direct impacts on those concessions relative to the findings that need 44 City of Palo Alto August 24, 2011 Page 12 of 28 to be made? We are not seeing where implementing concessions impacts a finding being made. 1 There isn’t a conflict being created there. So in our purview are the findings. So we may have 2 issues about the concessions but relative to our work this evening we are really focusing on 3 findings.4 5 Ms. French: And the conditions as well which does include Condition 18. The Tentative Map 6 condition in particular, number 18, it does talk about concessions and the requirement of 7 restricting 20% of the 17 units. This is on page 13 of the record of action, section 4.8 9 Commissioner Garber: So the record is there and it is finding the requirements of the project. 10 11 Commissioner Martinez: Mr. City Attorney, can you give us the ground rules of what we can 12 talk about tonight and what not like is there some litigation that we should stay clear of in our 13 discussion?14 15 Mr. Larkin: No. I think that in the purview of the Commission at this meeting is to review the 16 findings for the approval of the Tentative Map and make a recommendation on Mitigated 17 Negative Declaration within that purview I don’t think there are any limitations. The only 18 currently pending litigation is the litigation Mr. Moss mentioned which was somewhat accurately 19 stated but not completely. We have to go back to court on return on red to show that we’ve 20 complied by completing a new Mitigated Negative Declaration and that’s not completed until 21 City Council reviews and approves it so that’s the only issue that remains in litigation. 22 23 Commissioner Martinez: And then, because we are reviewing the Mitigated Negative 24 Declaration we can talk about just about anything. Is that right? Except maybe Architectural 25 Review which we don’t want to talk about anyway.26 27 Ms. French: Certainly the land use section and the aesthetics section are well within the purview 28 of the ARB in this application. Did you have something to add? 29 30 Mr. Larkin: I think anything might be a bit too broad but anything fits in the MND even if it 31 falls outside the purview its okay to ask about it and comment on it but I think the 32 recommendation ought to be focused on Planning Commission issues. Parking, the concessions. 33 The concessions are ministerial so I think you are free to comment on them but in terms of 34 making a recommendation, those are ministerial concessions that are granted provided that there 35 is some underlying basis for granting them and then its really not a Planning Commission issue 36 to discuss the concessions unless there is a concern with the concessions go way beyond what is 37 required to provide further housing so even then its still outside of what the commission has a 38 need to recommend to council. It’s outside council’s purview as well but it will have to be 39 addressed anyway.40 41 Commissioner Martinez: We have no guidelines on concessions correct?42 43 City of Palo Alto August 24, 2011 Page 13 of 28 Mr. Larkin: We have state law and in state law they have to be related to affordable housing that 1 is being provided. They also specifically call out mixed use to make a housing development 2 more feasible for a developer and specifically calls out any other sort of thing that makes the 3 housing more feasible so in this case the concessions that are being requested are not that far out 4 and not out of bounds for what would be required to provide under Density Bonus Law.5 6 Commissioner Martinez: Including an FAR that’s 3 times what we would otherwise permit?7 8 Mr. Larkin: Yes, it is increased to accommodate the housing. 9 10 Commissioner Martinez: And that’s not sort of establishing a precedent for other arguments that 11 will defend their zoning laws against that? 12 13 Mr. Larkin: We acknowledge that we should and we have talked about developing a local 14 ordinance that better defines how that is handled but ultimately the state law is very clearly 15 designed to encourage more affordable housing and we’re up against that so whatever 16 regulations that we develop can’t be so restrictive that we are creating impediments to develop 17 the housing.18 19 Commissioner Martinez: Does that include the parking allowances and parking providers?20 21 Mr. Hohbach: Those are zoning determinations that we’ve made as part of the Architectural 22 Review Project. The only way you could address them is to find that there is a significant impact 23 from parking that wasn’t addressed in the Mitigated Negative Declaration. 24 25 I do want to go back to the FAR and the dense concessions so you said something about 26 defending the zoning issue and we already have that in the lawsuit that was the plaintiff did 27 allege that we overstepped our bounds on the concessions and these are exactly the same as what 28 was approved before and court did not find the city overstepped.29 30 Mr. Larkin: I should add subsequent to the prior lawsuit on this project there have been a 31 number of appellate decisions that have come out and mostly from the City of Berkeley that have 32 upheld decisions of their City Council to approve projects with concessions that are much more 33 dramatic then what we’ve been requested to approve.34 35 I did want to mention also on the parking the Density Bonus Law does create a maximum 36 parking allowance that we are able to require consistent with what our ordinance is which is 30% 37 growth. 38 39 Ms. French: This is at 22% reduction and there is not a concession requesting for the parking. It 40 is through the Director’s Adjustment process which is companion to the ARB process. 41 42 Commissioner Martinez: I am still lingering on our last item about situations where we are 43 approving projects with less than desired parking. It seems to me that we are doing it because of 44 City of Palo Alto August 24, 2011 Page 14 of 28 the shared parking and mixed uses and because we are providing housing near transit. Those 1 things aren’t exactly compatible because if somebody who is taking transit and leaving their car 2 at home, there is no place for shared parking for the workers or builders. It’s a crazy way of 3 thinking about it but we are allowing sort of a higher amount of reduction parking but using 4 arguments that sort of counter that. That’s my concern because of what we just talked about in 5 terms of undertaking projects. I want to see that this project, when you look at this project’s 6 scale, it doesn’t seem overwhelming so it’s almost surprising that the FAR is so high. I sort of 7 accept it. Three story buildings are not pushing our height limit or anything like that. I’m not 8 supposed to say this but architecturally I wish it were better looking but I’m not supposed to go 9 there. 10 11 One thing Planning Director, a very quick question. You mentioned that the level of toxic 12 materials that would be allowed is like household cleansers and things like that but what if an 13 R&D company has an IPS (Interrupted Power Supply) system that is considered hazardous by 14 the fire department. Is that in our consideration? 15 16 Mr. Williams: I don’t know whether that reaches the thresholds that are outlined here or not and 17 we’ve asked for participation from the fire department to be here but they have not. 18 19 Ms. French: Just briefly, I had spoken with Mr. Simpkinson during the preparation of this report 20 to question some of these things as I inherited writing this report from the planner so basically as 21 in the report the fire department has inspections, you’ll see it on page 7 of the staff report as far 22 as what I talked to him about. They have to file a registration form. If its below 10 gallons of 23 liquid or 100 lbs., those are considered normal use thresholds so that is where the applicant is 24 looking to go with what’s going to go in there. If for some reason it’s above that then there is 25 more that would have to happen but there is definitely yearly inspections and other precautions 26 that the fire department takes and has a relationship with businesses as standard practice. It’s 27 noting special with this type of proposal.28 29 Commissioner Martinez: With that we were discussing IPS which is fairly common procedure in 30 businesses. You have to have a separate building permit for it. So this is something that goes 31 beyond because of the nature of our engaging and the typical office building. I’m just wondering 32 whether we’re allowing some of these exceptions to inaudible (1 hour into 3rd topic).33 34 Commissioner Fineberg: I have questions first for the city attorney. If I’m correct that this is 35 GM zoned, and in looking in our municipal code, not the comprehensive plan, but the municipal 36 code in Section 1820040 Section C4 it says mixed use in development is prohibited in GM 37 zoning districts. I understand you said the housing element trumps underlying land use 38 designations in the comp plan but if we have something in municipal code and then in municipal 39 code it says in the first section of it 1801030 compliance with regulations no land shall be used 40 and no facility or structure building shall be erected, constructed, enlarged or used in any district 41 except in a court with regulations established by this title.42 43 City of Palo Alto August 24, 2011 Page 15 of 28 On the next page, 1801080 violations and penalties, any person, firm or corporation violating 1 any provisions of this title is guilty of a misdemeanor. So how do we have a process that our 2 planning director gets to approve exceptions based on concessions from SB 1818. I don’t 3 understand that.4 5 Mr. Larkin: The government code section 61915 supersedes our local ordinance and they 6 require below market units then we have to allow mixed use provided mixed use supports the 7 development of the housing.8 9 Commissioner Fineberg: So that code trumps our municipal code not just our comprehensive 10 plan.11 12 Mr. Larkin: Right. The housing element trumps the rest of our general plan, all of it.13 14 Commissioner Fineberg: Does it require us to create land use conflicts, health hazards, or other 15 issues that potentially threaten life and safety?16 17 Mr. Larkin: No, it doesn’t trump CEQA so the housing element law and the Density Bonus Law 18 don’t trump CEQA so we still have to do an analysis and if CEQA says they are creating a 19 significant environmental impact then that would be reason to deny the application.20 21 Commissioner Fineberg: Do we know the answers to those questions you just posed from a 22 Mitigated Neg Dec if there has been no analysis. If it’s simply a checklist which is a relatively 23 low threshold of analysis?24 25 Mr. Larkin: I would defer to Mr. Burwasser. I’m not an environmental scientist, and he is. 26 27 Commissioner Fineberg: Thank you. 28 29 Mr. George Burwasser: My name is George Burwasser. I am with Atkins North America. We 30 were PBS&J at the time that we started this process and we’ve since merged with Atkins which 31 is why nobody recognizes our name anymore. The environmental checklist to which we refer is 32 Appendix G of the CEQA guidelines. In the past that’s been just that, a guideline, and it was 33 used initially to indicate where further investigation was needed. Through a variety of court 34 cases over the last 30 years we have come to the point where we have something we call a 35 Mitigated Negative Declaration which doesn’t actually exist under CEQA, its actually Negative 36 Declaration, mitigated was just thrown into it. 37 38 We still refer to it as an MND for just ease of identification. The analysis that goes into the 39 Mitigated Negative Declaration is pretty much the same analysis that goes into an Environmental 40 Impact Report. It is presented in a more condensed form, a much more formalized set of 41 questions and responses. I’m sure you’ve all read the Environmental Impact Reports. They 42 make very good bedtime reading sometimes. They can go into an excruciating amount of detail 43 that may or may not relate specifically to the project at hand. What’s attempted to be done with 44 City of Palo Alto August 24, 2011 Page 16 of 28 the Mitigated Negative Declaration is to compress all that background into half a dozen or so 1 questions for each topic and keep the expository writing to a minimum but the analysis is 2 essentially the same. We’ve had to go through months of analysis on this project. We’ve gone 3 through any number of meetings, I literally cannot guess how much email has gone back and 4 forth among the people involved, the city, the Water Board, the public, the meetings of the 5 Planning Commission. I would say the Planning Department, the ARB and so on. It’s been a 6 very long and drawn out process. I believe we are on the 4th revision of this Mitigated Negative 7 Declaration so it’s not something that was just kind of ticked off as we went down a one page 8 checklist. 9 10 If you dig into it you’d find the footnoting alone would fill a small notebook because we’ve been 11 in touch with just about everybody you can think of so all I can say is the analysis has been 12 pretty extensive.13 14 Commissioner Fineberg: Is it all paperwork and hypothetical analysis or is there any testing or 15 measurement that goes to support… For instance the soil test that no toxins were found. Was 16 there any actual testing?17 18 Mr. Burwasser; Yes. There is a great deal of testing that goes on. And we’ll stick specifically 19 with the soil and water stuff but there were four other firms involved in soil testing and water 20 testing in putting together soil mitigation plans, water monitoring plans, there were holes drilled, 21 laboratory tests were made. That is all cited in the document itself I think on the pages just 22 following the introductory material of Attachment B I believe is the initial study. 23 24 There is a list of sources of information. If you look through that list of sources of information 25 you’ll find things like Crosby and Jacobs get technical, SES which I think stands now for Stellar 26 Environmental, SECOR Environmental was involved in that, we were involved in it. The 27 Regional Water Quality Control Board was contacted any number of times with hazardous 28 materials we talked of course to the fire department, to the health officials in the county so there 29 has been both communications among those agencies plus hard testing. The plans that were 30 developed by Stellar are about that thick. For looking after the soils and the water in the 31 environment at the site we went back and forth with the consultant on the vapor barrier and the 32 venting system. We started with one that even our people were scratching their heads about it a 33 little bit until we had dug into it a bit but what was finally agreed to by the developer was a full 34 vapor barrier that is essentially a 60 mil sheet that covers the entire site underneath the garage 35 and below that is a collection system with perforated pipes set in gravel and sand that collects 36 vapor as it comes out of the ground, runs laterally and takes it up vertical pipes so its is vented 37 through pipes in the roof. There are fans on those pipes to help move these vapors out.38 39 Initially it was thought that they could simply be moved out by their own volatility but this 40 would be a much better system in that you know whether it’s running or not. There is no 41 question whether the thing is operative. I can’t go inside the Water Board’s head. I don’t know 42 why they haven’t been tested but what they are proposing here is testing at the point they feel 43 there is most likely to be an intrusion which is the base of a garage where the vapor barriers are 44 City of Palo Alto August 24, 2011 Page 17 of 28 closed. If the vapor barriers break or the venting system malfunctions in any way, that’s where 1 they are going to find them first, right at the source.2 3 Their logic in the past for using that approach is I think, actually perhaps I better not speculate on 4 their logic in the past. Among the statements that they’ve made is that they feel it is much more 5 important to monitor this stuff as close as they can to the possible intrusion source rather than 6 going into people’s apartments and perhaps having to deal with other issues of other toxins that 7 are coming out of the formaldehyde in the carpets and furniture, whatever. So I’ve seen that 8 statement. We can’t go any farther than that. I hope that responds a little bit to your concern and 9 if you want to read those documents they will put you to sleep.10 11 Commissioner Fineberg: I have one more quick question. 12 13 Chair Tuma: I have a follow up question. Do you have a professional opinion of whether or not 14 indoor air sampling should be done in the residential portion?15 16 Mr. Burwasser: The Water Board has decided that it is really not appropriate because as I 17 mentioned… I really would be very concerned about doing that kind of testing because there is 18 so much even in the paint on our walls that can affect this over which nobody has any control 19 except the owners of the unit. If you decide to paint your walls Paris Green there will be a fairly 20 toxic effect to it but no one can stop you from doing it. Unless there is a history available for 21 each one of those units, exactly what has gone on, the reliability of the testing would be a 22 problem. If it were done on a broad scale, as soon as the building is finished for example, once 23 it’s completed before anybody moves in, before any contractors have gone in and done anything 24 to the individual units that would be different. At that point you could do some testing but that 25 doesn’t tell you anything over time so that’s why the program is there to test on a regular basis 26 more frequently in the first few years to make certain that the system is operating and if its 27 functioning correctly then the testing continues for several years but less frequently. But I would 28 be very concerned about doing individual apartment tests without having a really solid history of 29 what went on in that unit prior to getting in there.30 31 Commissioner Tanaka; So I have a couple of questions lending to what Chair Tuma just asked 32 and also what Mr. Moss addressed. The difference between the EPA and the Water Board. Does 33 the EPA really require indoor testing? EPA in general. Do they require indoor testing versus at 34 the source testing?35 36 Mr. Burwasser: Not here. They are not working in Palo Alto. Indoor testing versus at the 37 source testing, it is all indoor testing. You mean individual units. They have a program that is 38 doing that, yes. They are interested in what is going on in those units. They are very concerned 39 about it. Again, I can’t go inside their heads but they’re approach…40 41 Commissioner Tanaka: Is it because people are living there?42 43 City of Palo Alto August 24, 2011 Page 18 of 28 Mr. Burwasser: People are living in all these units. The point of testing an individual apartment 1 unit or condo really is up to the discretion of the regulatory agency and the EPA obviously feels 2 that this is an important thing to do.3 4 Commissioner Tanaka: So Mr. Moss was right then. If the EPA did regulate here there 5 wouldn’t be indoor testing of the…6 7 Mr. Burwasser: We don’t know that. We don’t know what they would require.8 9 Commissioner Tanaka: I’m just trying to understand. Mr. Moss made a statement and I don’t 10 know if it is true that EPA for similar sites to Palo Alto required indoor testing of residential 11 units and the Water Board doesn’t. Is what he said true or is it not?12 13 Mr. Burwasser: They require testing on a site by site basis. What they do at MEW is not 14 necessarily what they are going to do in Illinois or any place else?15 16 Commissioner Tanaka: So if EPA did have coverage here you are saying they wouldn’t?17 18 Mr. Burwasser: I don’t know. We can’t tell. They don’t have jurisdiction here and we can’t 19 second guess what they would do, it would be at their discretion.20 21 Commissioner Tanaka: But they don’t always require the default for this kind of thing. No. The 22 second thing you mentioned was a toxic source or venting and I guess the question is for other 23 people living around, is that an environmental impact to the surrounding area and people.24 25 Mr. Burwasser: Dilution is the solution to pollution has been the background on this. The idea 26 is that by the time they are vented there is sufficiently mixed with the atmosphere above the 27 building because these pipes stick well above the roof and the fans are on top of these things and 28 there is a sufficient dispersal and at a sufficient height so the surrounding neighborhoods will not 29 be affected by that, no more so than the stuff that is filtering out of the ground.30 31 Commissioner Keller: Just a quick follow up. In terms of the concentrations of a chemical like 32 TCE in a garage versus in an enclosed flowing unit, I’m wondering if there is a difference in the 33 garage in terms of potential air exchanges or is the potential for TCE dissipating for a particular 34 site of intrusion as contrasted with a dwelling unit where there might be fewer air changes and 35 the potential for greater accumulation. Is that possible?36 37 Mr. Burwasser: That would depend on the ventilation system in the garage and unit. 38 Presumably the garage is vented through its doorways but the accumulation would depend 39 entirely on the interior ventilation system as to whether you had a higher or lower accumulation 40 at this point. It would be significantly different depending on the air changes per hour and stuff 41 like that. It would make a difference.42 43 City of Palo Alto August 24, 2011 Page 19 of 28 Commissioner Keller: So there is going to be a basement under the garage? It is below ground 1 level right? Removal of a lot of dirt is needed to build this garage. Do special precautions have 2 to be made when there is a lot of dirt removed? 3 4 Mr. Burwasser: Absolutely. That is part of the site excavation plan which is overseen by the 5 city and is to look after all of the soil that is removed, to look after the integrity of the walls. We 6 don’t know whether there is going to be dewatering necessary but the watering plant has to be 7 put in place in this project because of dust control, anything that has to do with soil, has to be 8 controlled. There are some very extensive conditions of approval from the Water Board and also 9 they are protecting the workers. 10 11 Chair Tuma: We’re just about out of time here. So we are going to take a break and come back. 12 Commissioner Fineberg will have one question and I will get my chance to make my comments 13 and then we can take final comments and some kind of action. Commissioner Fineberg has one 14 question left. Commissioner Keller has two minutes left of his time and I have my three minutes 15 left and then we will get to comments and hopefully a motion. Commissioner Fineberg.16 17 Commissioner Fineberg: Director Williams, can you help me reconcile a concept in my head 18 that I don’t know how I should frame what I’m thinking. The zoning under property is a GM. 19 Because of the concessions for mixed use and residential, the project is two-thirds residential, 20 just over 100,000 square feet and 50,000 square feet, so one-third of the project is R&D. In 21 order to minimize health hazards, land use conflicts, etc. the project is being conditioned so the 22 general manufacturing usage will be lightweight uses prohibiting what would normally go on in 23 general manufacturing. So what we’re ending up building isn’t general manufacturing in a 24 general manufacturing zone. Is that consistent with municipal code, comp plan, lest we do it? 25 Why are we doing this? Is this something we should be doing?26 27 Mr. Williams: I think what the alternative and Mr. Moss brought this up, is and we were starting 28 fresh today without the history to it, we would probably say zone it PTOD and they’d be in here 29 and mixed use allows a 1.0 FAR for residential which is what they have. It allows .25 for office 30 R&D type uses so they’d need density bonus for the concessions for an additional .25 of floor 31 area for that and otherwise they’d pretty much be there as far as complying with all our criteria. 32 However, it does have 6 years of history to it. It began under a GM zone with a GM called 33 GMD that did allow for mixed use. The D was taken away and changed. They were allowed to 34 continue through using under the way they submitted the application and then it got caught in 35 litigation and its starting over so we didn’t shift gears to PTOD zoning and seemed to be 36 somewhat pointless but that’s how I think we can justify it and that is if this were in the GM zone 37 down in South Charleston in San Antonio in that area I think that would be a very relevant point. 38 It would be difficult to justify that kind of thing happening.39 40 We are in an area where this is not a manufacturing area and as it transitions its going to get less 41 and less so. It’s got the PTOD overlay on it so given this project I think it is consistent with that. 42 It is consistent with transoriented residential, language and code in the general comp plan. 43 That’s how we feel. It does reconcile. Again, if a project came in tomorrow in this area we 44 City of Palo Alto August 24, 2011 Page 20 of 28 wouldn’t say do it this way, we’d say go start out with the PTOD zoning and come in and they’d 1 be very close to it then we could talk about what concessions are needed but that would be the 2 approach.3 4 Chair Tuma: I have some follow up to that. If they came in and asked for that it would not be a 5 director’s level decision. That would be rezoning. 6 7 Mr. Williams: They’d have to start through the initial Commission, Council and ARB. 8 9 Commissioner Keller: So let me make sure I understand a few things. If we had gone the PTOD 10 route because it is discretionary we can attempt to bring PTOD if not asking for concessions. I 11 think that was a question I asked once, that you can say only on a PTOD simply to say we only 12 give you PC if you don’t ask for concessions. 13 14 Mr. Williams: Rezoning is entirely discretionary.15 16 Commissioner Keller: The second question I have is, in the housing inventory according to page 17 4 of the record it says that the minimum yield for this site inventory is 120 units. I remember 18 when we were dealing with the housing inventory several months ago is that we can deny a 19 project that is a housing project on a site where they don’t provide the house units for the 20 housing inventory so if they provide 120 units we can’t deny on the basis of being in the housing 21 inventory. That’s reason to deny it because we have to provide these sites elsewhere and that’s 22 what I understand you’ve been told.23 24 Mr. Williams: 120 units includes the other Park Blvd. sites where the police building site was 25 going to be. This property itself does not have 120 units designated for it because the 120 units 26 was calculated based on 40 units per acre which is essentially what this site is providing. So if 27 that’s in there it’s more than just site. 28 29 Commissioner Keller:I’m on page 4, 3rd full paragraph. 30 31 Mr. Williams: We can amend that because it’s more than just sites among others. These 32 building sites basically were in that too.33 34 Commissioner Keller: If this was 2.5 acres it would be 100 units not 120. 35 36 Quick question, are biohazardous materials allowed on site?37 38 Mr. Williams: I don’t know.39 40 Mr. Burwasser: From my limited understanding of business codes…41 42 Commissioner Keller: That could be a good thing. The next thing is there any issues about since 43 it is adjacent to a potential identified high speed rail whether it happens or not, 105 decibels I’m 44 City of Palo Alto August 24, 2011 Page 21 of 28 wondering how usable the space is with the courtyard and the noise. Has anybody done any 1 calculations about how usable it is?2 3 Ms. French: We do have a noise study. Mr. Burwasser might know more on the technical4 aspects.5 6 Mr. Burwasser: In the Mitigated Negative Dec. in Section B there is a discussion there that 7 addresses what goes on in the courtyard. The courtyard is protected. There is going to be about 8 60 and that’s significant. It had to be built into the plan because when that train goes by you are 9 going to hear it. 10 11 Commissioner Keller: The last question I have is there is a mention about the Palo Alto Unified 12 School District yield and the data that is used is the Sand Hill EIR which seems to be way 13 outdated. In particular I’m wondering why the data for units, for example the arbor real, would 14 that yield light be more comfortable or the yield on the two complexes on eastern circle might be 15 used? Why are we using data from EIR? We could use the same data. Using the same data 16 from EIR seems…17 18 Mr. Burwasser: We are carrying the data from originally 2006 and it could be that that rate did 19 not change. 20 21 Commissioner Keller: It doesn’t change any mitigation or impact determination of mitigation or 22 anything associated with that but we can make that clarification and use. There are updated 23 numbers placed in the studies. 24 25 Mr. Burwasser: The reason I think that would be important to do is because people will look at 26 this for precedent in that regard going forth.27 28 Commissioner Fineberg: Lathrop Overlay does the demographic studies for the school district. 29 They calculate the student every September then every December of early January there are new 30 demographic yield forecasts based on different housing types and different projects so I can’t see 31 why we can’t take the newest projects from December and January this year and the comps are 32 much better and much more comparable understanding that it wouldn’t change the mitigation.33 34 Chair Tuma: A couple of questions. For GM zone, am I remembering correctly that normally 35 that would require a conditional use permit for housing? 36 37 Mr. Burwasser: Not housing at all. A research park zone was LA and now is LAM.38 39 Chair Tuma: I’m going to go straight to a couple of comments. I think what’s causing me some 40 consternation here and I think maybe others is that essentially under normal circumstances other 41 than 1818 this would never happen without it going through the Planning Commission, without it 42 going through full public hearings without a public level decision without 1818. For 1818 we as 43 a community and commission, council, planning department. We haven’t come up with what we 44 City of Palo Alto August 24, 2011 Page 22 of 28 think is useful so we’re stuck with a situation where there is a project before us that doesn’t feel 1 like its been fully vetted in the public process and that there is this, quite frankly, loophole that 2 this project is being driven through and we are to get it approved without a public process.3 4 Would the public process result in a different outcome? I don’t know but I think that’s certainly 5 what’s bugging me about it and its not we the Planning Commission but the whole public 6 process hasn’t happened on what is a considerable size project in an important location that 7 would add significant housing and so one of the things that this project highlights for me is in the 8 2 move very far up the agenda a discussion and conclusion for setting guidelines around this 9 because with all due respect and you know Mr. Williams I have a tremendous amount of respect 10 for you, I don’t think this is a decision you should be making, I really don’t. Its not a decision 11 any one person should make but that’s not the process the renters of the city are used to on a 12 project of this magnitude. I think our process isn’t working and it needs to be fixed. 13 14 Where does that leave us with respect to this project? We keep hearing how we are boxed out 15 from doing anything other than approving the tentative map and maybe there is some way 16 around that by having problems with MND but I get the sense we’re heading toward a decision 17 that you could justify either way. There is going to be a lot of discussion in the next half hour or 18 45 minutes about different points of view but it hasn’t really come to resolutions because we 19 haven’t decided on a process that’s appropriate. 20 21 I’m certainly not ready to make a motion at this point but that’s the struggle I’m going through. 22 Commissioners? Comments, and anyone who is ready to make a motion. 23 24 Commissioner Keller: I hate to ask just one more quick question before I go on and that is I 25 realized by looking at the December 3rd, 2009 ARB which is attachment A to something on page 26 3 it says that this is being considered and therefore staff has applied the regulations of RM40 to 27 this project and I believe this is before the lawsuit. If that was 2009, why today 2 years later are 28 we not applying the RM40 standard to this project.29 30 Mr. Williams: Our CEQA onsite counselor advised that now was not appropriate and we did 31 change that and not use the RM40 and this helped to some extend justify the residential but his 32 feeling was that this was the GM zone and the GM zone standard should be the basis for that and 33 that was not as defensible to all supplied RM40 standards which used to be way back when34 standards that we would use for mixed use in there so with the first application that might have 35 been appropriate but given that this was a new application it should just be fine. It didn’t alter 36 the fact that concessions could be requested. That’s basically it.37 38 Commissioner Keller: RM40 was a carryover from GMD and is not longer appropriate because 39 it is not a GM site.40 41 Mr. Williams: Thank you. We will put this on our next report on this.42 43 MOTION44 City of Palo Alto August 24, 2011 Page 23 of 28 1 Commissioner Keller: I agree entirely with Chair Tuma’s heartburn on this issue and I think that 2 the issue for me is that there are some nice things about the project being that we are trying to 3 encourage housing and other uses like this for near a train station but on the other hand the high 4 amount of toxins on the site, the adjacency to other uses, I think I mentioned earlier that 5 automobile uses are something we don’t want to build housing near. So it’s kind of weird 6 because we have the automobile site right next door which is an adjacency issue we are 7 introducing. I would actually like to move that we deny the projects on the basis that finding 8 number 6 is not met. And that is design or type of improvements likely to cause serious health 9 problems and I believe that the adjacency to automobile usage where these chemicals are used 10 and the issue of the high amount of toxins in the cleaning is such that… And the juxtaposition of 11 R&D uses underneath a residential use where at least some quantities of hazardous materials can 12 be used is potentially likely to cause serious public health problems for the residents of those 13 condos. 14 15 SECOND16 17 Chair Tuma: There is a motion on the floor is there a second. Motion by Commissioner Keller, 18 seconded by Commissioner Tanaka. Commissioner Keller.19 20 Commissioner Keller: I think that this site needs a little more analysis and I think the issues are 21 not well understood and I think we’ve gone long enough so I’ll let Commissioner Tanaka give 22 his comments.23 24 Commissioner Tanaka: I agree with Chair Tuma’s comments that this hasn’t gone through the 25 correct process. I believe it’s unfortunate because it’s been 6 years and I also see the applicant’s 26 perspective but it seems that there are a lot of environmental issues. They’ve been mentioned 27 but beyond that, it was kind of interesting the comment, there are no windows on the back sides 28 because of train tracks. It is kind of enforcing something that is really more appropriate for the 29 area. Anyway, the environment has never been talked about so I wanted to repeat that.30 31 AMENDMENT TO MOTION32 33 Commissioner Fineberg: I’d like to offer a friendly amendment. Also in our packet attachment 34 A page 5 finding 3. Findings not present that the site is not physically suitable for this type of 35 development because it is in a GM zone and yet what we’re building isn’t a GM building and it 36 is creating land use conflicts with adjacent and existing, not present. 37 38 Do you want to decide one at a time or I’ll give you both of them. I’m going to need some help 39 from our city attorney on the exact wording but the findings and the adequacy of the negative 40 declaration are not there. How do we word it so it specifically relates to the adequacy of the neg. 41 dec.42 43 City of Palo Alto August 24, 2011 Page 24 of 28 Mr. Larkin: I think you can make that recommendation Council. You may want to support that 1 with a fair argument that the findings are inadequate but you can make that recommendation.2 3 Commissioner Fineberg: So what he just said and we’ll have to fill in the details.4 5 Commissioner Keller: I’m inclined to be supportive of that but it would be helpful to have 6 specific reasons that you don’t want to accept a Negative Declaration.7 8 Commissioner Fineberg: The findings for the Mitigated Neg. Dec. are not present because its 9 location of housing in the GM zone is injurious to the public health which echoes what you said 10 but references the Mitigated Neg Dec. It is detrimental to health and public safety because of 11 potential toxic releases, adjacency issues, unknown impacts on the spread of the underground 12 toxic plume and without conditions relating to monitoring potentially unknown future injurious 13 health hazards on occupants in the long term. 14 15 Commissioner Keller: So you’re saying there are no conditions for monitoring. For the long 16 term within occupied spaces. Second.17 18 Chair Tuma: Any additional thoughts?19 20 SUBSTITUTE AMENDMENT21 22 Commissioner Garber: Thank you. I would like to make a substitute motion and see if it has any 23 traction and before I make it let me talk a little bit about why. I was tending to favor the staff’s 24 recommendations. Although I share Commissioner Tuma’s and observation about process, my 25 sense is that is equivalent to changing the goal posts for the applicant in that there is a path, as 26 rigorous as it has been which has let them to this point and I think that they in good faith had 27 been pursuing it to the best of their abilities and the best of staff’s abilities. I do not deny that I 28 believe the project should have had greater public opportunity but the public to weigh in and 29 greater opportunities for the Commission to weigh in.I was initially going to not support the 30 initial motion because we were citing specifically item number 6 but finding number 6 and not 31 number 3 is actually if you were to base it in opposition to the project I think is more powerful 32 but my substitute motion would be to support the staff’s recommendation with the corrections 33 that Commissioner Keller cited earlier on page 4, that we reword the last sentence of the third 34 paragraph to clarify this site is not housing all 120 housing units.35 36 On page 2 the Mitigated Negative Declaration that we update the school yields to the most recent 37 data. I will offer that and see if I get a second. 38 39 Chair Tuma: Okay motion by Commissioner Garber and seconded. 40 41 Commissioner Garber: I add the additional comments. This portion of town is changing rapidly 42 over the next 5 to 10 years. The uses in general are appropriate to what I would like to see in this 43 part of town and they align with the particular discussions I have had about this part of town over 44 City of Palo Alto August 24, 2011 Page 25 of 28 the last 5 years. Although I dislike the Wednesday night architecting of projects, I understand 1 from a planning project that the uses are appropriate and the project will operate as an extremely 2 helpful bridge between the activity that goes on on California Avenue and the activity that will 3 be going on so it occupies a very pivotal position and will help give that street identity and 4 connect those portions of the city. I have nothing further to add at this time.5 6 Chair Martinez: Yeah, you know, I started off the evening being very dubious about the project. 7 Worried about what we don’t know about the toxics that lay beneath. Reading part of the staff 8 report because the possibility exists that contaminated groundwater or soil could be encountered 9 during the construction period the impact is considered less than significant with mitigation. I 10 don’t know how you can say those things together in one sentence but you look at the mitigation 11 section that it refers to MM4 and it is the requiring of one inspection after another and it leads 12 you to believe that there is something there. There is something there that we all should be 13 concerned about. Nevertheless I believe there has been a process, not the process that we know 14 and love but a public process of reviewing this project of creating this Mitigated Negative 15 Declaration of countless ARB reviews, of a valiant effort by the planning director to hold it 16 together and a respect for the rights and efforts of the property owner to continue with the 17 project.18 19 I agree with Commissioner Garber that the project itself is not the problem, it has been the 20 process. I think with the mitigations proposed we should support the project.21 22 Chair Tuma: I agree with Commissioner Garber that changing the rules at this point would be 23 changing the goal posts and I’ve been very clear in the past that I don’t think that’s fair. I also 24 agree with Commissioner Garber that hanging your hat on Section 3, dealing with the design is 25 likely to cause serious public health problems, probably isn’t the strongest of arguments but 26 where I really struggle is with Section 3 and that is that the site is not physically suitable for this 27 type of development. I don’t think that the site is suitable for this type of development. I know 28 it may be on our housing inventory list and SB1818 allows a way around the public process. 29 30 While that is some of the stuff that gives me heartburn, what really gives me heartburn is 31 mitigation measures fail. Scrubbers fail. Toxic releases happen. I really don’t think that it’s 32 appropriate to put a bunch of housing and to create a situation where we were releasing these 33 toxins into the air although if the mitigation measures work properly they are supposed to diffuse 34 what comes out. We know that doesn’t always happen. We’ve had situations where toxins have 35 come out of sites, where scrubbers have failed and people have been ill. The same sites had 36 inspections by agencies who were supposed to do certain things. They didn’t do them. And I 37 think that by putting a bunch of housing on this site given the problems that this would be 38 unearthing and bringing to the surface is not appropriate therefore I cannot support the substitute 39 motion and if the substitute motion does not pass then I would be supporting the original motion. 40 Any additional discussion on the substitute motion?41 42 Commissioner Keller: I think we are supposed to be voting on the tentative map. I don’t see any 43 discussion about that in what I’ve heard proposing what is before us tonight.44 City of Palo Alto August 24, 2011 Page 26 of 28 1 Chair Tuma: If I could, this section of the record land use action that I was referring to is 2 Section 3A tentative map finding and Section 3 was the one I was just talking about.3 4 Commissioner Fineberg: In reference to Chair Martinez’s question, it is my understanding, and 5 if staff could cut me off and correct me if I state this wrong, but the tentative map is a physical 6 representation of drawing and the implementation of the project as it is consistent with the 7 Comp. Plan. Is that kind of a good way to think about it?8 9 Commissioner Garber: In this case the tentative map is simply allowing the site to be divided 10 into airspace units at some point in the future. So it’s the design of the project which means, in 11 this case the public improvements that go along with the project, the boundary lines of the lot. 12 Because it is a condo airspace they don’t have to give those details until they are ready to file. In 13 a project like this it is very simple like black lines on paper.14 15 Commissioner Fineberg: So it’s the drawing of the box regardless of the uses in the box, 16 regardless of the toxins underneath or the adjacency discussed. 17 18 Mr. Williams: That is correct and those other issues are all issues within review but in terms of 19 the actual design as it is laid out in the staff report it talks about what is meant by design and the 20 design is essentially the black lines on paper. In this case it’s not even the religious as a whole 21 because they are not delineating work toward the goal at this time.22 23 Commissioner Martinez: If I could just add, if they chose not to divide the ownership that way, 24 commission wouldn’t be reviewing that. That is what is basically before you and it is why this 25 has come to you because they chose to break this up from an ownership standpoint into 26 something that requires a map and you insert it. Our feeling was the commission was involved 27 and I think you’ve seen tonight as unlike some other cases you’ve seen with maps. We have not 28 tried to restrain your discussion on the land use and environmental issues because it is before you 29 so we want you to feel the whole packages before you. We’ll have some indication of the 30 architectural and design type of situation.31 32 Commissioner Martinez: So again, the objections I hear to the land use not the tentative one. I 33 don’t think we were here to judge the land use tonight. 34 35 Commissioner Tanaka: I do have one other comment about the actual map. So it’s been forced 36 because it is rental versus ownership versus a condo it can be sold. In general, rentals have the 37 tenants stay less time than owners although I don’t know if that’s the whole case.38 39 If it’s an ownership I could imagine if there are issues of the TCE you will be exposed for a 40 longer period of time and then it was a rental. The rental may be there for a few years, maybe 10 41 years but expels to these cumulative effects could be… I don’t know if a family with their own 42 kids knew that then they would want to live here for a long period of time. It sounds precarious. 43 44 City of Palo Alto August 24, 2011 Page 27 of 28 Mr. Williams: Commenting on the comments of CEQA it’s a little bit speculative because I 1 don’t know what’s going on. We are not required to speculate as to how long people might live 2 in a particular building. But, not to say something we can point, it’s just not something we 3 normally analyze in a CEQA contest.4 5 Commissioner Garber: One of the distinction between rental properties and for sale properties is 6 that rental properties. The owner of the property takes the risk of contamination. If the site 7 becomes unusable because of contamination then presumably the developer would take that risk. 8 9 On the other hand, to the extent that the properties or individual units are sold that risk then 10 transfers to the purchasers in common ways. If it turns out that there are significant health 11 hazards at the site, those purchasers at the condos would then be unable to sell their condo 12 ownership to somebody else and so the risk transfers. 13 14 To me the issue is that a key part of this risk mitigation is in some sense the condo or the fact that 15 a condo wouldn’t be appropriate and the fact that this is a site that has its materials, there is a site 16 that has adjacency issues to a lot of things, potential high speed rail and there is a Cal Train. Cal 17 Train has issues to the adjacent car, service, and location. And if its slow people may buy it and 18 be stuck so from the point of view of the remarks of Commissioner Tanaka, it is that a person 19 renting is free to leave. A person buying may be stuck. From that point of view the ownership is 20 going to be longer particularly if they are unable to sell it to someone else so to me the 21 condominium is the crux of the issue and makes this much more operative as a problem. 22 23 Notwithstanding the issues and findings that we’ve found is our tentative map findings and in 24 addition the cover of the staff report says request by Hohbach Realty Company for approval of a 25 tentative map. A tentative map for condomium purchases, 10 84 residential units and the two 26 upper floors, common area, etc. etc., ground floor research and development use so at least the 27 way it was written in the staff report, the motion that was suggested to us, does he incorporate all 28 of these things? That’s how I interpret it.29 30 SUBSTITUTE MOTION FAILED31 32 Chair Tuma: So we have on the floor right now a substitute motion. All those in favor of the 33 substitute motion which was in a sense to move the staff report as a recommendation with some 34 additional conditions that was presented by Commissioner Garber. Motion fails on a vote of 2 –35 4. Commissioners Garber and Martinez voting in the affirmative. Tanaka, Keller, Tuma and 36 Fineberg voting negative. Mr. Lippert is absent. So this brings us back to the underlying 37 motion. Is there any additional discussion on the underlying motion? Seeing no indication the 38 underlying motion was to deny the application for the tentative map and the Mitigated Negative 39 Declaration for the reasons stated by Commissioner Keller in this motion and as amended by 40 Vice Chair Fineberg. All those in favor of the motion signify by saying aye. All those opposed.41 42 INITIAL MOTION PASSED43 44 City of Palo Alto August 24, 2011 Page 28 of 28 Motion passes on a vote of 4 to 2, Commissioners Fineberg, Tuma, Keller and Tanaka voting in 1 the affirmative and Commissioner Garber and Chair Martinez voting no.2 3 With that we will close this item. 4 Architectural Review Board Staff Report Agenda Date:July 7, 2011 To:Architectural Review Board From:Amy French, Manager of Current Planning Department:Planning and Community Environment Subject: 195 Page Mill Road [08PLN-00295]:Request by Hohbach Realty Company Limited Partnership for Architectural Review of a three storybuilding on a 2.41-acre (net) site for ground floor research and development use (50,467 sq. ft.) and 84 residential units (106,920 sq. ft.). Zone District: General Manufacturing (GM). Environmental Assessment: A revised draft Initial Study/Mitigated Negative Declaration was circulated for public review beginning Friday May6, 2011 through Tuesday June 7, 2011. RECOMMENDATION Staff recommends that the Architectural Review Board (ARB) conduct the third and final formal hearing on this project and make a recommendation to the Director of Planning and Community Environment based plans revised to address the May 19, 2011 ARB comments and upon draft approval findings (Attachment A) and conditions (Attachment C). The two options are to recommend the Director approve the application with conditions or deny the application. The Initial Study Mitigated Negative Declaration (Attachment B) is also to be acted upon by the Director following ARB recommendation on the Architectural Review application. The approval or denial of the Architectural Review application by the Director may be appealed to City Council. Draft conditions have been prepared to address the ARB’s most recent comments on seven items, as the applicant has not fully addressed these comments. The conditions may be modified by the ARB following the applicant’s presentation regarding these items. A separate condition regarding the setback along 3045 Park Boulevard and related findings is outlined below. BACKGROUND The ARB application is for a new three story building having 157,387 square feet of floor area with a total of 293 paved parking spaces (274 below grade spaces, 19 surface spaces) accessible from Park Boulevard with 9 landscaped spaces reserved for future conversion to parking spaces. The tentative map for condominium purposes (84 residential units plus commercial unit(s)), submitted on October 5, 2010, will be reviewed by the Planning and Transportation Commission (date uncertain) with final action by the City 195 Page Mill Road [11PLN-00295]Page 2 Council. Background information was provided in the May 19, 2011 and December 3, 2009 staff reports found on the City’s website.The May 19, 2011 ARB report provided a summary of the ARB comments from the December 3, 2009 meeting. Public comments on the revised draft Initial Study and Mitigated Negative Declaration (Attachment B) received prior to the end of comment period June 7, 2011 have been addressed by the City’s consultant in the attached letter (Attachment D). The environmental review process and summary of the revised, final document are described further later in this report. On December 3, 2009, the ARB conducted its first formal review of this project application and continued their review to a date uncertain; the second ARB formal review was held on May 19, 2011, and again continued the item. This is the third formal review and the ARB recommendation must be forwarded to the Director of Planning and Community Environment following the third ARB review of a major item. The ARB’s most recent comments on May 19, 2011 included the following items: 1)For the Akins-property-facing residential units only: Provide either a 10 foot back setback at the upper floor levels (as required per RM-40 zoning standards), or obtain an easement agreement on the Akins’ property bordering the subject property; 2)The tower at the corner “lid” needs to go all the way around the tower on all four sides. The Park Boulevard side needs more articulation. The pale section of wall next to the tower doesn’t do the tower “any justice”. The stucco portion next to the tower needs to be re-thought in terms of design; 3)Planting: Specify the vine species for rear façade trellises; Call out street tree species and relationship to Park Boulevard Tree Planting Plan; 4)Colors: Yellow on the tower is way too bright. Colors seem “spotty” and chaotic. Bring back two options for colors. Boardmember Lew suggested having a “color rule” (i.e. pattern of colors along Park versus pattern along Page Mill, courtyard, etc.); 5)Explore screening for bike lockers and either move the lockers or screen them; 6)Upper part of the accent wall parapets need returns on them to provide thickness; 7)Provide more perspectives from different views. Especially provide a perspective from the Park/Olive side. The applicant submitted revised plans (Attachment G) on June 28, 2011 for ARB consideration. Letters dated June 29, 2011 and June 13, 2011 prepared by the applicant and signed by his architect were submitted on June 29, 2011. A letter dated June 13, 2011 regarding the issue of increased setback facing the Akins Body Shop side of the project is also attached. These three letters are provided as Attachment E. Other plans were submitted June 2, 2011, which differ from the plans submitted on June 28, 2011, in that sheets were added to the applicant-preferred May 5, 2011 ARB review sets; these sheets are labeled “ALT” (indicating alternative proposal rather than the applicant preferred proposal) whereas the June 2, 2011 plan set substituted the former sheets reviewed by the ARB with a revised design to actually address ARB comments. Project sheets in the June 2, 2011 revisions are now labeled as “ALT” in the most recent plan set (sheets ALT-A2.4, ALT-A2.4AALT-A3.1, ALT-A3.2, ALT-A3.6, ALT-A3.6A). The most recent plan set also provides an alternative color scheme of orange, green, yellow and violet not shown in the same intensity as the June 2, 2011 submittal (which was muted shades of blue, yellow, orange and green and discussed with the applicant on June 23, 2011). Staff will post the muted color scheme discussed with the applicant on June 23, 2011 on the wall of the chambers. 195 Page Mill Road [11PLN-00295]Page 3 Other applicant letters were submitted June 2, 2011 and June 15, 2011 and are in the project file. While the June 15, 2011 letter is the same letter as the one submitted June 29, 2011 (except it did not include the attached San Francisco Chronicle article), the June 2, 2011 letter indicates: (a) a willingness to modify the tower appearance, (b) the wall return would be extended from 16 inches to 48 inches, and (c) the perspective drawing requested by the ARB would be submitted separately. In the end, the applicant did not support this version of the letter. The tower modification (item a) is shown on the ALT sheets in the most recent plan sets. Items b and c are not reflected in the plan set. Also, it should be noted the color schemes shown in the plan sets are using the applicant-preferred tower design rather than the ALT tower design. DISCUSSION May 19, 2011 ARB Comments This discussion relates to the seven numbered items summarized above from the May 19, 2011 ARB meeting, and the written response by the applicant’s architect to these items and other items. The applicant does not wish to implement the changes reflected in the ALT sheets, since he prefers the May 19, 2011 plan set. 1)10’ Setback at Akins:No changes have been made in plans, as explained in the applicant’s June 13, 2011 letter addressing this matter. The applicant’s focus is on the fact that the city can’t require the setback as a zoning requirement. However, the ARB may make appropriate Architectural Review findings that the setback is necessary for design reasons. Draft findings (and alternative findings in the event the ARB finds the applicant’s proposal to be unacceptable for design reasons, with regard to the building setback) are included (with the alternative language related to a design need to provide a 10 foot setback at the upper floors underlined) in Attachment A to this report. An additional condition of approval would be required to impose the additional five foot setback at the second and third floors of the project facing the Akins site. If the ARB supports the setback finding and recommends an approval condition, the applicant may either appeal this approval condition, or record a five foot easement on the Akins property in favor of 195 Page Mill Road to achieve a 10 foot building separation at the upper floors. The project plans continue to show is a zero setback at the basement parking level, a 10 foot setback at the first floor level, and a five foot setback at the second and third floor level (with periodic 6’4” setbacks along that side). If a five foot wide easement were proposed and recorded on the Akins property to benefit the 195 Page Mill Road development, a 10 building separation at the upper floors would be provided and thereby meet the intent of the RM-40 zoning standards, even though the zoning standards are no longer required per the City Attorney (as only the GM zoning regulations are applied to the project and no Variance is required from the RM-40 10 foot interior side yard building setback). The alternative condition language, if approved by ARB, would read as follows: “The proposed design of the second and third floor level facades facing the interior side property line abutting 3045 Park Boulevard shall be revised to show a 10-foot side yard consistent with ARB approval findings for this project. This may also be satisfied if the applicant obtains a 5-foot easement in perpetuity from the neighboring property owner.” 2)Corner Tower:As described in the background section, the plans submitted on June 2, 2011 (sheet A3.1) indicate modifications to the tower elevations, which are then noted as 195 Page Mill Road [11PLN-00295]Page 4 alternative plans in the June 28, 2011 plans. Staff believes the below changes now shown as ALT may address the ARB concerns so a condition of approval (also in Condition 1) notes the ALT tower design as the version recommended to address ARB concerns: a.The metal component is slimmer on the Park Boulevard side and now similarly proportioned as the metal component on the Page Mill Road side; b.The adjacent balconies are wider on Park Boulevard side, similar to Page Mill side; c.The yellow corner component is now its own entity -no longer partially hidden behind the metal component and has greater length (the bottom edge extends lower to the line of the top of the windows on the adjacent metal component) to help with the illusion of “corner tower”; it protrudes (in vertical plane) beyond the metal components at the corner and is cantilevered over the third floor wall plane; it is also scored asymmetrically including a vertical score line that was not there previously; d.The windows on the “lid” of the yellow component (serving as a mechanical screen) are not shown going all the way around the tower on all four sides as requested for technical reasons set forth in the architect’s letter; however, the “lid” windows are no longer reflecting an indent detail below the cap and above the yellow corner component, so the illusion of windows turning the corner (and then not turning) is no longer presented. 3)Planting:(A) Vines: Since vine species for rear façade trellises have not yet been identified, a condition of approval requires such specification and staff review prior to submittal of building permit application. (B) Street Trees: The species along Park Boulevard are noted London Plane Trees, which the Planning Arborist is satisfied with as a street tree species. The Public Works Arborist attended the May 19, 2011 meeting to explain the reasons for selecting the alternate tree species. The Planning Arborist will again attend the ARB hearing to answer questions regarding the Park Boulevard Tree Planting Plan and the final selection. 4)Colors:The applicant pleads that the ARB support the applicant’s color consultant’s scheme presented to the ARB on May 19, 2011, offers an explanation and news article by John King about color on a recent San Francisco development. To address the ARB’s request, the June 29, 2011 letter describes the mustard color “Gambel Gold” noted on sheet A3.1 and an option for ARB to approve a lighter gold or yellow on the same Sherwin Williams color strip, including “Overjoy” and “Solaria”, or the “Bee’s Wax” color the color consultant had originally selected. The June 28, 2011 plan set, an alternative color scheme is provided is shown on four elevations noting where the color would be provided (yellow on the tower only, muted orange-red in three locations, muted lime green in three locations, muted violet blue in four locations on the long elevations and three locations on the short elevations). The architect notes that if neither of the schemes is found acceptable, the applicant proposes using a single color, the background beige color. In any case, staff has included in Condition 1 a requirement for brush out of sample area of paint colors on the building per the approved color scheme for ARB subcommittee final review. 5)Bike Lockers:Bicycle parking facilities would be provided as part of each dwelling unit’s private storage area in the parking garage and bicycle parking would be provided at ground level adjacent to the courtyard, which the applicant has stated cannot be screened because of constraints that were not more fully described but were perhaps discussed previously. 6)Accent Wall Parapet Returns: The final applicant letter did not address this concern; 195 Page Mill Road [11PLN-00295]Page 5 therefore condition of approval #1 includes a requirement for thicker returns on the accent wall parapets (48 inches in thickness per the applicant’s earlier letter). 7)Perspective Drawings: Not provided in the most recent plans or other plans, but no condition of approval has been added regarding this issue. Zoning and Comprehensive Plan Compliance The zoning table describing how the project meets the development standards and the analysis of the Palo Alto Comprehensive Plan policies applicable to the project were included in the Initial Study/Mitigated Negative Declaration (Attachment B) that was circulated May 6, 2011 through June 7, 2011. Earlier ARB reports for this application included description of concessions requested and Zoning comparison and Comprehensive Plan tables. Green Building Requirements The applicant had previously submitted a LEED Silver proposal. The requirements as of January2011 are that the applicant must submit a Multifamily Greenpoint Rated Checklist for the residential portion of the project and the California Green Building Code form –as locally amended to require Tier 2 –for the R&D portion of the project. These forms were supposed to be included with this staff report but have not been provided to date. The City also has a LEED ND pilot program requiring submittal of checklists for information purposes only. A condition of approval #2 has been included to require submittal of green building checklists per current requirements and requesting the LEED ND checklist for data gathering purposes. ENVIRONMENTAL REVIEW The attached draft Initial Study and Mitigated Negative Declaration (Attachment B) includes clarifications made to address comments made prior to June 7, 2011, the end of the circulation period for public comments, which began Friday May 6, 2011. The draft Initial Study and Mitigated Negative Declaration (IS/MND) published May 6, 2011 was the third revision and included, but was not limited to, discussion on the potential impacts of the proposed High Speed Rail project, transportation impacts assuming a vacant lot as the baseline reference, additional mitigation measures related to the proposed use of limited amounts and types of hazardous materials in the first floor R&D use, as well as the inclusion of revised and new mitigation measures related to soil and groundwater issues. Staff received public comments and forwarded them to the City’s consultant (Atkins). The response is contained as Attachment D, which has also been referenced in the IS/MND, and annotated clarifications added to the IS/MND do not need to be re- circulated since no new impacts nor mitigation measures have been introduced. TIMELINE Submittal of application:September 22, 2008 Application deemed complete:March 15, 2009 First Draft Initial Study and Mitigated Negative Declaration review period:April 24, 2009 –May 25, 2009 Second Revised Draft Initial Study and Mitigated Negative Declaration review period:November 2, 2009 –December 1, 2009 First ARB Hearing:December 3, 2009 Third Revised Draft Initial Study and Mitigated Negative Declaration review period:May 6, 2011 –June 7, 2011 Second ARB Hearing:May 19, 2011 195 Page Mill Road [11PLN-00295]Page 6 Third ARB Hearing:July 7, 20111 ATTACHMENTS Attachment A:Findings for ARB approval Attachment B: Revised Draft Initial Study/Mitigated Negative Declaration Attachment C: Draft Conditions of ARB approval Attachment D:Atkins Response to Comments by RWQCP and Mr. Moss on May 6 IS/MND Attachment E:Applicant’s responses to ARB’s comments dated June 13, 2011 (received June 13, 2011), June 13, 2011 (received June 29, 2011) and June 29, 2011 Attachment F:Development Plans, received 6/28/11 (Board Members Only) Prepared By:Amy French, AICP, Manager Current Planning/Interim Chief Planning Official Manager Review:Curtis Williams, AICP, Director of Planning and Community Environment COURTESY COPIES Harold Hohbach Hoover Associates Rod Jeung, Atkins (formerly PBS&J, Inc.) Roger Papler, RWQCB Bob Moss Don Larkin City of Palo Alto July 13, 2011 Page 1 of 26 Thursday, July 7, 20111 REGULAR MEETING –8:30 A.M.2 City Council Chambers, Civic Center, 1st Floor3 250 Hamilton Avenue4 Palo Alto, California 943015 6 ROLL CALL:7 Board members:Staff Liaison:8 Clare Malone Prichard (Chair)Russ Reich, Senior Planner9 Heather Young (Vice Chair)10 Alexander Lew Staff:11 Grace Lee Diana Tamale, Administrative Associate12 Judith Wasserman Amy French, Manager of Current Planning13 Elena Lee, Senior Planner14 Curtis Williams, Director of Planning and 15 Community Environment16 17 AGENDIZED ITEMS:18 1.195 Page Mill Road [08PLN-00281]:Request by Hohbach Realty Company Limited 19 Partnership for Architectural Review of a 157,387 sq. ft. building on a 2.41-acre (net) site 20 for ground floor research and development use (50,467 sq. ft.) and 84 residential units 21 (106,920 sq. ft.). Two concessions are requested (per California Govt. Code 65915-65918) 22 to allow residential use and additional floor area to accommodate this use. Zone District: 23 General Manufacturing (GM). Environmental Assessment: A revised draft Initial 24 Study/Mitigated Negative Declaration was circulated for public review beginning Friday 25 May 6, 2011 through Tuesday June 7, 2011.26 27 APPROVAL OF MINUTES:Meeting of June 16, 201128 29 ORAL COMMUNICATIONS. Members of the public may speak to any item not on the agenda 30 with a limitation of three (3) minutes per speaker. Those who desire to speak must complete a 31 speaker request card available from the secretary of the Commission. The Planning and 32 Transportation Commission reserves the right to limit the oral communications period to 15 33 minutes.34 35 Amy French, Manager of Current Planning:Yes, I am the recently-assigned-to-myself project 36 manager since Lata left a week and a half or so ago. So I ask your patience. The first item of 37 business I would say is the paperwork management problem we have today so I am going to go 38 through that first. At places, and some of this by email several days ago, most of this yesterday 39 and today, we have items submitted by the applicant: A letter dated July 6th which starts,“Dear 40 Members”, with suggestions for amendments, architectural review, draft conditions of approval 41 and attachments by paragraph. So I would just make a comment first that I confirmed with the 42 applicant that he meant to say Drawing A3.1 for the first item one and two. It says assume facts 43 City of Palo Alto July 13, 2011 Page 2 of 26 not yet decided by ARB. A mock up is provided for. A mock up note is Note 1 on Sheet A3.1. 1 It notes “provide color mock up as shown”. As you can see there are three little areas on the 2 south elevation shown as Note 1 accent color blue, Note 1 accent color red, Note 1 accent color 3 yellow. So those are the three mock ups facing Park Boulevard; staff’s condition of approval is 4 to have, once those brush outs are there, to have subcommittee review of those three brush outs. 5 That is consistent with the approval condition.6 7 Further, on this submittal that came today to you, there is a note on number 3, conditions should 8 be removed and the applicants don’t know there is any requirement that a final map has to be 9 approved before application for building permit. That is a standard condition that the city 10 enforces in all projects when there is an ARB approval. Then it gets the tentative map and then a 11 final map which has to be filed and recorded prior to issuance of a building permit. That is 12 something we do and that is the right for the applicant to protest that condition by appealing that 13 condition to council but that is the condition that is going along to this recommendation from 14 staff. It is a standard condition. 15 16 The development impact fees are being questioned. I can tell you that the fees were calculated 17 and we haven’t had a discussion with the applicant on this matter but certainly that can happen 18 prior to the director’s action on this project. I haven’t had time to digest the others on this 19 particular submittal.20 21 Next we have, from the applicant as well at places we have the green building checklists. There 22 is one for multifamily green point rated for the upper portions or the residential portion of the 23 project.You have a LEED for neighborhood development which is part of our pilot program 24 requirement and requests in this case the application came in before that requirement was made 25 but thankfully they have provided us for our information and data processing. Then we have the 26 non-residential checklist which is the Cal Green Tier 2 checklist. This came in yesterday. I have 27 not had a chance to analyze or process this with our staff for sustainability but that will happen.28 29 Along with those there was discussion in several applicant submittals about the 10 foot setback. 30 The applicant continues to maintain, as does staff, that the 10 foot setback at the upper floors 31 which is not provided is not a zoning requirement. It is simply something that the ARB is 32 discussing and evaluating whether it is needed for design reasons to have the upper floor set back 33 10 feet. It is not a zoning requirement. It was originally part of an RM40 zoning requirement 34 but we’ve ruled that out as no longer a requirement, so just to be clear on that and we do have 35 alternate findings and you would have to add a condition to require that 10 foot setback at the 36 upper floors; otherwise they do provide a 10 foot setback at the first floor and zero setback at the 37 basement level.38 39 The corner tower -it’s noted, they want to go with what was provided to you on May 19th for the 40 reasons as cited in their various letters. In the alt drawings there is showing a revised tower 41 design, so if that is the pleasure of the board to make that alt set of drawings for the tower, then 42 you would want to make that part of your motion otherwise they are requesting to stay with the 43 May 19th version of the tower. The letter also identifies that vines are jasmine, Polyanthemum 44 City of Palo Alto July 13, 2011 Page 3 of 26 which is the pink jasmine, as I see the drawing L2.1 and I see the V1 but it doesn’t have a 1 species next to it -but now we know what that is. It is pink jasmine for the twelve vines along 2 the rear property line where the trellis is, facing Caltrain. The colors -as I said, they would do 3 the brush outs. I don’t know what they mean about the dri-vit but basically again that is sheet 4 A3.1, not A3.5.5 6 The bike lockers, there is a CMU wall screen of those bike lockers. There are no associated vine 7 plantings on those walls, or that one wall, facing Park Blvd. That is not something we put as a 8 condition but that might be something to explore if there is a desire to put some kind of vine on 9 that CMU wall that is intended to screen the bike lockers from the Park Boulevard view. The 10 returns -it says in this letter, that they are willing to increase the wall thickness to 24 inches. 11 Staff put an approval condition that it should be increased to 48 inches because that was an 12 earlier communication from the architect but the team wishes to keep the 18 inch return but they 13 are willing to go to 24. That condition would have to be modified per whatever the ARB is 14 thinking there.15 16 Perspective drawing -we gave up on that, gave it to you without that, but in that letter it says 17 they are willing to come back with that if the ARB insists. This is the third and final ARB 18 formal hearing on this item. You are requested to provide a recommendation today. If not, the 19 Director may act upon the project without your recommendation, so I just thought I’d throw that 20 in there. That doesn’t preclude you from taking action one way or the other with a condition to 21 come back on, like we had in the conditions of approval, draft condition which said come back 22 on consent and come back for subcommittee review for brush outs, etc.23 24 Other documents, and then I’ll try to wrap this up, other documents we had at places, also from 25 the applicant. They don’t want to see those additional findings placed and again this is about the 26 10 foot setback of the upper floors so again that is the James Janz letter from Sideman and 27 Bancroft dated July 5th. Again those were add-on findings if the ARB felt that was appropriate 28 related to design concerns. Then there is, June 15th came in about Stellar Environmental, I 29 believe this is the consultant retained by the applicant team regarding Mr. Moss’ comments and 30 perhaps Mr. Papler’s comments. In any case, the city retained the city’s consultant, who I 31 believe is present in the room waving his hand, to respond to Mr. Moss’ and Mr. Papler’s 32 comments on the environmental document. So for the record, those that were included as a 33 source document or a reference document in the revised environmental document dated June 34 29th, there are some annotations there clarifying as well something we got back from Joe Teresi 35 of the Public Works Department regarding wording. Again, it’s not introducing an impact or 36 mitigation measure, just some clarifications for the record in that particular category for the 37 environmental document. So that is why we did some annotations.38 39 Chair Malone Prichard: Can I interrupt you? That one I don’t have here. Does anybody else on 40 the board have that one?41 42 Ms. French:This is June 15th response so maybe can you take that out there and… So the EIR, I 43 mean to say MND, Mitigated Negative Declaration, in there I put a note there, responses to Bob 44 City of Palo Alto July 13, 2011 Page 4 of 26 Moss and Roger Papler. It is a source document or a document listed as Document P but it is 1 also Attachment D to the ARB staff report so go to the back of all those attachments and you will 2 find Attachment D, it says Atkins at the top. Attachment D, Atkins in bold letter and that is 3 dated June 29th and is addressed to A. French. It is responding to Mr. Papler and Mr. Moss’ 4 comments on the revised MND. If you do not have the Stellar document which was the 5 applicant prepared responses to Mr. Moss’ comments, we can make a copy for you. The 6 applicant may want to go over that. Regarding Mr. Moss’ comments which you have at places 7 dated July 5th, he basically brings up colors, comprehensive plan policies, parking, the various 8 other items, that’s at places. This was following the responses to comments made by the city 9 consultant. I would just reassert that Mitigation Measure 1 involves aesthetics and that is what 10 you are doing here, is to implement whatever you think is needed for aesthetics to mitigate any 11 concerns or impacts there. The parking assertions, we are comfortable and that is in the 12 environmental document as well. You know that 379 spaces are required; the 30% reduction is 13 allowed because of joint use residential-commercial, it is near transit, and they would have a 14 TDM program, so they would be allowed to provide 265 with a 30% reduction -however they 15 are providing 302, including the 9 spaces in landscape reserve, so their request is a 22% request 16 at this time.17 18 Finally the other at-places documents you have are from Mr. Borock -there are two dated July 19 7th that we received yesterday. He does note there was a document provided on June 7th he 20 wishes would have been addressed by the city’s consultants on the environmental. It’s basically 21 about the below market rate concerns that he has with respect to CEQA review and the tentative 22 map. I should say I’ve hung the draft tentative map on the wall below the alternate color scheme 23 so that if anybody in the public wants to go see that map that is on file with the city and would be 24 brought to the Planning and Transportation Committee along with a resolved below market rate 25 agreement that is in process. I think that concludes all of the at-places memos. Again, with the 26 statement that the vines are now identified, we then can modify conditions. Now we know what 27 that is. The condition #26 notes that Hornbeam should be substituted for the Australian Willows 28 shown there, there are about five of them. That stands. It is resolved as far as the London Plane 29 trees along Park, that’s fine. The Shumar Oak, as proposed in the landscape drawing on sheet 30 L2.1, is fine with the Public Works staff and Planning Arborist. So let’s see, I think I’m going to 31 be deleting number 25 for the Director’s Action. I believe I’ve covered pretty much the items. 32 Again, all of the documentation and background on the details of the project has been contained 33 in the multiple staff reports on this item and available online. I know we have several folks in 34 the audience following the applicant’s presentation.35 36 Chair Malone Prichard: Okay, the applicant: if you would like to come up you have 10 minutes 37 to make a presentation.38 39 Harold C. Hohbach, Hohbach Realty Company: Hi, I’m Harold C. Hohbach from Hohbach 40 Realty Company, a limited partnership. I am going to ask Jim Janz, a real estate attorney, to first 41 come in on the project and that will be followed by Richard Campbell and then Lyn 42 Winterbotham is here to answer any questions you have on landscaping. Thank you.43 City of Palo Alto July 13, 2011 Page 5 of 26 1 Jim Janz:Thank you very much. My name is James Jans and first I want to mention that you 2 have a letter from me that was mailed on July 5th and apparently didn’t make it here on time so it 3 was distributed this morning as part of your packet. I am not going to go into the letter. I have 4 represented Mr. Hohbach on the land use issues of this project since 2006 when it was first 5 approved by the city. I want today to address just the issue of the possible imposition of an 6 additional 5 foot setback on the Akins and shop side of the project. This issue seems to have 7 taken on a life of its own and so you may know the story but let me briefly give you a little of the 8 history.9 10 Initially the city tried to impose GM zoning on the ground floor and RM zoning on the second 11 and third residential floors. The city took the position that Design Enhancement Exceptions 12 could be used to avoid the RM40 zone 10 foot side yard setback which would otherwise be 13 required for the residential levels. Ironically at the first floor level, where there is a setback 14 requirement, there is a setback. The project was approved but delayed by a lawsuit. A couple of 15 years later the city says, change of policy. We can no longer use DEEs quite so easily. You’ll 16 need a variance for the second and third floor setbacks. The city staff agreed to support the 17 project and told us that the variance wouldn’t be a problem, except that then, and this was in 18 2009, the city decides it can’t think of a reason to support the variance so another year goes by 19 and the city decides, on the advice of counsel, that they can’t apply two zoning classifications to 20 the same parcel. That should be good news. GM applies throughout and no DEE or variance is 21 required however, there is this lingering little thought about a setback so at the last meeting here 22 the staff says, if you want a setback, make it a requirement. The city, unfortunately, has put the 23 applicant in a real catch 22 by eliminating the requirements of RM40 zoning, eliminating DEEs 24 and eliminating a variance requirement but then sneaking the setback in as an ARB requirement.25 26 As has been explained in previous correspondence, there are approximately 100 feet between the 27 apartments and the Akins building with only landscape parking intervening and remember that 28 Mr. Hohbach is required to pursue an agreement with the owners of the Akins parcel to provide a 29 five foot landscape screen strip along the property line on the Akins parcel. We maintain then 30 that an additional 5 foot setback would not provide any noticeable difference to the residents of 31 the apartment. In addition, which I’m sure you are very familiar with, there is no practical way 32 to provide a building setback on the property line at the 2nd and 3rd floor levels without going 33 through a whole lot of machinations, reducing the size of individual units on those levels, 34 reducing the size of balconies, moving the south wing forward or north perhaps and thereby 35 reducing the size of other wings in the building, reducing the courtyards, maybe attempting to 36 purchase some rights from the Akins side. All of these architectural efforts have substantial 37 impact on design, structural support, location of utilities, cold compliance issues, all the things 38 that you would understand. These things are time consuming and costly. Sure they can be done, 39 but none of them would be easily achievable and would it be worth it? It’s difficult to believe 40 that a resident of one of these apartments would even notice an additional 5 foot setback. Of 41 course, the concern is not the existing Akins building which is 100 feet away, but rather the 42 possibility that the owner of the Akins site could one day construct a building at the property line 43 just a little over 5 feet away from these apartment units. This is the key to what I want to address 44 City of Palo Alto July 13, 2011 Page 6 of 26 today. Is that likely to happen? For all the work we would have to go through, what are we 1 trying to avoid? The Akins lot is zoned GM-AD for Auto Dealership and there is no auto 2 dealership there now. GM allows a 0.5 to 1 FAR. Assuming that if an auto showroom is built 3 you get up to 0.6 FAR but auto showroom on this site appears unlikely for the future. So let’s 4 look at the GM. What’s the likelihood that an owner would build something right on the north 5 property line of the Akins property?A one story building would take up the whole lot so the 6 largest lot coverage building would only be one story and not pose a problem for the second and 7 third floor residents. A two story building of course would take up a quarter of the lot, a three 8 story a sixth of the lot, etc. You understand that and you can build higher and take up less of the 9 lot but there is no reason to assume that any developer that would do that, no matter what he 10 would build,would built it right at the north property line leaving himself with no setback and 11 leaving the rest of the lot clear. Most likely the building would be closer to the center of the 12 property of the parcel so it seems reasonable to conclude that the worst situation is very unlikely 13 to happen.14 15 In addition, I should note that the code provides a height and setback requirement for any 16 commercially zoned site within 150 feet of residential uses or adjacent to a residential zone as 17 well as a 10 foot height limit at the property line and a 50% daylight plane. It is unclear whether 18 a development on the Akins property would be subject to that requirement because this site is not 19 technically a residentially zoned site but it does establish a precedent which could be used. The 20 city could use it, the existence of the limitations and the code, could be used by the city at the 21 time of some future development on the Akins parcel, to establish a requirement for a setback on 22 that development at the time that that site is developed. So I’ve tried to address the practicalities 23 and I must point out that I have a couple of legal problems which I am obliged to point out as 24 well.25 26 First I’ve explained the catch 22 and I don’t want to go into that again. I think that is a problem 27 for the city. But secondly I don’t believe any attempts to impose setbacks not required by the 28 GM zone could be supported by legally sufficient findings of fact and evidence of that is the 29 requirement of additional 5 foot setback as added to the draft architectural review findings in 30 front of you was put in by simply plugging into four previously prepared findings and setback 31 requirement which clearly indicates the staff did not think the setback was necessary to make the 32 findings at the last go round. So in conclusion I would ask the city to accept the setbacks 33 provided in the project which is in compliance with the GM zoning. Thank you.34 35 Richard Campbell:My name is Richard Campbell. I am an architect with Hoover and 36 Associates. Good morning everyone. I would like to address the seven comments in the staff 37 report. I will take them in the same order. I will try to be brief and then make myself available 38 for questions or comments. 39 40 The first item was the setback which Mr. Janz has already addressed. The second item is the 41 tower and to explain our position on the tower I would like to ask you to turn to the first color 42 perspective. It’s way at the back of the set. This shows the tower as it has been designed from a 43 number of years ago, this project had the tower designed this way. The shape of the tower, the 44 City of Palo Alto July 13, 2011 Page 7 of 26 configuration, is actually set or based on the equipment which is screening and the lower part of 1 the tower, the flanking elements, the height of those is determined by what it is screening and 2 that goes around on all four sides. What extends above that, where you see the upper part of the 3 tower -that was for aesthetics only and based on a suggestion some time ago, that we wanted 4 something stronger on the corner. The way we designed it, was integrated on the side panels. 5 That was the intent, we thought it was appropriate, and it is still what we would like to do but 6 based on comments we received at the last meeting we have done an alternate design for the 7 tower to try to make it more prominent and stronger looking. If you turn to the next page, that’s 8 the alternate for the tower. What we’ve done is we’ve brought the plane of the tower out beyond 9 the plane of the flanking elements, the flanking element beside it so it’s more prominent. The 10 middle elements on either side of that are thinner than they were, the tower is deeper. That’s the 11 alternate tower design that we have prepared at the request of the ARB. 12 13 The bike screening, we have added a screen wall in front of the bike lockers. It is a 6 foot high 14 CMU wall to screen the lockers. For the returns on the roof, the best place to see that is on either 15 one of these perspectives. You can see the higher elements return back about 16 inches and the 16 suggestion was to return those 48 inches. We are suggesting 24. We think that with a short 17 return like that you won’t be able to see a return beyond that from the ground anyway. 18 19 The colors on this go way back to one of the earliest meetings we had with ARB where there was 20 a real concern about the way we were treating the back of the building, the very blank wall 21 against the Cal Train tracks. At that time the color consultant was involved. We thought we 22 would use a Mondrian art sort of motif back there and we picked a particular painting that was 23 basically black and white squares with very bright primary colors. I’m sure some of you have 24 seen that Mondrian painting. At that point, we tried to carry those primary colors on through the 25 project, red, blue and yellow. We made a number of different changes on those as we appeared 26 before the ARB on a number of occasions and at the last meeting my sense was that there was 27 not too much objection to the red and blue color but there was an objection to the yellow color. 28 So we have proposed an alternate to the yellow color. It should be in your packet, or is it being 29 passed around? That’s an alternate to the yellow color. We also went back to the office and met 30 with three of our designers and said, let’s just forget the primary colors that we worked with for a 31 number of years on this project and what would we do if we were coming with an alternate other 32 than primary colors. Those are the colors that you see on the color board. The colors we are 33 recommending are the ones to your right and to the left are the three alternate colors for the 34 accent colors. That is shown also on the color drawings, color renderings in the back of the set. 35 The brighter colors that we initially chose, we were looking for something on this project that 36 would be quite playful. Those would be used in very small areas. I remember something an 37 instructor told my class one of my first years in architectural school. He said, when you are 38 picking colors, remember one thing from nature and that is canaries are yellow and elephants are 39 grey. So we are using these accent colors in very small areas and we think the bright colors in 40 those limited areas are appropriate. We would not use those colors throughout the project. We 41 have a field color that is a pretty neutral color.I’ve gone over my time so I think I’ll conclude 42 with that and make myself available for questions.43 44 City of Palo Alto July 13, 2011 Page 8 of 26 Chair Malone Prichard: Thank you. I have one card for a member of the public. Is there anyone 1 else who wanted to speak? Okay so we have Mr. Robert Moss and you’ll have three minutes.2 3 Robert Moss: Thank you. A couple of comments, first of all from Hohbach, July 6th, you 4 absolutely must bear in mind that when this project was first approved in January of 2007 a 5 condition of the City Council was there must be complete approval of the ARB before a project 6 construction permit is granted. Mr. Hohbach went in across the street and applied for a 7 construction permit the day before the ARB reviewed it. Don’t allow that to happen again.8 9 Second, when this project was rejected by the court, there was a requirement that the city had to 10 respond by August 2008 how they were going to address the problems with CEQA. The city has 11 never done so and is in violation of a court order.12 13 I want to talk about this garbage letter that you got from Stellar. The first problem is that they 14 ignore the fact that 395 Page Mill is part of the official 640 Page Mill Superfund Site. Second 15 they ignore the fact that the coding area which includes this site is shown very clearly on all of 16 the drawings as being an adjacent and influenced portion of the official Superfund Site and third, 17 Moffett Field, which is across 101 from the MEW site which is a Superfund Site is being treated 18 by the EPA precisely the same way even though it is not a Superfund Site because it is owned by 19 the government. The level of toxicity in the way we mitigate it is not determined whether it is a 20 Superfund Site or just a clean up site. It is determined by the level of danger of contamination in 21 the soil, groundwater and in future buildings. EPA is requiring and the City of Mountain View 22 has required since 2003 that all buildings built in that area have barriers and active mitigation 23 and monitoring. If Mountain View can do it, why can’t Palo Alto? This project fails to comply 24 with CEQA. It fails to comply with normal procedures. It fails to protect the health and safety 25 of future residents and the request that you also be allowing them to put hazardous materials in 26 the R and D space down below will further endanger and eventually I’m sure sicken if not kill 27 some of the occupants. That certainly should be rejected. 28 29 This project should be rejected. They have repeatedly refused to comply with ARB 30 requirements. They refuse to comply with City Council requirements. They refuse to comply 31 with normal procedures required by EPA and by DTSC and they fail to comply with CEQA. If it 32 does not comply with CEQA, I shall sue. 33 34 Chair Malone Prichard: Thank you for your comments and next we have Herb Borock. 35 36 Herb Borock: Good morning and thank you staff for distributing my letters including the letter 37 that I submitted before the deadline on comments mitigating negative declaration regarding the 38 BMR agreement. I am recommending to you that at a minimum, you recommend to the director 39 that he require an environmental impact report for this project. I have said in my letter to have 40 just a revised mitigated negative declaration and have that re-circulated. The reason he would 41 need to do that is so that the entire project is reviewed for its environmental effect and that 42 includes a signed BMR agreement so that the public can see whether or not the BMR agreement 43 actually implements requirements of government code section 65915 that is required for the 44 City of Palo Alto July 13, 2011 Page 9 of 26 project to receive the concessions it has requested because if the applicant is unwilling to sign an 1 agreement that implements those concession standards then the project would need to be 2 rejected.3 4 However, after listening to Mr. Moss and reading the documents from the applicant’s consultants 5 and also both today and what is also in the staff report, I have to agree with him that an 6 environmental impact report is required because of the potentially significant and unmitigated 7 impacts Mr. Moss cited regarding toxics. When an environmental impact report is done, at that 8 time the Council can look at the arguments from different sides on an issue and decide which is 9 the correct one to adopt. It can even adopt the one that is worse, by making statements of 10 overriding considerations. However, at the level of the mitigated negative declaration, if as it 11 happens by Mr. Moss, a fair argument is raised that is different than the one that the applicant is 12 relying upon and it contradicts it and shows that there are potentially significant effects, must be 13 an environmental impact report. Having the consultant have ten times or a hundred times as 14 many for the applicant come in and make new arguments, that doesn’t make a difference because 15 somebody from the public has come and made a fair argument on the other side and that requires 16 an EIR. Thank you.17 18 Chair Malone Prichard:Thank you for your comments. Okay, we’ll go to board member 19 questions and comments. Heather, you start please.20 21 Vice Chair Young: Thank you for your presentation and the submittal of documents for us to 22 review. I noticed that Curtis Williams is with us this morning and I wondered if you had any 23 comments that you wanted to share with us in addition to those already presented by Ms. French.24 25 Curtis Williams, Planning Director: Thank you. I would like to make a couple of comments. 26 First of all, going to the applicant’s statement about the 10 foot setback and then a couple of 27 comments on the environmental review; so the 10 foot issue again in our mind is perfectly within 28 ARB and the planning director’s authority to apply assuming there is an architectural review 29 finding that supports doing that. It is not being applied because there is a code requirement that 30 is being applied but there is discretion to make a determination that given that the second and 31 third floors are residential, that there needs to be more separation than if this were a fully 32 commercial or industrial type of project on the adjacent side so that is certainly a 33 recommendation to us. We will take that very seriously and it is legally within your authority to 34 do that without being challenged that you’ve applied a setback so that doesn’t apply in this.35 36 As far as the environmental, a couple of issues. The first; as far as the contamination issue goes, 37 and we do have Rod Jeung of our environmental consultants here, we are relying not on the 38 number of consultant letters that the applicant has provided, we are relying on our consultant at 39 Atkins in this case who has folks working for them who are experts in this area. They’ve looked 40 at this. They are also relying on the Regional Water Quality Control Board which has authority 41 to review these types of projects and approve them. In both cases they have found that the 42 mitigation that has been proposed is adequate to address the contamination issues and the 43 potential vapor intrusion to this building. In fact, I would go so far as to say they have been very 44 City of Palo Alto July 13, 2011 Page 10 of 26 conservative on that issue, both our consultant and the regional board have told us that they did 1 not think that it may not be absolutely necessary to do the full vapor barrier and the active 2 ventilation system that provides continuous ventilation rather than a passive system that monitors 3 and checks to see whether additional ventilation is needed. So the applicant can originally come 4 in with something less than that. We have felt that from an administrative standpoint, at the staff 5 level, and in order so that we would address this as fully as can be at this point, that we would 6 request that the applicant agree to the full vapor barrier and the active ventilation for that system 7 and they have agreed to do that with the additional cost to them. But we think it’s appropriate 8 given the uncertainty around some of the issues and also so that staff doesn’t have to be in a 9 continual monitoring state to determine when ventilation is appropriate. 10 11 We are comfortable that this is the case and the Regional Water Quality Board which, in this 12 case is the body that rules on these and has to approve this system, said this works and that this is 13 adequate mitigation. The issue with Mountain View, I understand there is a different approach 14 there. That is a different site. All of these sites are different. I think Mr. Moss is correct when 15 he says it doesn’t matter if it is a Superfund Site or not. What matters is the contamination level 16 and how you mitigate that to meet the appropriate standards that are in place and they have done 17 that at this site, whether how that compares to the Mountain View site, I don’t know, but that’s 18 different and EPA is in charge of that, not Water Quality Control Board. I think we’re working 19 on solid basis with our consultant and the regional board. 20 21 And last about Mr. Borock’s concern about the below market rate, that is a condition of approval 22 that is not a project component that has a physical impact on the environment that would be 23 addressed as a part of a mitigated negative declaration or an environmental impact report, if one 24 were done. It is condition number 8 and requires that the BMR agreement be provided and 25 provide 20% as required by state law to support the conditions of the state law that allow for two 26 concessions and it specifically says affordable to very low income houses which the state law 27 requires. So the condition is in there. It is consistent. We have lots of projects that come 28 through and have below market rate agreements. We don’t analyze them as part of the 29 environmental review, they are condition of approval in terms of affordability levels in this case 30 and some others justifying concessions but they have to comply with that before building permits 31 are issued and construction occurs on site. I can answer anything else you have. 32 33 Vice Chair Young:Thank you very much. I’d also like to thank Mr. Moss and Mr. Borock. Our 34 city would be a different place if there were not engaged and active community members, such 35 as yourselves who took it upon yourselves to research and investigate and track and follow over 36 long periods of times these different types of issues. I’m certainly not an expert in any of these 37 and I rely heavily on the advice of the city and the city’s attorneys. That said, I again do need to 38 rely on their advice and recommendations which is probably not what you want to hear. 39 40 This is a large, complicated project. It has a large, complicated history and a large quantity of 41 paperwork to support and document its path along this process. I’ll try and be brief. I’m in 42 support of this project but I am not in support of it outright. I think there are some conditions 43 that should be applied to the project and there should be some continued involvement by staff 44 City of Palo Alto July 13, 2011 Page 11 of 26 and subcommittee as it continues. Regarding the environmental issue and the below grade 1 garage, as I said, I am not an expert and the recommendation from the city’s consultant that a full 2 vapor barrier and active ventilation be provided in the garage seems a reasonable approach to 3 me. I’m sure there are financial ramifications to it and I’m sure it’s not the full level of 4 protection or mitigation that might be requested by some other people but it does seem like a 5 reasonable approach that the developer and owner of this type of commercial and residential 6 project would want to provide for both his residential and commercial tenants.7 8 Regarding the setback on the southern side, it is not a zoning requirement. It is a design desire. I 9 personally think that 5 feet is too little of a setback from a property line from a residential unit 10 and the staff has crafted a response to this which says that there could either be a 10 foot setback 11 at the second and third floors or a 5 foot easement approach that was taken on the other side of 12 the property. The statement I’m sorry from Mr. Janz is correct, we don’t know what the 13 development of the site adjacent is going to be. We don’t know if it is going to be developed 14 now or a hundred years from now. We don’t know if the parcel will stay intact or that parcel 15 will be subdivided which could increase the pressure to locate a new construction adjacent to that 16 property line. We don’t know if it could be rezoned before it is developed in the future. We 17 don’t know. What we do know is this project is proposed, this project has a property line and it 18 is proposed that this project be proactive for the benefit of its occupants to have either a 10 foot 19 setback for the second and third floor or applies to the other side. Other members of the board 20 may have a different opinion.21 22 Regarding the colors, my opinion is that the proposed mock ups on Park Avenue are a very good 23 idea. I think we could stick with the red, yellow, blue palette and select from something in here. 24 I don’t know that it needs all of us trying to do that right now. That could be something that is 25 worked through in subcommittee. We could stick with that main palette, we just need to work 26 through it.27 28 Regarding the tower design, I think that the alternate proposal has some merit but I will stick 29 with the owner’s request that the original May 19th proposal be the one that is put forward with 30 the project. I believe that the address of the planting has been taken care of with the jasmine vine 31 and that there is a proposed screening for the bikes at the entry which seems like a good 32 compromise. The return walls, 24 inches again seems like a reasonable compromise and I look 33 forward to completing our discussion and moving forward with the project. Thank you very 34 much.35 36 Chair Malone Prichard: Judith.37 38 Judith Wasserman:Good day. Thank you for your presentation and this pile of paper that we’ve 39 been swimming through. Thank you also for sending the pictures. They were very instructive. I 40 have been working on this for years and I cannot make the findings. We had seven comments on 41 the last review and of the seven we got jasmine vines and six excuses. Of the findings I cannot 42 make are elements of the comprehensive plan, policy L5 it says maintain the character of the 43 city, avoid land uses that are overwhelming. I believe that this project is very large and when I 44 City of Palo Alto July 13, 2011 Page 12 of 26 get down to the second finding I will explain that. Policy L48 says promote high quality creative 1 design that is compatible with surrounding developments and I don’t think we’ve reached that. 2 The policy T19 says improve and add attractive secure bicycle parking. I don’t think this is 3 attractive bicycle parking. When we started this project it was rental housing. It is now for sale 4 housing. I am getting the bait and switch feeling.5 6 The finding number two that this design is compatible with the immediate environment of the 7 site is not met. I think when you have this kind of massing and height in a relatively mixed 8 neighborhood that your architectural design needs to be exceptional and I think Mr. Legorreta 9 shows us what we could have gotten and what we do not have.10 11 I don’t have an opinion about the setback except to say that if the board feels that this setback is 12 important because of the possibility of future development, that is called planning and that is the 13 name of what we do here. To say that you can’t plan because of the zoning that exists is not 14 correct. Finding number 10 says that the access to the property and circulation are safe. I have 15 long maintained that entering the site from Park Blvd. is not as safe as it would have been from 16 Page Mill and I still believe that is true. It is not clear to me that the materials, textures and 17 colors are an appropriate expression to the design. That’s it.18 19 Chair Malone Prichard: Let’s move to Grace. Thank you.20 21 Grace Lee:I want to thank the applicant for their presentation and yes, we do have a lot of 22 paper, it’s a very complex project and I may be somewhere in between just in terms of my 23 reaction. I appreciate the comment letter to address the comments that came from the last 24 gentleman. I appreciate Curtis’ staff’s comments about the community issues that have been 25 brought up. I do rely on Curtis’ explanation on that side and I understand that conversation will 26 be continued.27 28 On the setback issue I appreciate, I think it was board member Lew who brought it up last 29 meeting. I’ve actually been on this project for quite a while and did not see the potential for 30 future development and I do think it is within our purview to speak to the comfort of the users of 31 those units with the 200 foot façade basically in one plane, twelve units five feet from the 32 property line and so on my part I do have an opinion there. I think the ten foot setback is a much 33 more favorable situation. On the other side as a designer I do get how difficult that will be to 34 achieve.35 36 Corner tower -you know, I think what would have been helpful is to get a section of just how 37 much screening you really need for that mechanical equipment. In my view, I appreciate the 38 effort in the alternate tower and it’s not so dramatic. There isn’t really a new option here. It’s 39 very subtle. The bulk of my comments have been on the tower in this project in terms of its 40 scale and top heaviness. I saw something about the intention of it not being a tower however I 41 think a lot of the board’s comments over the years has been the need for a marker on this corner 42 and something that distinguishes it especially since the massing of the building is a large block 43 and also that it’s a residence, a home. So something to mark the neighborhood and also for the 44 City of Palo Alto July 13, 2011 Page 13 of 26 program but unfortunately I just don’t think the tower achieves it. I don’t see a solution here, an 1 adequate response to the board’s comments from last time. So from my view the corner tower 2 does not improve, it is hard for me to accept this and I think if the applicant had provided some 3 kind of section to really explain how much screening is needed for that mass to change and those 4 flanking walls adjacent to the tower, how those could be modified and a little bit of effort to how 5 the tower could be improved, so I am a little bit disappointed.6 7 The green checklist needs to come in an adequate time for the staff to approve it. This is such a 8 large building and a big proposal for the city, that it is green and in which aspects it is green, and 9 that it fulfills the requirements seems important. I think we can work with the colors. I’ve 10 always been a proponent of the original solution with the Mondrian colors. I don’t see that as a 11 deal breaker in terms of denying or moving this project along. The 24 inch returns and the same 12 thing with the bike lockers, I feel that all of this could be worked out especially with the staff and 13 the board. 14 15 I do think the issues are the 10 foot setback, how we can make that work for residents with its 16 scale and its future and the corner tower in terms of a real architectural feature that makes the 17 building, improves the pedestrian scale or just marks that corner on an urban design level. It’s 18 just always been a question mark and I feel there is no resolution at this point so I will go ahead 19 and pass it on.20 21 Chair Malone Prichard: Okay, Alex.22 23 Alexander Lew: So I am in agreement with board member Wasserman on this project. The 24 issue in this project for me is that it’s an entire city block, about 250 feet by 450 feet. The design 25 is not up to that scale. If the project were a quarter of the size or half the size I would say, fine, 26 we can get there, but it is a whole city block. I think about 800 High Street, very controversial 27 project, and that is just half a city block. That project, even though to me it has some flaws, it 28 does have sunshades and very highly developed planters and pedestrian amenities right at the 29 sidewalk. It doesn’t have a continuous façade along High Street, there is, for lack of better 30 words, a mini-courtyard that breaks up the long length of the façade that this project does not 31 have. 32 33 The other thing on this project is the blank wall along the corridor, a 450 foot long, 3 story blank 34 wall. I looked all over the aerial photos for Palo Alto and I don’t see anything in this town 35 anywhere near that. I don’t see how we can make a finding that this is compatible with the 36 neighborhood environment if there is nothing else like it. I do understand we have unusual 37 circumstances here with the high speed rail but even then, if the massing were broken down into 38 smaller buildings like Palo Alto Central on California Avenue, that does not have a lot of 39 windows on the back facing Cal Train but the massing is broken down so you actually do see 40 windows on the sides. It’s not just the straight, blank wall. It’s broken up to match the scale of 41 the town. 42 43 City of Palo Alto July 13, 2011 Page 14 of 26 I think I also have issues with the sight planning. I think Judith mentioned the entrance on Park 1 Avenue. I do think we are saying that it is considered safe to make a turn into the project but yet 2 we are increasing all the left turn lanes and then the applicant is adding a big left turn lane onto 3 Page Mill Road. That seems to me fairly hazardous. There is a new project in Mountain View 4 which is about the same size project but they divided the project into two buildings but the 5 garage extends below both buildings and then there is a walkway in between and the garage goes 6 all the way underneath that and the garage entrance is on one of the side streets, not the 7 equivalent of Park Blvd. or Alma. It is on a side street so we don’t have any traffic conflicts with 8 bike lanes and stuff.9 10 To me, if you have a long left turn lane of cars trying to turn onto Page Mill Road and then you 11 have people in your proposed project trying to turn and cut into the left turn lane, they are just 12 going to dive in. They are not going to look for bicyclists or pedestrians. To me, that is a very 13 dangerous situation.14 15 In addition to that, I’ve been a critic of the sidewalk although I think I’m the only person on the 16 board who feels strongly about that one.17 18 On the issue of the setback, I think I misunderstood what the staff was getting at at the last 19 meeting. Is the applicant saying that they are required to do a 5 foot planting strip along the 20 Akins property and either I’ve forgotten or I don’t really quite understand what triggered that 21 requirement and if that’s in the conditions of approval. I read the regular condition of approval 22 but I don’t remember what trigger meant. They had that at the last meeting, the landscape plan 23 for the Akins parking lot, they showed it. We didn’t have them in our packets. I don’t 24 understand how that ties into this project legally or what the mechanism was where that 25 happened.26 27 Ms. French: I’ll try to respond to that, though I was not at the May 19th hearing so I wasn’t 28 aware that was shown at the meeting as a solution. My understanding from Lata and the notes 29 that the ARB for design reasons was believing that the second and third floor residential should 30 be approximately 10 feet back from the property line or if need be, a building separation of 10 31 feet, to where they could build on the Akins property, the next door commercial property, where 32 in the future they may build to, somehow with an easement limit, development to at least 5 feet 33 back if they are not going to provide a setback at the upper levels on the 195 Page Mill Road site. 34 That’s my understanding of it and it is rather limited.35 36 Mr. Lew: I guess I thought there was something that predated that.37 38 Ms. French: In the past we had that thinking that was the intent of the RM40 zone which had 39 previously been applicable but no longer was. It’s no longer zoning -simply a design concern.40 41 Mr. Lew: Okay, and then also one more question for staff. On the green checklists, if the staff 42 hasn’t reviewed it can we actually make a recommendation at this time because I have not 43 City of Palo Alto July 13, 2011 Page 15 of 26 reviewed them either and it seems troubling that if we have to make a decision today, I would 1 say I can’t.2 3 Ms. French: The city’s green building recommendations have changed over the years and as you 4 know the California green building code is now in effect and the city has the optional Tier 2 as a 5 requirement so for the commercial portion, in order to get a building permit, must meet Cal 6 Green Tier 2. It would have been nice to have the ARB have a chance to comment on but it is a 7 regulation of the state that the city is locally recommended to require. So you don’t have to. It’s 8 more for your interest but we do have a finding that says its green, what have you. 9 10 Mr.Lew: So I guess I’ll put this on applicant. What green measures are being proposed for the 11 project?12 13 Mr. Hohbach: Ask me that again. You’re talking about the Cal Green building code?14 15 Ms. French: Basically for the residential portion, the city can either do Cal Green Tier 2 or Build 16 It Green for the residential portion, or they could do the whole thing as a LEED silver level with 17 some other things. It is really their option, we work with people on that and LEED ND is just for 18 our research.19 20 Mr. Lew: Okay, so in our findings that we have to meet and review is item 15, the design is 21 energy efficient and incorporates renewable energy elements including but not limited to the 22 city’s regulations. I was wondering what elements are proposed for this project?23 24 Mr. Hohbach: I don’t have the document in front of me but there are three documents, Build It 25 Green which is for the residential portion. A lot of that has to do with the fact that the site is near 26 transit facilities, near public facilities, the streets surrounding the project are walkable, there are 27 bike lanes, those kinds of issues. 28 29 Mr. Lew:Those are very important.30 31 Mr. Hohbach: For the green point rated checklist I think we are required either 30 or 50 points 32 we need to come up with. We have a point total of 115, having to do with services of within half 33 a mile. It’s a mixed use development, building placement, walking and bicycling facilities near 34 the project and then it gets into using the star appliance and so on which we’ve said we will so 35 it’s a three page document. 36 37 Mr. Lew:It seems to me the site issues and having a mixed use building in a pedestrian 38 downtown area, that’s the big thing so that’s fine.39 40 Mr. Hohbach: A lot of this has to do with energy star appliances, water efficient fixtures, light 41 pollution reduction, I won’t go through all of it but we’re well within compliance with this Cal 42 Green point rated checklist. That’s one of the items we were asked to provide and we did 43 provide it on May 10th. I think somewhere it got lost but it was sent in on the 10th and then sent 44 City of Palo Alto July 13, 2011 Page 16 of 26 in again when we got the staff report and realized it wasn’t in the file. The Cal Green checklist is 1 about 21 or 22 pages. It is an incredible document and we have filled that out as a request. That 2 is a new requirement adopted January 1st of this year.3 4 The other things we were asked to do is the LEED ND which is the neighborhood development 5 and that was required as well and we just became aware of it recently. So that’s the situation on 6 what we provided. 7 8 Mr. Lew: Thank you. So let me get back to the issues that I have with the findings. So again, I 9 think that really my main issue with the compatibility is just the length, the unbroken length of 10 the façade. I think the staff maintains that some of the recesses and trellises that you’ve done 11 mitigate that but to my eye they don’t just because of the extreme length of the building that it is 12 not enough. If it were a smaller building I would say the things that you’ve proposed are fine. In 13 my mind, if I took your building and put it on one of the downtown blocks, like on Alma, there is 14 a disconnect there, and I don’t see how that would be an approvable project. It’s just so big and 15 it’s so much of the same module. It’s going to be repeated over the outside of the building as 16 well as the courtyard.17 18 And then on finding number 5 on the design permits, transitions, scale and character in areas 19 between different land uses, and again, with regard to that additional 5 foot setback along the 20 Akins property, to me that’s key in making a transition but to me you’re proposing not to make a 21 transition between these two uses. The Akins property could easily be redeveloped into 22 something else. We have no idea what it would be in the future. We do have applicants who 23 would like to build at zero setbacks without any windows or landscape amenities so I would say 24 we should treat the Akins property as if this applicant bought that property and wanted to build 25 things at zero lot lines or just minimal setbacks or minimal landscaping. Assume that a similar 26 property owner could redevelop that as you are proposing for this site.27 28 On item number seven, planning and citing of the various functions of buildings on the site 29 create an internal sense of order and create a desirable environment for the occupants, visitors 30 and the general community. I would say that the project is starting to look really nice. There are 31 elements of this project that I do like but to me some of the confusion is like having the 32 automobile entrance to the courtyard very close to the garage entrance and so if I’m a visitor, 33 how do I know where to go? If I go into the courtyard it’s a dead end parking lot and it’s hard to 34 turn around. If I’m a visitor where am I supposed to park? The colors you are proposing, a lot 35 of times architects will use colors to inform you where you are supposed to go but in here all the 36 colors are up on those high recesses, there is nothing to orient me about which entrance I am 37 supposed to go to.38 39 We are here in City Hall and this whole city block, and it’s pretty easy where the front door is, 40 where I’m supposed to go, but in your project I really don’t know where to go. You have four 41 different stair towers and if I don’t know the site I really don’t know if I have to go to some back 42 corner staircase. There isn’t, from my eye, you are missing some sort of orientation way finding 43 in the design and I think that’s a lost opportunity and Legorreta is really a master of that. If you 44 City of Palo Alto July 13, 2011 Page 17 of 26 look at his Schwab Center at Stanford, the housing there, the outside of the building is all muted 1 colors but he has really bright colors in the courtyards and he uses the colors to draw you through 2 the building to different spaces. He doesn’t use it everywhere as you’re doing it and he is very 3 particular where he uses it, corridors, entrances, what not. And I think that that is missing in the 4 design. I think the design would be better for it. It seems like you are close but just not willing 5 to take it to the next level. 6 7 Again, item number eight, the amount and arrangement of open space appropriate to the design 8 and function of the structures, and again I agree with the 10 foot setback and issue on the upper 9 floors. I think another secondary concern I have is along Park Blvd. is, I mean this is a lesser 10 concern but its right along and closer to Page Mill Road, only has Crate and Myrtle trees and 11 really no street trees and to me that’s sort of an eye sore for this project. It is unfortunate 12 circumstance with the left hand turn lane but to me that’s not enough landscaping for such a 13 large building and then it begs the question of whether an additional setback or something is 14 needed to get more planting areas. 15 16 Finding number thirteen, the landscape design for the site as shown by the relationship of plant 17 masses, open space scale, plant forms, foliage textures and colors create a desirable and 18 functional environment, and whether the landscape concept depicts an appropriate unity with the 19 various buildings on the site. At the last meeting I was a little bit critical of the courtyard 20 landscaping. I appreciate all the changes that have been made with some larger and a few 21 evergreen trees but still in my mind it is really not enough landscaping. To me, in these 22 multifamily projects, if you are in an apartment, your windows only look out one way and to me 23 in these courtyard kinds of projects they really need the trees to have privacy otherwise you are 24 in a fishbowl. It’s just not enough to provide a desirable place to live. 25 26 Again, on the planting, I do like the redwood trees that are being proposed along the backside of 27 the building along the Cal Train tracks. I am a little concerned about some staff findings saying 28 that if the lease is terminated and for whatever reason the trees are cut down then we can rely on 29 the vines but I’m a little worried. Most vines require sun. That’s just part, there are a couple that 30 grow well in shade, but we are proposing redwood trees. The combination of being on the north 31 side of the wall and redwood trees there will be full shade and the vines won’t grow. If that ever 32 happens we are left with this 450 foot long, 3 story high blank wall. 33 34 Ms. French:Can I ask again because just found out what type of vines are proposed yesterday. 35 I’m wondering if the landscape architect has comment on the species selected, perhaps it’s a 36 shade species, I don’t know.37 38 Lyn Winterbotham, Landscape Architect: That was the reason I selected the pink jasmine 39 because it will do well in fairly low light. Yes, overtime the redwood trees will become 40 extremely dense and that would make it harder to thrive but hopefully the vines can keep up with 41 the growth of the trees and always be reaching for the light.42 43 Mr. Lew:Does this require a trellis to grow on it?44 City of Palo Alto July 13, 2011 Page 18 of 26 1 Mr. Winterbotham: Or guide wires or something like that.2 3 Mr. Lew:The trellises that are being proposed are only shown one story high or eight feet high. 4 In my mind I was thinking of, there is a building, an old digital office building there. That was 5 nice when it was planted but I do recall the day that the whole thing fell down over the parking 6 lot so I’m really sort of worried about that situation, that you have enough support and that it is 7 long term and permanent support and that the vines somehow can get ahead of the redwood 8 trees. Because the redwood tree, that’s going to be a lot of shade so I’m going under the 9 assumption that someday something is going to happen on the Cal Train tracks and we’re not 10 going to have any trees. I don’t have a lot of faith in the 30 day lease termination aspect of the 11 landscaping.12 13 If you think the vines are suitable for that location I’m fine but I would want to see the support 14 details.15 16 Mr. Winterbotham: I think the vines are appropriate for that location.17 18 Mr. Lew:How high would they grow? Is there any indication?19 20 Mr. Winterbotham:They would get 30 feet tall.21 22 Mr. Lew: Okay, that would be good. Some of the other items that I think the applicant 23 mentioned was the lighting, that could come back, I don’t have too much of an issue with that. I 24 think at the last meeting we were talking about sunshades along the Park Blvd. façade, you and 25 Grace had mentioned that and I don’t know whatever happened to that. I think it was maybe a 26 suggestion because the building is such a long façade. That’s it. But I think if push comes to 27 shove and we have to make a decision today my recommendation would be to not recommend it.28 29 Chair Malone Prichard:Okay so I’ll just limit myself to the seven items from last time. The first 30 one is setback. I think everybody has spoken about that. I want to make it clear to the applicant 31 and future applicants that even though zoning allows a zero foot setback you are not entitled to a 32 zero foot setback. There may be other circumstances that require a larger setback than that 33 including item number 7 which speaks about the appropriateness and the experiences of people 34 who will be in the building.35 36 Having said that, however, I would actually be okay with the setback as it is shown on the 37 drawings. The reason for that is that yes, another building may be developed on the site next 38 door but it is not there yet. When it does get developed it will come to ARB for review. They do 39 try to put something right on the property line I hope ARB in the future would say wait a minute, 40 you’ve got residences right there and its not appropriate. That is what the protection is for the 41 residents of this project.42 43 The tower I don’t have a strong opinion on the original tower versus the alternate. 44 City of Palo Alto July 13, 2011 Page 19 of 26 1 The vines and trees look good. For color I prefer the primaries that were originally proposed 2 with a subcommittee coming out and taking a look at the brush outs. That’s the best way to get 3 those colors worked out.4 5 Bike locker screening is good. Thank you for doing that. The wall returns I would like to see 24 6 inches and the perspectives I think were beyond that point. We looked at this project enough that 7 we pretty much all understand what it is going to look like so although this is not my favorite 8 project by any means I think it is an acceptable project and I will be supporting it. 9 10 Ms.Wasserman: Could I bring up the question of the lid on the tower which has been ignored? 11 We asked that it be extended the same on all four sides and it has not been and I think it looks 12 weird. I know that making these changes we’ve asked for at this stage of the game is difficult 13 but I think the applicant dug himself this hole. I don’t think we are responsible for the fact that 14 the building goes out to the property lines on all sides and left himself no room for landscaping 15 on the street and has to rely on the joint powers to plant trees or five feet on the neighbor’s 16 property to get an acceptable screening. I don’t think we are responsible for that.17 18 Chair Malone Prichard:Does anyone want to take a try at a motion?19 20 Ms. Lee: I have a question for the applicant about extending the lid on the tower and adding 21 sunshades to the building since those things weren’t addressed in this application are they willing 22 to make those changes? I was wondering about the residential south facing?23 24 Chair Malone Prichard:Will you come up and address those questions please?25 26 Mr. Hohbach: We didn’t do it on the upper portions of Page Mill because we haven’t done it on 27 the upper portions anywhere else. I think Grace you were the only one that commented on it.28 29 Ms. Lee: What about the lids on the tower? I just want to get some consensus to move this 30 forward. 31 32 Mr. Hohbach:Extending the lid on the tower creates a practical problem for us and that is 33 because the tower has a smaller footprint than the rest of the screen it will put something above 34 the units so in terms of servicing the mechanical units, replacing them, or just servicing the units 35 in that space, its going to be more difficult if we have something above those units. Certainly it 36 can be done but it does create a problem in servicing the units. 37 38 Ms. Lee:I’m sorry Clare, were your comments that you accept the tower design as previous or 39 as revised?40 41 Chair Malone Prichard:The May design although I don’t have a strong opinion.42 43 Ms. French: The portions of the tower extension could be removable.44 City of Palo Alto July 13, 2011 Page 20 of 26 1 Mr. Hohbach:If you are referring to the part of the tower that just sticks up itself then yes we 2 can change proportions of that.3 4 Ms. French: No removable portions. You are saying the extension on the two rear sides makes 5 it difficult to service.6 7 Mr. Hohbach:You can’t lift equipment out. In fact, if you look at one of the drawings it is an 8 alternate roof plan shown on A2.4, it’s the alternate plan. In A2.4a you can see the plan as it’s 9 now proposed where it is completely open above the equipment and if you turn one page to the 10 alternate to show how a four sided tower would be located above the equipment that needs to be 11 serviced. Does everyone have that? A2.4a and then the drawing after that. As you can see, the 12 tower has a substantially smaller footprint than the screen that is required for the equipment and 13 the screening required for the equipment is based on the size of the units we are proposing and 14 clearance required around the units to service the units. So the main equipment screen is the 15 minimum size we need to screen that equipment.16 17 Ms. Lee: But that lid, if you look on sheet 2.4a the lid comes up the page from gridline 1 to 18 gridline 2 it could continue up the page a little bit and return back to where it is returning. It 19 would not be in the way of the equipment and it would look more balanced for example.20 21 Ms. Wasserman: I believe that’s why we asked for the perspective from the other side so we 22 could see how much of the lid was visible. This is a prominent part of the architecture and the 23 design is being driven by the HVAC. I don’t think that’s an appropriate way to approach it.24 25 Chair Malone Prichard:I am in agreement that we do need a perspective of that in order to 26 understand it. 27 28 Ms. Wasserman: We need a sideline view from the street of the tower from the south side of the 29 building, as you are walking north on Park Blvd. the tower should be visible at some point and 30 the question is whether that lid return is visible or not. 31 32 Mr. Hohbach:It will be.33 34 Ms. Wasserman:So it needs to return otherwise the tower looks silly.35 36 Mr. Hohbach:It is possible for us to make the tower four sided. It creates some problems 37 servicing the equipment but I do understand your point. I do. We can make it four sided. 38 39 Ms. French: That’s an example that potentially as we start to set it in motion could turn to a 40 subcommittee.41 42 Ms. Lee: Do you all feel that at this late date adding some type of screens to the south facing 43 windows the elevation would improve the project and it would be worth it? 44 City of Palo Alto July 13, 2011 Page 21 of 26 1 Chair Malone Prichard: I agree it would break up the façade and add more interest to the façade 2 and shadow and comfort to the inhabitants. However, relocating the driveway entrance at this 3 point in the game is not a reasonable subcommittee request. It has been turned down before. 4 The building was designed in this way from the beginning and no matter what anybody said it 5 has not changed and I think Alex’s description of how it works with the left turn lane is very 6 accurate. It was bad enough having the driveway into the courtyard but to have this additional 7 driveway on the busy street did not make sense to me. Do the things I am hearing the board in 8 agreement on so far in terms of moving the project forward have been we need to see sideline 9 view of the tower from the street because we have concerns about its visibility and its overhangs. 10 We need to have some kind of sun shading on the upper floor windows. The accent wall returns 11 at 24 inches. 12 13 Was there anything else we seem to be agreement on?14 15 Vice Chair Young: We all agreed that the final colors could be mocked up on site for a sub 16 committee viewing and I think we could agree that the selection of yellow to go with the primary 17 palette could be addressed in subcommittee and the alternate palette was not something we 18 wanted to proceed with.19 20 I have one follow up comment to a point you had made about the 10 foot setback. I agree in the 21 future the ARB will take into consideration the conditions of the adjacent buildings but I think it 22 is this ARBs responsibility to work with this particular or any applicant to work toward the 23 betterment of the existing project and not put an undue burden on future neighbors and 24 applicants. I think this is a responsibility they should own on their own and whether it be a 10 25 foot setback on their side of the property line or reinforcing the five foot planting area with a five 26 foot easement so that is a protected area as opposed to a nice area I think is a stronger approach. 27 28 Chair Malone Prichard:I agree it’s a stronger approach however we need to look at the 29 conditions as they currently are, there are no applications on the adjacent side. Lots of open 30 space available. As far as making any hardship to the adjacent property owner realizing a 31 building could have been built with a blank wall right on the property so this building is actually 32 providing more space for the adjacent owners than they might otherwise have chosen to do so I 33 don’t feel we are impacting the adjacent owner. Just an opinion. 34 35 Ms. Lee: How would board members draft some kind of condition of approval to address the 10 36 foot setback? Is there any way to do this?37 38 Chair Malone Prichard:It is written into the conditions as they stand. 39 40 Vice Chair Young:I think the other three members were in support of either a 10 foot setback or 41 a five foot easement. Please step in if I misspeak. 42 43 City of Palo Alto July 13, 2011 Page 22 of 26 Ms. Lee: I’m just wondering how this works with a motion. Is it possible for you two to agree 1 for a motion? It sounds like the other two board members are not willing to go. Am I 2 misreading the situation?3 4 Chair Malone Prichard: The conditions as written include the 10 foot setback.5 6 Ms. Lee: I know and I’m wondering how you would change them.7 8 Ms. French: I know the shadings have that shaded area that would say upon conditioned but the 9 condition itself to require that, I don’t believe I put it in there because it was pending ARB 10 discussion.11 12 Vice Chair Young:There was a proposed piece of language.13 14 Ms. French:That would be in the findings and it says as conditioned but I didn’t actually write 15 the condition to put into the conditions of approval so if that is something the ARB wants to do, 16 make those findings, or otherwise reword those findings we do need to craft an actual condition 17 that goes along with those findings if that is the pleasure of the board.18 19 Chair Malone Prichard:Why don’t we do this? Let’s have a mini-vote on whether or not we are 20 going to impose a condition of a 10 foot setback. I want a straw pull. I will start by saying I 21 would not impose the setback.22 23 Mr. Lew: Is it either or the 5 foot or just the 10 foot?24 25 Chair Malone Prichard:Okay, two straw pulls. So the first one is how many people would 26 require a five foot easement on the Akins property in order to approve this project? I am a no. 27 Anybody else? Okay, so that is a no. The second one would be, how many people would 28 require a 10 foot setback on the applicant’s property of the upper floors as a condition of 29 approval of the project?30 31 Mr. Lew: I would say yes to that.32 33 Chair Prichard: Okay, one. Two. 34 35 Vice Chair Young: This is where I get confused because I like the either/or because it gives the 36 applicant to approach it from a design standpoint or proactively from a neighbor’s standpoint.37 38 Chair Malone Prichard:I have a hard time imposing mitigations on someone’s property. I 39 wouldn’t do the “or”. I’m unhappy with the JPB solution also for that reason. Are you a yes or 40 no on that?41 42 Vice Chair Young: I still like the either/or but I understand your point. My problem is I know of 43 other projects we have done things like that. On El Camino, I don’t remember the applicant’s 44 City of Palo Alto July 13, 2011 Page 23 of 26 name, but it was the two condominium units over the 5,000 square feet and the pet hospital next 1 door where they had a shared parking lot agreement and it was all part and parcel of they had to 2 have that agreement about sharing that parking lot.3 4 Ms. French:There was a historic agreement and use of that parking lot by the vet hospital. It 5 was prescriptive easement.6 7 Vice Chair Young: Don’t we have a historic open space here?8 9 Ms. French: Prescriptive easements relate to vehicular use whereas, I don’t know about a 10 prescriptive easement for light and air. 11 12 Ms. Wasserman:Prescriptive easement applies to the long term use of someone else’s property. 13 If I use your property for 10 to 15 years you can’t tell me I can’t use it but in this case nobody is 14 using this property. Its Akins property and they use it. This applicant doesn’t use it so there is 15 no easement now at all so it couldn’t be a prescriptive easement.16 17 Vice Chair Young:What was staff’s thought in presenting it as an either/or?18 19 Ms. French: My spotty recollection was there was a lot line adjustment between Akins property 20 and this property. I am not remembering it correctly at this point but there may have been an 21 agreement they came up with in some way. I wasn’t at the last hearing to hear if an agreement 22 was written. It gives the applicant the opportunity to come forward now and tell you what is a 23 possibility if there is a former or existing agreement in someway. They’ve worked something 24 out, they are paying them, I don’t know how it is with that applicant. This is kind of a vestige 25 from a former report.26 27 Chair Malone Prichard:Mr. Hohbach can you elaborate on what is going on with that five feet?28 29 Mr. Hohbach:Yes. This was entered into long ago with the Akins property. I agreed to 30 reconfigure their lots a long time ago to get this rectangle lot. In connection with that agreement 31 I agreed to provide a 5 foot landscaping strip on the Akins property line adjacent to our property 32 line. That is in writing.33 34 Vice Chair Young: Can you elaborate on that? Is it effectively an easement?35 36 Mr. Hohbach: I don’t have an easement, no. If they absolutely assist I could try and get one but 37 it is like asking a land owner in the future to give up something they might use. I don’t have to 38 use it for landscaping but…39 40 Vice Chair Young: I’m just trying to understand what the nature of this five foot planting strip 41 agreement is.42 43 City of Palo Alto July 13, 2011 Page 24 of 26 Mr. Lew: Correct me if I’m wrong but I believe in exchange for realigning the lot lines it was 1 required that this applicant provide this kind of landscape buffer for future development that he 2 may do on his property to benefit the Akins property so it’s not an easement its just that he was 3 required to fund it. 4 5 Mr. Hohbach:Mr. Winterbotham is here and he did the landscape plans, he can recall too 6 probably what it shows.7 8 Mr. Winterbotham: It is a five foot strip that has trees in it and light. To understand what 9 happened here, to get the right to plant trees I had to agree to give the joint powers board a 10 10 foot right of access back to their property on our property as they have a driveway through there. 11 That’s why we have a 10 foot setback at the office level. They are very unlikely to give that up 12 because they want access to their property and if they give that up, if they take the trees away 13 they’ll have to give up access which I’m sure they will not do. 14 15 Mr. Hohbach: I don’t think anything is going to happen within 5 feet of the property. There is 16 nobody going to build right next to our property. This is an issue that we shouldn’t have to 17 address.18 19 Chair Malone Prichard:With that we will close the public hearing. I want to take a brief break 20 because there are some issues with getting cars moved before they get tickets. 10 foot setback, 21 how many people would require it? We had two who would, two who would not and one with 22 no opinion.23 24 Vice Chair Young: My opinion was to defer to the applicant. 25 26 Chair Malone Prichard:I need a yes or a no. Okay no, I have three nos and two yeses. I say we 27 craft a motion that does not include a 10 foot setback requirement. Third one would be an 28 either/or. Would anyone here support giving the applicant an option of a 10 foot setback or 29 coming to some agreement with the adjacent property owner. So we’ve got one yes, one no.30 31 Mr. Lew: Conceptually I would be agreeable to that although I don’t really understand how it 32 would happen. When would we see the drawings and how would we connect that ARB 33 applicant with this project? It seems complicated to me.34 35 Chair Malone Prichard: It is complicated but let’s assume we can make that work. 36 37 Mr. Lew:I would approve that in the conditions of approval.38 39 MOTION40 41 Chair Malone Prichard:I am a no on that and Grace is a no. So I’ve got no on the 5 foot 42 easement, 10 foot setback and no on the giving a choice.With that, I will make a motion that we 43 approve the project. We do not make any requirements regarding easements or setbacks. We 44 City of Palo Alto July 13, 2011 Page 25 of 26 bring back to subcommittee a view to understand the site lines of the towers from the street, both 1 streets. That shades are added at all the upper floor windows on both sides. That the accent 2 walls should be 24 inches deep and the final colors will be in the primary palette and will be 3 reviewed by the subcommittee on site. 4 5 Ms. Wasserman: The railroad side has no windows.So you are requiring sunshades on Park and 6 Page Hill. What about south side where it might be sunny? 7 8 Chair Malone Prichard:Good point. Three sides. 9 10 Ms. Lee: What about lighting? There was a request to come back with that as well. I just 11 wanted to point out this motion is basically going back to Clare’s compelling argument that in 12 the future ARB would address the setback issue on the property. 13 14 Vice Chair Young: What about the tower lid or the tower design?15 16 Chair Malone Prichard:That should be folded into the approved perspective so for review of 17 options.18 19 Ms. Wasserman:Considering the history of this project, considering options is not sufficient. 20 You need to instruct the applicant to put a lid on that thing on four sides.21 22 Chair Malone Prichard:Good point, I’ll accept that. Okay, all four sides, yes.23 24 Vice Chair Young: Again this might not be part of our purview but the whole discussion that 25 Curtis brought up about the vapor barrier and the active ventilation in the garage is not us? Very 26 good.27 28 SECOND29 30 Chair Malone Prichard:Okay, will somebody second that motion?31 32 Ms. Lee: I will.33 34 Chair Malone Prichard: All in favor? Opposed? We have a recommendation for approval from 35 the ARB. And we are adjourned.36 37 MOTION PASSED (Young,Malone Prichard, Lee voting yes; Lew and Wasserman opposed)38 39 40 41 City of Palo Alto July 13, 2011 Page 26 of 26 1 2 3 4 5 6 7 8 ______________________________________________________________________________________ ATTACHMENT H: Background Information -Timeline Timeline for 195 Page Mill Road/2865 Park Boulevard Projects 2011 Revision to Initial Study/MND to note Lapkoff Study as source and revision PTC review August 24, 2011 Revisions to Initial Study/MND not requiring new mitigation June 28, 2011 Revisions to Initial Study/MND and recirculation May 5-June 7, 2011 ARB reviews May 19, 2011 and July 7, 2011 Director’s Decision July 12, 2011 Appeal filed July 25, 2011 2010 February 8, 2010 Certificate of Compliance to merge parcels October 5, 2010 Tentative Map submittal (application 10-PLN-344) Revisions to Initial Study/MND to address High Speed Rail and Tentative Map City’s internal Counsel determined RM-40 zone development standard not applicable 2009 Initial Study/MND prepared and circulated April –May Initial Study/MND revised to address RWQCB comments and re-circulated in November December 3, 2009 ARB review 2008 September 22, 2008 new ARB application submitted (application 09-PLN-295) 2007 PTC June 13, 2007 3-3 vote on Tentative Map (noted in PTC report of August 24, 2011). Writ of Mandate Filed By Robert Moss 2006 May: On May 10, 2006, the PTC analyzed the implementation of the PTOD overlay envisioned in the Comprehensive Plan. The staff report referenced a noise report prepared in April 2006 that included findings regarding techniques to ensure noise reflection is not an issue including the use of absorptive materials, articulation and avoiding sustained flat surfaces over 100 feet. The environmental review for the PTOD area was handled via an Addendum to Comp Plan EIR. The PTC report is available at: http://www.cityofpaloalto.org/cityagenda/publish/planning-transportation- meetings/documents/PTODSRthruAttD.pdf September: On September 7, 2006, the ARB recommended conditional approval of the project after two public hearings, with regard only to project design, not zoning compliance (pursuant to GM zoning, as requested by the applicant). The project was nearly identical to the 2011 proposal -the construction of a three story mixed-use ______________________________________________________________________________________ building to include 50,467 square feet for research and development and 104,971 square feet for two floors of residential with 84 units. The difference was that a building existed on the site at the time, and the residential units were requested to be rental units with no request for condominiums at the time of Council approval. The applicant had requested one development concession under Senate Bill 1818, with 17% of the units as below market rate (BMR) units; the applicant had considered mixed-use and additional floor area as combined into one concession, whereas staff considered them as two concessions. In addition to the previous Director’s concern over concessions in his denial (then appealed to Council by the applicant), additional concerns included: (1) insufficient justification for parking reduction, and (2) unsupportable findings for Design Enhancement Exceptions (DEEs) for height, setback, daylight plane, and lot coverage). The Director had concern regarding the 451-foot long, 3-story wall facing Alma, where vertical relief and horizontal height variations were needed, as well as the lack of pedestrian-orientation along Park Boulevard. October: Council adopted the PTOD Combining District, and the PTOD regulations became effective on October 10, 2006. The PCE Director denied the mixed-use project based on noncompliance with zoning criteria and the applicant appealed the decision. Following removal from consent on October 6, 2006, the Council scheduled a public hearing for November. On October 11, 2006, the PTC reviewed the Council’s September 2006 initiation of PTOD rezoning of the project site (CMR 328:06), along with a new mixed use Comp Plan designation allowing for an FAR of up to 2.0 on the project site. The report noted that the Director had not concurred with the applicant that SB1818 concessions would allow 1.5 FAR on the project site,and that he had recently denied the AR application for the project. The report also noted that Council had removed the B district in October 2005, and that the PTOD overlay for the area was to take effect on October 11, 2006. For the project site, the staff recommended a 40 foot height limit, 40 units per acre, and 1.25 FAR but allowing for up to 1.5 FAR given a 1.0 for residential and 0.5 for commercial as long as justification per SB1818 were provided that the additional commercial space was needed to support the BMR units. The staff recommendation was for a 20% parking reduction. The report noted that 42-62 housing units would have been the minimum density under RM-40 zone development standards for the project site. The PTC report is found as follows: http://www.cityofpaloalto.org/cityagenda/publish/planning- transportation-meetings/documents/195PMRRezone.pdf Four members of current PTC were on PTC for the October 2006 meeting (Lippert, Keller, Tuma, Garber) as well as two Council members (Holman, Burt). Minutes note that Council had initiated rezoning of the site on September 11, 2006 to PTOD and sent it to the PTC; the PTC continued their review to a date uncertain but never resumed their hearing of the matter because the Council overturned the Director’s denial the project. ______________________________________________________________________________________ The PTC minutes of 10/11/06 are at: http://www.cityofpaloalto.org/cityagenda/publish/planning-transportation- meetings/documents/Oct11Mins.pdf November/December: Council voted to overturn the Director’s denial on November 20, 2006. The PTC received an update on the Council’s action, reflected in the November 29, 2006 PTC meeting minutes, and no further hearing was conducted regarding PTOD rezoning that Council had initiated. An Initial Study/MND was prepared following the Council’s overturn of the Director’s decision, and circulated for Council review. On December 11, 2006, Council approved the application. The Council’s 2006 approval required the BMR units to be increased to 20%, improvement of the aesthetics and articulation of the rear wall of the building to decrease its visibility, and green building features (the approval predated green building requirements). The Council also approved the Mitigated Negative Declaration (MND) following adjustment of one of the mitigation measures; however, the adjusted MND had not been re-circulated for public comment prior to Council approval. Litigation filed by Robert Moss followed the approval and resulted in set aside the Council’s decision due to the lack of recirculation of the MND after a new mitigation measure was added. Before 2006 Background on the years leading up to the 2006 Council approval are provided in CMR 418:06. On September 27, 2004, Council denied a Planned Community (PC) application for a four-story, research and development and residential mixed use building, including 45,115 square feet of research and development space and 2,000 square feet of retail on the ground floor, three levels of residential apartments totaling 177 units, and subterranean parking (CMR 422:04). On August 11, 2004, the PTC had unanimously recommended denial of the PC, concerned the project did not comply with Comprehensive Plan Policies and that the public benefit package was not adequate. In 2005, the site was zoned GM(B) and the applicant filed a formal application in August 2005 and in October 2005, the Council approved removal of the “B” overlay from the General Manufacturing (GM) zone district and thereby prohibited all housing and mixed-use (residential and nonresidential) developments in the GM zone; however,the Council allowed this project to proceed under the GM(B) zoning since it was submitted prior to the zone change, and the site was on the Comprehensive Plan housing site inventory. In 2006, the Council initiated the rezone of the site to PTOD. July 12, 2011 Harold Hohbach Hohbach Realty Company 29 Lowery Drive Atherton, CA 94027 Subject:195 Page Mill Road and 2865 Park Boulevard [08-PLN-00295]: Architectural Review Application Dear Mr. Hohbach: On July 7, 2011 the Architectural Review Board recommended approval of the application referenced above and as described further below, and the Director of Planning and Community Environment (Director) subsequently approved the Architectural Review application on July 12, 2011. The Director’s Architectural Review approval will become effective 14 days from the postmark date of this letter, unless an appeal is filed in accordance with Title 18 of the Palo Alto Municipal Code. The approval was based on the Architectural Review findings in Attachment A and is subject to mitigation reporting as noted in the Mitigation Measures included with the Conditions of Approval in Attachment C and presented in the Mitigation Monitoring Program document (Attachment B). In accordance with California Government Code Section 66020, this letter includes notice of the amount of development fees and a description of the dedications, reservations, or other exactions imposed by the City of Palo Alto in connection with the project, described as follows: 195 Page Mill Road and 2865 Park Boulevard [08PLN-00295]:Request by Hohbach Realty Company Limited Partnership for Architectural Review of a three story building on a 2.41-acre (net) site for ground floor research and development use (50,467 sq. ft.) and 84 residential units (106,920 sq. ft.). Zone District: General Manufacturing (GM). Environmental Assessment: A revised draft Initial Study/Mitigated Negative Declaration was circulated for public review beginning Friday May 6, 2011 through Tuesday June 7, 2011. The fees, dedications, reservations or other exactions imposed bythe City in connection with your development project are described in your conditions of approval and previously agreed upon mitigation measures attached to this letter, including by reference the approved development plans. Government Code Section 66020 provides that project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the project. Any protest regarding the amount of the development fees or the nature of the dedications, reservations or exactions imposed in connection with your project must be initiated not later than ninety (90) calendar days following July 12, 2011. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR TO FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS DESCRIBED ABOVE. If you have any questions regarding the amount of the development fees or the nature of the dedications, reservations or exactions imposed in connection with your project, please call me at (650) 329-2336. Unless an appeal is filed, this project approval shall be effective for one year following the effective approval date, within which time construction of the project shall have commenced. An application for an extension may be made prior to the expiration date. The effective approval date is fourteen (14) days from the postmark date of this letter. The time period for a project may be extended once for an additional year by the Director of Planning and shall be open to appeal at that time. In the event the building permit is not secured for the project within the time limits specified above, the Architectural Review approval shall expire and be of no further force or effect. Should you have any questions regarding this action, please do not hesitate to call Planning Manager Amy French at (650) 329-2336. Sincerely, Curtis Williams Director of Planning and Community Environment Attachments: A: ARB Findings B. Mitigation Monitoring Program Document C: Conditions of Approval Cc:Dick Campbell Jim Janz Robert Moss Herb Borock ATTACHMENT B: MITIGATION MONITORING PROGRAM Park Plaza (195 Page Mill Road/2865 Park Boulevard) July 12, 2011 Section 21081.6(a)(1) of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program 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 and reporting program is to ensure compliance with the mitigation measures during project implementation. On July 12, 2011, the Mitigated Negative Declaration (MND) was approved for the Park Plaza project. The MND concluded that the implementation of the project could result in significant effects on the environment unless mitigated, and mitigation measures were incorporated into the project or are required as conditions of project approval. This Mitigation Monitoring and Reporting Program addresses these measures in terms of how and when they will be implemented. MM-1:Implementation of ARB Recommendations Any Architectural Review conditions of approval, with respect to the design of the proposed project, shall be incorporated into the final design by the applicant. Responsible Agency for mitigation MM-1monitoring: City of Palo Alto Department of Planning and Community Environment Time frame for mitigation MM-1 monitoring: The Planning Department is responsible for ensuring that the applicant’s building permit drawings address ARB approval conditions and that the ARB subcommittee reviews final details as stated in the ARB approval conditions prior to issuance of a building permit. MM-2:Indoor Air Filtration A central HVAC (heating, ventilation and air conditioning) shall be installed that includes high efficiency filters for particulates (MERV-13 or higher). The system should operate to maintain positive pressure within the building interior to prevent infiltration of outdoor air indoors. Responsible Agency for mitigation MM-2 monitoring: City of Palo Alto Department of Planning and Community Environment Time frame for mitigation MM-2 monitoring: The Planning Department is responsible for ensuring that this measure is met prior to issuance of final occupancy permit. MM-3:Protection of Nesting Birds The applicant shall abide by all provisions of Sections 3503 and 3503.5 of the State Fish and Game Code and Migratory Bird Treaty Act of 1918 (MBTA) as published in the Federal Register (Vol.70, No.49; March 15, 2005). Although there is no vegetation on the project site that may contain nesting birds, there may be nesting birds in existing vegetation abutting the proposed project site (e.g., in the Caltrain property). To protect any nesting birds, the proposed project may avoid construction during the nesting period. Alternatively, a qualified wildlife biologist (to be hired by the applicant) shall conduct a survey for nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code in the vicinity of the project site. This survey shall cover all areas that would be disturbed as a result of construction related activities during the nesting period, and shall include a “buffer zone” (an area of potential sensitivity, beyond the bounds of the proposed project construction area) which shall be determined by the biologist based on his or her professional judgment and experience. This buffer zone may include off-site habitat. This biological survey shall be conducted no more than 14 days prior to the commencement of construction activities. The wildlife biologist shall provide a report to the City promptly, detailing the findings of the survey. No construction shall be conducted until this report has been provided to the City and the City has authorized in writing the commencement of construction activities in accord with the biologist’s findings. If nesting birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code are discovered within the buffer zone, the report shall specify the locations of the nests and shall establish an appropriate construction buffer zone around the nest location(s). Nests containing birds that are covered by the MBTA and/or Sections 3503 and 3503.5 of the State Fish and Game Code discovered on site or at off- site locations shall not be disturbed, and construction shall not occur within the appropriate construction buffer zone until a qualified wildlife biologist determines that the young have fledged and left the nest. Responsible Agency for mitigation MM-3 monitoring: City of Palo Alto Department of Planning and Community Environment Time frame for mitigation MM-3 monitoring: The Planning Department is responsible for ensuring that this measure is met prior to issuance of the building permit. MM-4:Protocol for Management of On-site Contamination a)A formal dewatering plan (Construction Dewatering Contingency Plan) shall be prepared, consistent with Mitigation Measure MM-6 in Section VIII, Hydrology and Water Quality of this Initial Study and consistent with the City’s Construction Dewatering System Plan Preparation Guidelines and Dewatering from Construction Sites and In-ground Utilities Maintenance Manual. This plan shall be prepared and submitted for final approval by the City’s Public Works Department prior to issuance of City permits. The applicant shall provide information in the plan regarding the lateral and vertical distances to existing groundwater contamination plumes and an analysis of the potential impacts to those plumes caused by construction activity on the project property, including the use of dewatering sumps or wells under the proposed underground parking structure. Prior to submission to the City, this information shall be submitted to the RWQCB for approval that the proposed work on the subject property, including any use of dewatering sumps or dewatering wells would not have an adverse impact on the current and future cleanup effort of the HP-Varian or COE plumes. The approval shall be submitted to the City’s Public Works Department with the plan and shall verify that dewatering sumps or dewatering wells, if proposed, would not alter the path of the groundwater contamination plume(s) and could not result in 1)bringing groundwater contamination to the project site or 2)a possible future exposure of the public on the project site to groundwater contaminants. The plan shall identify testing and analysis methods, and treatment, if necessary, for disposal into the storm drain system to ensure compliance with the City’s Municipal NPDES permit. Sufficient personnel and material shall be provided by the applicant to implement the plan, should groundwater be encountered by the excavation. b)The applicant shall provide ready access to the project site for the City Building Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, to inspect and enforce implementation of the Soil Management Plan prepared by Tucker Engineering addressing the procedures and precautions to be used for the proper containment, profiling, movement, exportation of soil, etc. during the excavation and construction period. c)The applicant shall provide ready access to the project site for the third party inspection service, which would report to the City and be financed by the applicant to inspect and enforce implementation of the Remedial Risk Management Plan (RRMP), including implementation of the Site Health and Safety Plan; contaminated soil sampling, excavation, and management; the dewatering contingency plan; reporting requirements; land use covenant and environmental restrictions; long term monitoring, inspections, contingencies, and enforcement. d)The applicant shall file documentation with the RWQCB, the third party inspection service reporting to the City and financed by the applicant, and the City for final approval of the completion of the excavation, including soil sampling results within 60 days following the completion of excavation. e)Prior to issuance of the occupancy permit the applicant shall file documentation from an independent consultant specializing in vapor mitigation system design and installation for final approval by the third party inspection service reporting to the City and financed by the applicant confirming that each component (collection pipes, transmission pipes, inlets, risers, vents, etc.) of the vapor intrusion mitigation system (VIMS) has been installed in accordance with the recommendations of the Vapor Mitigation System and Monitoring Plan, and includes the installation of a full vapor barrier, which shall be a 60-mil thick, spray-applied membrane below the elevator shafts, stairwells, pipe chases, and entire floor-slab, as part of the active vapor collection and venting system (i.e., driven by electric fans at the effluent end of the VIMS riser pipes and enhanced by outside air entering through inlet vents) to be installed in the building to mitigate potential soil vapor intrusion. f)The applicant shall file documentation with the RWQCB and the City for final approval by the third party inspection service reporting to the City and financed by the applicant of installation of the VIMS, initial garage air sampling results, and the startup sub-slab vapor-riser monitoring results, with vapor-riser monitoring reports submitted as required by the RRMP, within 60 days following the completion of building construction. g)The applicant shall comply with contingencies regarding vapor monitoring to protect against potential vapor intrusion which would involve additional remediation if the results of the first six (monthly) monitoring events indicate any cause for concern. If the VIMS is operating correctly, monitoring would continue quarterly until vapor concentrations were reduced to 50 percent of the RWQCB ESLs and annually thereafter. If the third party inspection service determines that the VIMS is not functioning adequately, the system is required to be redesigned (under the supervision of the third party inspection service) for more effective removal of VOCs. Monitoring would continue until VOC concentrations were demonstrated to be maintained below the commercial ESLs, as recommended by the RWQCB. h)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the storage and use of hazardous materials within their space would not exceed the limits set by Tables 2703.1.1(1), (2), and (3) Maximum Allowable Quantity Per Control Area of Hazardous Materials Posing a Physical Hazard, 2010 California Fire Code, Title 24, Part 9, Chapter 27, Section 2703.1.1. The space for each R&D tenant proposing to use hazardous materials shall be constructed as a separate compartment with one-hour rated walls, protected common openings, and separate ventilation systems. i)The applicant shall condition the lease agreements with each R&D tenant proposing to use hazardous materials to stipulate that the tenant shall comply with the City’s Hazardous Materials Reporting Requirements and shall prepare and file with the Fire Department, as appropriate, a Hazardous Materials Management Plan or a Hazardous Materials Inventory Statement providing sufficient information on how and where hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. j)Monitoring wells encountered during site preparation or excavation shall be reported immediately to the RWQCB for its decision regarding proper abandonment or abandonment and replacement by the applicant. Work shall stop in proximity to the well(s) until the decision of the RWQCB is implemented. The applicant shall file documentation with the RWQCB and the City for final approval by the City Building Official, or a third party hired by the Building Official, at the owner's expense, that specializes in the monitoring of activities related to excavation and design features during project construction at sites with contaminated soil and groundwater, of proper abandonment or abandonment and replacement of any affected wells. Responsible Agency for mitigation MM-4 monitoring: City of Palo Alto Departments of Planning and Community Environment, Fire and Public Works Department Time frame for mitigation MM-4 monitoring: The Planning Department is responsible for ensuring that this measure is met as noted in each of the alphabetized items in MM-4, Management of On-Site Contamination. MM-5: Grading and Drainage Plan The applicant shall submit a final grading and drainage plan for the proposed project, for City approval prior to the issuance of a grading, excavation, or building permit. This grading and drainage plan shall comply with Engineering Design Standards for storm drain facilities, shall be designed to convey the 10-year storm flow, and shall reflect the recommendations of the Joe Crosby and Associates Geotechnical Report, dated May 10, 2004. Responsible Agency for mitigation MM-5 monitoring: City of Palo Alto Department of Public Works Time frame for mitigation MM-5 monitoring: The Public Works Department is responsible for issuing grading and excavation permits, and responsible for ensuring that this measure is met prior to their Department approval of building permit plans, grading and excavation permits. Planning Department staff is responsible for ensuring Public Works has signed off on this measure prior to signing off on the Building Permit application. MM-6:Construction Dewatering Plan A construction dewatering plan shall be prepared consistent with Chapter 33 of the 2007 California Building Code, and shall be submitted to the City in association with all proposed sub-grade garage excavation activities prior to issuance of a grading, excavation or building permit. The applicant shall include the dewatering plan in the permit plan set submitted for approvals for any excavation activities on the project site. The plan shall provide a system that would remove silt and other pollutants from this water and place clean water into the City storm drain system. The applicant shall secure current data on the depth to groundwater immediately prior to excavation by using piezometers, or by drilling exploratory holes, if the deepest excavation would be less than four feet above the highest anticipated groundwater level. Should dewatering be necessary (i.e., if excavation would occur within four feet above the highest anticipated groundwater level and the piezometer investigation revealed the presence of free groundwater within four feet above that highest anticipated groundwater level), the applicant shall secure City permits associated with the placement of dewatering equipment or actual dewatering and excavation activities on the project site or the abutting public right-of-way prior to beginning excavation. Upon installation, the dewatering system shall reflect BMPs that ensure the water discharged would be of appropriate quality. The installation shall be approved by a City field inspector prior to the commencement of construction water discharge to the storm drain. Extracted groundwater shall be tested for contaminants prior to initial discharge and at intervals during dewatering. Testing shall be performed by an independent testing firm hired by the Building Official, at the owner's expense. Any dewatering to occur in the public right-of-way shall be subject to review and approval by the City of Palo Alto Public Works Department. Responsible Agency for mitigation MM-6 monitoring: City of Palo Alto Departments of Planning and Community Environment and Public Works Time frame for mitigation MM-6 monitoring: The Planning and Public Works Departments are responsible for ensuring that this measure is met prior to issuance of building and excavation permits, and for ensuring the installation is inspected and testing of groundwater has occurred prior to initial discharge and at intervals during construction-water discharge (aka dewatering). MM-7: Indoor Noise Minimization The project shall include design features as specified in the project noise assessment to reduce the indoor noise levels to meet the interior noise standards prescribed by the City of Palo Alto Comprehensive Plan Policy N-39. Responsible Agency for mitigation MM-7 monitoring: City of Palo Alto Department of Planning and Community Environment Time frame for mitigation MM-7 monitoring: The Planning Department is responsible for ensuring that this measure is met prior to issuance of final occupancy permit. MM-8:Pedestrian Warning System A vehicle exiting/pedestrian warning system shall be installed for the underground parking garage driveway to eliminate potential conflicts between vehicles and pedestrians/bicyclists. Responsible Agency for mitigation MM-8 monitoring: City of Palo Alto Department of Planning and Community Environment Time frame for mitigation MM-8 monitoring: The Planning Department is responsible for ensuring that this measure is met prior to issuance of final occupancy permit. MM-9:Transportation Demand Management Plan A Transportation Demand Management Plan (TDM) program shall be implemented as approved by the Director of Planning and Community Environment. The TDM shall be submitted for review and approval prior to issuance of building permits and shall include a shared parking analysis based on the number of assigned parking spaces, and may incorporate (but shall not be limited to) such features as: developer-sponsored subsidized transit passes for residents and employees, a transportation coordinator, convenient displays of alternative travel options, and unbundling of parking, if such features are determined to be adequately effective by the Director of Planning and Community Environment in reducing parking demand. The TDM program shall be subject to further review after building occupancy pursuant to PAMC 18.52.050(d)(3) and (4). Responsible Agency for mitigation MM-9 monitoring: City of Palo Alto Department of Planning and Community Environment Time frame for mitigation MM-9 monitoring: The Planning Department is responsible for review and approval of the TDM program prior to issuance of building permits, and review following building occupancy. September 12, 2011 Mr Harold C. Hohbach Hohbach Realty Company Limited Partnership Hohbach Enterprises Inc. 29 Lowery Drive Palo Alto, CA 94027 21 !IH SiXTH Sniff!. Sl.lTf ;?OI ·lhl?IiUJ)'. CA !J47 I 0 T v!: (:, I H)N4 4 ·:1 1:>:1 ' F ,\x', (:) I II )(;4 4·:jl;1:,>!) GEOs{ !ENe f.: & ENGINf.C !WHl CONSULTING r ECEIVED SEP 12 2011 De:::9.rt,r;:tmt 01: P\"rn;n.fJ B~ c>.: ';":\ in u n ityL", ",~rn. SUBJECT: Clarification of MEW requirements in new building to mitigate against potential volatile organic compound (VOC) vapor intrusion Dear Mr. Hohbach: Based on our telephone conference call of August 26, 2011, I was tasked with contacting Mr. Alana Lee of EPA, Region 9, regulatory project manager for the Middlefield-Ellis-Whisman (MEW) Study Area. The MEW is consists of separate National Priorities List (NPL) or Superfund sites: [Fairchild Semiconductor Corp Superfund; Raytheon Company Superfund; and Intel Corp Superfund; the former Naval Air Station (NAS) Moffett Field Superfund site as well as several other non NPL facilities. The "MEW Study Area" itself is not listed on the NPL. First a few clarifications that were unknown at the time of our conversation on August 26, 2011 : • The !VIEW area has both current residential units as well as proposed residential units ~nd EPA is not opposed to residential units within the MEW boundaries. • There are over 60 commercial buildings and 100 residential units within the MEW boundaries. • Off the 100 residential units, 40 have had indoor air testing and one of the 40 tested units showed indoor air concentration above the EPA indoor air standard. • EPA is using indoor air cleanup levels for TCE of 1 J..lg/m3 for residential occupancy and 5 J..lg/m3 for commercial worker/nonresidential occupancy. EPA derived the TCE indoor air cleanup levels using Cal/EPA's health-based screening level for long-term exposure to TCE. • EPA has no blanket indoor air monitoring requirements beyond the initial post building indoor air testing of the ground floor and to verify that any control system, such as a sub slab ventilation, is operational. Stellar Environmental Solutions, Inc, The MEW Areas current preferred alternative to mitigate against potential vapor intrusion inside new buildings (residential or commercial) according to Ms. Alana Lee are summarized below. I. Ms. Alana Lee said that while individual developers of new building can make a case for no vapor barrier or passive sub slab ventilation (SSV) system, she prefers new projects to have vapor barriers and/or sub-slab ventilation systems, unless use of the building'S heating, ventilation, and air conditioning (HVAC) system meets the remedial objectives and is implementable on a long-term, ongoing basis. 2. The preferred remedy for all future buildings in the MEW area, according to Alana Lee, is Passive Sub-slab Ventilation with Vapor Barrier (and Ability to Convert to Active), Monitoring. Passive system are usually adequate. 3. For commercial buildings overlying low and high groundwater VOC concentrations, installation of a sub-slab/sub-membrane ventilation system is more reliable and administratively more cost-effective than the long-term operation, maintenance and monitoring of an active indoor air ventilation system. A passive SSV system contains no active mechanical equipment. 4. The SSV remedy works to prevent the entry of VOCs into the building at levels exceeding indoor air cleanup levels for long-term exposure. With this alternative in place, indoor air concentrations would be similar to outdoor air concentrations, and the risks would be similar to those found from breathing outdoor air. The SSV Alternatiy~has-been~demQnstrated~to~~be-highly-effective~in-centreHing~vapoT~ ~~~-~~~~-~~~~~--~~~~--~-~~---~~~~ intrusion in both existing and new buildings, and is therefore ranked as having the highest protectiveness. 5. Post building completion baseline monitoring is required at the location where the highest risk exist, the floor above the foundation slab, to establish the effectiveness of the remedy. No additional long term air monitoring is required but the EPA requires that the individual building owners submit a long term operations plan (for EPAs review and approval) which should have contingencies whereby future indoor air monitoring would be required (such as in the case of large earthquake causing structural damage or post building redevelopment work that breaches the foundation vapor barrier ort SSV. 6. The Table below, from the August 2010 Record of Decision, summarized EPAs response actions for new buildings. Stellar Environmental Solutions, Inc. " hI EPA Table of Response Action Tiering System for Future Commercial and Residentia Buildings in Vapor Intrusion Study Area* Tier Tier A TierB Description Future (new) building on propel1y where lines of evidence (soil gas, sub-slab soil gas, crawlspace) indicate that there is the potential tor vapor intrusion into the new building above indoor air cleanup levels. Future (new) buildings on prope11ies where lines of evidence indicate there is no potential for vapor intrusion into the building exceeding EPA's indoor air cleanup levels. Response Action Implement selected remedy to meet RAOs Perform indoor air sampling after construction to confirm remedial action is effective. Implement governmental and proprietary ICs (see Table 8). Re-categoriz as Tier 2 Existing Building. Perform indoor air sampling after building constructed to confirm that there is no potential vapor intrusion risk and indoor ai cleanup levels are met. If confirmed with EP A approval, then no action is required. * Commercial or multi-family residential buildings constructed with aboveground raised foundations typically would separated from the ground by a parking garage, which would allow adequate ventilation to prevent vapor intrusion int the occupied spaces. For this construction, perform targeted confirmation air sampling after building is constructed to verify absence of preferred pathways into building and to confirm indoor air cleanup levels are met. Site-specific soil screening levels may also be developed. What is currently proposed at Pak Plaza to mitigate against potential VOC vapor intrusion is meets the most protective remedy recommended in the EPA August 2010 record of decision for the MEW area. Also, as has been pointed out before, this site is not within the EPA MEW but is considered a --site~w~ith--muGh-l€-s8~risK-~maximum-conGentrati0ns-0f-TGE-ill~gr()undwate~was-l····1~0~J1g1b~---···--·-~ versus the> 10,000 J!g/L TeE detected at the MEW) and is overseen by the Water Board and not EPA. The current remedy agreement has already exceeded the Water Boards requested remedy actions. Attached is a current MEW map with plume. Indoor air monitoring in floors above the basement appear beyond what would be required at the MEW NPL site. In the event that such a baseline survey is stipulated, it does not seem technically supportable to request additional long term indoor air monitoring unless external events (a major earthquake or fundamental redevelopment for example) occurs. Sincerely, Richard S. Makdisi, P.G. Principal Geochemist Stellar Environmental Solutions, Inc. J{oli6acli ~a{ty Company Limited (Partnersliip ,q 29 Lowery Drive CEIVED SEP 12 2011 Atherton, CA 94027 Tel: (650) 322-8242 Fax: (650) 853-0325 City Council City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 Dear Council Members: September 12, 2011 Re: Park Plaza Project 195 Page Mill Road and 2865 Park Boulevard 'C"tent of PI~;nning & CCriln1Unity Environn~8nt This is the response of Hohbach Realty Company Limited Partnership (HRC) to the appeal of Robert Moss (Moss) to the City Council of the ARB approval of the Park Plaza Project (Project) on July 7,2011. HRC submits that the Moss appeal should not be ren10ved from the Consent Calendar because the Moss appeal is unmeritorious. The Project was initiated in 2003 as a PC Project. HRC thereafter revised the Project not as a PC, but in conformance with the City of Palo Alto zoning. Since the Project required no changes in zoning, only ARB approval was necessary. An application for ARB review was filed on May 15,2005. On September 7, 2006 the ARB approved the Project on a 5 to 0 vote. The City Council approved the Project on November 20, 2006. However, before the final hearing of the City Council approval, City staff unnecessarily amended the MND without re-circulating it and without consulting or advising HRC. Moss filed a Citizens' lawsuit on January 18,2007 against the City and HRC. The trial court in the Citizens' lawsuit ruled against Moss on all alleged grounds, but found that the City had amended the MND without recirculating the MND and required the City to recirculate the MND. The writ signed by the trial court required a timely return on the writ on or before August 31, 2008. To date such a return has not been filed by the City. HRC through many endeavors has assiduously pursued the Project in activities too numerous to describe here. This led to the final ARB approval at the hearing of July 7, 2011. Moss' comments in his appeal, in addition to being without merit, are often inapt, misleading and erroneous. First HRC will address the presence of the HP-Varian plume, known since 1981, which passes under the site. The Water Board in its letter of July 3, 2008 approved the Project with the mitigation measures proposed in the "Site Investigation and Remedy Report" by Stellar Environmental Solutions, Inc. report, in the form of a partial vapor barrier with passive ventilation. Because the City wished to be more conservative, HRC, at a greatly increased final cost, agreed to install a full vapor barrier with active ventilation. Appellant Moss, in his appeal to the City Council has asked for indoor air monitoring in the residential units. Moss, to support his contention, not having any basis in Palo Alto, cites the MEW site in Mountain View, CA (MEW) overseen by EPA, a Federal Agency, because of U.S. Government facilities at the site. The EPA has no jurisdiction over the Hewlett Packard-Varian plume which is under the exclusive jurisdiction of the Regional Water Quality Control Board (Water Board). In addition, each site has its own conditions which have to be evaluated. Thus Moss' citation of the MEWS site is inappropriate. At PTC hearing of August 24, 2011, Moss urged the PTC that EPA criteria for the MEW site be applied to this site with respect to the Hewlett-Packard-Varian plume and that indoor monitoring be required for the residential units. The Park Plaza Project has a full vapor barrier with active ventilation. Any VOC vapors arising from the soil underlying the site would have to penetrate a 5" concrete ground floor, pass through 11' 8" feet of airspace in the underground garage and an 8" concrete slab overlying the underground parking and serving as a floor to the R&D space, pass through 12 'of airspace in the R&D space and then pass through an 8"concrete ceiling for the R&D space before any VOC vapors can enter the air space of the second floor residential units. To enter the air space of the third floor residential units, the VOC vapors would have to pass through an additional 11' 0" feet of air space of the second floor residential units and then through the 2 'i'2" concrete floor of the third floor residential units. Even considering these barriers to VOC vapor migration into the Park Plaza residential units, Moss urged and was able to persuade three PTC members that even more was necessary. Following the PTC meeting of August 24, 2011, applicant contacted its environmental consultant on the Hewlett Packard-Varian plume, Richard Makdisi, President of Stellar Environmental Solutions, Inc. (Stellar Environmental ), as to what it would recommend regarding indoor air sampling of the Park Plaza 2 residential units if it was required. He proposed a one-time monitoring event of all the floors from the garage and above at a time when it is most likely to reveal any vapor intrusion aspects, at completion of the Park Plaza Project. Stellar Environmental also advised that if the results of this one-time monitoring of the residential space show no VOC vapor intrusion on the second and third residential floors and no vapor intrusion into the garage, further indoor air monitoring in the residential floors is unnecessary. Applicant must periodically monitor and sample the air space in the garage and report the results to the Water Board. In the event any of the sampling results show VOC vapor intrusion into the garage, the Water Board can thereafter require indoor air sampling of the residential floors if it believes it is necessary. Applicant is still of the opinion that the provision of a full vapor barrier with active ventilation is more than adequate to prevent VOC vapor intrusion into the Park Plaza Project. However, if the City Council so requests, Applicant agrees to fund a one-time monitoring event. Following concerns expressed by certain PTC members, Applicant has agreed to preclude any tenants occupying the R&D space from engaging in any activities requiring Bio-Safety Levels 2, 3 and 4 as defined by the Federal Center for Disease Contro I in Atlanta, Georgia Moss, in his appeal fails to mention that the GM Zone has no setback requirements. The City agrees that it is precluded from requiring setback requirements based on reference to RM-40 zoning since the site has not been rezoned to RM-40. With respect to Moss' comments on the Project's residential units near Caltrain, cities, including Palo Alto, for years long past have placed multi-family zones adjacent to highways, expressways, bus and truck routes and railways. HRC submits a Project such as Park Plaza is greatly needed in Palo Alto. It provides R&D space with housing to provide a live-work environment which is close to a Caltrain station and bus routes. The Project is within easy walking distance of California Avenue restaurants and a shopping district with numerous stores, including a Mollie Stone grocery store. All of these will help reduce the use of the automobile. Contrary to Moss' statement the R&D is necessary because it reduces the cost of the housing component of the Project. Also, contrary to the assertions of Moss, HRC has never received any building permit for the Project. In summary, HRC submits that Moss' arguments are based on many false premises and therefore do not warrant consideration. " The size of the Park Plaza Project has made possible greatly sought after amenities. One of the most important amenities is a large interior courtyard which shields many of the residential units and the interior courtyard from traffic and train noise. The interior fountain in the courtyard and a large open area are 3 shielded from visitor parking. This large area in the courtyard can be used for dining and entertainment activities of the tenants and residents. Also, the Project makes possible an elevated swimming pool which has maximum exposure to the sun. In short, HRC believes this is a good project for Palo Alto and that Moss' appeal should not be moved off of the Consent Calendar. Very truly yours, Hohbach Realty Company Limited Partnership Hohbach Enterprises, Inc., General Partner By: :2Loc r~ Harold C. Hohbach, President 4 Minor, Beth From: Bob Moss [bmoss33@att.netJ Sent: Tuesday, September 13, 2011 10:50 PM To: Council, City; Williams, Curtis Subject: Background on 195 Page Mill Projects Background on 195 Page Mill Projects ChTY OF PALO ALTO. CA CIlY Ct EilK'S OEflGE 11 SEP 14 An 8: 41 Page 1 of3 Only Councilman Klein was on the council when this project first was heard by the Council and approved on a 5-4 vote in Dec. 2006. There is a lot of history on it that you all should be aware of. The project that was approved by the ARB on a 3-2 vote is almost identical to that which was submitted in 2005 and overturned by the court in 2007 after my lawsuit. The only differences are some more bedrooms, but the same number of total apartments, and the housing is condos although they will be rentals for an indefinite period. When the project was proposed before it was all rentals. That was a major reason that Peter Drekmeier voted for it. Several months after the project was approved and while the suit was in court Harold Hohbach applied for a condo map for both the R&D and residential units, claiming that it was always his intention for the housing to be condos. The application got as far as the Planning Commission which rejected condos on a 3-3-1 vote. Several councilmembers expressed serious objections to the condo conversion in conversations, and the conversion request was dropped. While Hohbach may have always wanted condos he carefully concealed that fact until after the project was approved. See below, email messages to and from Judith Wasserman. From: "Judith Wasserman" <jwarqiteq@aol.com> To: "Bob Moss" <Bobgmoss@comcast.net> Cc: "Russ Reich" <Russ.Reich@CityofPaloAlto.org>; "French Amy" <amy.french@cityofpaloalto.org> Subject: Re: Letter from Hohbach re 195 Page Mill Date: Wednesday, August 01, 2007 2:01 PM Bob - If there was a letter, I don't remember it. I remember the project as a rental project, which also figured into our thinking. Any letter would have been in our packet, so I have forwarded this letter to Russ (our current liaison) and Amy, who was probably the liaison at the time. It would be in the staff files. Judith On Aug 1, 2007, at 11:27 AM, Bob Moss wrote: > > Subject: Letter from Hohbach re 195 Page Mill > > Judith; > The more we dig into the entire matter of the 195 Page Mill Rd. > project the stranger it gets. One issue that came up in May was > the request from Hohbach to combine the lots so that he could > subdivide both the R&D space and the apartments into condos. As > evidence that he always wanted condos, he sent the Planning > Commission a letter on June 13 with a letter attached dated May 12, > 2005 addressed to you as ARB chair and the other members of the > ARB. That May 12 letter says on the second page "Although it is > planned to map the project as a condominium for-sale project there 911412011 > is still hope that it is possible to build the project as a rental > project." On May 13 Hohbach sent another letter to the ARB about > the project that says nothing about condos. That May 13, 2005 > letter was included in both the ARB packet and the file forwarded > to the Council. When he presented the project to the ARB and > Council he insisted they were rentals, and that swayed at least one > councilmember to approve it. > > As part of our lawsuit to overturn approval of the project we asked > for all documents in the city's possession relating to the site and > any projects or proposals for development of the site. We got over > 2200 pages of documents, but the May 12, 2005 letter to you and the > ARB was missing. I doubt that you or staff lost the May 12 letter, > but I wanted to confirm whether or not you ever got such a letter, > or can recall getting it. Staff may have mislaid it, but I am > doubtful that our staff was so careless. Page 2 of3 After I filed my lawsuit there was a negotiating session with me, Hohbach, and Melissa Trouquet ofthe city attorney's office, among others, to try to come to an agreement that would negate the need for a lawsuit. Hohbach offered to reduce the size of the project and the total number of housing units from 84 to 80 by dropping 4 of the BMR units. Of course he offered 17 BMR units, up from the city requirement of 15% or 13 units, in order to justify 2 concessions that violated the Zoning Ordinance and Comprehensive Plan. Dropping 4 BMR units would void the second concession, but he wanted to keep it. We and Melissa said that was not acceptable and no deal was struck. During the court hearing Judge Nichols issued an order that none of the existing buildings on the site were to be removed, andno work or construction was to be done on the site until his ruling was issued. All ofthe buildings were demolished in July and August 2007 while the case was pending and before his ruling in September. Shortly afterwards a contractor moved a trailer and many trucks and construction equipment onto the site, dumped piles of sand and gravel at the rear of the property, and used it as an office and construction site for work done on and near California Ave. When informed of this Melissa Tronquet immediately visited the site, verified that these actions violated Judge Nichols order, and sent a strong letter of protest to Harold Hohbach and his lawyer objecting to these violations of Judge Nichols order. They ignored her letter and no further action was taken. The site continues to be used for managing construction projects in the area with equipment and an office trailer present. Monitoring well F145AiU and F59AlU are a few feet behind the rear property line. Both of them were covered by the pile of sand dumped at the rear of the site in 2007, so they could not be tested and sampled for several years. The current application is for residential condos and a single R&D space. The residential units would be rented as long as Harold Hohbach lives. However after his death his heirs could convert the rentals to condos at once. After condo conversion what happens to the occupants of the BMR units? It is very unlikely they will be able to buy their homes as condos, so where will they go, who will replace them, under what conditions, and when? The comprehensive Plan allowed housing in the GM zone from the time the zoning was modernized in 1978. In the 28 years from 1978 to 2006 nobody ever made any attempts to put housing in the GM zone. On a few occasions' staff or councilmembers asked developers of projects in the GM zone if they would consider including housing, and the developers always refused. In summer of 2006 the code was revised to remove housing from GM zones and change what types of manufacturing uses were allowed. When the last application was heard by the Council in November 2006 the allowed uses in the GM zone prohibited housing. Councilmember Mossar asked Harold Hohbach if he wanted to have his application grandfathered so that housing was allowed since the application was filed before the zone change. He refused, because the new GM zone allows R&D where the old one greatly restricted R&D. This refusal meant that requesting housing in the GM zone would violate the 911412011 Page 3 of3 Comprehensive Plan and Zoning Ordinance, thus the need for him to fall back on GC 65915 and claim a concession for offering 10% BMR units, a smaller percentage than the 15% that is required under our municipal code. 195 Page Mill Rd. is in the COE extension ofthe Superfund site at 640 Page Mill Rd. and 601 California. The Water Board has oversight of any construction or development at the site, hopefully to assure that new construction does not create health hazards for site occupants. Unfortunately the Water Board requirements and oversight are much looser than those of EPA in Mountain View. When this project was requested in 2005- 2006 the Water Board took note of the presence of the carcinogen TCE in the groundwater and agreed that some kind of mitigation is needed to prevent TCE fumes from entering the new building. The mitigation required by the Water Board was for vapor barriers only under elevator shafts and stairs, not the normal full vapor barriers. Every organization and expert that I asked about use of partial vapor barriers agreed that it was totally inadequate to protect against vapor intrusion. Our staff added a requirement for full vapor barriers and sub-slab ventilation, agreeing that the partial vapor barriers were inadequate. When this issue was discussed with the Water Board several years later the Water Board noted that the project at 195 Page Mill requires full vapor barriers, so hazard mitigation and prevention was adequate, never acknowledging that the vapor barrier system at 195 Page Mill was the result of planning staff directives, not anything the Water Board did or said. This is just some of the background on this project, going back 6 years. The proposal has been controversial. It still is. Yours sincerely, Bob Moss 9/14/2011 Herb Borock P. O. Box 632 Palo Alto l CA 94302 September 141 2011 Palo Alto City Council 250 Hamilton Avenue Palo Alto l CA 94301 SEPTEMBER 19, 2011, CITY COUNCIL MEETING cln' OF PALO A .. ,LJO . C.··. " CITY CLERIrS 9J'"gt II SfP I 4 PM 12: f , 195 PAGE MILL ROAD (08PLN-00295 AND 10PLN-00344) Dear City Council: I urge you to: 1. Uphold the appeal and deny the application for Design Approval for the project. 2. Deny the application for a Tentative Map for the project. 3. Reject the proposed Record of Land Use Action. 4. Deny the proposed Mitigated Negative Declaration and require an Environmental Impact Report for the project. 5. Deny the request to use any concessions or housing density bonus pursuant to Government Code section 65915. Any approval of the application for Design Approval I the application for a Tentative Map, the proposed Mitigated Negative Declaration l the proposed Record of Land use Action, or the request to use any concessions or housing density bonus pursuant to Government Code section 65915 would constitute a prejudicial abuse of discretion and a violation of the California Environmental Quality Act (CEQA). LEGAL HISTORY Approval by the Council in December 2006 of a prior project on this site was set aside by order of the court in Santa Clara County Superior Court case 1-07-CV-078386. The CitYI pursuant to Court order and CEQA, used its discretion and determined to implement the Court's order setting aside the Council's approval of the prior project by requiring the applicant to submit a new application to develop the subject property. Despite repeated legal attempts by the property owner to prevent the June 5, 2000. 3. APN 132-32-003 (195 Page Mill Road) acquired March 29, 2004. 4. APN 132-32-005 (2901 Park Boulevard) acquired September 14, 2005. All of the above dates are the dates the deeds were signed by the former owners as shown on the deeds recorded in the Santa Clara County Recorder's Office. The City of Palo Alto issued a Certificate of Compliance dated September 1, 2005, to create the parcels shown on the second map that reflects a trade of property between the owner of the subject property (APN 132-32-054 on the second map) and the owner of 3045 Park boulevard (APN 132-32-051 on the first map and APN 132-32-053 on the second map). The Certificate of Compliance was recorded on November 15, 2005. HOUSING INVENTORY SITES The Palo Alto Comprehensive Plan includes a list of Housing Inventory Sites that show properties on which housing may be developed pursuant to Government Code section 65915, notwithstanding the fact that a particular property may be zoned to prohibit housing. The list of Housing Inventory Sites was adopted by the Council in December 2002, after the acquisition of parcels 132-32-004 and 132- 32-050. Parcels 132-32-003 and 132-32-005 were acquired after the list of Housing Inventory Sites was adopted by the Council. Only parcels 132-32-003 (195 Page Mill Road) and 132-32-004 (2865- 2891 Park Boulevard) are included in Housing Opportunity Site #8-11, as shown on the attached list of Housing Inventory Sites and the attached map of Housing Opportunity Site #8-11. Parcel 132-32-050, the L-Shaped Southern Pacific parcel was never on the list of Housing Inventory Sites, although it had been acquired before the Council adopted the list. Parcel 132-32-005 (2091 Park Boulevard) was not on the list of Housing Inventory Sites adopted in December 2002 when it was acquired in September 2005. Changing the ownership of parcel 132-32-005 (2091 Park Boulevard) did not change its status on the list of Housing Inventory Sites. The parcel was not on the list the day before it was acquired, and it was not on the list the day after it was acquired. As described above, only about 1.56 acres of the 2.41 acres of the subject property are entitled to have housing because, although the property's zone district of GM prohibits housing, the list of Housing Inventory Sites includes the 1.56 acre portion of the subject property but does not include the remaining portion of the property. Therefore, the application violates Section 65915, the Palo Alto Zoning Ordinance, and the Palo Alto Comprehensive Plan by including housing on approximately 0.85 acres on which housing is prohibited by Section 65915, the Zoning Ordinance, and the Comprehensive Plan. Thus, the applicant is not entitled to any density bonus or concessions, and the project must be rejected. When an applicant seeks to take advantage of Section 65915 for a housing development, the applicant must agree to keep a certain percentage of the proposed housing affordable as described in Section 65915(c), a copy of which is attached to this letter. Specifically, when the applicant proposes to use affordable rental housing as the benefit required to receive the entitlement of concessions or density bonus, the applicant must agree to keep the housing as rental housing for at least 30 years, or in the case of Palo Alto 59 years as defined in Comprehensive Plan's Policies and Programs for its Below Market Rate program. The applicant for this project has repeatedly refused to keep the affordable housing as rental housing. For example, see Attachment B to the August 24, 2011, staff report to the Planning and Transportation Commission, consisting of a two-page~ letter from the applicant's attorney James R. Janz dated August 10, 2011, and a one-page letter from the applicant's principal Harold C. Hohbach dated July 13, 2011, copies of which are attached to this letter. In his July 13, 2011, letter, Hohbach says the applicant "shall have the right at any time in the future to convert the 84 residential units to condominiums". Therefore, the application violates Section 65915, the Palo Alto zoning Ordinance, and the Palo Alto Comprehensive Plan by including the right to convert the affordable rental housing to condominiums at any time, when Section 65915, the Zoning Ordinance, and the Comprehensive Plan require the affordable rental housing to remain rental housing for 59 years. Thus, the applicant is not entitled to any density bonus or concessions, and the project must be rejected. CONCESSION FOR MIXED USE The purpose of the concession for mixed use in Government Code section 65915 is make a housing project financially feasible by allowing both nonresidential use and residential use on the same property when the City's zoning ordinance and Comprehensive Plan allow housing on the property. The rationale for the mixed use concession is that the more financially profitable nonresidential use would make it possible to build the otherwise less financially profitable residential use. In the current project, housing is prohibited on approximately 0.85 acres of the property, because the property's GM zoning prohibits housing and the 0.85 acres is not included in the Comprehensive Plan's list of Housing Inventory Sites. The applicant proposes using the mixed use concession provided by Section 65915 to add housing to the 0.85 acres that prohibit housing because, the applicant claims, that would improve the financial results of the project. The applicant's proposal for that use of the mixed use concession is absurd and creates mischief. Standard rules of statutory construction prohibit interpretations of statutes that create mischief and lead to absurd results. The applicant is prohibited from a housing use on the 0.85 acres of the site under the current zoning and, therefore, is prohibited from taking advantage of Section 65915 and its mixed use concession. BELOW MARKET RATE AGREEMENT After the prior application for this project was approved by the Council in December 2006, the Director of Planning ~nd Community Environment Steve Emslie signed a BMR Letter Agreement with the applicant in January 2007 that was referred to in the June 2007 staff report to the Planning and Transportation Commission for approval of the Tentative Map for the project. Senior Deputy City Attorney Donald Larkin told the Commission in June 2007 that the City Attorney's office had not yet seen the proposed binding BMR Agreement, although Larkin was the first person listed as receiving a copy five months earlier of the BMR Letter Agreement that Larkin referred to as a "Letter of Intent". That BMR Letter of Intent permitted the applicant to violate Government Code section 65915 by converting affordable low-income and very-low-income rental units to moderate income for-sale condominium units. The applicant and the City staff have refused to include as part of the current application a copy of either (1) the Below Market Rate (BMR) Letter of Intent between the applicant and the City, or (2) the binding BMR Agreement between the City and the applicant. Omitted from the discussion before the Commission was the fact that the BMR Agreement is also the method used to implement the requirement of Government Code section 65915(c) that the applicant agree to maintain the affordability of the rental units covered by ~the BMR Agreement for 59 years. Standard rules of statutory interpretation when applied to Section 65915(c) would require the applicant, as part of the application, to agree to keep the rental units affordable for 59 years, rather than omit that crucial segment of the project from the project definition the Council saw when it approved the prior project in December 2006, and rather than omit that crucial segment of the project from the current project that is now before you. Now that there is a history that the public could obtain a copy of the BMR Letter of Intent if it is signed before the Tentative Map is before the Planning and Transportation Commission (even when it is not included in the Commission's agenda packet as it was not in 2007), this time in 2011 there is not even a BMR Letter of Intent available for the current project. The attached 14-page BMR Letter of Intent dated January 17, 2007 [revised February 2, 2007], provides substantial evidence that the Council can not rely upon staff to produce a BMR Agreement that complies with Government Code section 65915 after the Council has already given its approval for a project that requires as part of the application a BMR Agreement that complies with section 65915(c). Also attached to this letter is: 1. Assistant City Manager Emily Harrison's transmittal of a July 7, 2007, email question from Council Member Peter Drekmeier about the project's switch from rental units approved by the Council to for-sale condominium units. 2. Page 22 of the Council minutes of July 7, 2007, where Council Member Drekmeier said his prior approval of the project (on a 5 to 4 vote) was for apartment units, not for condominium units. 3. My July 3, 2007, letter to the Council about the switch from low-income and very-low-income rental units to condominium units. 4. My June 13, 2007, letter to the Planning and Transportation Commission about the switch from low-income and very-Iow-income rental units to condominium units. All of the above information is incorporated in this letter by reference to provide substantial evidence why you should reject the application for a Tentative Map and require the applicant to agree prior to project approval to maintain the affordability of the rental units as described in Government Code section 65915(c). If for any reason you believe you can approve the project as presented with a Mitigated Negative Declaration (MND) , then the MND must be amended to include a mitigation measure that tracks the language of Section 65915(c), with the insertion of the City's Comprehensive Plan requirement for a 59-year rental term, to ensure that staff and applicant sign a binding BMR Agreement that complies with the law. ALTERNATIVE ZONE DISTRICTS TO ACHIEVE APPLICANT'S OBJECTIVE The applicant alleges that the whole purpose of the project is to build housing, and that the nonresidential portions of the project are needed to facilitate the housing project. I However, the applicant is prohibited from building housing on a portion of the site under the current zoning and, therefore, is prohibited from using Government Code section 65915 for that portion of the site. The applicant's objective of building housing on the site can be achieved by rezoning the site to RM-40, PTOD, or PC. RM-40 zoning would permit the housing development, but would not allow the nonresidential uses. PTOD zoning would permit the housing development, and at least some of the gross floor area of the nonresidential uses. PC zoning would permit the exact design and uses that the applicant wants in exchange for substantial public benefits on the site. ENVIRONMENTAL IMPACT REPORT REQUIRED Bob Moss has presented a fair argument based on substantial evidence consisting of facts, reasonable assumptions based on facts, and expert opinion that the proposed project has a Potentially Significant Impact on the environment regarding hazardous wastes that the applicant has refused to agree to mitigate to a sufficient degree to reduce the impact to less than significant. g( to The regulations for the California Environmental Quality Act (CEQA) require that an EIR be prepared when there is a fair argument that a project may have a significant effect on the environment even when there is other evidence that the project will not have such an effect. (See attached copy of CEQA Guidelines, Section 15064 (f) (1) and 15064 (g) .) Thank you for your consideration of these comments. Sincerely, fro.. .. ~ ... ~'~ .. - Herb Borock Attachments: 1. First Map, APNs 132-32-003, -004, -005, -050, and -051. 2. Second Map, APNs 132-32-053 and -054. 3. List of Housing Inventory Sites (2 pages). 4. Map of Housing Opportunity Site #8-11. 5. Location Map of project site. 6. Planner Clare Campbell email thread of April 27, 2006 (3 pages) . 7. Senior Planner Christopher Riordan staff report to Architectural Review Board of September 7, 2006 (5 pages). 8. Government Code section 65915(c). 9. Attachment B to August 24, 2011, staff report to Planning and Transportation Commission (3 pages) . 10. January 17, 2007 (revised February 12, 2007) BMR Letter Agreement ("Letter of Intent") (14 pages) . 11. Emily Harrison transmittal of Peter Drekmeier July 6, 2007, email. 12. City Council minutes, July 9, 2007, page 22. 13. Herb Borock July 3, 2007, letter to Palo Alto City Council (3 pages) :;-~----.. - Site No. 5-01 5-06 5-21 5-28 5-30 5-31 8-06 8- 09(a) 8- 09(b) 8-11 10-02 12-01 Attachment B Palo Alto Comprehensive Plan Chapter 4: Housing Element 4(~ a.1 Pf I S'(t& ~J.­ .q...,-f4 .. -c'....,L.....-.;t-A Housing Sites Inventory Site Address Description Existing Zoning Bryant, Channing & Oak Court AMF Ramona (SOFA affordable housing) 800 High St. Peninsula . CD-S(P) Creamery site 657-663 Alma St. Former Craft CD-C(P) (north corner of and Floral CD-S(P) Alma st. and Forest building Ave.) 33, 39 & 45 Encina Proposed CS Ave. near El Camino Opportunity Real Center 841 Alma St. Power PF substation 901-925 High St. Auto CD-S(P) storage/parkin g 2650 Birch St. at 2 vacant lots RM-40 Sheridan Ave. . and 4 houses 2701 El Camino Former RM-40,CN Real Greenworld Nursery 2755 El Canlino VTAPark& PF Real Ride Lot E. side Sheridan Underutilized GM(B) Ave. btwn. SPRR industrial and Park Blvd. bldgs.; portion of Page Mill Rd. r.o.w. 901 San Antonio Rd. Former Sun GM Microsystems/ Future JCC 4102 El Camino Former RM-30 Real at Vista Blockbusters Proposed Zoning AMF PC pending (61 units requested) Mixed Use PC pending (90 Uliits requested) TBD Mixed Use (Applicatio n pending for 12 units) RM-40 RM-40 or Mixed Use RM-40 RM~40 Mixed Use RM-30 Site Size in Acres 1.23 0.96 0,48 0,43 0.36 0,46 0.57 0.98 0,48 3.92 6.5 k-o C£M.1l.. tf;' f.I ;{)2. . (~~\L,~~) Minimum Dwelling Unit Yield * 53 26 10 90 10 10 15 30 15 120 200 acres of 12,92 acre site 0.65 9 Page 15 of 39 12-06 12-07 12-09 12-11 Total Palo Alto Comprebensive Plan Chapter 4: Housing Element 4219 El Camino Hyatt Rickey's CS(H) CS(H) 7.5 120 Real Hotel (Applicatio acres of n pending 15.98 for 302 acre units) site 4249 El Camino Elk's Lodge RM-30, RM-30, 8.08 97 Real RM-15, R-RM-15, R-l 1 4146 El Camino Vacant RM-15 RM-15 0.77 5 Real 3445 Alma St. Alma·Plaza PC PC pending 1 acre 8 (10 units of 4.21 requested) acre site 818 *New state legislation (AB2292) requires compensating changes in the inventory if fewer units are permitted on a site. A larger number of units may be approved on any site when consistent ypith the Comprehensive Plan, zoning and state law. Page 16 of 39 Page 1 of1 Campbell, Clare From: Campbell, Clare Sent: Thursday, April 27, 2006 11:43 AM To: Caporgno, Julie; Williams, Curtis; French, Amy; Larkin, Donald; Riordan, Chris Subject: 195 Page Mill-Housing site Chris may have already pointed this out, but the items below were identified in a staff conversation yesterday. ,--------" ----~-,--.- Background Site 1 represents Hobach's entire project site (104,971 sf). Only the two parcels on the left (not 2901 Park) are one the housing list. These two parcels total 68,004 sf. The comp plan shows development fO:fthis site with RM-40 . . , and using the density calculation, I came up with 63.7 units total for these two parcels. Housing should only go the housing site parcels: 68,004 sf= 63 units with RM-40 The remainder, 36,967 sf, must use standard GM zoning to develop, unless he PC's it. 4/27/2006 1229 Riordan, Chris From: Sent: To: Cc: Subject: Campbell, Clare Thursday, April 27, 20062:41 PM Williams, Curtis Caporgno, Julie; French, Amy; Larkin, Donald; Riordan, Chris RE: 195 Page Mill-Housing site I think you are right, although proposed zoning is RM-40, the estimated number of units is close to 30 du/ac. The table refers to "minimum dwelling unit yield" in conjunction with the 30 dulac number. If that is just the minimum number required, can Hohbach use the "proposed" RM-40 standards to get more? And could the city argue that RM-40 should be used as the baseline for the overall development standards since the comp plan calls it out? With the straight 30 du/ac calculation, the number of units is reduced to 46.8 (instead of the 63.7 units with RM-40 standards). -----Original Message----- From: Williams, Curtis Sent: Thursday, April 27, 2006 1:54 PM To: Campbell, Clare Cc: Caporgno, Julie; French, Amy; Larkin, Donald; Riordan, Chris Subject: RE: 195 Page Mill-Housing site Clare - This may be more of a question for Julie, but I believe the housing estimates were based on 30 units per acre, not 40 (although the zoning was recommended at RM-40). That's relevant in case we are discussing what the Housing Element target number is that the applicant may claim a "right" to develop. You might check with Julie about that. Thanks. Curtis . -----Original Message----- From: Campbell, Clare Sent: Thu 04/27/2006 11:43 AM To: Caporgno, Julie; Williams, Curtis; French, Amy; Larkin, Donald; Riordan, Chris Subject: 195 Page Mill-Housing site Chris may have already pointed this out, but the items below were identified in a staff conversation yesterday. Background Site 1 represents Hobach's entire project site (104,971 sf). Only the two parcels on the left (not 2901 Park) are one the housing list. These two parcels total 68,004 sf. The comp plan shows development for this site with RM-40, and using the density calculation, I carne up with 63.7 units total for these two parcels. Housing should only go the housing site parcels: 68,004 sf = 63 units with RM-40 The remainder, 36,967 sf, must use standard GM zoning to deVelop, unless he PC's it. 1 1230 ~.: . \ ,"' . 1 "~"'~""'I-"':" .r... : '. '. " 'f \ /"' ' ~. ~!."t. . , !}: '" .:';t.-·.;.:" .. ~. . . ~ , . The subject property is approximately 2.5 acres' in ~ize, composed of'three lots fronting Park Boulevard and Page Mill Road, recently adjusted in configuration by a lot line ~djustment' as depicted on the develop~ent plans (the curved lot,line separating2091 and 3045 ParkBoulevard was straightened). The site is improved with vacant buildings of corrugated metal and concrete. , , The project includes reque~ts for Design Enhancement Exceptions (DEE's) from the GM' Zone development standards. Full descriptions of the requested exceptions are discussed inthe June I, 2,006 ARfl staff report (Attachment J). . Previ:ous' ArChitectural Review Board Hemng , ' TheARBnids(recentlyreviewed this major ARB application dUrlngajmblichearingon June 1, , 200~ .. · The Hoard continuedthereview ·to a date uncertain (3-2~0~O), to allow the applicant an opportunity to revise the submittal package and respond to vanous issues raised by the A.R.B; and for staff to better determine compliance with zoning requirements. The following items summarize the key design comments/concerns expressed by the ARB during the hearing:, , • Explore options to increase the number of windows and architectural differentiation of the building elevation that fates the railroad tracks. ,., Provide colored renderings ofthebuilding elevations; • , Submit details and samples .of fue exterior materials. . • Consider architectural soluii!Jns to, enhance the appearance and improve the articulation of the lower level of the Park Boulevard and Page Mill Road comer. of the building .. • Submit an illustrative colored landscaped site plan of the proposed landscaping along Park Boulevard . . ' • ' : The landscaping of the cotirtyard could be' improved . with a better ,lise of the. space to provide amenities to the various occupants of the building. • The amount of daylight entering the rear interior corridors could be increased. ' • The architecture of the building does not relate well to the surrounding environment. The project'should enhance the pedestrian experience along Park Boulevard . • , The Research and Development (R&D)' space on the ground floor with two levels of residential uses above would limit the types of possible R&D uses. 'Conflicts may arise with ducting and exhaust shafts for the R&D· spaces. • .'A, photometric drawing should be submitted that depicts an increased use of exterior lighting. , • Noise from passing trains could be an impact on the residential units on the sides of the project as well as those facing the interior courtyard. The applicant has submitted a written description (Attachment E) responding to the ARB's comments. The revised project plans include additional, building details and colored renderings of the· building. An updated exterior colors and materials board will be available for board review during the meeting. " 05PLN-00175 (J 95 Page Mill Road, 2825, 2865, 2873, 2891 & 2901 Park Boulevard) Zoning Compliance The proposed project does not comply with zoning requirements for the GM zone, since residential(including mixed use) is not allowed in the OM zone. Also, the maximum allowable FAR in the GM zon~ is 0.5,as compared to the 1.5 F~proposed~ The applicant has argued that 'housing must be allowed on the site, since it is designated as a Housing Opportunity Site in the City's Housing Element. While this is accurate, thery Rre currently no standards for allowing . mixed use in the GM zone. Attachment F compares the proposed project to the standards in effect (using the RM-30 zone for the residential'component) for mixed use in the GM zone prior to . Council action to delete residential uses in October of 2005. There are still numeroils areas of noncompliance with zoning under that scenario. Staff has recommended that .the applicant revise the project to comply with the Pedestrian and TransIt Oriented Development (PTOD) Combining . District. criteria,which'· would accommodate the residential. density, . but would reduce the non- residential portion of the project by half. Attachment G compares the project to the standards '. ,adopted by the Council for the PTOD zoning. · Housing Sites Inventory and Housing Law The Housing Element of the Palo Alto Comprehensive Plan includes a Housing Sites Inventory identifying potential housing sites most suitable and likely to be developed for residential purposes; Included on this list is a 3.92 acre site, which includes the portion of Page Mill Road . north of Park Boulevard, and a portioiiofthe subject property (Attachnient B). The anticipated zoning of these parcels is RM -40 with a minimum dwel1in~ unit yield of 120 units. On October 11, 2005, the City Council passed a resolution removing all housing .'ls.a pennitted ··0' . use in the General Manufacturing (GM) zone district. However, because these sites had been identified previously in the Housing Element as housing sites, the City is ,obligated to pennit housing on them .. The applicant's .project includes three parcels, 19'5 Page Mill· Road· (APN# 132-32-003), · 282512865/2873/2891 Park Boulevard (APN#·132-32-004) and 2901 Park Boulevard (APN# 132- • 32-005)for a total of2.41 acres. Ofthese three parcels, the approximately ;81 acre parcel at 2901 Park Boulevard is not on the Housing Sites Inventory. It is unclear whether housing would be allowed on this portion of the site, but staffbelieves that it may be appropriate based on an earlier (2004) City-initiated rezoning to RM-40, which was never adopted. The remaining two parcels that are on the Housing Sites Inventory List are a total of approximately 1.56 acres which would · yield 62 dwelling units under RM-40 zoning regulations. Senate Bill 1818 amended the State density bonus program and became effective on January 1, 2005. The relatively new law requires cities.to offer incentives or concessions to encourage the construction of affordable housing· (allowances for mixed use, increased FAR or ·height, reductions in parking, setbacks, open space, etc.) based on the percentage of affordable units in a development. The law specifies that: 05PLN-OOI75 (195 Page Mill Road, 2825, 2865, 2873, 2891 & 2901 Park Boulevard) : . . . . .' . . '. . . • One. incentive or concession i~ to b~ granted' for. projects. with at . least 10 percent of the total units for i()wer income households; ..' . . '. '. .' . • Two. incentiv,es or concessions.are t(l be granted for projects t~~t include at least 20 percent of the total units for lower income househ(llds; • Thr~e incentives or concessions are to begi-anted for projects that include at least 30 perc'ent of the total units for lower income household~·.·· ' .. , .' . '" . .. . The pr()ject would include 17% of the total. nUmber of residential .units as below market rate (BMR).~nits. Theapplicant.may b~ eligible for o~e 'concessi~I1 based on the number of affordable housing units proposed. The CitY of.Palo Alto (as well'as most cities)~ however~ has not adopteda' pollcy or' program to ident:ify what concessions' or incentives are appropriate and:. the level of discretion'availaple to the cIty upon review. The applicanCs reque~t fot co:tic~ssion.s· underSB 18.18. is not,in staffs e~timation, sufficient to support th~ project under' SB' 1818, 'partiCularly since at least'two concessions (mixed use, FAR, andsetbacks/daylight'plane exceptions) would be .. needed; SB 1818 also allows a city to require financiahnfotnlation and analysisto demonstrate that the concessions are needed to provide for the affordable units; The. applicant has provided an . aIuilysis that staff considers inadequate, lacking speCific comparable costs· and revenues, as well as a capitalizedincome/loss stream. Staff believes that no project should be approved under SB 1818 until a Council policy is' adopted regarding how the City interprets the legishitioll or .at least without the Coundl's review of the project. .. . PedestiiaJi Transit Oriented District (PTOD). . .' OnJuly 24,2006, the CItY'Council adopted on first reading the recommended PTODcombining distiict~ and .criteria for context-based design. Second reading or'the ordinance. is scheduled for . September 11, 2006, and the ordinance would then becom~ effective on October 11; 2006. Also 011 September 11, 2006, staff willreqtiest that the City Co~ci1 initiatePTOD zoning for the . . . . '. subject property. The' Planning and Transportation Conimission and the City Council will consider the rezoning at an undetermined meeting date. ATTACHMENTS' Attachment A: Attachment B: Attachment c: Attachm.ent D: . Attachment E: Attachment F: . Attachment G: Attachment H: Attachment I: . Attachment J: . Draft ARB and DEE Findings for Denial. Housing Opportunity Site #8-11. Map of Subject Property. Letter from the applicant, dated August 14, 2006. AppliCant's Revised Project Description, dated August 30, 2006. . . Project's conf~rmance with GM and RM-30 District Regulations (prepared by staff). Project's conformance with the Califorriia Avenue PTOD (prepared by staff). Context-Based Design Criteria for PTOD Zoning. Major ARB Staff report dated June 1,2006 (without attachments). Site Section (prepared by applicant, ARB members only). 05PLN-OOI75 (195 Page Mi11 Road,2825, 2865, 2873, 2891 & 29.01 Park Boulevard) Attachment K: Pictoria.lexhibit of pioject as viewed from Emerson Street (prepared by applicant, ARB members only) . . Attachment L: Development Plans and colored renderings (ARB members only). COURTESY CO:PIES .. Court House Plaza Company Hoover Associates Suzanne BayleY,.Emerson Street Neighborhood. P.repared>By: Christopher Alan Riordan, AICP, Senior Planner Manager Review: Amy French, AICP' Acting Manager of Current Planning rtf 05PLN-OOI75 (195 Page Mill Road, 2825, 2865, 2873,2891 & 2901 Park Boulevard) GOVERNMENT CODE SECTION 65915{c) 65915. (c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mo~tgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. (2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The local government shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement: (A) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy, as defined in subparagraph (B), and its proportionate share of appreciation, as defined in subparagraph (C), which amount shal~ be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership. (B) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (C) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale. City of Palo Alto HOHBACH REALTY COMPANY LIMITED PARTNERSHIP 29 Lowery Drive Atherton, CA 94027 Tel: 650-322-8242 Fax: 650-853-0325 July 13, 2011 Department of Planning and Community Environment 285 Hamilton Ave .. Palo Alto, CA 94301 Attn: Amy French, Current Planning Manager Dear Ms. French: Re: Park Plaza Tentative Map . By the "Tentative map for 'Park Plaza' for R&D purposes and residential condominium purposes," the OWner of Park Plaza, Hohbach Realty Company Limited Partnership or its successor (HRC) shall have the right at any time in the future to convert the 84 residential units to condominiums by appropriate documentation. ·By this documentation HRC would be able to retain the R&D space free of the residential condominiums subject however to the needs of the 84 condominium units. Very truly yours, Hohbach Realty Company Limited Partnership Hohbach Enterprises, Inc., General Partner Bv:,fiLLC ~ Harold C. Hohbach, President Harold c. Hohbach Court House Plaza Company 29 Lowery Drive Atherton, CA 94027 .~~ty2!_~~Qb1:!9 Department of Planning and Community Environment January 17,2007 [Minor Revisions 2-12-07J ORIGINAL Subject: Below Market Rate (BMR) Agreement for Mixed-Use Project with 84 Residential Units at 195 Page Mill Road / 2865 Park Blvd., Palo Alto 05PLN-00000-00281; APNs: 132-32-003, -004, -005, and -050 Dear Mr. Hohbach: This letter summarizes the agreement between you as the owner and applicant (the "Owner") and the Department of Planning and Community Environment Planning (the "City") regarding satisfaction of the provisions of the City of Palo Alto's Below Market Rate (BMR) Program for the proposed 84-unit, mixed-use development (the "Project") at 195 Page Mill Road & 2865 Park Boulevard, Palo Alto. The BMR program requirements are contained in Program H-36 of the Comprehensive Plan (Chapter 4 -Housing). The standard BMR requirement for a project of this size and type would be that fifteen (15) percent, or 13 units of the total 84 units, be provided as BMR units. However, in its approval of the Project on November 20, 2006 and adoption of the 2006-10 Record of Land Use Action on December 11, 2006, the City Council required a twenty (20) percent BMR component, which equals a total of 17 BMR units and approved two zoning concessions (mixed use and floor area ratio). You and Planning Division staff have discussed and negotiated the terms of this agreement, and your signature(s) on this letter agreement confirms that you agree to these provisions. This agreement will be included in the conditions of appt6valfor the project arid its tenns will also be incorporated into the subdivision agreement for the project's condominium map. The 2.41 acre site (104,971 net square feet) is currently zoned GM and is composed of four parcels, which currently contain 50,468 square feet of older warehouse / industrial buildings, which will be demolished to construct the Project. The Project is a 3-story structure that includes: -50,468 square feet of new research and development space on the ground floor; -84 housing units on the 2nd and 3rd floors, with 85,992 square feet of interior living space in the residential units; and -A one-level underground parking garage with 274 spaces and 19 additional grade level spaces plus 9 potential parking spaces in landscape reserve. Pr;ntpn with .<:'("ou_h~,;:,M ink<;. iln 100% rprvrlpcl n.qnpr nTnc:~!';~ed without chlorine 250 Hamilton Avenue p.D. Box 10250 Palo Alto, CA 94303 650.329.2441 650.329.2154 195 Page Mill Rd BMR Agreement January 17, 2007 Page 2 of 14 In addition to Architectural Review Board (ARB) approval, a subdivision map and agreement will be necessary. You have stated that you intend to rent the 84 units on an indefinite basis, but plan to secure the City's approval of acondominium map to pennit the residential units to be sold separately as condominiums in the future. Therefore, this agreement covers both the operation of the units as rental housing and the sale of the BMR units, when and if the condo conversion occurs, as BMR ownership housing. Application of Commercial Housing In-lieu Fee per Chapter 16.47 of the Municipal Code: The new commercial R&D space replaces existing commercial space and· there will be no net increase in commercial space due to the project, therefore the project is not . - subject to housing impact mitigation requirements under. Chapter 16.47 of the Palo Alto Municipal Code -Approval of Projects With Impacts on Housing. BMR Requirement: Of the 84 units being developed, a total of 17 BMR units (based on a 20% BMR requirement) will need to be provided; therefore the project will have 67 market rate units and 17 BMR units. BMR Calculation: 84 units x 20% = 16.8 Units, Which Rounds to 17 BMR Units Designation of BMR Units: Based on the unit mix, square footage and other features of the 84 units, as shown in the revised floor plans submitted to the City on July 11, 2006, and described in Attachment A, you have agreed to provide the following 17 units as BMR units, at your sole cost and expense, as satisfaction in full of the City's BMR program requirements and in return for the zoning concessions granted by the City pursuant to the provisions of SB 1818. Table A: 195 Page Mill / 2865 Park Blvd: Summary of Designated BMR Units Floor Plan & Type Square BMR Unit Numbers & Location Footage Units 2nd, Floor 3rd• Floor lA;IBR 964 3 214 304,326 IB: I-BR 850 3 201 301 IBX; I-BR 850 227 --- IC; I-BR 977 0 ------ ID; 1 BR 747 2 230 330 Sub-total: One BRs ----8 4 4 2A; 2 BRs 1,114 2 231 315 2AX; 2BRs 1,144 1 207 --- 2B; 2 BRs 1,171 2 208 322 2C;2BRs 964 4 240,246 336,342 Sub-total: Two BRs ---9 5 4 Totals 17 9 8 H:IDOC\BMR Prograrnl195 Page Mill Final BMR Ltr Agrrnt 1·17·07.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 3 of14 BMR Agreement to Be Recorded: The terms of this letter agreement will be referenced and incorporated into the Project's ARB conditions of approval. The specific requirements described in this letter agreement, including the provisions for the rental and possible future sales of the BMR units, shall also be incorporated into a formal BMR regulatory agreement (the "BMR Regulatory Agreement"). The BMR Regulatory Agreement shall be prepared in a form satisfactory to the City Attorney and must be completed and executed by the Owner and the City prior to the final subdivision map being agendized for City Council action. The BMR Regulatory Agreement will be recorded against the property simultaneously with the Subdivision Agreement and will be a contractual obligation of the Owner and its successors in interest and shall run with the land. Consent and subordination to its provisions is required from any lender with a secured interest in the property. Term of Agreement: The term of the BMR Regulatory Agreement governing the rental of the BMR units shall be 59 years from the date of the first occupancy permit for any part of the residential portion of the Project. The initial term of the BMR ownership deed restrictions applicable to each BMR unit shall also be 59 years, beginning with the date of each unit's first sale to a BMR qualified buyer approved by the City. However, future transfers or sales of individual BMR units to subsequent BMR owners shall initiate a new 59-year term oithe BMR ownership deed restrictions applicable to each respective unit. Construction, Finishing, Parking & Use of Common Amenities: The BMR units shall be comparable in all aspects to the market-rate housing units including, but not limited to, construction quality, appliances, cabinets, kitchen and bathroom fixtures, appearance, flooring materials, finish work and amenities. Owner shall allocate and assign auto parking spaces, bicycle storage, and other storage lockers to the BMR units on the same basis as is done for similar market rate units. BMR residents shall have equal access and use of the Project's common amenities as is given to the market rate residents. Prior to the City finalizing the permits for occupancy of the BMR units, the City, or its designee, shall inspect each BMR unit to determine that it meets the construction and finishing standards required by the BMR Regulatory Agreement. If the standards have been met to the satisfaction of the City Manager, then the City Manager shall approve the acceptance of each of the units into the BMR program. Specific Provisions Regarding Conversion to Residential Condominiums Sale of BMR Units As Condominiums: The Project requires City Council approval of a final subdivision map to allow for the future sale of the 84 individual units as residential condominiums. However, you have stated that it is your intention as Owner to rent the units for an indefinite period of time. Should a corporation or partnership or similar H:\DOC\BMR Program\1 95 Page Mill Final BMR Ltr Agnnt 1·17·07.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 4 of 14 entity be created to hold and manage the Project and/or the 84 units, a conveyance of all or a partial interest to, or from such holding company, will not be considered a sale of a condominium unit unless it conveys occupancy rights in the units to owners. Owner expressly grants the City a right to purchase each of the 17 BMR units at prices determined in accordance with the BMR Regulatory Agreement at such time that the 84 residential units are converted to condominiums and sold to individual owners. At a . mutually acceptable date to be detennined by Owner and City, but no later than close of escrow of the sale of the twenty-eighth (28) market rate condominium unit, all 17 of the BMR units shall be offered for sale to the City by written notice from the Owner to the City of the intent to sell (the "Notification Date") at the adjusted BMR Base Sales Price. Owner shall cooperate with the City, BMR buyers and the City's program administrator or designee as necessary in the sale of the BMR units, following the procedures in the BMR program and procedures manual and the BMR deed restrictions and supplementary instructions provided by the City or its designee, as needed. A copy of the City's current Deed Restrictions is attached as Attachment H "City. of Palo Alto Below Market Rate (BMR) Program Deed Restrictions (August 1993)". The Deed Restrictions may be revised before any BMR units in the Project are sold as BMR condominiums, in which case the revised deed restrictions, as provided by the City, shall be used in the sales process and recorded with the grant deed from the Owner to the BMR buyer designated by the City. BMR Unit Buyer Qualification and Selection: Concurrently with the notification of the intent to sell to the City, the Owner shall also notify each existing BMR tenant of the planned sale of the 17 BMR units and the estimated termination date of the tenant's rental agreement. Each BMR tenant shall be granted a first option to purchase the BMR unit that they are then renting, or if they do not wish to purchase their own unit, then they shall be given an alternative, secondary option to purchase anyone of the other BMR . units not being purchased by their· BMR residents. The right of BMR tenants to the option to purchase is subject to certification by the City that the tenant meets the income, asset, household size and other program requirements in effect at that time for the particular BMR unit that they desire to purchase. During the process of the conversion of the Project to residential condominiums, the City shall develop more detailed instructions and procedures to implement the purchase option process for existing BMR tenant households. However, the process is intended to provide each interested BMR tenant sufficient time to complete an application to purchase and qualify under the BMR program income certification and qualification process. If detennined to be <\ qualified BMR tenant buyer, then the tenant must proceed diligently to enter into a purchase contract with the Owner, open escrow, secure financing and close escrow within a reasonable period of time. H:\DOC\BMR Program\195 Page Mill Final BMR Ltr Agrrnt 1-.1 7-07.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 5 of 14 If a BMR tenant does not exercise the option to purchase or does not conclude the purchase, then a buyer shall be selected for each BMR unit by the City (normally the· selection is made from the BMR ownership program waiting list) and the sale shall be conducted following the procedures for the sale of BMR ownership units as described generally in AttachmentF "Sales Procedures for New BMR Ownership Units". Whether the buyer is an existing tenant or not, at the appropriate time in the sale transaction, the City will assign its right to purchase to the BMR buyer approved by the _City. Sales Prices of BMR Units: The Base Sales Price of each BMR unit is shown in Attachment B "Conversion of BMR Rental Units to BMR Condos". The Base Sales Prices are based on the methodology, variables and assumptions shown in Tables V and VI of Attachment E "BMR Ownership Program: Updated Prices for New BMR Units, Effective May 15,2006". Annual adjustments to each BMRunit's Base Sales Price shall be made for the time period begiIming with the first anniversary of the date of issuance by the City of the first certificate of occupancy for any component of the residential portion of the Project and ending with the Notification Date using the appreciation formula described in the BMR ownership deed restrictions, Attachment H, which is an increase in the Base Sales Price equal to one-third (1/3) of the percentage change in the Consumer Price Index,AlI Urban Consumers (Cpr-U) for the San Francisco, Oakland, San Jose area over the time period the Project is operated as rental housing, as defined above. Should the City adopt another appreciation formula prior to the Notification Date that would result in the BMR units being sold at higher prices than the one-third of cpr formula, then such higher appreciation formula shall be used to calculate the adjusted Base Sales Prices for the sales to the first BMR buyers. However regardless of the price calculated by the appreciation formula, the maximum final sales price for each BMR unit shall not exceed the affordable purchase price for the BMR unit using the price formula shown for the unit type shown in Attachment B "Conversion of BMR Rental Units to BMR Condos", but applying the then-current variables as of the Notification Date and the assumptions and methodology described in Attachment E "BMR Ownership Program: Updated Prices for New BMR Units, Effective May 15,2006". Repairs and Refinishing of BMR Rental Units Prior to Sale As BMR Condos: The City shall complete an evaluation of the condition of each BMR unit prior to each unit being accepted for sale. City may order professional inspections of the units at its discretion. Owner is required to remedy any deterioration or deficiencies in the unit's physical condition based on the City's evaluation and the inspection reports. In addition, Owner agrees to renovate or replace interior finishes including floor and window coverings, cabinets, counter tops, plumbing fixtures and to repaint, and replace appliances as directed by the City, however no renovation work shall be required that is in excess of the work being completed on the market rate units. The costs incurred by Owner for the repair and / or renovation of the BMR units shall not be added to the BMR sales prices. H:\DOC\BMR Program\195 Page Mill Final BMR Ltr Agnnt 1·17-07 w2-12 Rev.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 6 of14 Residential Condominium CC & R's: Upon conversion to residential condominiums, the declaration of covenants, conditions and restrictions (the "Declaration") shall provide the same membership, voting and other rights for owners of the BMR units as for owners of all other residential units in the Project. To the maximum jextent permitted by the California Department of Real Estate .c'DRE"), the Declaration will provide that all regular and special assessments will be allocated among unit owners on the basis of the respective interior living floor area of the units (i.e., interior floor square footage, excluding the square footage of patios, balconies, and garage spaces), as calculated by the project architect; provided, however, the Declaration may provide for an equal allocation of assessments among market rate units, or any other allocation of assessments among market rate units permitted by the DRE, provided that the proportionate assessment allocated to any BMR unit is not greater than the percentage that would have been allocated to that unit if the allocation among all units had been made on the basis of the respective interior living floor areas of all units. Specific Provisions Regarding Operation of the 84 Units As BMR Rental Housing Definition of BMR Rent: The BMR rent is the total maximum monthly charge that may be paid by the tt?nant for occupancy of a BMR unit, including; 1) Use of the standard number of auto and bicycle parking spaces assigned or made available for that category of unit; and 2) The value of utility services that are not separately metered to each unit. Note that there is no requirement to deduct a utility allowance for separately metered utilities that are directly paid by the tenant in determining the maximum BMR rent. The maximum BMR rent also includes the use of common facilities and amenities that are provided to market rate tenants without separate fees or charges as part of their regular monthly rental payment, such as use of a storage locker or use of the Project's recreation facilities and common areas, etc. If Owner offers market rate tenants the right to purchase the use of facilities or services, for example, an extra parking space or a health club membership, then Owner shall offer the same facilities or services on the same basis and pricing to the BMR tenants. Amount of Initial, Starting Rents: The City's Director of Planning and Community . Environment shall establish the Initial, "Start" BMR Rent for each BMR unit as of the date of issuance of the first "shell" building permit for the project (the "Start Date"). The Initial BMR Rents are the rents the Owner is allowed to charge at the first rent-up and occupancy of each BMR unit after completion of construction. Thereafter, the maximum BMR rents for new and existing tenants are reset to be effective every 12 months based on changes in the Consumer Price Index -Rent Residential index as described below. H:\DOCIBMR Program\195 Page Mill Final BMR Ltr Agnnt 1·17·07.doc 195 Page Mill Rd BMR Agreement January 17,2007 Page 7 of 14 The Initial BMR Rents are derived by applying the applicable initial rent formula to the rents by unit type for households at 100% of the Area Median Income (AMI) for Santa Clara County, as published annually by the California Tax Credit Allocation Committee (the "TCAC Rents") with adjustments to the 1 00% of AMI rents as needed to obtain the correct BMR rents (such as 40% of AMI, 45% of AMI, 50% of AMI, 60% of AMI, etc.). For example, one-bedroom units with a 50% of Area Median Income (AMI) rent formula will have an Initial Rent equal to TCAC's published 50%, one-bedroom unit rent. . The TCAC methodology is used for most affordable rental housing in the State. TCAC uses standardized assumptions about the number of persons per household, defines household income limits and sets rental affordability as paying no more than 30% of the household income limit for rent. For each of the 17 BMR units in the Project, the applicable rent formulas and the sample initial "Start" rents, in effect as of the January 2007 date of this agreement, are shown in Attachment C and summarized in the table below. Table B: BMR Rental Units: Initial Rent Formulas, Affordability Levels & Qualifying Income Limits #of Initial Rent Current Maximum Maximum Floor Plan & Unit Formula & Start Rent Type BMR Numbers Affordability per TCAC Income at Income at Units Move-In Recertification Level as of 1-07 ID -IBR 2 230,330 45% of AMI $896 <45% AMI <60% AMI IB & IBX-3 201,227, 50% of AMI $995 <50% AMI <70% AMI IBR 301 lA-l BR 3 214,304, 60% of AMI $1,194 <60% AMI < 80% AMI 326 240,246, 50% of AMI $1,193 <50% AMI 'I> 2C-2 BR 4 336,342 <70% AMI 2A-2BR 2 231,315 60% of AMI $1,432 <60% AMI < 80% AMI 2AX 1 207 60% of AMI $1,432 <60% AMI <80% AMI -2BR 2B-2 BR 2 208,322 60% of AMI $1,432 <60% AMI < 80% AMI Total BMRs 17 ---... --- Rent Increases: Increases in the maximum BMR rents that may be charged shall be calculated annually in order to become effective each July 1. The annual increase shall not exceed an amount equal to one-half of the percentage increase in the Consumer Price Index for All Urban Consumers, Rent Residential, San Francisco Oakland area (Cpn H:\DOC\BMR Program\195 Page Mill Final BMR Ltr Agrmt J-J7-07.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 8 of 14 from the prior year's base CPI to the latest index available as of the Calculation Date. This index is published regularly by the Bureau of Labor Statistics & covers the San Francisco, Oakland, and San Jose area. The following is a sample, hypothetical calculation of an armual rent increase: 1) CPI -Rent Residential Index Available as of April' 1: 242.5 Less -CPI -Rent Index as of prior year's April 1 : 225.2 Difference 17.3 2) 17.3 1225.2 = .0768 = 7.68% I 2 (one-half) = 3.84% equals the rent increase percent 3) Current maximum rent for unit: -$1,512 times 3.8% = $58.06 maximum rent increase (which is then rounded to the nearest dollar) 4) New maximum rent = $1,570.00 The Owner shall contact the City for the determination of annual rent increases on April 1 of each year (the "Calculation Date"). The City will calculate the new maximum allowable rents using the .above formula and notify Owner of the permitted maximum rent increases. The resulting BMR rents are the maximum applicable rents as leases expire or new tenants move in to the BMR units over the 12-month period following the annual anniversary of each rent change. If the City does not notify Owner by April 30 of the new maximum rents, Owner may implement rent increases that comply with this fonnula. There is no cap on the amount of the annual rent adjustment and no negative rent adjustments are required. The rent for an existing BMR tenant may not be increased more than once in any 12- month period regardless of whether the tenant is renting under a month-to-month rental agreement or an annual lease. The Owner must provide all BMR tenants with a minimum 60-day written notification of any rent increases. For the initial year after completion and occupancy of the BMR units, the annual rent increase percentage shall be prorated from the Start Date to the following April 1, as necessary to account for the first period of CPI index changes being more or less than 12 months. Catch-Up for Rent Increases Not Implemented In Prior Years: While the Owner may choose to charge rents that are less than the maximum rents allowed under the CPI fonnula, the Owner may not increase the rent for an existing BMR tenant in excess of the amount allowed by the above annual CPI change fonnula in order to catch-up with rent . increases not taken in prior years. However, when a BMR unit is vacated, the Owner may rent the unit to a new BMR tenant at the then-current maximum rent per the formula, H:\DOC\BMR Programl195 Page Mill Final BMR Ur Agrmt J-J7-07.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 9 of 14 which rent will thus include the rent increases that were allowable per the prior years CPI changes but were not previously implemented. Compliance with Other Laws: All applicable State and local laws and ordinances affecting the operation of rental housing apply to the operation of the BMR units. Notwithstanding any language to the contrary in Section 9.68.020(d) of the PAMC, the provisions of PAMC Chapter 9.68, including the requirement to offer tenants a one-year lease, shall apply to the BMR units. BMR Tenant Preferences, Waiting List, and Selection: First preference for occupancy of all BMR rental units shaUbe given to those otherwise eligible households that have at least one member who lives or works within the city limits of Palo Alto. (Note: the Stanford University campus is not within the city limits of Palo Alto, however the Stanford Hospital and Medical Center are within the City.) Owner shall be responsible for providing information to prospective BMR applicants about the BMR units and application procedures. Owner may keep a waiting list or advertise when vacancies occur as long as a consistent, written procedure is followed. If . a waiting list is kept and there is no qualified applicant available from the list that meets the live or work in Palo Alto preference, then Owner shall advertise the BMR unit vacancy in a local newspaper of general circulation in Palo Alto (and list the unit in a locally used online rental housing site) for a period of two weeks and make Ii good faith attempt to find a qualifIed tenant that meets the Palo Alto preference before renting to a non-preference household. Alternatively subject to the City's consent, Owner may contract with a qualified local organization to maintain a waiting list and market BMR units to prospective tenants. Nevertheless, Owner shall be solely responsible for the actual selection of BMR tenants, including conducting the Owner's normal tenant screening process, and for the enforcement of the terms of the tenancy and lease or rental agreement. Minimum Household Sizes: Minimum household size rules for occupancy of BMR rental units are set so that units with more bedrooms are available to, and occupied by, larger households. The household size standards apply both at the initial rental of a BMR unit and at each annual recertification. If at an annual recertification an otherwise qualified BMR household no longer meets the minimum household size standard for the unit that it occupies because one or more household members· have moved and established permanent residency at another location, then the household shall be required to move to the next available vacant BMR unit in the Project of the correct bedroom size for which the household qualifies under the household size standards and the household's then-current income level. Until an appropriate BMR unit becomes vacant, the household shall continue to pay the BMR rent H;\DOC\BMR Program\195 Page Mill Final BMR Ltr Agnnt 1-17-07 w2-12 Rev.doc 195 Page Mill Rd BMR Agreement January 17,2007 Page lO of14 for the unit they are occupying. Once the BMR unit is vacated, it shall then be rented to a qualified household of at least the minimum size for that unit. There are no maximum household size standards set by the City's BMR program. The minimum household size standards are: Unit Type One-bedroom Units Two-bedroom Units Three-bedroom Units Minimum Household Size One-person Two-persons Three-persons Eligible BMR Households -Review of Qualifications & Income Certifications: Applicants for BMR rental units must meet qualifications regarding income, assets and minimum household size standards. The Palo Alto residency and / or work location preferences must also be verified: Existing BMR tenants must be recertified annually to verify that the applicable qualifications are met in order to continue to be eligible to pay BMR rent and occupy a BMR unit. Higher income limits apply for existing BMR tenants at each annual recertification than apply when a tenant first moves into a BMR unit. The procedures of the Hun Section 8 rental assistance program, or successor program, shall .be followed in conducting' the income certifications, except as modified by the City to meet the requirements of the BMR program. Priorto initial occupancy by it new tenant, or every twelve months for an existing BMR tenant, the Owner shall obtain the appropriate documentation from applicants and tenants and make its own determination of annual income and other qualifications and submit the documentation package to the City for its review. The City will review the documentation package and make the final determination regarding each household's eligibility for the BMR program prior to the execution (or renewal) of the rental agreement or lease for the BMR unit. Owner shall not permit a new BMR tenant to occupy a BMR unit prior to completion, and City's approval, of the qualification and income certification process. Rent Increases for BMR Tenants Where the Tenants Income Exceeds the Applicable Income Limit for That Unit's Rent Formula Category: As shown in Attachment D "Table IV: BMR Rental Units: Qualifying Income Limits", the Project has three levels of affordability with separate maximum income limits that apply to each category upon annual income recertification. If at an annual income recertification the income of an eXisting tenant's income exceeds the applicable recertification income limit under the rent formula for the unit that they occupy, then the rent for that tenant may be increased by Owner to the BMR rent for the next higher income limit category for BMR units of that bedroom type for which the tenant qualifies. The unit will then be temporarily re- designated as that category of BMR unit. Owner must then designate the next available . H:\DOC\BMR Program\195 Page Mill Final BMR Ltr Agrmt 1-17-07 w2-12 Rev.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 11 of 14 vacant BMR unit of that bedroom type as the former category of BMR unit and rent it to a qualified household at the appropriate rent. Existing BMR Tenants Who Become Ineligible Because Household Income Exceeds the Overall Maximum: As shown in Attachment D, the overall maximum household income limit for all categories of existing BMR tenants at the annual recertification is 80% of Area Median Income adjusted by household size. BMR tenants whose incomes upon recertification exceed the 80% of Area Median Income limit will cease to qualify to pay BMR Rent or to occupy BMR units. The Owner shall give such tenants a written Notice of Ineligibility upon completion of the recertification process advising the tenant that: 1) The rent will be increased in sixty (60) days from the date of the Notice in a specified amount (to be determined by Owner, but not exceeding the rent for comparable market-rate units); and 2) That the tenant must vacate the unit within six (6) months of the date of the Notice, or at the end of the current lease term, whichever is later. When the unit is vacated, the Owner must rent the unit, at that unit's original income level designation as shown in Attachment D, to a new, BMR qualified household. Alternatively, if the over-income tenant would like to continue to occupy the unit at market rent and the Owner agrees, then, subject to the City's prior written approval, Owner shall designated a comparable, vacant market unit as the BMR unit and rent that unit subject to the requirements that applied to the original BMR unit. The replacement unit shall have the same number of bedrooms and the same, or larger, floor plan. Informational Materials & Rental orl Lease Agreement: Owner shall provide verbal and written information upon request to persons interested in the BMR rental program and the BMR units, including an application for the Project's BMR waiting list. As an alternative to maintaining a waiting list, Owner may establish and follow a consistent written policy to advertise BMR units to the public as vacancies occur. Information regarding the conditions and restrictions applicable to occupancy of the BMR units shall be provided to each applicant and BMR tenant.-Such information shall include: the current BMR Rent, the formula for calculation of annual rent increases, minimum occupancy standards for BMR units, the qualifying income limits for initial occupancy and for continued occupancy at recertification, and the requirement for an initial and annual income and asset certification, the applicable income limits at initial occupancy and at recertification, the offer of a one-year lease, the priority for Palo Alto households, the BMR waiting list or advertising procedures, the Owner's standards for tenant screening, and other relevant information. Penalties for noncompliance with the BMR program rules and requirements during the household's tenancy shall also be explained in the informational materials provided by Owner. H:\DOC\BMR Program\195 Page Mill Final BMR Ltr Agrmt 1-17·07.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 12 of 14 The BMR program requirements, conditions and restrictions, as described above including specifically the requirement for the tenant to cooperate in the annual income recertification, shall be incorporated as a formal addendum to each BMR tenant's rental agreement or lease, said addendum shall also include procedures and penalties by which Owner may enforce tenant compliance with the requirements for occupancy of a BMR unit. Applicants for BMR units, and existing tenants at their annual recertification, shall sign an acknowledgement of receipt of this information and of their understanding and agreement to comply with the BMR program requirements. Owner shall submit all informational materials and forms of its rental agreements and leases for the BMR units to the City for approval prior to initial use or whenever revisions are proposed to be made. Regular Maintenance, Repairs and Replacements for BMR Units: Owner shall provide the same level and quality of maintenance, repairs and periodic replacements of fixtures, finishings, appliances and painting for the BMR tenants and the BMR units as is provided to the market rate tenants and their units. Records and Annual Report: The Owner shall maintain files and records, in a form satisfactory to the City, to document compliance with the BMR Regulatory Agreement. Owner shall prepare, and submit to the City on an annual basis, a certification of compliance with the BMR Regulatory Agreement and a report, in a form specified by City, which shall contain information for each of the 17 BMR units and their occupants summarizing the Project's compliance with the BMR Regulatory Agreement. Attachment G "BMR Rental Units: Sample Content and Format for Annual Report" illustrates a sample format and the type of data to be provided in the annual report. Monitoring, Enforcement and Penalties for Noncompliance: The City shall have the right to periodically monitor and audit Owner's management, implementation and compliance with the BMR Regulatory Agreement. Owner and its representatives shall cooperate fully with the City in such monitoring and auditing. Should the City find that there is non-compliance with the BMR Regulatory Agreement, the City shall provide Owner with written notice of its findings and shall provide Owner with an appropriate period of time, depending on the nature of the findings, to achieve compliance, but in any case at least 30-days shall be provided to Owner. If Owner does not achieve compliance to the satisfaction of the City with the BMR Regulatory Agreement within a reasonable time period set by the City, or if Owner demonstrates repeated and ongoing lack of staff capacity and capability to administer the BMR program, then the City reserves the right to directly perform, review, or contract with a third party for, the performance of any or all of the administrative tasks necessary to implement the BMR Regulatory Agreement. Such tasks may include, but are not limited to, the preparation of informational materials, conducting the initial and annual H:\DOC\BMR Program\195 Page Mill Final BMR Ltr Agrmt 1-17-07.doc 195 Page Mill Rd BMR Agreement January 17, 2007 Page 13 of14 income and asset certifications, the calculation of maximum BMR rent and annual rent increases and other related tasks. Should the City find it necessary to take over all or any part of the administration of the BMR Regulatory Agreement, Owner agrees to reimburse the City for its costs of such administration at the City's standard billing rates for time, overhead and materials. The City may contract with a third party to perform these tasks and Owner agrees to reimburse the City for the costs of such contracted work, in addition to.the City's costs for review and oversight of the work. However, Owner will continue to remain completely responsible for conducting Owner's normal tenant screening process unrelated to the BMR program, for the final decision on the selection of BMR tenants, and for enforcement of the terms of the tenancies. In no case, shall the City be a party to the rental agreement or lease between the BMR resident and Owner. In the case of ongoing and repeated non-compliance or gross or willful negligence regarding Owner's responsibilities under the BMR Regulatory Agreement, the City may assess a penalty fine against Owner equal to the amount of the difference between the rents actually charged by Owner and the allowable BMR rents and I or may require Owner to reimburse the City at 150% of the City's standard billing rates for the time, overhead and materials incurred by City in correcting the non-compliances. Guidelines, Administrative Procedures and Interpretations: The City may from time to time during the term of the BMR Regulatory Agreement adopt or approve guidelines, procedures and interpretations affecting the implementation of the BMR rental program in general, and its implementation in the Project, in partiCUlar. The Owner shall follow such revised guidelines, procedures and instructions from City, except that the calculation of the initial BMR Rents and the rent increase formula shall not be changed without an amendment to the BMR Regulatory Agreement, which shall require the written approval and consent of both Owner and City. Program Administrator: The Department of Planning and Community Development administers the BMR program. The City'S contract program administrator for the BMR program is currently P AHC Housing Services, LLC. The City may assign any or all of the administrative duties including review, approval and monitoring functions to its program administrator or other designee. Please sign the two duplicate originals of this letter agreement and return one of the signed originals to Catherine Siegel, Housing Coordinator at the City to indicate that we have reached agreement regarding the BMR program component of the mixed use project at 195 Page Mill Road I 2865 Park Blvd. H:\DOC\BMR Programl195 Page Mill Final BMR Ltr Agnnt l-17-07.doc Director of Planning and Community Environment Attachments: A. Table I: Selection of the 17 BMR Units 195 Page Mill Rd BMR Agreement January 17, 2007 Page 14 of14 B. Table II: Conversion ofBMR Rental Units to BMR Condos C. Table III: BMR Rental Units: Initial Rent Fotmulas & Sample Current "Start" Rents D. Table IV: BMR Rental Units: Qualifying Income Limits E. Tables V & VI: BMR Ownership Program Prices for New BMR Units Revised May 15,2006 F. Sales Procedures for New Below Market Rate (BMR) Ownership Units (2003:01) G. BMR Rental Units: Sample Content & Format for Annual Report H. City of Palo Alto Below Market Rate (BMR) Program Deed Restrictions (August 1993) cc: Don Larkin, Senior Deputy City Attorney Julie Caporgno, Advance Planning Manager Catherine Siegel, Housing Coordinator, Advance Planning Chris Riordan, Planner, Current Planning Marlene Prendergast, Executive Director, Palo Alto Housing Corporation Linda Mabry, BMR Administrator, PAHC Housing Services, LLC We agree to provide the 17 Below Market Rate units in the Mixed-Use Project at 195 Page Mill Road / 2865 Park Blvd., Palo Alto [05PLN-00000-002811 as described in this Letter Agreement dated January 17,2007: H:\DOC\BMR Program\195 Page Mill Final BMR Ltr Agrmt J-17-07.doc Council, City From: Harrison, Emily Sent: To: Cc: Subject: FW: Question -Park Plaza From: Peter Drekmeier [mailto:pdrekmeier@earthlink.net] Sent: Friday, July 06, 2007 10:04 AM To: Harrison, Emily; Emslie, Steve Subject: Question -Park Plaza Hi Emily and Steve, I see that Park Plaza will be continued to August 6, but in the meantime I have a question/concern. When we approved this project, we voted for 84 apartment units (which I saw as a community benefit since apartments are more affordable than condos). But the project has now shifted to condominiums. Can the applicant do this? Thanks. -Peter Peter Drekmeier gdrekmeier@earthlink.net (650) 223-3333 7/912007 Council Member Kleinberg said she would not participate in the item due to a conflict of interest because her residence is located within 500 feet of the reservoir. Council Member Mossar said she would not participate in the item due to a conflict of interest because her husband was employed by Stanford University. MOTION: Council Member Morton moved, seconded by Beecham, to approve the Resolution, to have the Mayor appoint four Council Members to author the argument in favor of the measure. Council Member Beecham requested a change to the Draft Ordinance language on Page 2, 4th line, to change to Modern from State of the Art. City Attorney Gary Baum said the correction would be made. MOTION PASSED 5-0, Cordell, Klein, Kleinberg, Mossar not participating. PUBLIC HEARINGS 16. PUBLIC HEARING: Approval of a Record of Land Use Action and Request for a Tentative Map of "Park Plaza" for Condominium Purposes to Merge Three Parcels into One Parcel to Allow for Legal Separation of Ownership for 84 Residential Condominium Units on the Upper Floors and 11 Research and Development Condominium Units on the Ground Floor, and a Negative Declaration at 2865 Park Boulevard and 195 Page Mill Road. (COUNCIL MOTION REQUESTED TO CONTINUE ITEM TO 08/06/2007) Council Member Drekmeier said his prior approval of the project was for apartment units, and since the project has changed to condominium units he was not sure he could support it. MOTION: Council Morton moved, seconded by Cordell, to continue this Public Hearing to August 6, 2007. MOTION PASSED: 9-0. 17. PUBLIC HEARING: Award an Option to Lease to the Environmental Volunteers (EV) to Rehabilitate, Relocate if Necessary, and Lease for its Headquarters the Former Sea Scout Facility Located at 2560 Embarcadero Road 07/09/07 22 Herb Borock P. O. Box 632 Palo Alto, CA 94302 July 3, 2007 Palo Alto City Council 250 Hamilton Avenue Palo Alto, CA 94301 JULY 9, 2007, CITY COUNCIL MEETING 2865 PARK BOULEVARD AND 195 PAGE MILL ROAD TENTATIVE MAP FOR CONDOMINIUM PURPOSES Dear City Council: Please reject the application for a Tentative Map that permits the 84 housing units to sold as condominiums, because the request to change the project from (a) housing that cannot be sold as individual units to (b) units that can be sold separately is linked to the IIBelow Market Rate (BMR) Agreement for Mixed-Use Project with 84 Residential Units at 195 Page Mill Road / 2865 Park Blvd., Palo Alto ll , 05PLN-00000-00281i APNs: 132-32-003, -004, -005, and -050 dated IIJanuary 17, 2007 [Minor Revisions 2-12-07] II (IIBMR Agreement") signed by Director of Planning and Community Environment Stephen A. Emslie and Owner/Applicant Harold C. Hohbach, and the BMR Agreement violates the Counci1 1 s December 11, 2006 project approval and also violates California Government Code Section 65915 et seq that is the alleged basis for the CouncilTs approval of the density bonus concessions for this project. Attached to this letter are the first page and Page 14 of 14 of the BMR Agreement. The Tentative Map Application and BMR Agreement also violate the California Environmental Quality Act (CEQA), because CEQA requires that the whole of a project be considered for environmental review, but the project Council approved December 11, 2006, was for housing units that could only be rented, while the current application is for the purpose of permitting the sale of the individual units. It is a violation of CEQA and a prejudicial abuse of discretion to separate (1) the Design Review approval of the project and the use of any density bonus allowed by Government Code Section 65915 et seq from (2) the Tentative Map application for 84 residential condominiums and the BMR Agreement that allows converting subsidized residential units from lower income rental units to moderate income for~sale units. It is also a violation of CEQA and a prejudicial abuse of discretion to separate (1) the Tentative Map application from (2) the BMR Agreement. California Government Code Section 65915 allows the Council to grant concessions for residential density bonuses based on whether the project contains a specified percentage of units for lower income households, very low income households, or moderate income households. The project cannot obtain either the density bonus or any concessions by offering a combination of lower income, very low income, and moderate income units. The project is required to choose only one of the three income levels: either (1) lower income, (2) very low income, or (3) moderate income. The project cannot switch lower income units or very low income units to moderate income units. If the project chooses to provide moderate income units, then all units in the project must be provided for sale. If the project chooses to provide lower income units or very low income units, it must guarantee their affordability for those income levels for at least 30 years, but although the BMR Agreement for each rental unit is supposed to be for 59 years (as long as they are rental units), the Agreement allows any of those units to be sold at anytime and be converted from rental units to for-sale units. The BMR Agreement is for a project that starts with either (1) 8 low-income units (less than 60% of Median Income) and 9 very-low-income units (less than 50% of Median Income) [Table B on Page 7 of 14 of BMR Agreement] or 11 low-income units and 6 very-low-income units [Attachment D of BMR Agreement], but these rental units can be converted at any time to for-sale units affordable only to those with moderate incomes (90% of Median Income) [Attachment B of BMR Agreement], which violates the requirement that the units be affordable as rental units to low-i~come and very- low-income households for at least 30 years, or in the case of Palo Alto's BMR Program 59 years. The BMR Agreement violates all of the above requirements of California Government Code Section 65915 et seq. Therefore, you should recommend that the Council reject the application for approval of a Tentative Map. Thank you for your consideration of these comments. Sincerely, Herb Borock Attachment: Below Market Rate Agreement dated January 17, 2007, Page 1 and Page 14 of 14. Herb Borock P. O. Box 632 Palo Alto, CA 94302 June 13,2007 Planning and Transportation Commission City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 JUNE 13, 2007, PLANNING & TRANSPORTATION COMMISSION MEETING AGENDA ITEM #2: 2865 PARK BOULEVARD AND 195 PAGE MILL ROAD Dear Planning and Transportation Commission: Please recommend that the City Council reject the application for a Tentative Map that permits the 84 housing units to sold as condominiums, because the request to change the project from housing that cannot be sold as individual units to units that can be sold separately is linked to the "Below Market Rate (BMR) Agreement for Mixed- Use Project with 84 Residential Units at 195 Page Mill Road / 2865 Park Blvd., Palo Alto", 05PLN-00000-00281; APNs: 132-32-003, -004, -005, and -050 ("BMR Agreement"), and the BMR Agreement violates the Council's December 11, 2006 project approval and also violates California Government Code Section 65915 et seq that is the alleged basis for the Council's approval of the density bonus concessions for this project. The Tentative Map Application and BMR Agreement also violate the California Environmental Quality Act (CEQA), because CEQA requires that the whole of a project be considered for environmental review, but the project Council approved December 11, 2006, was for housing units that could only be rented, while the current application is for the purpose of permitting the sale of the individual units. It is a violation of CEQA and a prejudicial abuse of discretion to separate (1) the Design Review approval of the project and the use of any density bonus allowed by Government Code Section 65915 et seq from (2) the Tentative Map application for 84 residential condominiums and the BMR Agreement that allows converting subsidized residential units from lower income rental units to moderate income for-sale units. California Government Code Section 65915 allows the Council to grant concessions for residential density bonuses based on whether the project contains a specified percentage of units for lower income households, very low income households, or moderate income households. The project cannot obtain either the density bonus or any concessions by offering a combination of lower income, very low income, and moderate income units. The project is required to choose only one of the three income levels: either (1) lower income, (2) very low income, or (3) moderate income. The project cannot switch lower income units or very low income units to moderate income units. If the project chooses to provide moderate income units, then all units in the project must be provided for sale. If the project chooses to provide lower income units or very low income units, it must guarantee their affordability for those income levels for at least 30 years, but although the BMR Agreement for each rental unit is supposed to be for 59 years (as long as they are rental units), the Agreement allows any of those units to be sold at anytime and be converted from rental units to for-sale units. The BMR Agreement violates all of the above requirements of California Government Code Section 65915 et seq. Therefore, you should recommend that the Council reject the application for approval of a Tentative Map. Thank you for your consideration of these comments. Sincerely, Herb Borock CEQA REGULATIONS 15064(f) (1) and 15064(g) § 15064. Determining the Significance of the Environmental Effects Caused by a Project. (f) The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency. (1) If the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the environment, the lead agency shall prepare an EIR (Friends of B Street v.City of Hayward(1980) 106 Cal. App. 3d 988) . Said another way, if a lead agency is presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect (No Oil, Inc.v.City of Los Angeles (1974) 13 Cal. 3d 68). (g) After application of the principles set forth above in Section 15064(f), and in marginal cases where it is not clear whether there is substantial evidence that a project may have a significant effect on the environment, the lead agency shall be guided by the following principle: If there is disagreement among expert opinion supported by facts over the significance of an effect on the environment, the Lead Agency shall treat the effect as significant and shall prepare an EIR. OCTOBER 3 CMR ATTACHMENT N: COUNCILMEMBER QUESTIONS AND STAFF RESPONSES A. Councilmember Scharff 9/19/11 E-mail Questions: 1. How many parking spaces would be required for a 50,467 R&D building without any reduction for any factors? Staff Response: Without any reductions, 202 parking spaces would be required for a stand-alone R&D building in the GM zone (at a ratio of 1 space per 250 square feet of R&D space). 2. How many parking spaces would be required for an 84 unit building without any reduction for any factors, assuming 60 two bedroom units, 20 one bedroom units and 4 three bedroom units? Staff Response: Without any reductions, 167 spaces would be required for a residential only product with unit breakdown as noted, comprised of 158 resident spaces (at a ratio of 1.5 parking spaces each for the 20 one bedroom units = 30 spaces, and 2 parking spaces for the 64 2 and 3 bedroom units = 128 spaces, for a total of 158 spaces for residents) and 9 guest parking spaces (one space plus 10% of total number of residential units is required). Staff note: State Housing Law provides a different parking ratio for one bedroom units in applicable project than do City parking requirements. Government Code 65915 requires not more than one parking space per each one-bedroom residential unit, whereas the City’s regulations require 1.5 parking spaces per each one-bedroom residential unit. Since there are 20 one-bedroom units proposed at 195 Page Mill, that would result in 10 fewer parking spaces required (148 total for the residential). This is not shown in the parking analyses, however. 3. The staff report refers to the Lapkoff study estimates a yield of 29 students from the project. Can we get a copy of the Lapkoff study? Staff Response: An excerpt of the Lapkoff study is attached to the CMR (Attachment O). The full study is available from the Palo Alto Unified School District. 4. The staff report also refers to a parking study that was prepared. Can we get a copy of the parking study? Is there an executive summary if it is lengthy? Staff Response: The most recent parking study is contained in a letter prepared by Fehr & Peers in 2009 entitled ‘Park Plaza Mixed-Use Project Trip Generation and Off-Street Parking Analysis’ referenced as Appendix L in the ‘Reference Studies and Documents Available for Public Review Upon Request’ on page 10 of the Mitigated Negative Declaration (MND). It is the first 12 pages of Attachment P to the October 3, 2011 City Manager’s Report (CMR). The latter portion of Attachment P is a five page document entitled “Site Access and Parking” excerpted from the 2006 Fehr and Peers Transportation Impact Assessment (Appendix J) of the MND. The reference studies and documents referred to on page 10 of the Initial Study/MND are all contained within the project files, available for public review upon request. 5. Is there an executive summary of the TDM measures to be implemented and enforced? Is a copy of the TDM program available? Staff Response: The TDM program is attached to the CMR (Attachment Q). B. Councilmember Holman’s 9/19/11 and 9/26/11 E-Mail Questions: 1. One of the ARB findings is that the project be compatible with the existing built environment. Did the ARB make that finding as it does not appear in the minutes of the ARB nor are the other findings referenced in the motion? Staff Response: The Record of Land Use Action (ROLUA), provided as Attachment A, outlines the Architectural Review Board’s (ARB’s) approval findings. These ARB approval findings were also included as an attachment to the ARB staff report provided to the ARB and are available on the City’s website. Finding #2 (page 8 of the ROLUA) addresses the issue of compatibility with the existing built environment. The findings and approval conditions (which were modified following the ARB hearing to incorporate changes) were attached to the Director’s approval. 2. Are there context drawings for the project as they are not in our packet? Staff Response: The applicant has provided a complete plan set and Tentative Map for Council consideration, which have been distributed with the October 3rd Council packet. 3. The PTC minutes are missing. Staff Response: The PTC minutes referenced in the staff report were emailed to the Council on Friday 9/16/11 and are attached to this report (Attachment E). 4. The tentative map appears to be incomplete. Staff Response: The PDF attached to the September 19, 2011 CMR printed only partially due to the agenda software limitations. The applicant has included a hard copy of the map in each Councilmember plan set. The PDF was emailed to Councilmembers on September 19, 2011, and is attached to this CMR (Attachment R). The aerial and public improvement plans that were provided to the ARB and PTC are also provided in the plan set for Council. 5. Is the City required to provide 2 zoning concessions for provision of 4.4 additional affordable housing units? Staff Response: The request for two concessions is due to the provision of 20% of the overall number of units (17 of 84 units) as below market rate units. Government Code Section 65915-18 states that condominium units must be sold (and remain subject to resale) at not-to-exceed moderate income levels to be eligible for concessions. The 20% is applied regardless of whether a City has an inclusionary zoning requirement, and courts have verified that interpretation. . 6. Where are the BMR units located in the project? Are they comparable units to the market rate units per our code? Staff Response: Yes, all 17 BMR units would be interspersed on the second and third floors, some facing the courtyard and some facing the exterior, and are required to be comparable in quality and layout to the other units. The BMR units are one and two bedroom units (there are only four three-bedroom units – none of those units will be BMR units). 7. Has the Housing Corp been involved in the creation of the BMR program and in agreement with it? Staff Response: The Palo Alto Housing Corporation (PAHC) has been a partner with the City (since the mid-1970’s) in the creation and management of the BMR program and units. The PAHC received a courtesy copy of the most recent BMR letter (dated September 6, 2011) and had been in accord with the prior (2007) similar BMR agreement with the applicant. This courtesy is to alert the PAHC that BMR units will be coming into the program so they can plan for the future sales and management of those units. 8. As the City has implemented numerous sustainable policies, what sustainability options are provided for housing units without especially on the tracks side of the project? AKA cross ventilation. Staff Response: All housing units have operable windows that are also acoustically rated to ensure Title 25 and City standards for interior noise levels are met. The front doors of the residential units on the side facing the tracks are served and buffered by an interior, community hallway adjacent to the exterior wall parallel to the JPB/Caltrain ROW, and those units have operable windows into the courtyard. There are only four fixed windows facing the JPB ROW, at the ends of the hallways, and fixed windows at 90 degrees to the JPB ROW providing additional light into the hallways. The units facing the sides of the building that are aligned at 90 degrees to the tracks also have operable windows. The design will need to demonstrate compliance with ventilation requirements of the Building Code prior to issuance of building permits. 9. Caltrain ROW questions: a. What is the precedence for no setback and landscaping provided for on the CalTrains right of way? Staff Response: Staff is not aware of the relationship of other buildings relative to the right-of- way, but it appears that most, if not all, have some buffer. b. What is the access to plant, retain, maintain plantings in this location? Staff Response: The Joint Powers Board (JPB) has an easement across the Park Plaza site parallel and adjacent to the property line adjoining the Akins site at 3045 Park Boulevard. There is a mutual agreement between the applicant and the JPB for maintenance. c. Does this require a side agreement with CalTrain? Does such exist or what communications have there been with CalTrain re this proposal? Staff Response: Yes, this requires an easement and maintenance agreement with the Joint Powers Board (CalTrain). 10. What is the purview of the Council on this item? Are we limited to the matters raised in the ARB appeal? Or can our review be broader, as there are regular constraints of ARB and particular constraints on PTC in this case for a major project? Staff Response: The Council may act fairly broadly on the Architectural Review, the Tentative Map, and the Mitigated Negative Declaration, so long as the relevant findings are made and substantiated. Those findings, as currently recommended by staff, are outlined in the Record of Land Use Action (Attachment A). 11. Air quality: what peer review will be provided for the one-time sampling in the housing floors? Have air quality and plume technology/analysis changed since the approval and construction of the projects listed on page 8 of the staff report? Staff Response: The details of the most recently proposed condition (not considered a required Mitigation Measure) for one-time sampling have not yet been worked out, but staff expects that we would seek advice to the Regional Water Quality Control Board regarding expectations for sampling and would then provide the sampling data to the Board staff for their review and input. The analysis of mitigation appropriate to prevent vapor intrusion has become considerably more rigorous since the other residential projects have been constructed (though there is no indication that there have been problems at those sites in the absence of stricter controls). 12. As this is an item of over 300 pages sans the PTC minutes, why was it not provided earlier consistent with the new provision for 2 week prior for larger projects? Staff Response: The project was appealed in July and in accordance with PAMC Chapter 18.77, the appeal report was to have appeared on Council’s agenda within 30 days of the appeal. As the Council had no meetings in August, the first meeting at which the item could appear was September 6, 2011. The applicant agreed to postpone the timeline to allow for a joint hearing on the Tentative Map, which the PTC considered on August 24, 2011. A postponement to September 19, 2011 was agreed to, but this still did not allow enough time for an early packet due to the staff report review process. Due to the postponement to October 3, 2011, the Council will now have had three weeks for review of the project. 13. Can staff please provide a comparison chart of zoning to the proposed project as is typically provided to PTC? Staff Response: Table 2 ‘GM Zoning District Development Regulations’ was provided on page 67 of the Initial Study/MND. 14. What concessions are required based on SB375? In other words, are concessions warranted when we already require by code affordable units? Does the applicant have to provide any given number of units to qualify for exceptions? Staff Response: SB375 is not a factor in the request for concessions. If the intended reference is to SB1818 (the bill introduced by Hollingsworth, now known as Government Code 65915- 65918): two concessions are requested and warranted for the provision of 20% Below Market Rate Housing units in accordance with GC 65915. The developer is entitled to two concessions if 10% of the units are very low, or 20% of the units are lower or moderate income units. In the project before Council, now an all condominium unit project, 20% of the total units (17 of the 84 units) are proposed as units affordable to moderate income buyers. Zoning Exceptions such as Design Enhancement Exceptions are not requested for this project. 15. What relevance is financial viability to this project? Additionally, the 2006 letter referenced in response to Bob Moss questions....was that not a different project? Staff Response: GC65915 states that in addition to requesting incentives and concessions, applicants may request the waiver of an unlimited number of development standards by showing the waivers are needed to make the project economically feasible. The bill defines development standards as “site or construction conditions.” The applicant had provided a statement in 2006 regarding how the R&D component would help with the financial feasibility of providing affordable housing in 2006, prior to the prior PCE Director’s decision on the application. At that time, the number of affordable units proposed was 17% of the units, warranting only one concession, the project was cited to be a rental housing and R&D project, and the number of zoning development standards not met could not be supported by the percentage of affordable housing proposed, so the applicant was requested to provide the statement. Lapkoff & Gobalet Demographic Research, Inc. www.Demographers.com 22361 Rolling Hills Road, Saratoga. CA 95070-6560 • (408) 725-8164 Fax (408) 725-1479 2120 d h Street 119. Berkeley. CA 94710-2204 • (510) 540-6424 • Fax (510) 540-6425 District-wide Enrollment Forecasts Palo Alto Unified School District December 8, 2010 Executive Summary In fall 2010, the District enrolled 11,825 stUdents. Enrollments have been rising since 1989, when the District reached a low of7,187 students. For two decades, enrollments have increased steadily at all school levels. This has been a most unusual year for the demographics of the Pistrict. Elementary enrollments, especially kindergarten and first grade, are surprisingly high. Birth data did not signal that kindergarten enrollment would be so high. Neither did the level of housing turnover indicate enrollment changes; a relatively small number of homes were re-sold during the last year. Construction of new houses has, of course, brought more students into the district, but this was expected and forecasted. The increase in kindergarten (and first grade) enrollment from the district's older hou.~ing stock was surprising. Key findings ofthis year's demographic analysis are described below. Kindergarten enrollment was higher than expected this year There are about 100 more kindergarten students than forecasted this year. Most of the additional stndents live in PAUSD's older single-family homes (built before 2000), not . apartments or condominiums. About 21 more kindergartners lived in new housing than were forecasted (84 compared to 63). The forecast of kindergartners living in older housing is based on the number of births five years earlier (adjusted using the historical relationship between births and subsequent kindergarten enrollment, or the KIB ratio). There was no sign from the 2005 birth data that kindergarten enrollment would incrcase in 2010. PAUSD's KlB ratios have ranged between 100 and 108 percent in the past. This year, the KlB ratio was 120 percent, far above any historical value for the District. (See Chart I.) Lapkojf & Gobalel Demographic Research, Inc 1 Table 4 Proposed Developments in the City of Palo Alto and Estimated Students Generated from Developments 10/2010 ~ Old HP .8 <.> Mayfield JJ & F los Trancos Edgewood 8 Unil '" "- Alma (mosl in Market Slot Plaza Mixed Condo 525 San 12 '" Name(s) Alma Plaza Housing' Minvw) Redevt Subdivision Page Mill Use/SFR Project Antonio >= Status Approved Approved Approved Approved Approved Proposed Proposed Proposed Proposed Number of Units _ .... ; Apts , 71 0..15 Condos (stacked) (0.25J THs 37 38 8 26 0.75 SFU i 8 10 Q.ll.. BMRMFUs 14 50 I 7 14 13 C 0.7:> • Seniors 0 SROs 0 It of Students Generated 38 35 33 10 7 20 9 6 20 i - - - - - - - ---------------- Expected Date of First Occupancy 2011 2011 2012 2011 2012 2012 2012 2012 2012 Expacted Da1e of Last Occupancy 2012 2012 2013 2012 2013 2013 2013 2013 2013 ESAA FM ADD FM ESC NIX BP DUV ESC FM MSAA JLS JOR JLS JOR TER TER JOR JOR i JLS HSAA Gunn PAHS Gunn PAHS Gunn Gunn PAHS PAHS I Gunn i Table 2 Student Yields for New Developments Yield in Enrollment 2010 Years Built Tvae of Units 1/ Units in 2010 Completed Oak Court 1.02 2005 BMR apts 53 54 Arbor Real 0.91 2007-09 SFUs and TH-slyle 181 175 Vantage 0.75 2007-10 TH slyle 16 57 Echelon 0.61 2008-10 CondolTHs 64 39 opportunity Center 0.56 2006 Homeless Shelter 18 10 Summerl1l1ll1omes 0.33 2003 SFUs 27 9 , Stanford West 0.29 2001 Apartments 628 180 800 High Street 0.18 2006 Stacked condos wlBM R units 60 11 WoodmarkIWeatherlv 0.02 2004 Stacked condos 66 1 Subtotal 0,46 1,173 536 Under Construction Classics at Sterling Park 2009-11 mix of SFU, TH, Condos 24 Altaire 2009-11 THs 35 Redwood Gate 2009-11 SFU·style 7 Olmsted Terrace 2010-11 SFUs 4 Grand Total 606 Lap/rojf & Gobalel Demographic Research, Inc 12 Table 3 Enrollments and Student Yields in Recently-Constructed Housing Number of Students Student Yield In Unit Count as 2010 Yaar Built of Oct 2010 2007 2008 2009 2010 Single Family Units Summerhill SF Us SFU 2003 27 7 5 4 9 0.33 Arbor Real~SFU Lg SFU 2007 11 7 7 6 10 0,91 Arbor Real~Small SF Us Small SFU 2007~O8 31 10 30 42 50 1.81 Classics at SterlIng Park (U/e) 2010 26 5 14 0.50 Olmsted Terrace (Stanford U) (U/C) 2010·11 6 4 0.50 Redwood Gate (includes 4 duets) (Ute} SFU 2009·11 26 0 0 2 7 0.27 Subtotal 131 24 42 61 94 0.72 Townhouse-slyle Units Arbor Real· TH-style Condos TH-style 2007-09 105 10 62 76 90 0.88 Vantage of Palo Alto· Market Rate 2006-10 64 3 33 41 45 0.70 Altajre/JCC (Ule) 2009-2011 59 0 0 6 35 0,59 Classics at SlanIna Park (U/Cl 2009-10 22 0 0 6 0.38 SUbtotal 250 13 95 126 176 0.71 Condominlum-slyle Units Summerhill Condos -market Condos 2004 66 3 0.02 800 High Street-market Condos 2006 50 5 5 3 7 0.14 Subtotal 116 5 6 6 6 0.07 Townhouse/Condominium Units Echelon 2008·10 64 0 2 20 36 0.55 Apartments Stenford West Apts 2001 626 164 142 152 160 0.29 Below Market Rate Unite Oak ct. Apts 100% BMR 2005 53 44 46 52 54 1.02 Opportunity Center 100% BMR 2006 16 16 17 12 10 0.56 600 High Street·BMR 100% BMR 2006 10 5 5 3 4 0.40 , Arbor Real-Condos-BMRs 10Q% BMR 2006 24 12 14 21 0.68 Arbor Real· Smaller SFUs -BMR 2006 10 5 6 4 . 0.40 Vantege of Palo Alto-BMR 100% BMR 2006 12 0 6 10 12 1.00 Echelon -BMR 1QO% BMR 2006-10 11 0 4 4 0.36 Classics at SterUna Park ~U/Cl-BMR 100%BMR 2009·10 0 0 2 2 2.00 Subtotal 145 65 92 103 111 0.77 LapkojJ & Gobalet Demographic Research, Inc 13 fP FHlR & PEERS TRAfHPORTArtOH tiHI$VllftliH October 16, 2009 Ms. Lata Vasudevan City of Palo Alto -Planning & Community Environment Division Mr. Rafael Rius I Ms. Ruchika Aggarwal Cily of Palo Alto -Transportation Division 250 Hamilton Ave, Palo Alto, CA 94301 Subject: Park Plaza Mixed-Use Project Trip Generation and Off-Street Parking Analysis Dear Ms. Vasudevan I Mr. Rius 1 Ms. Aggarwal: Trip Generation An<llysis Based on our review of the Institute of Transportation Engineers (ITE) Trip Generation 8" Edition, for Land Use Category 220 (Apartment), the conversion of 18 one-bedroom apartments to two-bedroom apartments would not change the trip generating characteristics of the proposed project. This would result in zero (0) additional trips being generated during AM or PM peak hour conditions. It should also be noted that the updated trip generation rates included in 2008 8" Edition, are identical to those identified in the 20037''' Edition and used in the Park Plaza Transportation Impact Analysis Report (0.51 vehicle trips per unit for AM and 0.62 vehicle trips per unit for PM). Please refer to Appendix A for 2003 7'" Edition trip rates and Appendix B for 2008 8'" Edition trip rates. The primary conclusions of the trip generation analysis are: Parking • The trip generating characteristics identified in the TIA are consistent with the updated 2008 ITE Trip Generation 8th Edition; and • The proposed conversion will result in zero (0) additional trips being generated during AM or PM peak hour conditions. The City of Palo Alto requires that a mixed-use project provide off-street parking according to each component land use. The project proposes a total of 302 parking spaces. The underground parking garage would provide 274 parking spaces accesslbte from Park Boulevard. The remaining 19 parking spaces would be located at surface level and also accessible from Park Boulevard. In addition, nine (9) surface lot parking spaces will be designated in landscape reserve. Based on the project's land uses and building size, the parking code required 388 parking spaces as shown in Table 1, therefore the proposed project would result in a shortfall of 86 parking spaces. ~2990Lava Ridge Court, Suite 200 Roseville, California 95661 (916) 773-1900 Fax (916) 773-201-5- www.fehrandpeers.com Appendix A Institute of Transportation Engineers (ITE) Trip Generation 7th Edition (2003) Land Use 220 -Apartments AM and PM. Peak Hour Vehicle Trip Generation Rates Appendix B Institute of Transportation Engineers (ITE) Trip Generation 8th Edition (2008) Land Use 220 -Apartments __ ~M and PM Peak Hour Vehicle Trip Gelleration,-R~a...-:t,-es.:::... CMR 10-3 ATTACHMENT S: Response to Appellant’s Recent Email Communications Appellant Robert Moss’s 9/16/11 Email: Appellant was referring to the 9/19/11 City Manager’s Report (CMR) in the below comments; staff responses follow each comment: Moss: “Of interest is that many pertinent facts are omitted from the report. For example, the ARB minutes report the project was approved. What they fail to note is the actual vote which was 3-2. In addition a number of comments by commissioners are omitted. For example at one point when approval of the project was being discussed commissioner Wasserman referred to it as a bait and switch job. That was omitted.” Staff Response: Complete verbatim minutes of the ARB meeting of July 7, 2011 were provided as an attachment to the PTC report; an earlier unedited version was inadvertently attached to the CMR, but the updated version was emailed to Councilmembers on Friday September 16, 2011 and is included with this report. The comment made by Boardmember Wasserman was included, in context: “When we started this project it was rental housing. It is now for sale housing. I am getting the bait and switch feeling.” These comments are reflected in both the unedited and edited versions of the ARB verbatim minutes. Moss: “Neither the Planning Commission minutes nor my letter to the Planning Commission are attached to the report despite the statements on (CMR) p. 5 and p. 6.” Staff Response: The PTC minutes of August 24, 2011 and Mr. Moss’s email letter of August 21, 2011 referred to in the report were inadvertently omitted from the attachments. These were emailed to the Councilmembers on September 16, 2011 and are attached to this updated CMR. Moss: “CMR P. 6, the consultant’s view that indoor air monitoring is not the most effective means to assess impacts is at variance with EPA and members of the Moffett Field RAB and general practices.” Staff Response: Indoor air monitoring within the basement is proposed and supported by the City’s consultant and the Regional Water Quality Control Board as a part of the project. In addition, the applicant has now proposed one-time testing within the three above ground floors of the building, not required by the Regional Board. EPA does not have jurisdiction over this project and an assumption that they would require indoor air monitoring is highly speculative. Finally, Mitigation Measure MM-4 sets forth protocol for management of the on-site contamination, including third party inspections of the full vapor barrier and vapor intrusion mitigation system (VIMS). Moss: “CMR P. 6, 1st item. Although the ARB approved the overall design and appearance several ARB members expressed concern about such a massive structure and the negative impact it would have if the trees in the railroad right of way were removed. The vines on the rear wall would not cover the entire structure and in no way would soften the massive appearance from Alma and to riders on the tracks behind the building. Planning commissioners and past councilmembers strongly objected to the scale and mass of the building. Before the project was begun Mr. Hohbach asked a number of community representatives to view 4 models proposed for the site. I was one of them. All community members strongly rejected the design before you tonight and preferred 2 separate buildings with a courtyard between. The community was asked to participate and their preferences were then ignored. It is time for the Council to recapture the need for scale, quality, and compatibility in developments and reject this proposal.” Staff Response: The GM zone permits buildings 50 feet in height, whereas the Park Plaza Building is primarily 40 feet in height, with only the corner tower (an equipment screen) is greater than 40 feet tall. The applicant did modify the current project’s building facade that fronts Caltrain right of way for the current application, with additional vertical relief and horizontal height variations, in addition to the vegetation referenced by Mr. Moss (the vines were reported to grow 30 feet tall by the applicant’s landscape architect). The project’s redesigned façade was reviewed by the ARB, with 3 of the 5 members recommending approval of the redesign, and approved by the Director as having met the ARB approval findings. One of the two members recommending against project approval still noted concern about the vines. The Applicant has stated that it is very unlikely that the Joint Powers Board (JPB) would ask for removal of the trees, noting that Sprint maintains a building (valued at over 1 million dollars) in the ten-foot wide strip, from which the JPB receives substantial income. In addition, the applicant has noted the JPB would lose its access to its property through the ten-foot wide access route on Park Plaza property being provided adjacent to the Akins Body Shop site. Nevertheless, the architectural features of the project are within the purview of the Council to modify if the appropriate architectural review findings are made. Moss: “CMR P. 6 2nd item. Dependence on a TDM program to reduce parking needs assumes that residents and many of the workers will use the train. In fact less than 10% of the residents at Palo Alto Central use the train, and the total number of riders using the train at the California Ave station was 941 in 2008. If 450 of them are workers (to and from California Ave = 900 worker trips/day) that is less than 2% of the workers in Stanford Research Park. There are no penalties or corrective action if the offer of TDM passes is ineffective and few workers use them. Therefore the assumption that parking is adequate rests on fond hopes not reality.” Staff Response: The project includes a request for a 22% reduction (approximately 86 spaces) in the number of on site parking spaces. With its TDM program, shared (office and residential) uses, and location near transit, the project would be eligible for a maximum 30% reduction. Staff does not have data regarding train usage by Palo Alto Central or other nearby developments, but does note that the vehicle per household ratio in Census tracts close to the City’s two Caltrain stations are considerably less than in the City as a whole (generally without any TDM program or transit incentives). The TDM program is attached to the CMR (Attachment Q). Moss: “CMR P. 6 3rd item. The comments at the ARB meeting by staff and ARB members implied that the building permit had been both requested and issued, but then retracted when staff realized the error. Glad that actual issuance was not done, but just asking for the building permit before the ARB hearing, let alone approval, violated the explicit Council directive. As noted the chair of the ARB chastised Mr. Hohbach.” Staff Response: There is no active building permit application. Moss: “CMR P. 7 1st item. There are no other projects in Palo Alto where a residential building is directly adjacent to the railroad right of way. As noted Palo Alto Central has an open space between the building and the railroad property. Homes and apartments along Park have setbacks from the rear property line.” Staff Response: The City’s 1998 Comprehensive Plan Housing Element Housing Sites Inventory identified potential housing sites most suitable and likely to be developed for residential purposes. Included on this list is a 3.92 Acre site associated with a 120 unit minimum yield, and the site includes a 1.56 Acre portion of the Park Plaza site. Staff is not aware, however, of the proximity of all existing sites to the rail right-of-way, though it appears that most projects have some kind of buffer. Moss: “CMR P. 7 3rd item. Non-residential uses are not and never have been required to make housing a viable use of land in Palo Alto. Claiming that it reduces housing costs does not make it so. It certainly does increase traffic, parking needs, and worsens the jobs/housing imbalance. Regardless of whether the R&D exists, housing on the site will sell for market rate + 10%. Having R&D will not reduce the cost of housing to buyers by a penny. It can increase profits.” Staff Response: The applicant provided a statement to the previous Planning Director noting his need to have the requested commercial use at the ground floor to support the proposal for housing on the site. Staff believes the primary policy consideration, however, is not whether the office/R&D use is necessary financially, but whether the housing is appropriate. Moss: “CMR P. 7 item 4. Limiting the types of biological agents is better than the previous lack of limits, but allowing any hazardous materials in R&D space below housing is a very bad idea. Did anyone learn anything from the fatal explosion from a single gas cylinder in Menlo Park on Sept. 2?” Staff Response: A condition of approval was added that would allow for only Level 1 biological materials, which generally include non-contagious viruses only. If desired, Council could add a condition to restrict the R&D space to preclude any biological materials. Moss: “CMR P. 7 Item 5. The project does not comply with the Comprehensive Plan, Zoning Ordinance, Land Use Map, and established policies. ARB approval specifically excluded Comprehensive Plan and Zoning compatibility review. However the Planning Commission agrees that this proposal violates the Comprehensive Plan, Zoning Ordinance, and Land Use Map and they rejected it 4-2. I cited a number of Plan policies and Programs that the project violates. I am sure that Councilmembers Holman and Burt can use their experience on the Planning Commission to find even more violations of planning and zoning.” Staff Response: The ROLUA and ARB staff report reference eight Comprehensive Plan policies supporting ARB Approval Finding #1 (these policies are also noted in the Initial Study/MND). Following comments made by PTC members regarding the Tentative Map findings, staff modified findings #3 and #6 to better support the two findings the PTC majority noted they could not support. Moss: “The offer to test indoor air in the residential area after construction is complete is better than the past conditions, but is inadequate as continuing monitoring is required, not just a single test after construction. That is particularly necessary for this project sitting next to the railroad tracks. Over time the vibrations from 70 to140 trains/day could damage the vapor barrier and sub-slab system so ongoing testing is required.” Staff Response: The proposal includes ongoing monitoring of indoor air in the underground garage, as described in the MND. If this monitoring discloses the presence of VOCs at any time, the Water Board can then decide what, if any, additional air monitoring steps or mitigation measures are required. If proximity to the railroad tracks creates any problems this would first be noticed in the air sampling in the underground garage. The applicant’s proposal for one-time sampling of indoor air on all floors, including the two residential floors, does not appear to be beneficial, as the City’s consultant has noted that other environmental factors in a residence may affect the monitoring. Council could, however, extend the condition on an ongoing basis if desired. Moss: “CMR P. 8-9. The example of housing over a toxic plume at Campus for Jewish Life is exactly what EPA and many experts prefer for housing developments in Superfund sites. Ground floor parking with housing in a podium resolves the problems of vapor intrusion. That would be a good design for 195 Page Mill.” Staff Response: Staff believes that design with an entire-block, first level parking structure with no commercial-pedestrian activity at street level is not considered to be good pedestrian-oriented design within a PTOD area. The ARB worked toward ensuring the provision of pedestrian amenities and ground floor fenestration, particularly along Park Boulevard, to meet PTOD context based standards. Moss: “EPA has tried to get the Water Board to make its policies, positions, and corrective actions more consistent with those of EPA with very limited success. In June EPA representatives met with the Water Board in an effort to get more consistency between the two groups in addressing vapor intrusion. No agreements were reached. EPA personnel observed that apparently the Water Board does a good job with water. At the RAB meeting September 8, EPA personnel noted that the Water Board continues to act independently and not always consistent with EPA policies. Therefore the requirements and restrictions at 195 Page Mill imposed by the Water Board are not best practices nor adequately protective of occupants health. Staff has taken the approach that since the Water Board is the agency overseeing Superfund activities in Palo Alto, if they are satisfied with what is proposed, then everything must be OK, or if not OK, it’s the fault of the Water Board, not anyone on staff. Bad approach to the issues. If the government agency outside of Palo Alto that is directly responsible for protecting public health and safety is not doing an adequate job, and be assured the Water Board is not, then it falls on all of you to exercise proper controls and requirements so that future inhabitants in Palo Alto will not be at needless risk of cancer and other diseases caused by TCE. The potential for TCE vapor intrusion and the probability that public health and safety of residents will be compromised from the proposed development also is justification to deny the project.” Staff Response: There is no evidence that the EPA would require additional mitigation for this project, were the project within its jurisdiction. EPA is now working more closely with the Water Board to review Palo Alto projects, but has not indicated any additional measures necessary for this project. Staff believes that the mitigation required is more stringent than the Regional Board would have required, and that it is basically the most extensive protection available, other than simply not building the project. Moss: “I must admire the careful way staff, Mr. Hohbach, and the consultants are avoiding the Elephant in the Room – the high levels of TCE in soil gas. A consultant overseeing the toxics issues at the Grant, Sheridan and Birch project advised against building any occupied building over an area where the soil gas level for TCE was 6400 grams/cubic meter. Accordingly only the garage extends over this high TCE area. Of course with no vapor barriers TCE will go into the garage and from there unimpeded into the occupied spaces. The rear third of 195 Page Mill has soil gas test results for TCE of 23,500, 25,000 and 150,000 grams/cubic meter or 3.7 to 23.4 times the level at Birch and Grant that was considered too high to allow occupied buildings above. Every time I mention this sad fact there are evasive replies, for example the restriction at Birch Plaza doesn’t apply to 195 Page Mill because they are different locations and the Water Board had no complaints about the high level of TCE in soil gas. On the other hand EPA was surprised to hear of such high levels of TCE in the soil gas. Apparently 150,000 grams/cubic meter exceeds any levels found at MEW. The prudent approach to mitigating these high levels of soil gas TCE is to prohibit both occupied buildings and underground garages at the rear of the site so that vapor intrusion is avoided. The area can be used for landscaping and surface parking.” Staff Response: The Birch Street site does not require nearly the same level of mitigation, i.e., full vapor barrier and active ventilation, as is proposed at 195 Page Mill Road. The Regional Board has approved the different approaches to the two sites, as EPA has made site specific determinations at the Mountain View site. Moss: “CMR P. 9, Housing Density concessions will open the way to destruction of zoning and land use controls in Palo Alto and eventually the elimination of many R-1 neighborhoods, to be replaced by high density housing if the current staff interpretation of GC65915 is applied. It is not necessary to grant any concessions in order to get 20% of the units dedicated to BMR housing. For over 35 years Palo Alto has required a new housing development to include BMR units. Currently the required level is 15% BMRs. Thousands of housing units have been built here with the required percentage of BMR units, or payment in lieu of units, resulting in almost 1500 BMR units. None of these developments required a concession to provide BMRs. An increase from 15% BMRs to 20% BMRs can be obtained by applying existing Palo Alto regulations plus density bonuses without granting any concessions. Using GC 65915 to obtain BMR units can reduce, not increase the number of BMR units. For example, a concession to allow multifamily units where they normally are prohibited can be imposed by offering 10% BMRs and insisting on a concession, where under city law there is already a requirement for 15% BMRs when built in a zone that allows housing without concessions. Follow the logic of granting concessions for 20% BMRs. A developer, Howard Hightower (call him Mr. HH) decides to build a 5 unit condo project in the 800 block of Seale. One of the units will be a BMR, so Mr. HH provides 20% BMR units and insists on 2 concessions –allowing RM-30 equivalent in R-1, and increasing FAR to 1.25 from 0.43. Of course staff agrees that this is a valid request and application of GC65915. Seeing the success of HH, developer Mr. II asks for approval of his 5 unit condo with a BMR unit in the 1500 block of Madrono, followed by Mr. JJ who wants to build his 5-unit condo with a BMR unit in the 1200 block of Harriet, and MR. MM who asks for approval of a modest 5-unit condo with a BMR unit in the 4000 block of Orme, followed by Mrs. NN with plans for a 5-unit condo with a BMR unit in the 700 block of Homer and Mr. OO who proposes a 5 unit condo with a BMR in the 3400 block of Janice. Mrs. PP then requests concessions for her 5 unit condo in the 2200 block of Park. What an interesting way to meet the ABAG housing requirements. In fact concessions can be denied if they are not needed to provide for affordable housing costs per GC 65915 (d)(1)(A) since 15% BMR units already are required without concessions per PAMC. In addition the concessions can be denied if they will result in safety problems or if they do not contribute significantly to the feasibility of lower income housing per GC65917. Granting a concession for 10% BMR units undermines long-standing requirements for developers to provide 15% BMR units, so using GC 65915 to get a concession for providing 10% BMRs actually reduces BMRs because applying long-standing city laws the developer is required to provide 15% BMRs with no incentive, not 10%.” Staff Response: The claims made regarding the application of Government Code 65915 are not correct. Mr. Moss made the claim, in his 2007 lawsuit, that the City exceeded its authority in granting concessions on this project in exchange for 20% BMR units. The court specifically rejected this claim, however. Staff acknowledges that this project is not a good example of the use of the housing density law for concessions, but it has been upheld legally and, given the complexities of the changing zoning regulations for this site, appears to be an equitable approach. There are no other sites in the City that have similar circumstances regarding changes in zoning and allowable uses, that might then take advantage of these provisions. Moss: “Herb Borock pointed out that not all of the site was identified as a potential housing location. Therefore 2901 Park can and should be excluded from housing and retained in GM. That reduces the project area to 1.6 acres from 2.5 acres and reduces the number of allowable housing units accordingly.” Staff Response: The 3.92 acre Housing Sites Inventory diagram included the portion of Page Mill Road north of Park Boulevard, the parcel formerly considered for a public safety building, a portion of Caltrain right of way (ROW) adjacent to the former public safety building site, and a 1.56 Acre portion (net lot area) of the subject property. Attachment M includes a map showing this site. With development of the Park Plaza project, the Page Mill Road ROW adjacent to the site would be retained as a public street rather than converted to a housing site. The Housing Sites Inventory, however, specified an RM-40 zoning density for the site, which yields more than 84 units. Moss: As both I and Herb Borock have stated repeatedly, this project violates CEQA and cannot proceed without a full EIR. The MND is inadequate and unacceptable. Staff Response: The prior mitigated negative declaration (MND) was found by the court to be adequate, other than the procedural requirement to re-circulate the document prior to project approval. All impacts are still found to be reduced to a level of “less than significant” following implementation of the mitigation measures. The level of analysis in the EIR, particularly for the groundwater contamination and noise issues, would not have been greater than that provided in the MND. Staff also assured that the more stringent approach to groundwater contamination was required (full vapor barrier with active ventilation) for the project to reduce the potential for argument that additional measures should be required. Moss: The best approach to development of this site is to reject the current application and the ARB approval of this project. Rezone the entire site to RM-30, and require that any and all developments comply with standard zoning parameters, with the exception that no underground garage or residential space shall be placed over the 1/3 of the site that runs along the railroad right-of-way and exhibited high levels of TCE. It also is possible to rezone the site PTOD with or without restrictions on whatever is developed there. Staff Response: Comments noted. CMR 10-3 ATTACHMENT T –RESPONSES TO RESIDENTS’ PRE-9-19-11 EMAILS A.Art Liberman (751 Chimalus Drive) 9/16/11 Email Excerpt: “You should learn from the accidents at Menlo Technologies and CPI and insist that any building projects where hazardous or biohazardous materials in Palo Alto are used will be confined to buildings that are adequately separated from residential structures.Please make your decision to reject this proposal now, before the structure is built, residents move in and an accident occurs.” Staff Response:The City’s Fire Marshal Gordon Simpkinson states “the accident in Menlo Park was due to introducing gas at 2000 psi into a container designed for no more than 300 psi. There was no risk to anyone further than a few feet from the vessel.There was no release of toxic or harmful fumes mists or vapors in any significant quantity. Such an accident could have happened with nitrogen or compressed air, such as a scuba tank stored in a residential unit by a hobby scuba diver or an oxygen tank for a resident with emphysema. The pressure was too much for the container it was placed in. The violation that occurred was of OSHA’s requirement not to over-pressurize a container, not of any local restrictions on hazardous materials. Only people in direct proximity to (a few feet from) the device that failed would suffer injury or death –the victim died from impact of the object hitting him, not as a result of toxic fumes or combustion.” The CPI site in Palo Alto involves bulk storage of materials and quantities which do not correlate to the 195 Page Mill Road proposal. Additionally, as mentioned previously, staff has suggested limitations on biohazards to Level One, generally non-infectious viruses (see ROLUA Section 7, condition 2a). B.Herb Borock 9/19/11 Email Excerpt: Mr. Borock’s email’s letter and attachments submitted September 14, 2011 were contained in the September 19, 2011 packet within Attachment M. Below is an excerpt of the email sent to Council following the packet distribution. Borock: “A continuation will also give the applicant the opportunity to sign a revised Mitigated Negative Declaration that contains the correct application number, and to provide a written agreement that he will abide by the requirements of Government Code section 65915 for affordable for-sale housing units for moderate income residents.You need to find out from staff whether there are any permit streamlining deadlines that require you to act by a date certain.For example, on what date were the applications deemed complete, and on what date must the Council take action?” Staff Response: The MND (Attachment C), which clearly refers to the project in all other ways, now contains the correct application number shown in underlined text. The application meets permit streamlining requirements, since the project was modified a few times along the way, initiating new review timeframes. The City’s zoning code requires, however, that the appeal and tentative map be reviewed by Council not later than 30 days after action by staff and the PTC, respectively. Staff has, with the applicant’s concurrence, grouped the two applications so that Council could consider the totality of the project. Borock: The Environmental Assessment (9/19 Packet Page 460), the place for the applicant's acceptance of the revised mitigation measures (9/19 Packet Page 558), and the applicant's acceptance of the mitigation measures (August 24, 2011, staff report to the Planning and Transportation Commission, Attachment D, page 99) show the Architectural Review application number as 08PLN-00000-00281.08PLN- 0000-00281 is the application number for two new wall signs at 145 Addison Avenue submitted on September 8, 2008.The applicant's previous application had the application number 05PLN-00000-00281, but that doesn't mean that the current application number also ends in the number 281. Staff Response: The ROLUA has the correct application number at the top in bold; the planner had inadvertently used a different application number on the Project Title cover page of the Initial Study and on the footers. This will be corrected on the copy for filing at the County of Santa Clara. The project description and Initial Study clearly described the current application and conditions. Borock: The Record of Land Use Action on at least the first two pages (Section 1.A at the bottom of 9/19 Packet Page 406 and Section 1.B at the top of Packet Page 407) shows the application number as 08PLN-[00000]-00296.08PLN-0000000296 is the application number for a new 2,032 square foot community center at 574 Arastradero Road submitted on September 18, 2008. The correct application number for the current Architectural Review application is 08PLN-00000-00295.The Tentative Map application is correctly shown as 10PLN- 00000-00344. Staff Response: The ROLUA has been updated to ensure the correct file numbers are used throughout. Borock: I was able to use the City website search feature to readily find the entries in the Accela reports system for the two incorrect application numbers, but was unable to find either of the correct numbers in the Accela reports system using the same search feature.Maybe you will have better luck. Staff Response: Accela (the City’s permit software system) does include both the ARB application (08PLN-00295) and the Tentative Map application (10PLN-00344) when one types “195 Page Mill” without typing “Road”. Borock: The staff report is missing a copy of the page 4 of the Appellant's letter. Packet Page 455 is page 3 of the letter, and Packet Page 456 is page 5 of the letter. The missing page occurs in the middle of the Appellant's argument about the financial feasibility of the proposed residential use. Staff Response: Page 4 of the Appeal was emailed to Council on Friday, September 16, 2011 and Attachment B has now been made whole. Borock: The top of page 6 of the staff report (ID #1982) says that Attachment J is a letter to the Planning and Transportation Commission from Robert Moss. Attachment J is the Park Plaza Mitigation Monitoring Program. Staff Response: The Moss letter to the PTC is now correctly noted as within Attachment U. Borock: Attachment M includes a different letter from Robert Moss,but his letter to the Planning and Transportation Commission is not attached to the staff report. Staff Response: Appellant Moss’s letter to the Commission is now attached (included in Attachment U). Borock: Other letters to the Commission from Richard Placone and Herb Borock are also not attached to the staff report, nor are public letters to the Architectural Review Board. Staff Response: All of the letters to the Commission are now included in Attachment U. Borock: The top of page 4 of the staff report (Packet Page 307) refers to a draft Below Market Rate (BMR) Housing Agreement that is not attached to the staff report, and that would not constitute substantial evidence if it were attached, because it is a draft that has not been agreed to by the applicant. Staff Response: The prior agreement was not attached to the CMR by staff. However, it was attached within Attachment M for September 19, 2011 and remains there. This was the agreement the Applicant had signed for the previous (2007) project. Borock: Instead of a reference to a staff work product, the staff report should have attached the actual BMR Housing Agreement signed by the applicant to provide the Council and the public an opportunity to comment on whether the BMR Agreement uses the language in Government Code section 65915(c) for maintaining the for-sale residential units affordable for moderate income residents, and satisfies the requirement of section 65915 that all 84 units be provided for sale to the public and not kept as rentals either by the applicant or by someone who buys some or all of the units to provide financing to the applicant. Staff Response: The practice is not to attach the BMR Agreement letter to CMRs. Condition #18 requires deed restrictions of the 17 units as affordable in accordance with Government Code Section 65915 to be recorded in conjunction with the recording of the Final Map. Borock: The verbatim minutes of the August 24, 2011, Planning and Transportation Commission meeting that are referred to on Packet Page 398 are not attached to the staff report. Staff Response: The minutes were provided to the Council on Friday, September 16 and are attached to the CMR (Attachment E). Borock: The hazardous waste plume map referred to in the staff report on Packet Page 401 is not attached to the Mitigated Negative Declaration, Attachment C to the staff report. The hazardous waste plume map for the MEW plume that is referred to on Packet Page 644 is not attached to Attachment K, the applicant's supplemental information regarding vapor intrusion. Staff Response: A map of the COE plume in provided within Attachment U to the CMR. Borock:A written version of the outside counsel's opinion about RM-40 zoning standards referred to on Packet Page 40 is not attached to the staff report. Staff Response: Staff did not find the reference mentioned and there was no outside Counsel’s written opinion regarding the RM-40 zoning standards. Borock: Recent case law in Palmer v. Los Angeles says that the City can compel Below Market Rate units for rental housing projects when the applicant seeks the concessions provided by Government Code 65915. The City's list of Housing Inventory Sites includes only about 1.56 acres of the project site and requires a minimum dwelling yield of 30 units per acre for the site (Housing Opportunity Site #8-11).Therefore, the Council is required to approve only 46 units to comply with State housing law as it affects the site's inclusion on the list of Housing Opportunity Sites. The Pedestrian and Transit Oriented Development zone district overlay contains language that implements Government Code section 65915 by providing bonus floor area and bonus market rate housing units for a specified percentage of Below Market Rate units. Staff Response: The request for concessions under State law is only allowed because the applicant offers 20% of the units as affordable housing, whether rental or for-sale. The Housing Sites Inventory outlines the minimum number of units expected on a site, using an average density of 30 units per acre. The Inventory also notes that such sites should be zoned 40 units per acre. Thus, a greater number of units may be provided, compliant with other requirements. While the PTOD does provide greater floor area, staff understands that a local agency’s regulation may not override the Government Code in this respect. In fact, however, the achievable density and intensity for this site under PTOD zoning would allow for a total FAR of 1.2 for residential + .25 for R&D = 1.45, as compared to the 1.5 requested by the applicant. 3700 3800 300 3100 3300 4000 200 3500 100 3300 2700 3100 200 3000 400 2800 2900 2600 100 2500 500 3200 300 4 00 3000 3100 6 00 3100 3000 3200 2900 330 4 0 0 1500 1600 1600 1500 0 1800 1800 200 1800 300 1700 1900 8 00 8 0 0 2800 7 0 0 2700 2800 2900 700 800 2600 2300 1200 2200 1400 2000 2000 2200 2000 2200 2200 0 1400 1600 2000 2600 900 600 600 3200 3300 3600 3700 200 3400 1200 600 800 1900 1800 400 600 2000 2100 2000 2200 2000 2100 2000 800 2200 2000 1000 2300 2000 2000 1700 2500 400 2400 2700 500 200 2800 3400 3500 300 400 2900 3000 2800 100 3000 200 3300 3000 400 300 2400 2300 300 2200 2200 100 2300 200 2000 100 1800 2000 1900 2100 2000 200 300 1900 2600 1 0 02400 300 200 2700 100 2500 2500 2100 2100 200 2300 300 200 400 4 00 500 2 0 0 400 300 2400 2600 2400 300 500 2400 2300 500 2300 2200 600 700 28 1400 100 1700 1800 600 3400 3200 2200 500 2000 600 2500 2700 2600 2600 2700 2800 3100 3200 2200 2200 2000 2200 2000 2200 200 400 600 2900 2900 1200 2400 2200 3100 800 900 700 3000 800 1300 600 800 700 100 200 600 600 6 00 700 Curtner Avenue Ventura Avenue ne Emerson Street Ventura Court Park Boulevard Cypress Maclane E Emerson Street Loma Verde Avenue Brys o n A v e n u e Midtown Court Cowper St Gary Ct Waverley Street South Court Bryant Street Ramona Street Alma Street Coastland Dr Byron Street Middlefield Road Gaspar Ct Moreno Avenue El Carmelo Avenue Campesino Avenue Dymond Ct Martinsen Ct Ram ona Street Bryant Street Towle Way Towle Pl Wellsbury Ct Flowers Lane Mackall Way Cowper Street South Court W a v e rle y Stre et El Verano Avenue Wellsbury Way L a Middlefield Road Sa yn e Court Ellsworth PlSan Carlos Ct Wi Sutter Avenue Price Ct Stern Aven C olora d o A ve n u e Randers Ct Ross Rd. S yca m o re Driv e Sevyson Ct Ross Road Stanford Avenue Amherst Street Columbia Street Bowdoin Street Dartmouth Street Hanover Street College Avenue California Avenue Hanover Street Ramos Way (Private) Hansen Way Tippawing Whitsell Stre enue Fernando Avenue Matadero Avenue Lambert Avenue Hansen Way Margarita Avenue Matadero Avenue Wilton Avenue Oxford Avenue Harvard Street California Ave Wellesley Street Princeton Street Oberlin Street Cornell Street Cambridge Ave College AvenueWilliams Street Yale St Staunton Ct Oxford Avenue El C a mino R eal Churchill Avenue Pa r k Bo ule v a r d Park Avenue Escobita A venue Churchill Avenue S e q u oia A v e n u e Mariposa Avenue Castilleja Avenue Mira m o nte A ve nue M adro n o Avenue P ortola A venue Manzanita Avenue Coleridge Avenue Leland Avenue Stanford Avenue Birch Street Ash Street Lowell Avenue Alma Street Tennyson Avenue Grant Avenue Sheridan Ave Jacaranda Ln El Camino Real Sherman Avenue Ash St Page Mill Road Mimosa Ln Chestnut Avenue Portage Avenue Pepper Avenue Olive Avenue Acacia Avenue Emerson Street Park Boulevard Orinda Street Birch St Ash Street Page Mill Road Ash Street Park Blvd College Avenue Cambridge Ave New Mayfield Ln Birch Street California Ave Park Blvd Nogal Lane Rinconada Avenue Santa Rita Avenue Park Boulevard Seale Avenue Washington Ave Santa Rita Avenue Bryant Street High Street E merson Street C olora d o A v e S treet Ramona Street Bryant Street South Court El Dorado AvenueAlma Street Alma Street High Stre et Emerson Waverley Oaks (Private) Washington Avenue Brya nt Street South Court Waverley Street Emerson St Nevada Ave N Calif Ave Ramona St High Street North California Avenue Oregon Expwy Marion Avenue Ramona Street C olora d o A v e n u e Waverley Street Kipling Street South Court Cowper Street Anton Ct Nevada Avenue Tasso Street Tasso Street Oregon Avenue Marion Place W e b ster St Middlefield Road ad Drive C olora d o A v e n u eTennyson Avenue Street Emerson Street Alma Street Byron Street Webster Street Marion Avenue Sedro Ln Peral Lane Madeline Court Green Court Oregon Expressway Sheridan Ave CalTrain RO W CalTrain RO W Lane 66 Lane 66 Stanford AvenueEscondido Road Comstock Circle A ngell CourtCourt kins Cour t McFarland Court Olmstead Road S erra Stre et H o skins Court Thoburn Court H u l me Court Barnes C o u r t Olmstea d R o ad Ol m ste ad R o a d Olms t e a d Road Abrams Ct Dud ley Lane El Dorado Avenue Clara Drive Alma Street Webster Street d Dr Sutter Avenue Rosewood Dr Rosewood Dr S utter A v e nue Kipling St Avalon Court Kipling Street Margarita Avenue Lambert Avenue Matadero Avenue Wilton Avenue El Camino Real Page Mill Road Alma Street Sherman Avenue Grant Avenue Sheridan Ave This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend 1320ft buffer (SCVWD) city pa (SCVWD) Plumes (SCVWD) Channel Centerline (CPA) Creeks (SCVWD) Road centerline (CPA) convertsms83 pa (SCVWD) Dc past (SCVWD) Dry cleaners (SCVWD) Wells (SCVWD) Fuelleakpa (SCVWD) 0'720' CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2008 City of Palo Alto ktorke, 2008-02-25 08:48:25SCVWD Groundwater View 12 Apr 2004 (\\cc-maps\gis$\gis\admin\Personal\EnvComp.mdb) From: Richard Placone [mailto:rcplacone@sbcglobal.net] Sent: Tuesday, August 23, 2011 6:31 PM To: Planning Commission Cc: Emslie, Steve Subject: 195 Page Mill Project Dear Commission members, I am writing to you to register my opposition to the currently proposed housing/R&D project at 195 Page Mill Road. In doing so, I have read the complete report submitted to the commission by my neighbor, Bob Moss. I find Bob's analysis of the dangers that could result from this project to be compelling, and therefore the project should be rejected by the commission. I live on Chimalus Drive in Palo Alto, and am one of the neighbors of the CPI installation referred to in Bob's report. As you may or may not know, the entire Chimalus Drive neighborhood, with somewhat reluctant cooperation from the Planning Department, is fighting the CPI operations involving the storage and use of extremely toxic materials within 50 to 150 feet of our residences. I have personally experienced one of the toxic spills, which drove my close neighbor from the roof of his house where he was cleaning gutters, to seek refuge inside just before he nearly succumbed to the toxic vapors from a CPI spill. The city council is responsible for allowing CPI to move its toxic operations from a San Carlos industrial park several years ago, so that it could take advantage of lower rents in the former Varian buildings. So for the sake of money for a commercial operation, our council allowed this toxic operation to become established in our neighborhood. In spite of strong resident protest, the council then allowed CPI to increase the volume of its operations, although to a level less than CPI wanted, but totally against the residents who pleaded for no increase. The battle goes on and the final word from the city, CPI or the neighborhood has yet to be heard. Do not make the same mistake at 195 Page Mill Road. It is time the city think more seriously about the safety and well being of its residents, and this will be a good place to start. My many many thanks to Bob Moss for watching out so effectively for the city's residents. Sincerely, Richard C. Placone 601 Chimalus Drive Palo Alto Planning and Transportation Commission Aug. 20, 2011 Subject: Meeting August 24, 195 Page Mill Rd This project and the developer, Harold Hohbach, have a very long history that some of you may not be familiar with. The site also is not like almost all others in Palo Alto and needs special attention and mitigations that are not adequately addressed in the MND. The staff report has some oddities and several errors and omissions that also need to be addressed. Therefore I am sending you my comments in advance of your meeting next Wednesday. If anyone needs clarifications or discussions of anything I will be glad to try to answer them, and provide the replies to all Commissioners and interested staff. The fact that the ARB has already reviewed and approved the project does not in any way limit or restrict your actions on the proposal. It is unreasonable to limit your review to design and improvements. This is another case where a project that should have gone to the Planning and Transportation Commission first, and to the ARB only if and when you approve the concept of the project. Now staff says you can’t perform your normal review and oversight of this project. The ARB carefully avoids consideration of consistency and compliance with the Comprehensive Plan, Zoning Ordinance, and stated policies on development. They did not delve into the MND, nor consider with any rigor potential exposure of future site to toxics at the site. You should take all of these items and issues into account when reviewing the proposed development at 195 Page Mill, and be free to reject the subdivision requested or any part of the project for whatever valid reasons you wish to cite. For example, you could say that the design does not properly take into account the dangers of placing an underground garage in an area with extremely high concentrations of TCE. Or you could say that the design will cause negative impacts on nearby buildings by blocking sunlight and views and thus is rejected. Of course you can say that mixing R&D and housing in the same site, especially when the R&D would be allowed to store and use hazardous materials directly beneath housing is an unacceptable improvement. There are some oddities in the staff report. It implies that your review of the project and proposal is limited to specific issues such as street access and …. In fact you are free to evaluate all aspects of the proposal, including consistency with the Comprehensive Plan and Zoning Ordinance, adequacy of the MND, traffic impacts on a future public safety building across Page Mil Rd., and area compatibility. Some statements in the Issues table are incorrect. It is stated that since the site is identified as a potential housing site, housing must be allowed even though the site is zoned GM which expressly forbids housing. In fact any housing project in the GM zone violates the Comprehensive Plan, the Zoning Ordinance, and specific policies adopted formally by the City Council. While housing can be allowed on the site under certain conditions, it must be done in compliance with actual zoning. Initiating formal rezoning of the site to PTOD or RM-30 or RM- 40 will allow housing while retaining consistency with the Comprehensive Plan and Zoning Ordinance. Therefore rejection of this proposal is allowed and does not prevent housing from being built on the site. There is no need or reason to allow both housing and R&D facilities. Remove the R&D, eliminate the dangers of allowing hazardous materials in R&D spaces, ;limit development to housing, and inclusion of the site in the Housing Inventory is fully met. GC65915-65918 is being used to justify concessions or incentives when BMR units are offered. Hohbach Realty cites this as justification for receiving two concessions, allowing residential in a zone that explicitly prohibits residential, and a significant increase in FAR. GC65915 states the concessions need not be granted if the concession requested is not required in order to obtain BMR units. Palo Alto has a history of more than 35 years of obtaining at least 10% BMR units and normally 15% to 20% BMR units for residential developments with no need for concessions or incentives. Housing can be built on the site under normal zoning regulations if a zone change from GM to RM is applied to the site. Therefore NO concessions are required in order to obtain BMR units on this site. Density bonuses for additional BMR units have been in city codes for years, so if rezoning to RM is applied to the site, Hohbach Realty can apply for more than the normal maximum density by offering more than the required minimum number of BMR units. Again, GC65915-65918 is unnecessary to obtain BMR units for any residential development in Palo Alto that complies with long-0standing Palo Alto laws and regulations. Inclusion of R&D in the project violates the Comprehensive Plan and housing policy H-3. Over 50,400 square feet of R&D will generate at least 250 jobs. City policy is to reduce the jobs- housing imbalance. Over the past 10 years significant areas of industrial and commercial land was converted to housing, causing significant loss of tax revenues, and increasing general fund expenses, but reducing the jobs-housing imbalance. Including R&D space in a housing development at this site will encourage ABAG and MTC to require even more new housing units in their misguided efforts to force Palo Alto to make massive increases in housing. Claims that R&D is needed to make the housing affordable are demonstrably false. The only multifamily housing developments that included non-residential development have been in commercial zones where the first floor is offices or stores. There has never been a mixed use development with R&D and housing in one structure. For 35 years multifamily developments in Palo Alto have been required to provide from 10% to 40% BMR units. The current requirement under PAMC Program H-35 is 15% BMR units. Since 1975 almost 1500 BMRs were added per this requirement. Despite this firm, enforced BMR requirement, since 1980 over 4500 housing units were added in Palo Alto. This was an increase of some 19% in an already well developed city. Since 1997 3800 new housing units have been built or approved, far exceeding the 2400 goal in the Comprehensive Plan. Almost all were multifamily condos, like those proposed for 195 Page Mill Road. No concessions or incentives were required to obtain the BMR units. Housing values in Palo Alto are among the top 10 nationally for cities with both housing and commercial developments. Home sales in Palo Alto for the first 6 months of 2011 increased 25% and prices increased 8% compared to 2010. Price per square foot of homes in Palo Alto zip codes is consistently among the 5 highest in Santa Clara and San Mateo Counties. The past 2 months homes values per square foot in 94301 and 94306 zip codes have been no lower than 4th highest sales price per square foot. When zip code 94303 home sales are reported for Palo Alto sales, not East Palo Alto, it also is in the top 4 or 5 for value per square foot. No incentives or concessions are required to encourage housing in Palo Alto, and that housing must include BMR units as required by long-standing ordinances. It is stated that only 38 students would result from the project so impacts on schools are less than significant. The model for estimating students generated was the Sand Hill Corridor study. This old document incorrectly estimates students generated by new housing. Two years ago PAUSD formally stated that past projections of numbers of students generated by new housing radically unpredicted the actual numbers. On several occasions PAUSD has formally stated that additional housing developments will strain the capacity of existing school sites and classroom capacity. Last school year there was exactly one vacant elementary school classroom in the entire district. The low estimate of 23 elementary students from this project would fill that classroom – if it still is available. MM-4, on-site contamination mitigation is both inadequate and a violation of a court order by Judge Nichols which requires that no construction or demolition be done at the site until a full plan for CEQA compliance has been filed per the Court’s Peremptory Writ of Mandate which states “this Court will retain jurisdiction over the CITY’S proceedings by way of a return to this peremptory writ of mandate until the court has determined that the CITY has complied with the provisions of CEQA.” The City was supposed to file a statement with the Court describing how it planned to comply with CEQA by August 2008. That has never been done. The staff report claims that the court ruled that CEQA was complied with. That is incorrect. The court ruled that I did not make specific, detailed claims regarding technical adequacy of the MRD. That is correct, but in the case of this new application, I have made many detailed objections to the MND, supported by EPA policies and actions taken at the Mountain MEW Superfund and Superfund- impacted site and at Moffett Field. The only indoor air sampling required per MM-4-(g) is in the garage, not in residential areas as required by EPA and other jurisdictions such as the City of Mountain View. This is extremely important because the identified safe level for TCE in commercial spaces is 4.1 to 6 micrograms/cubic meter, while in residential spaces the limit is 1 microgram/cubic meter. EPA proposed reducing the safe level of TCE to 0.7 micrograms/cubic meter, with a decision expected this year. The indoor air sampling is inadequate and does not protect public health and safety, it severely risks it because residential areas are not tested, and testing will not be continued over an extended period. Long-time indoor air sampling in residential spaces is essential. Vapor barriers can fail. One such case was a home in the Whisman area of Mountain View built over a site previously occupied by GTE where the aquifer and soil are known to be contaminated with TCE. All homes built at this site have vapor barriers, but when several of them were tested for TCE in indoor air one home showed over 4 micrograms/cubic meter. The vapor barrier underground had failed. The MND acknowledges the high levels of TCE in soil gas but says there is no known source of such levels of TCE on the site. That only means that the site-based source is unknown, it does not mean that the source is from off-site such as the known HP or Varian TCE sources. Such high levels of TCE are certain evidence that spills occurred on site at some time. This issue has been raised before. The Orion Park area of Moffett Field has several local high concentrations of TCE. The Navy insisted that all TCE contamination at Orion Park came from migration of the MEW plume since there was no known use of TCE at Orion Park while it was under Navy control. EPA and NASA disagreed and insisted the Navy is responsible for TCE contamination and mitigation at Orion Park, and they prevailed. The fact that RWQCB (Water Board) approved the overall approach does not mean that it is adequate. We have been trying unsuccessfully for more than 7 years to get the Water Board to adopt normal testing and mitigation against TCE vapor intrusion risks. In June the EPA met with the Water Board trying to get a consistent approach to mitigation of toxics and vapor intrusion both for existing and new buildings at contaminated sites such as this. EPA was unsuccessful in getting Water Board to become more consistent with EPA mitigation requirements. An EPA comment after the meeting was maybe the Water Board does well with water issues. I have been trying to get the Water Board replaced as the oversight agency for all the toxic sites in Palo Alto and am working with Senator Simitian on this effort. Several years ago the Water Board was replaced by EPA at a contaminated site in Mountain View with lower levels of TCE in the water and soil than are present at 195 Page Mill Road. If it happened in Mountain View it can happen in Palo Alto. EPA action level for TCE in soil gas is 4,000 micrograms/cubic meter. The rear third of the site has TCE soil gas concentrations of 23,500 micrograms/cubic meter, 25,000 micrograms/cubic meter and 150,000 micrograms/cubic meter. Samples were taken at 16’, less than 9” under the bottom of the planned basement. Normally EPA discourages basements at such high concentrations of TCE. None of the commercial buildings constructed in the MEW toxic site in Mountain View in the past 10 years have basements. None of the buildings recently built or planned at Moffett Field at the contaminated sites have basements. The MND for the Birch Plaza site 2 blocks from 195 Page Mill Road recommended that no occupied structure be built over the area where TCE soil gas concentration is 6,400 micrograms/cubic meter, 4% of the highest TCE soil gas concentration at 195 Page Mill Road. EPA expressed concerns about putting a basement in an area with such high concentrations of TCE. TCE is a known carcinogen and suspected cause of several other diseases, particularly Parkinson’s. Here are some examples of the impacts of TCE exposure on health: In the Shannon class action which trial has been going on since January 10th 2011 in the superior Court of the District of Quebec, Canada, we have proven through the defendants’ admissions 489 cases of cancer fully documented as of October 31st 2010. The link between these cases of cancer and the TCE exposure was not part of these judicial admissions. We has a large scale postal strike in Canada though the month of June and at that the end of May 2011, the number of cancer cases had increased to 620 but all of those cases from 489 to 620 have not been fully documented yet. This is without talking about the noncancerous health problems suffered by citizens and former citizens of this small community. You may look at our WEB site Veilleux-juris.com which is bilingual (French and English) and which contains links to a CBC Fifth Estate program aired in February 2004 and to a program from the Radio-Canada network called Enquete which is also in both languages. Note that to access our English version of our WEB page, you need to go to the top right side of the MENU and click on ENGLISH. The delay that the EPA takes to finalize its chemical hazard assessments on TCE since its November2009 draft (and of course its 2001 draft) can only play negatively against the victims. Charles A. Veilleux, attorney at law My name is Debbie Vitez. We discovered in August 2005 that our home was contaminated with TCE . My husband passed in November 2010, prior to his passing he had been diagnosed with Parkinson's disease, reynolds phenomena and peripheral neuropathy, and then cancer. I too had peripheral neuropathy and respiratory problems. I found 2 immediate neighbours who also passed from respiratory problems. The lady who discovered the tumor on her thymus has started her own health study for this neighborhood. You can link to it here.. http://www.bishopstreetregistry.net/ Permitting hazardous materials in the R&D space under the residential spaces per MM-4 (h) and (i) is a prescription for disaster. No locations in Palo Alto have commercial or industrial spaces with hazardous materials on the same site as residential units. The Fire Department is grossly understaffed for hazardous materials oversight. There used to be 4 people on that staff, but when 2 of them retired several years ago they were not replaced. The remaining staff is stretched very thin just reviewing new applications for hazardous materials and use of hazardous materials in industrial and commercial sites. They will not be able to track and inspect actual hazardous material storage and use at the R&D sites at 195 Page Mill Road. Depending on site occupants to control types and quantities of hazardous materials on-site is a recipe for disaster. We have had nasty experiences with storage of hazardous and toxic materials at CPI next to Barron Park. On several occasions there have been spills and escape of harmful vapors, directly impacting neighbors who live 50 to 150 feet away. If use of hazardous materials is allowed on site, and if the inadequate indoor air sampling and excavation of a basement over high concentrations of TCE is allowed, this project clearly violates CEQA, protection of public health and safety, and common sense. The Barron Park Association Foundation, of which I am a Board member, has been working on and overseeing the Superfund sites at 640 Page Mil and 1501 Page Mill and the directly impacted area at COE for more than 20 years. We received 2 EPA Technical Assistance Grants to aid in active review of contamination, mitigations, and status of these contaminated areas. We are very familiar with both the site and the issues of toxicity, health and safety. This proposal violates established protocols for mitigation and monitoring at Superfund and Superfund-impacted sites. It also violates CEQA since the MND is inadequate and erroneous and no EIR has been required. This lack of an EIR is particularly odd since there has never before been an application for mixed use with R&D facilities allowed to store and use hazardous materials directly below residential units. This application should be rejected as inconsistent with the Comprehensive Plan, Zoning Ordinance, and public health and safety. Any future development on this site should prohibit basements under the rear third of the property, and keep occupied buildings away from this contaminated area unless they are on open podiums so that TCE vapors can be dispersed. The rear of the site can be used for parking and landscaping. Indoor air monitoring of residential spaces must be mandatory and on-going. Yours sincerely, Bob Moss 2011, attached to this letter. please recommend to the Director ?I~JPlarining and Community Environment that he revise the MN~nclude an environmental assessment of the entire project that includes the signed BMR Agreement and the Tentative Map, and that the revised MND be recirculated after it has been agreed to by the applicant to give interested parties an opportunity to comment on the entire project. If the applicant is unwilling to sign a BMR Agreement that implements Government Code section 65915 to ensure that the project is entitled to the requested concessions, then the applicant is not entitled to any concessions and the project must be denied. If the applicant does not agree in writing to the conditions in the revised MND, then the Director must require an Environmental Impact Report (EIR). If the applicant wants to proceed with the current project design without abiding by the law that grants concessions, then the project would require a Planned Community zone district, create a Potentially Significant Impact, and require an EIR. Thank you for your consideration of these comments. Sincerely I _~-' ~ Herb Borock At tachm.ents : 1. Notice of Intent to Adopt a Mitiaged Negative Delcaration, File Number 08PLN-00295 & 10PLN-00344), May 5, 2011. 2. June 7, 2011, Letter from Herb Borock to Lata Vasudevan, "195 Page Mill Road and 2865 P~rk Boulevard (08PLN-00295 & 10PLN- 00344), Proposed Mitigated Negative Declaration" (3 pages) Herb Borock P. O. Box 632 C1T'r' nf PAUl i'\LTO, CA CII '( CLERK'S OFFICE Palo Alto, CA 94302 11 SEP 28 AM ll: 37 September 28, 2011 Palo Alto City Council 250 Hamilton Avenue Palo Alto, CA 94301 OCTOBER 3, 2011, CITY COUNCIL MEETING, AGENDA ITEM #14 195 PAGE MILL ROAD AND 2865 PARK BOULEVARD (08PLN-00000-00295 AND 10PLN-00000-00344) Dear City Council: This letter supplements the information in my letters to you of September 14, 2011, and September 19, 2011. I urge you to: 1. Uphold the appeal and deny the application for Architectural Review for the project. 2. Deny the application for a Tentative Map for the project. 3. Reject the proposed Record of Land Use Action. 4. Deny the proposed Mitigated Negative Declaration and require an Environmental Impact Report for the project. 5. Deny the request to use any concessions or housing density bonus pursuant to Government Code section 65915. Any approval of the application for Architectural Review, the application for a Tentative Map, the proposed Mitigated Negative Declaration, the proposed Record of Land use Action, or the request to use any concessions or housing density bonus pursuant to Government Code section 65915 would constitute a prejudicial abuse of discretion and a violation of the California Environmental Quality Act (CEQA). ENVIRONMENTAL IMPACT REPORT REQUIRED BEFORE ACTING ON PROJECT APPROVAL An Environmental Impact Report (EIR) is required, because the project has Potentially Significant Impacts from hazardous waste that has not lis been mitigated as described in the correspondence you have received from Bob Moss. When you decide to require an EIR, you are postponing a decision on whether to approve a project until after a complete an adequate EIR has been produced that evaluates a reasonable range of feasible alternatives that mitigate the Potentially Significant Impacts to less than significant. At the appropriate time, you can influence the scope of the EIR by determining the range of feasible alternatives. DENYING THE PROJECT NOW DOES NOT REQUIRE ACTION ON ENVIRONMENTAL ASSESSMENT Only Council approval of a project requires the Council to take action on the proposed Mitigated Negative Declaration (MND) or other environmental assessment. A Council vote to deny the project at this time does not require any action on the proposed MND. GRANTING CONCESSIONS PURSUANT TO SECTION 65915 IS A DISCRETIONARY ACT The City Council has the authority pursuant to Government Code section 65915(d) (1) to refuse to grant the concessions requested by the applicant based on substantial evidence. Therefore, the Council's action on whether or not to grant the requested concessions is a discretionary act rather than a ministerial act. Specifically, the Council can refuse to grant the requested mixed use concession if there is substantial evidence that the intensity of the planned research and development uses are not compatible with the planned housing project as provided for in Section 65915(k) (2). PROJECT SITE HISTORY The Council's prior approval for an almost identical application was set aside by the court. As Assistant City Attorney Don Larkin said, the court's action means that "It's as if the project never happened." (See attached "Quote of the Week" and the article, "195 Page Mill headed for possible lawsuit, again" from the Palo Alto Weekly, August 20, 2008.) Despite the fact that ~ lawsuit was pending about the Council's approval of a planning entitlement for the previous project, the applicant gambled by paying for the architectural drawings of detailed building plans and for the checking of those plans by outside plan checker Veritas for conformance with the Building Code. When the court set aside the Council's approval of the planning entitlement, the applicant lost the money he gambled by paying for drawing and checking of detailed building plans for a project that legally never happened. The applicant gambled away substantial money by paying for those drawings and plan checking in the same way he would have lost money at a casino or a race track. The applicant now wants the Council to act as the co-dependent for his gambling addiction by approving a planning entitlement for a project for which he has already gambled and lost by paying for detailed building plans and the associated cost of checking those plans before he had a legal planning entitlement. The normal planning process is for the Council to approve a planning entitlement that is subject to court review and then, and only then, for the applicant to pay for building plans .th~t implement the approved planning entitlement. Essentially, the applicant wants the Council to approve a planning entitlement that conforms to the building plans he foolishly paid for before he had a legal planning entitlement for the previous application. The applicant's requested process is backwards and violates the City's zoning ordinance, building ordinance, and CEQA. The applicant also demolished the former buildings on the subject site more than a year ago, so the site has no grandfathered uses or floor area. PROJECT NOT COMPATIBLE WITH COMPREHENSIVE PLAN AND ZONING ORDINANCE The proposed project is located in the GM zone district and the Light Industrial land use map designation. Attached are copies of: 1. Ordinance No. 4884 that enacted zoning regulations for the General Manufacturing (GM) district; and 2. Palo Alto Comprehensive Plan page L-14 that includes the Land Use Definition for the Light Industrial land use map designation. The GM zone district prohibits housing. The Light Industrial land use map designation permits IICompatible residential and mixed use projectsll • (emphasis added) Less than a year after the City Council adopted the zoning regulations for the GM zone district, the Council adopted Ordinance No. 4914 that established the Pedestrian-Oriented Development (PTOD) combining district for the area including the site of the subject project. A copy of that ordinance is attached to this letter. The PTOD regulations implement the Comprehensive Plan's requirement for compatible residential and mixed use projects in the GM zone district, which is the only zone district that implements the Light Industrial land use map designation in the area covered by the PTOD ordinance. The PTOD regulations limit research and development uses to a maximum Floor Area Ration (FAR) of 0.25. The current project includes research and development uses with an FAR of 0.48, and housing with an FAR of 1.02. The current project's research and development FAR is almost double the amount defined in Ordinance No. 4914 as compatible with housing having an FAR of 1.0. Government Code section 65915(k) (2) says, "For the purposes of this chapter, concession or incentive means ... Approval of mixed use zoning in conjunction with the housing project ... if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located." The proposed project's requested mixed-use concession with a research and development FAR of 0.48 is not a valid concession, because it is not compatible with the housing project and, therefore, violates State law. Thus, the Council can make a finding based on substantial evidence that" [t]he concession or incentive would be contrary to state or federal law" as provided for in Section 65915(d) (1) (C) I and the Council must deny granting the concession and reject the project. Thank you for your consideration of these comments. Sv Herb Borock Attachments: 1. "Quote of the Week", Palo Alto Weekly, August 20, 2008. 2. "195 Page Mill headed for possible lawsuit, again", Palo Alto Weekly, August 20, 2008 (2 pages) . 3. Ordinance No. 4884 (11 pages). 4. Palo Alto Comprehensive Plan, Land Use and Community Design, pages L-l and L-14. 5. Ordinance No. 4914 (27 pages, plus Exhibit A) . sIs ORDINANCE NO. 4884 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO UPDATING THE OFFICE, RESEARCH, AND MANUFACTURING DISTRICTS OF TITLE 18 [ZONING] OF THE PALO ALTO MUNICIPAL CODE BY ENACTING PORTIONS OF A NEW CHAPTER. 18.20 [OFFICE RESEARCH, AND MANUFACTURING DISTRICTS] The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: (a) That in December 2000, the City Council approved a work plan for the Zoning Ordinance Update involving the preparation of a new Title 18 (Zoning Code) of the Palo Alto Municipal Code (PAMC) , including the update of existing land use chapters and processes as well as the preparation of chapters for new and revised land uses; (b) The 1998-2010 Palo Alto Comprehensive Pla.n includes programs and policies related to the In.dustrial and Manufacturing districts. The Zoning Ordinance. Update was initiated in part to accomplish these programs and policies. (c) The last comprehensive update.of the Palo Alto Zoning Code took place in 1978. SECTION 2. Portions of Chapter 18.20 [Office Research District Regulations] are hereby enacted to read as follows: Chapter 18.20 OFFICE, RESEARCH, AND MANUFACTURING DISTRZCTS Seotionsl 18;20.010 Purposes 18.20.020 Applicability 18.20.030 Land Uses 18.20~040 Site Development Standards 18.20.050 Performance Criteria 18.20.060 Grandfathered Uses 1 041109 syn 0120051 18.20.010 Purposes (a) Medical Office and Medical Research (MOR) District [NOT ADOPTED BY THIS ORD~NANCE] (b) Research, Office and Limited Manufacturing (ROLM) District The ROLM research, office and limited manufacturing district provides for a limited group of office, research and manufacturing uses in a manufacturing/research park environment, where uses requiring larger sites and available natural light and air can locate. Office uses can be accommodated, but should not predominate in the district. The ROLM district is primarily intended for land designated for research and office park use by the Palo Alto Comprehensive plan and located east of El Camino Real. (c) Research, Office and Limited Manufacturing Subdistrict - Embarcadero [ROLM(E)] The research, office and limited manufacturing subdistrict [ROLM(E)] modifies the site development;. regulations of the ROLM research, .office and, limited manufacturing district to apply to smaller sites in areas with limited access or with environmental sensi ti vi ty due to their proximity to the Palo Alto Baylands in the Embarcardero Road area. (d) Research Park District [RP] [NOT ADOPTED BY TH~S ORD~NANCE] (e) Research Park Subdistrict 5 [RP(S)] [NOT ADOPTED BY THIS ORD~NANCE] (f) General Manufacturing District [GM] 'The GM general manufacturing district provides for light manufacturing, research, and commercial service uses. Office uses are very limited in order to maintain the district as a desirable location for manufacturing uses. The GM district is intended for application to land designated for light industrial use in the Palo Alto Comprehensive Plan. 18.20.020 041109 8yn 012005 1 Applicable Regulations [NOT ADOPTED BY TH~S ORDI~CE] 2 18.20.030 Land Uses (a) Pe~itted and oonditionally Per.mitted Land Uses dII • SHADED COLUMNS ARE NOT ADOPTED BY TH~S ORD~NANCE.] 041109 8yn 0120051 4 .. 041109 syn 0120051 ~. (6) ROLlI District. All· multi-family development in the ROLM zoning district shall be permitted subj'ect to approval of a· conditional use permit and compliance with the development standards prescribed . for the RM-30zoning district. (7) GHDistrict. All residential development is .l?rohibited in the GM zoning district. ..~. (c) De~elopment Standards for Mixed (Residential and Nonresidential) Uses in the ROLlI, ROLlI (E) , and GIl Zoning Districts Mixed (residential and nonresidential) uses shall be permitted in the ~OLM, ROLM(E), and GM zoning districts, subject to the following criteria . . (1) It is the intent of these provisions that a compatible transi tion be provided from lower density residential zones to higher density residential, non-residential, or mixed use zones. The Village Residential development type should be evaluated for use in transition areas and will provide the greatest flex!bilit:y to. provide a mix of residence types compatible with adjacent neighbor~oods. (2) ROLlI (B) Distriat. Mixed (residential andnonresid~ntial) development in the ROLM(E) zoning district shall be permitted, subject to approval of a con:litional use permit, determination that the nonresideri:tial use is allowable in the dist~ict and that the residential component of the development complies. wi th the development standards prescribed for" the· .RM-15 zon;ng district. The maximum floor area ratio (FAR) for mixed use development is 0.3 to 1. (3) ROLlI District. Mixed (residential' and nonresidential) development in the ROLM zoning district shall be permitted, subject to approval of a conditional use permit, determination that the nonresidential use is allowable in the district and that the residential component of the development complies; with the development standards prescribed for' the RM-30 zoning district. The maximum floor area ratio (F~) for mixed use development is 0.4 to 1. (4) GM District. Mixed use (residential and nonresidential) development is prohibited in the GMzonj.ng d~strict. In computing residential densities for mixed: (residentia,l and nonresidential) uses, the density calculation for_ the 7 041109 syn 01200S1 residential use shall be based on the entire site, including the nonresidential portion of the site. (d) Floor Area Bonus for Child Care Facilities [NOT ADOPTED BY THIS ORDINANCE] (e) Height and Floor Area Exceptions for Equipment Storage and Access in the RP and RP(S) Districts [NOT ADOPTED BY THIS ORDINANCE] (f) Limitations on OUtdoor Uses and Activities (1) In the GM district, outdoor sales and "display of merchandise and outdoor eating areas operated incidental to permitted eating and drinking services are permitted subject to the following regulations: (A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit. (B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, coaches, house cars, or similar conveyances shall meet the ml.nl.IDllID standards applicable to off-street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and ~creening. (C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between five and eight feet in height. This ~:equirement is not applicable to recycling centers. (2) [NOT ADOPTED BY THIS ORDJ:NANCE] (3) [NOT ADOPTED BY THIS ORDJ:NANCE] (4) [NOT ADOPTED BY THJ:S ORDINANCE] (g) Employee Showers [HOT ADOPTED BY THIS ORDINANCE] (h) Nuisances and Hazards 8 041109 syn 0120051 (i) result in increased floor area or number of rooms, (ii) result in shifting of building footprint (iii) increase the height, length, building envelope, or size of the improvement, or (iv) increase the existing degree of noncompliance. (2) If a grandfathered use ceases and thereafter remains discontinued for twelve consecutive months, it shall be considered abandoned and may be replaced only by a conforming use. (3) A grandfathered use which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a grandfathered use to a conforming use, shall not thereafter be 'Used except to accommodate a conforming use. SECTION 3. The City Council finds that the changes effected by this ordinance are exempt from the provisions of the California Environmental Quality Act (CEQA), per section 15061 of CEQA Guidelines, because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. II II II II II II II II II II 10 041109 syn 0120051 ORDINANCE NO. 4914 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING A NEW CHAPTER 18.66 TO THE PALO, ALTO MUNICIPAL CODE TO ADOPT REGULATIONS ESTABLISHING A CALIFORNIA AVENUE PEDESTRIAN TRANSIT-ORIENTED' DEVELOPMENT COMBINING DISTRICT The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings. and Declarations. The City Council finds and declares as follows: (a) That in December 2000, the City Council approved a work plan for the Zoning Ordinance Update involving the preparation of a new Title 18 (Zoning Code) of the P.alo Alto Municipal Code (PAMC), including the update of existing land use chapters and processes as well as, the preparation of chapters for new and revised land uses; (b) The 1998-2010 Palo Alto Comprehensive Plan includes several programs and poli.cies related to transit-oriented residential development. The Zoning Ordinance Update was initiated in part to accomplish these programs and policies. (c) The last comprehensive update of the Palo Alto Zoning Code took place in 1978. Provisions for pedestrian and transit-oriented development were not included in the zoning provisions in that update. (d) The City Council has consid.ered the January 5, 2006 Addendum to the Comprehensive Plan Environmental Impact Report (EIR), pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, prior to adopting this ordinance. SECTION 2. Chapter 18.66 of Title 18 .[Zoning] of the Palo Alto Municipal Code is hereby added to read as follows: II II II II 060920 syn 8260189 1 Sections: 18.66.010 18.66.020 18.66.030 18.66.040 18.66.050 18.66.060 18.66.070 18.66.010 Chapter 18.66 PBDESTRIAN AND TRANSIT ORIBNTED DEVELOPHBNT COMBINING DISTRICT Purposes Applicability Land Uses Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations Context-Based Design Criteria Review Process Non-conforming Uses & Non-complying Facilities Purposes (a) California Avenue Pedestrian and Transit Oriented Combining Distriot The California Avenue Pedestrian and Transit Oriented Development (PTOD) Combining District is intended to allow higher density residential dwellings on commercial, industrial and multi-family parcels within a wa1kable . distance of the California Avenue Cal train station, while protecting low density residential parcels and parcels with historical resources that may also be located in or adjacent to this area. The combining district is intended to foster densities and facilities that: (1) support use of public transportationi (2) encourage a variety of housing types, commercial retail and limited office uses; (3) encourage project design that achieves an overall context-based development for the PTOD overlay areai (4) require streetscape design elements attractive pedestrians and bicyc1istsi that are (5) increase connectivity to surrounding existing and planned pedestrian and bicycle facilities; and (6) implement the City's Housing Element and Comprehensive Plan. 2 060\J2O syn 8260189 (b) [Reserved] 18.66.020 Applicability (a) The California Avenue Pedestrian and Transit Oriented Development Combining District (PTOD) may be combined with any R-1, CC(2), CN, GM, PF, RM30, or RM40 district or combination of such districts within the designated California Avenue PTOD boundary (Exhibit A, reflect·ed on the City's Zoning Map), consistent with the provisions of Chapter 18.08 and Chapter 18.98. Where so combined, the regulations established by this Chapter shall apply in lieu of the provisions established by the underlying CC(2), CN, GM, RM30, andlor RM40 zoning district(s). Compliance with the provis,ions of Chapter 18.46 Retail Shopping (R) and Chapter 18.47 Pedestrian Shopping (P) combining districts shall also be required where such combining districts are applicable. (b) [Reserved] (c) A Pedestrian and Transit Oriented Development Combining D,istrict may be applied to a parcel through rezoning of the site, within the specified boundaries of the District, as shown on the Ci ty' s approved zoning maps, pursuant to the provisions and process outlined in Section 18.66.060 of this Chapter and Chapter 18.98 of the Zoning Ordinance. 18.66,030 Land Uses (a) II II II II II II The following land California Avenue Development (PTOD) limitations outlined 060920 syo 8260189 uses shall be permi t ted in the Pedestrian and "Transit Oriented " Combining District, subject to in Sections 18.66.040 and 18.66.050. 3 Table 1 -Land Uses Land Uses PTOD -Califomia PTOD -University Avenue A venue [Reserved] Multiple-family residential P housing Mixed-use development, P where residential and non-See Section 18.66.030(b) residential uses are below for specific uses combined LivelWork Units CUP Subject to limitations of Sec. 18.66.040(b) Hotel P Subject to limitations of Sec. 18.66.040(c) (P) = Permitted Use; (CUP) = Conditional Use, Use Pennit Required (b) Mixed Use development, where residential and non- residential uses are combined, may include two or more of the following uses: (1) Multi-family residential (2) Non-residential uses, limited to: (A) Retail and personal services (B) Eating and drinking services 060920 syn 8260 189 (C) Other non-residential uses allowed except on. the ground floor where an (R) overlay exists: (i) Offices; (ii) General business services; (iii) Business and trade schools; (iv) Private education facilities; (v) Day care center; (vi) Community center; (vii) Commercial recreation; (viii) Convalescent facility; and (ix) Research and development, limited to sites where the underlying zoning district is GM and involving the use. and storage of hazardous materials in quantities less than the exempt quantities allowed by Ti tIe 15 of the Municipal Code (section 105.8 of the Uniform Fire Code). 4 (c) Prohibited uses in the California Avenue PTOD: . (1) Single-family and two-family uses; (2) Manufacturing, processing, warehousing and distribution; and (3) Research and development where hazardous materials are used or stored in excess of quanti ties less than the e~empt quantities allowed by Title 15 of the Municipal Code (section 105.8 of the Uniform Fire Code) (d) All land uses must be reviewed and approved by the Planning and Transportation Commission and City Council at the time of rezoning to PTOD. 18.66.040 Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations (a) Properties in the PTOD combining district are subject to the following regulations; Table 2 . Development Standards l" ,i,). ,. c.". ".., ~:;::,,'W,'i,;c;,:I~::~ ;Yj::'; ,i:,::,; ",:,.,:;" "," .; ;.!i" "',::·i'::).\·i ':) lld"~'ii'mo'jlj-, )i;~;"ii ;~;,;: i: .. j i K."1'" 1f·~ 1\ . ,j, , , ,d(''\' :',<'''' .1,\ •• '\<i "tlif[;)' en ffRfi "If'!'.\' G' ,,~, . 't' •• , ".'" I d ' <I. • i"; . ~Ji,(ol'r\t' ').: ;·:/,:,i~;"".:': '.:,,:';;:::"', H'H 0, ":' c:. im 1. S'1"',:?"':;.~cJ,' ;i:"':~~~~'1<~lh1ih''Lr.\{i/arl'i.:'rmfu1tt' '," " tr,,'l' :,~",~"\ ~:\~'\~~'~\"·'l.': <\~~. >~ ,,', " ... t':';'\':.;!:>;~t~:ji~J.':~'I~~'~'~:f' ,a. B, d, .t. " :, ...... ~ '_ •• ~ t. ••• _ ... ...L,., ••• l •• :.c.' .. '..!.!--,-,-,I •• ,J ',_ .. '.,..;..!.L--o ..... __ ~: ...... _'.!""'.:.'_ ...... ,. __ ~. __ ;.l!.~ .. _.!....:.-...!... ......... s...!.~_\ ~:..:..:;d.-.-..-:.:,..!~:~_'-_-I~~I., ... ~._ .... __ \. .. :....::....~ •. o.-~J Max DweUing Units: 40 DU/AC2 Max FAR: 100% Residential FAR 1.0:12 Mixed Use FAR 1.25:12.3 Mixed Use Non-Total: 0.354 Residential FAR Cap Office and research and development uses: 0.25 FAR Hotels 2.0 Height: 40 feet2 Open Space Minimum area required 5 or fewer units: 200 s.f. per unit .. 6 or more units: 100 s.f. per unit , 5 060920 syn 826OJ89 I '.... . ' . , .. ', . " '., " ." 11 ':""°' \..': :: . .': :," "';C',""'" ::,. ·'·:ie' ';,~;\. 't: """""'11 "n 'If ," .. ,,"';;, ,;''':'':. ': ... :' ;" i;: .; . '., ' '1" , ." . , " . .-;' ,~,\,' ,(" . ", I) " I "",,1 ' ".,' 'l,r.,·., ,,' '," ,.'. ,I' " .; ,1:'j-\lttoTD)" ')D),);r'Wfm,·jJt\!",', ."/1' I) .~ \ _,1, 'I t'l'~' .... '\!'((' -)1 ,',(1,' 'm'·j:r:/1 .";'1,1 .. ~".t"<' \' 1""'1 4. I ,,'p ~1'~,.,rnh'tr!' "C,., ••.•. .,,,,' ""')"J[t6)ll)i~' CMl r.rilittfi ~" ,\:,"" 1,," '\;~r" ,,'. .':",;',' ,.; . 'I, : : ":,,", \, ,n"l'"'' . " @A\(ftl~fWliN~fr.lt 'J!JTItttl'." , J, " ',' r '\'~(\\'I\"'" ,," ", " '"I', 'I~~\"f)\·~f • ..t<l(~"·" .~)& \'/,:1 .<\\~ "Ij 1\" P \ \'(t' l~~. "')'I'~~~ ~':'" "I ',' 1~_,Jl ... ,\,1 , .. ,.I ... !, , ~ " ,I " : ," ... ' .. l.....:.,., ..... M ..... ' _, ._, w ,,',,,_'-~)_--::.',~ ... :~~,1_ :~'l"-"J •.• _1_.< 1:.<.\'1""''''''' !..~,',,-.:.u.~,.l..~. ~' _.~~J" ,-.-" ...... <IJ ........ _.1 ':;""'l Minimum dimensions Private open space: 6 feet Common open space: 12 feet Parking: Rates established by use, per Section 18.83.050 Parking Adjustments: See Section 18.66.040 (d) Setbacks and daylight plane requirements for properties adjacent to R-l and R~2 zones: On portion of site that abuts: Setbacks 1. Interior side yard: 6 feet 2. Rear yard: 20 feet On portion of site that abuts: 1. Interior side yard: a. Initial height at interior side lot line: 10 feet Daylight Plane b. Angle (degrees): 45 2. Rear yard: .. a. v Initial height at rear setback line: 16 feet b. Angle (Degrees): 45 Setbacks and daylight and daylight plane requirements for properties adjacent to Caltrain Right-of-Way: Setbacks On portion of site that abuts Caltrain right-of-way: 5 feet (landscaped) On portion of site that abuts Caltrain right-of-way: . Daylight Plane a. Initial height at property line w/Caltrain right-of-way: 16 feet b. Angle (Degrees): 45 I Non-residential development that is not consistent with the mixed-use limitations set forth above, with the exception of Hotels, must be developed per the underlying zoning district regulations. 2 See Section 18.66.040(e) for Below Market Rate (BMR) bonus provisions. 3 The residential component of the mixed use may not exceed 1.0: 1. 4 The non-residential component of a mixed use project shall not exceed 50% of the total square-footage of the project. 6 060920 syn 8260189 (b) Live/Work Units (1) A live/work unit, for the purposes of this chapter, is defined as a rental or ownership unit comprised of both living space and work area, with the living space occupying a minimum of 60% of the total gross floor area of the unit, and such that the resident of the living space is the owner/operator of the work area. (2) The work area shall be located on the ground level, oriented to the street and provide for at least one external entrance/exit separate from the living space. The work area may be used for office, retail, personal services, or handcrafted goods (unless otherwise limited by this Chapter), but shall not be used for restaurants or cafes or for any business involving the storage or use of hazardous materials in excess of the quantities allowed by Title 15 of the Municipal Code (Section 105.8 of the Fire Code). (3}The maximum number of employees who do not reside within the unit is two (2). (4) The signage shall not exceed' the requirements of the City of Palo Alto Municipal Code and shall require approval and reconunendation by the architectural review process prior to approval by the Director. (5) The parking requirements shall include a maximum total of two spaces for the residential unit, plus one space per 200 square feet for the gross square footage of the work area, less one space from the total (to reflect the overlap of the resident and one employee). (6) The live/work units are subject to the· development standards of the PTOD zone outlined in Table 2 for a 100% residential development, except that the maximum non-residential FAR is limited to 0.40. (7) The maximum size of a live/work unit shall be limited to 2,500 square feet. (8) The design of street frontage ofa live/work unit shall be consistent with the context-based criteria outlined for street frontage in Section 18.66.050 below. (9) A live/work unit may be converted to an entirely residential uni t where residential use on the ground floor is not otherwise prohibited. (c) Hotels (1) Hotels for the purpose of this section are defined ,as hotels, motels, or other lodging fpr wh.ich City of Palo Alto transient occupancy tax is collected. 7 060920 syn 8260189 (2) Hotels may be constructed to a maximum FAR of 2.0 and a maximum height of 50 feet .. (3) All hotels are subject to the context-based desigri . criteria outlined in .Section 18.66.0'50 below. (d) Parking Adjustments. Adjustments to the required parking standards may be allowed with the Director's approval pursuant to the provisions outlined in Section 18.83.120, with the following additional allowances and requirements: (1) For multi-family residential or mixed use projects on sites rezoned to the PTOD combining district, the Direc·tor may waive a portion of or all guest parking requirements, and may waive any requirement to provide a landscape reserve for parking, subject to the following conditions: (2) (A) The project includes a minimum of 4 residential units; (B) The average residential unit size is 1,250 square feet or less; and (C) Not more than one parking space per residential unit shall be assigned or secured, such that other required parking spaces are available to other residents and guests. Projects providing more residential units at low rates may further reduce additional 20%. than 50% of the project or very~ low income housing parking requirements by an (3) In no case, however, shall total parking requirements for the site be reduced by greater than 30% from the standard requirements, or by greater than 40% for an affordable housing project consistent with (2) above, or by more than 50% if housing for the elderly is proposed pursuant to Section 18.83.120(d) of the zoning Ordinance. (4) For any request for parking adjustments, the project applicant shall indicate parking and traffic demand measures to be implemented to reduce parking need and trip generation. Measures may include, but are not limi ted to: limiting "assigned" parking to one. space per residential unit, providing for Cal train and/or other transit passes, or other measures to encourage transi t use or to reduce parking needs. The program shall be proposed to the satisf.action of. the Director, 8 060920 syn 8260189 shall include proposed performance targets for parking and/or trip reduction, and shall designate a single entity (property owner, homeowners association, etc.) to implement the proposed measures .. ; Monitoring reports shall be submitted to the Director hot later than two (2) years after building occupancy and again not later than five (5) years after building occupancy, noting the effectiveness of the proposed measures as compared to the initial performance targets and suggestions for modifications if necessary to enhance parking and/or trip reductions. (e) Density, FAR, and Height Bonus provisions The following provisions are intended I to allow for increased density, FAR, height, and other development bonuses upon construction of addi tional below market rate CaMR) housing units. The bonus allowances shall be allowed subject to the following limitations: (1) Bonuses are only applicable where ... below marke.t rate (BMR) units are provided in excess' of those required by Palo Alto's BMR program as stated in Program H-36 of the Housing Element adopted on December 2, 2002. Key elements of Program H-36 include: (A) Five (5) or more units: Minimum 15% of units must be BMR units; CB) . Five (5) or more acres being .developed: Minimum 20% of units must be BMR units; and (C) BMR units shall meet the affordability and other requirements of Program H-36 and the City's BMR Program policies and procedures. (2) The following BMR bonuses shall be considered and may be approved upon rezoning to the PTOD district: 060920syn 82(j()189 (A) Density Increase: Density may ·be increased above the maximum base density allowed (40 units per acre) I such that at least 1 additional BMR unit is provided for every 3 additional market rate units constructed. The resultant density may not exceed (50 units per acre). Density shall be calculated based on the gross area of the site prior to development. . ca) FAR Increase: For projects with a residential density greater than 30 units per acre, the allowable residential FAR may be increased. The 9 FAR increase shall be equiv~lent to 0.05 for each addi tional 5% (in excess of the Ci ty r.equirements) of the totaL number of units that ar.e proposed as BMR units, but.may r:tot. exceed 50% of the residential FAR prior to the bonus, and may not exceed a total FAR of (1.5). (C) Height Increase: For projects with a residential density greater than 30 units per acre, the allowable project height maybe increased. The height increase shall be equivalent to one (1) foot above the maximum for each additional 5% (in excess of the City requirements) of the total number of units that are proposed as BMR units, but may not exceed a maximum height .(50 feet). (D) Other incentives for development of BMR units, such as reduced setbacks and reduced open space, may be approved where at least 25% of the total units constructed are BMR units and subject to approval by the Architectural Review Board. (3) The provisions of this section are intended to address the density bonus requirements .of State Law within the PTOD District, and the maximum bonus. density, FAR, and height may not be further exceeded. 18.66.050 Pedestrian and Transit Oriented Development (ProD) Combining' District Context-Ba~ed Desigon Criteria (a) Contextual and Compatibility Criteria Development in a pedestrian and Transit Oriented Development Combining District shall be, responsive to its context and compatible with adjacent deve;:lopment, and shall promote the establishment of a pedestrian .,and transit oriented neighborhood. (1) Context 060920syn8260i89 (A) Context as used in this section is intended to indicate relationships between . the site's development to adjacent street types, surrounding land uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies. . . 10 (B) The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to archi ~ectural style or de:sign, though in some instances relationships may be-reinforced by an architectural response. (2) Compatibility II II II II II II II II 060920 syn 8260189 (A) Compatibility is achieved when the apparent scale and mass of new buildings is consistent with the intent of achieving a pedestrian and transit oriented neighborhood, arid when new construction shares general characteristics and establishes design linkages. with the overall pattern of buildings so that the visual unity of the street is maintained. (B) Compatibility goals may be accomplished through various means, including but not limited to: (i) (ii) (iii) (iv) (v} (vi) (vii) the siting, scale, massing, and materials; the rhythmic pattern of the street establish~d by the general width of the buildings and the spacing bet''1een them; the pattern of roof lines and projections; the sizes, proportions, and orientations of windows, bays, and doorways; the location and treatment of entryways; the shadow patterns from massing and decorative features; and the treatment of landscaping 11 Members of the City Council City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Re: Park Plaza Project; S)B SIDEMAN & BANCROFT LLP One Embarcadero Center, Eighth Floor San Francisco, California 94111-3629 Telephone: 415.392.1960 Facsimile: 415.392.0827 Writer's E-Mail: jjanz@sideman.com October 14,2011 195 Page MilLRoad & 2865 Park Boulevard (hereinafter, the "Project") Ladies and Gentlemen: We represent Hohbach Realty Company Limited Partnership, the Applicant for the referenced Project. As you know, the Project was before the City Council on October 3,2011, for review by the Council of three items: 1. Appeal of Planning Director's Project Approval. 2, Approval of the Mitigated Negative Declaration (MND). 3. Approval ofa Tentative Map for 84 residential condominiums and 50,467 square feet of research and development space. Instead of acting on the issues before the Council, the City COlmcil directe'd the Applicant to pursue the Project as a Pedestrian Transit Oriented Development (PTOD), which would require rezoning and further review by the Planning and Transportation Commission as well as the City Council itself. This letter is to object to the City Council's action, which was not only unreasonable and inappropriate, but is a direct violation of Government Code § 65915, the State's density and bonus statute which facilitates the construction of affordable housing. As you know, the Project has a long history, which has been documented in voluminous correspondence over the last five years. The Project itself began in 2000 and has gone through several iterations, but the current iteration is substantially the same as the Project approved by thc City Council in 2006. Construction of the Project was then delayed by a lawsuit, which failed on every'single ground of complaint, but for one, which was the failure of the City to recirculate for public review a revised MND, which had been revised by the City Planning Members of the City Council October 14, 2011 Page 2 Dcpartment between the initial approval by the City Council and thc final approval with full findings, on a subsequent consent agcnda. Following that lawsuit, the City required that the Project essentially "start over," file a new application and begin the process anew. Undcr protest, the Applicant did just that, pursuing the Project using two concessions for 20% Below Market Rate units (BMR), and in compliance with all requests of the Planning Department and Architectural Review Board, leading to the hearing before the City Council on October 3,2011. Despite the support of the Department of Planning and Community Environment, and staff recommendation for approval, the Council got involved in side issues relating to items such as parking and even the actual design. Most importantly, however, the Council failed to approve the Project in accordance with the requirements of the Government Code § 65915. Section 65915 was established to promote the development of affordable housing within the State, and to overcome the objections of local communities to additional, and affordable, housing within their jurisdictions. The Project provides for 17 BMR units out of the total of 84 housing units. The 20% BMR units entitle the Applicant to two concessions under Section 65915. Although the Applicant still maintains its position that one concession would be sufficient to allow a mixed- use project to be constructed, regardlcss of the underlying zoning and design limitations, the Applicant agreed to increase the number of BMR units to 20% as requested by the City Council in 2006. One concession would provide for a mixed-use project in a GM zone, and the second concession was to allow for additional floor area ratio. The Applicant is entitled to the two conceSSIOns. Section 65915 provides, in relevant part, as follows: "(b) (1) A city, county, or city and county shall grant one density bonus, ... and incentives or concessions, as described in subdivision (d), when an applicant for a housing development seeks and agrees to construct a housing development, ... that will contain at least anyone of the following: (D) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income ... (d) (2) The applicant shall receive the following number of incentives or concessions: (B) Two incentives or concessions for Projects that include ... at least 20 percent for persons and families of moderate income in a common interest development." [emphasis added.] Section 65915 (d) (1) says fmiher that "[t]he city, county, or city and county, shall grant the concession or incentive requested by the applicant unless the city, county, or city and county Members of the City Council October 14,2011 Page 3 makes a written finding based upon substantial evidence, of any of ... ," and then goes on to describe three particular conditions, none of which are applicable to the proposed Project. In other words, the City of Palo Alto is required to provide the requested concessions in order to achieve the goal of housing development, particularly below market rate housing. Accordingly, the City is required to approve the Project in its present form. Case law on Section 65915 is in accord with the foregoing. Finally, § 65915 (d) (3) states as follows: "The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and cost of suit." The Applicant reserves all rights in accordance with the foregoing, including, without limitation, the right of judicial review. It is our opinion that the City Council considering and then adopting a decision requiring the Applicant to pursue a PDOT Application for its Project was illegal and in violation of Government Code § 65915. The City Council gave no justification for ignoring the two concessions to which Applicant is entitled for this Project and why such two concessions did not supersede any of the issues raised by City Council Members. The Applicant urges the City Council to reconsider the application and approve the same in compliance with Government Code § 65915, and in accordance with the prior approvals of this Project by the Architectural Review Board and the City Council in 2006. II. cc: Mr. James Keene, Palo Alto City Manager citymgr@cityofpaloalto.org Ms. Molly Stump, Palo Alto City Attorney city.attorney@cityofpaloalto.org Mr. Harold C. Hohbach, Project Applicant 5647-1 \J318206vl VIAE-MAIL Curtis Williams, AICP S)B SIDEMAN & BANCROFT llP One Embarcadero Center, Eighth Floor San Francisco, California 94111-3629 Telephone: 415.392.1960 Facsimile: 415.392.0827 Writer's E-Mail: jjanz@sideman.com December 8, 2011 Director of Planning & Community Environment City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Re: Park Plaza Project Dear Curtis: This is to confinn that you have agreed to a meeting at City Hall at 9:30 a.m. on December 21,2011, with the attendees listed in Mr. Hohbach's letter of December 2, 2011. We will be suggesting several items to be included in the discussion at this meeting, and I will forward a proposed agenda in a few days. Because of the number of substantive issues to discuss, we are concerned that the half-hour allotted for our meeting will not be sufficient, and we request that you consider making additional time available. As background, we wish to point out that Hohbach Realty Company Limited Partnership (lIRC) has withdrawn the tentative map application for the 84 units for residential condominiums. Thus there is now no need for the Park Plaza Project (Project) to go before the Planning and Transportation Commission (PTC) since the lot lines had been removed by a Certificate of Compliance. In view of this fact, the hearing before the PTC on August 24,2011 should have no relevance in the to-be scheduled meeting of City Council (tentatively scheduled for January 30, 2012). Thus, any comments relating to the PTC meeting should not be made nor should a transcript of the hearing be supplied to City Council with the staff report for the next Council meeting on the Proj ect. J{oli6acli '1Wa{ty Company Limite" IPartnersliip 29 Lowery Drive Atherton, CA 94027 Tel: (650) 322-8242 Fax: (650) 853-0325 City Council City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 Dear Council Members: December ,2011 Re: Park Plaza Project 195 Page Mill Road and 2865 Park Boulevard DRAFT This is the response of Hohbach Realty Company Limited Partnership (HRC) to the appeal of Robert Moss (Moss) to the City Council of the ARB approval of the Park Plaza Project (Project) on July 7, 2011. A prior response was dated September 12,2011. This updates and replaces that response. The Project was initiated in 2003 as a PC Project. HRC thereafter revised the Project not as a PC, but in conformance with the City of Palo Alto zoning. Since the Project required no changes in zoning, only ARB approval was necessary. An application for ARB review was filed on May 15,2005. On September 7, 2006 the ARB approved the Project on a 5 to 0 vote. The City Council approved the Project on November 20, 2006. However, before the final hearing of the City Council approval, City staff amended the MND without re- circulating it and without consulting or advising HRC. Moss filed a Citizens' lawsuit on January 18,2007 against the City and HRC. The Trial Court in the Citizens' lawsuit ruled against Moss on all alleged grounds, but found that the City had amended the MND without recirculating the MND and required the City to recirculate it. The writ signed by the Trial Court required a timely return on the writ on or before August 31,2008. To date such a return has not been filed by the City. 1 DRAFT HRC, through many endeavors, has assiduously pursued the Project in activities too numerous to describe here. This led to the final ARB approval at the hearing of July 7, 2011. Moss' comments in his appeal, in addition to being without merit, are often inapt, misleading and erroneous. First, HRC will address the presence of the HP-Varian plume, known since 1981, which passes under the site. The Water Board in its letter of July 3, 2008 approved the Project with the mitigation measures proposed in the "Site Investigation and Remedy Report" by Stellar Environmental Solutions, Inc., in the form of a partial vapor barrier with passive ventilation. Because the City wished to be more conservative, HRC, at a greatly increased final cost, agreed to install a full vapor barrier with active ventilation. In addition HRC has agreed to a one-time monitoring event of all the floors from the garage and above at a time when it is most likely to reveal any vapor intrusion aspects, at completion of the Park Plaza Project. Applicant must periodically monitor and sample the air space in the garage and report the results to the Water Board. In the event any of the sampling results show VOC vapor intrusion into the garage, the Water Board can thereafter require indoor air sampling of the residential floors or other actions as it may deem necessary. Applicant has agreed to preclude any tenants occupying the R&D space from engaging in any activities requiring Bio-Safety Levels 2, 3 and 4 as defined by the Federal Center for Disease Control in Atlanta, Georgia Moss, in his appeal fails to mention that the GM Zone has no setback requirements. The City agrees that it is precluded from requiring setback requirements based on reference to RM-40 zoning since the site has not been rezoned to RM-40. With respect to Moss' comments on the Project's residential units near Caltrain, cities, including Palo Alto, for years long past have placed multi-family zones adjacent to highways, expressways, bus and truck routes and railways. Moss argues that it would be preferable to have the entrance to the underground be from Page Mill rather than Park. This issue has been carefully studied and it is believed it is far preferable to have the entrance off Park for 2 DRAFT several reasons. First the Park entrance reduces travel distances in the underground by approximately one half. With a Page Mill entrance travel in the underground garage would be much greater, requiring more travel time and more generation of automobile exhaust in the underground garage. In addition, the Page Mill side of the Project is principally for use by the R&D tenants for their deliveries and shipments. In addition this Page Mill side of the Project is accessible for moving vans for moving household furniture into and out of the units. Certainly parking moving vans on Park would be prohibitive because of heavy travel on Park. Moss continues to make arguments with respect to the grandfathered 50,467 square feet of R&D in the Project. All that the bonus statute requires is that it reduces the cost of the housing. This it certainly does by sharing of land costs and infrastructure. Since the grandfathered R&D must be considered as already existing, the argument of Moss that the R&D space "will generate at least 150 jobs, more likely 250 jobs" must be discounted as not relevant. Since this is grandfathered this is a non-issue for this Project. Moss' statement that demolition of the buildings on the site in August 2007 was a violation of a court order is blatantly untrue. The demolition took place under a City issued demolition permit. The court order referred to by Moss was in . the form of a writ dated October 9, 2007. Demolition had occurred more than a month earlier. All activities on the site since the demolition have been by contractors doing City work unrelated to the Park Plaza Proj ect. Moss next makes unsupported complaints about HRC filing for a building permit for the Project. Before certain minor ARB issues were to be addressed after final approval, City policy permitted HRC to request concurrent ARB review and building permit review. HRC under this premise filed an application for a building permit on February 9, 2007 and paid the City $197,391.74 in fees. HRC also received approval for an outside plan check by Bureau Veritas and has expended over $59,000 to date for this plan check. HRC submits a Project such as Park Plaza is greatly needed in Palo Alto. It provides R&D space with housing to provide a live-work environment which is close to a Caltrain station and bus routes. The Project is within easy walking distance of California A venue restaurants and a shopping district with numerous stores, including a Mollie Stone grocery store. All of these will help reduce the use of the automobile. Contrary to Moss' statement, the R&D is necessary because it 3 DRAFT reduces the cost of the housing component of the Project. Also, contrary to the assertions of Moss, HRC has never received any building permit for the Proj ect. In summary, HRC submits that Moss' arguments are based on many false premises and therefore do not warrant consideration. The size of the Park Plaza Project has made possible greatly sought after amenities. One of the most important amenities is a large interior courtyard which shields many of the residential units and the interior courtyard from traffic and train noise. The interior fountain in the courtyard and a large open area are shielded from visitor parking. This large area in the courtyard can be used for dining and entertainment activities of the tenants and residents. Also, the Project makes possible an elevated swimming pool which has maximum exposure to the sun. In short, HRC believes this is a good project for Palo Alto and that Moss' appeal should be rejected. Very truly yours, Hohbach Realty Company Limited Partnership Hohbach Enterprises, Inc., General Partner By: ______________ -------- Harold C. Hohbach, President 4 VIAE-MAIL Molly S. Stump, Esq. Donald A. Larkin, Esq. City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 S)B SIDEMAN & BANCROFT llP One Embarcadero Center, Eighth Floor San Francisco, California 94111-3629 Telephone: 415.392.1960 Facsimile: 415.392.0827 Writel"'s E-Iv1aiI:jjanz®ideman.com January 11,2012 Re: Park Plaza Project Dear Ms. Stump and Mr. Larkin: In our meeting on December 21,2011, you asked that I submit our analysis of the Bonus Statute (Government Code Section 65915), and how it precludes the City Council from using architectural considerations as a basis for refusing to give approval to the Park Plaza Project ("Project"). We have completed our analysis as set forth herein. The Project is in a GM Zone and the site has been designated as a Housing Inventory Site. The owner, Hohbach Realty Company Limited Partnership ("HRC"), used one concession to provide housing in the GM zone (which had an FAR of 0.5) and urged that the housing carried with it its own FAR of 1.0, thus allowing a total FAR of 1.5. However, the City insisted that HRC use another concession (for a total of 20% BMR) for the FAR of 1.5. These two concessions should be more than enough to carry the Project for approval, particularly since the Project requires no design enhancement exceptions or variances from the GM zone. And, the Project has passed the muster of two separate Architectural Review Boards. With these facts, we, after our further analysis of the Bonus Statute, maintain that the position set forth in our letter of October 14,2011 to the City Council is still valid, namely that the City Council on October 3,2011, in making a decision to require HRC to pursue a PTOD application, was acting illegally and in violation of the Bonus Statute. Molly S. Stump, Esq. Donald A. Larkin, January 11,2012 Page 2 Legislative History of the Bonus Statute. In attempting to understand the intent and the reach of the Bonus Statute, the legislative history of the statute is helpful. From its inception, in 1979, the purpose ofthe Bonus Statute was to promote the development of housing, particularly the development of affordable housing. The Bonus Statute has been amended several times since 1979. The discussions and correspondence which took place during the amendment process provide significant insight into the purpose and intent of the Bonus Statute. In 2002, in discussions over a proposed amendment (AB 1866 (Wright)), the following statement was made: California's housing crisis is well documented. The state's demand for housing does not meet the supply, threatening the state's economic growth and quality. To help solve this problem, the Legislature enacted the density bonus law ... The author states, "too many local governments have undercut these laws by layering density bonus ... projects with unnecessary and procedural obstacles," resulting in fewer housing developments for families, seniors and the disabled. [Bill Analysis, Assembly Committee on Appropriations, Hearing Date May 22, 2002.] As an example of the problems that the AB 1866 supporters were trying to overcome, a staffreport says: "Supporters note that, "one of the largest non-profit developers in the state finds it difficult to use density bonus law because of restrictive local development standards ... " At that time, staff summarized the amendment by saying that it "prohibits local governments from applying any development standard to a project that would preclude construction with an allowed density bonus or concession." In the summary on the bill prepared by the Business, Transportation and Housing Agency, the Department of Housing and Community Development recommended approval of AB 1866, because: This bill would promote greater local efforts to plan for adequate affordable housing. By closing the loopholes that local jurisdictions use to deny permit applications for affordable housing, this bill would lead to more widespread approval of those applications. With affordable housing developers less hamstrung by local regulatory actions, particularly arbitrary actions, they would be better able to address the housing shortage. [Emphasis added.] To demonstrate that cities and counties considered AB 1866, which added significantly to the text ofthe Bonus Statute, to be inimical to their interests, the League of California Cities, the California State Association of Counties, and the California Chapter of the American Planning Association, lobbied extensively against the bill. Molly S. Stump, Esq. Donald A. Larkin, Esq. January 11,2012 Page 3 In a letter dated September 6, 2002 addressed to the Governor, the three organizations refer to the density bonus law language as "requiring the override of all other local policies, ordinances and laws ... ". The letter goes on to say: The most objectionable provision prohibits local governments from applying any local "development standard" which is defined as "any ordinance, general plan element, specific plan, charter amendment, or other local law, policy, regulation or condition" that will have the effect of precluding the development of the density bonus units. It is clear that the proponents of the 2002 amendment felt that local governments were using various development standards to restrict development of projects which otherwise qualified for development under the state Bonus Statute, and that the opponents of the amendment felt that the proposed amendment would prohibit local governments from applying any development standards that would preclude construction of a project with an allowed density bonus or concession. The 2002 amendment added substantially to the Bonus Statute. Government Code §65915(d)(1), added by the 2002 amendment, states that the city "shall grant the concession or incentive requested by the applicant unless the city ... makes a written finding, based upon substantial evidence, of ... [certain exceptions are then enumerated]." However, the 2002 amendment also addressed the other concerns raised at the time, namely that local jurisdictions used various means to deny permit applications for affordable housing. Specific language was added which is now part of subsection (e)(1), which currently reads: In no case maya city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) [the subsection discussing the affordable housing unit percentages] at the densities or with the concessions or incentives permitted by this section. Thus, the City is required not only to provide specific incentives or concessions, but also to not apply any development standard that will have the effect of precluding the construction of a project otherwise qualifying under the Bonus Statute. This is made clear in subsection (e)(2) which states: A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). Molly S. Stump, Esq. Donald A. Larkin, Esq. January 11,2012 Page 4 In essence, the City cannot take the position that it will approve certain incentives or concessions which allow the proposed Project, and then reject the Project as a whole based on arbitrary architectural aesthetics. Case law is in agreement with the foregoing analysis. See Louise Apts, LLC v. City of Los Angeles (Super. Ct. Los Angeles County, 2009, No. BS 113184). Application of the Bonus Statute to the Project. The City Council's actions on October 3,2011, in recommending that the Project essentially stal1 over as a PTOD, which will require rezoning of the land, appearances and hearings before the Planning and Transportation Commission, appearances and hearings before the Arehiteetural Review Board, and, very likely, redesign, is in complete disregard of the requirements of the Bonus Statute, and is exactly the sort of arbitrary and capricious action that the Bonus Statute, as amended over the past decade, is designed to overcome. The City is obligated to grant coneessions to developments meeting the Bonus Statute criteria (Bonus Statute, subsection (d)), and to not apply any development standard that will have the effect of precluding the construction of developments meeting such criteria (Bonus Statute, subseetion (e)). The City only has the option to disapprove requested eoncessions to which the Project is otherwise entitled if it makes specific written findings as to certain criteria, as explained and addressed more fully in the Addendum to this letter. However, the City and the applicant appear to be in agreement on the granting of the concessions for the Project, and of the sufficiency of such concessions for the Project given the zoning of the Project location. The concessions applicable to the Project are not at issue. The City has similar grounds on which it may refuse to waive or reduce development standards. Both subsections (d) and (e) of the Bonus Statute say that nothing in those subdivisions shall be interpreted to require a local govemment to grant an incentive or concession, or to require a local govemment to waive or reduce development standards, if the incentive, concession, or waiver or reduction, would have a specific, adverse impact, as defined in Section 65589.5(d)(2) upon health, safety or the physical environment, and for which there is no feasible mitigation, or if the incentive, coneession, waiver or reduetion of development standards would have an adverse impact on any real propedy that is listed in the Califomia Register of Historical Resources, or (with respect to the waiver or reduction of development standards) would be contrary to State or Federal law. The proposed Projeet will not have an adverse impact upon health, safety or the physieal environment, impact any real propel1y on the California Register of Historieal Resources, or be contrary to State or Federal law. As diseussed in the Addendum, there are no criteria under which the City could deny the requested coneessions, and, applying the same criteria, the City cannot refuse to waive or reduee development standards. Said another way, there are no grounds Molly S. Stump, Esq. Donald A. Larkin, Esq. January 11,2012 Page 5 upon which the City could apply development standards that would have the effect of precluding construction of the Proj ect. Conclusion. In fact, the City has not denied the requested concessions. And no waiver or reduction of development standards is required. The City Council obtained review of the Project due to Mr. Moss' appeal of the decision of the Director of Planning and Community Environment to approve the Project following approval of the Project by the Architectural Review Board. At the October 3rd meeting, there was no suggestion that the Project be denied based upon the matters raised in the Moss appeal. Accordingly, the City Council, without waiving any development standards, should uphold the Director's decision and deny the appeal, thus approving the Project and moving the Project on to the building permit stage. Failure to do so amounts to the imposition of a development standard which wiJI preclude the construction of the proposed Project, a project which otherwise meets the criteria of the Bonus Statute. I hope that this letter adequately demonstrates that the City Council does not have any legal basis for not approving the Project. If it does not approve the Project, the City must face the consequences of denying the mandate of the Bonus Statute and the possibility of incurring damages well in excess of two million dollars, plus attorneys' fees. If you have a contrary opinion from that expressed in this letter, I ask that you please let us know immediately, and advise us of the basis for your opinion. If you like, I would be happy to meet with you to discuss this fUliher. cc: Mr. CUliis Williams, Director of Planning and Community Environment Mr. James Keene, City Manager Mr. Harold C. Hohbach 5647-1\1371222v3 ADDENDUM Acceptable Criteria for Denial of Concessions (With commentary relating to the Project in bold.) As to requested concessions, the City only has the option to disapprove requested concessions to which the Project is otherwise entitled if it makes written findings based upon substantial evidence, of any of the following: (A) The concession or incentive is not required in order to provide for affordable housing cost (as defined in Section 50052.5 of the Health and Safety Code) or for rents for the targeted units to be set as specified in Section 65915(c). Clearly, this is not the case because affordable housing is not developed at prevailing market rates. Only development of the Project will create such housing. (B) The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d) (2) upon public health and or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible mitigation. No such specific adverse impact upon public health and safety or the physical environment has been identified that has not otherwise been mitigated against by the Project. In fact, the City has previously approved this Project with basically the same design as now being submitted, and such approval was upheld against judicial challenge. (C) The concession or incentive would be contrary to State or Federal law. The proposed concessions are not contrary to law. J{oli6acli (}l,§a[ty Company £imitea rpartnersliip 29 Lowery Drive Atherton, CA 94027 Tel: (650) 322-8242 Fax: (650) 853-0325 City Council City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 Dear Council Members: January 19,2012 Re: Park Plaza Project 195 Page Mill Road and 2865 Park Boulevard This is the response of Hohbach Realty Company Limited Partnership (HRC) to the appeal of Robert Moss (Moss) to the City Council of the ARB approval of the Park Plaza Project (Project) on July 7, 2011. A prior response was dated September 12, 2011. This updates and replaces that response. The Project was initiated in 2003 as a PC Project. HRC thereafter revised the Project not as a PC, but in conformance with the City of Palo Alto zoning. Since the Project required no changes in zoning, only ARB approval was necessary. An application for ARB review was filed on May 15,2005. On September 7, 2006 the ARB approved the Project on a 5 to 0 vote. The City Council approved the Project on November 20,2006. However, before the final hearing of the City Council approval, City staff amended the MND without re- circulating it and without consulting or advising HRC. Moss filed a Citizens' lawsuit on January 18,2007 against the City and HRC. The Trial Court in the Citizens' lawsuit ruled against Moss on all alleged grounds, but found that the City had amended the MND without recirculating the MND and required the City to recirculate it. The writ signed by the Trial Court required a timely return on the writ on or before August 31, 2008. To date such a return has not been filed by the City. 1 HRC, through many endeavors, has assiduously pursued the Project in activities too numerous to describe here. This led to the [mal ARB approval at the hearing of July 7, 2011. Moss' comments in his appeal, in addition to being without merit, are often inapt, misleading and erroneous. First, HRC will address the presence of the HP-Varian plume, known since 1981, which passes under the site. The Water Board in its letter of July 3, 2008 approved the Project with the mitigation measures proposed in the "Site Investigation and Remedy Report JJ by Stellar Environmental Solutions, Inc., in the form of a partial vapor barrier with passive ventilation. Because the City wished to be more conservative, HRC, at a greatly increased final cost, agreed to install a full vapor barrier with active ventilation. In addition HRC has agreed to a one-time monitoring event of all the floors from the garage and above at a time when it is most likely to reveal any vapor intrusion aspects, at completion of the Park Plaza Project. Applicant must periodically monitor and sample the air space in the garage and report the results to the Water Board. In the event any of the sampling results show VOC vapor intrusion into the garage, the Water Board can thereafter require indoor air sampling of the residential floors or other actions as it may deem necessary. Applicant has agreed to preclude any tenants occupying the R&D space from engaging in any activities requiring Bio-Safety Levels 2, 3 and 4 as defined by the Federal Center for Disease Control in Atlanta, Georgia Moss, in his appeal fails to mention that the GM Zone has no setback requirements. The City agrees that it is precluded from requiring setback requirements based on reference to RM-40 zoning since the site has not been rezoned to RM-40. With respect to Moss' comments on the Project's residential units near Caltrain, cities, including Palo Alto, for years long past have placed multi-family zones adjacent to highways, expressways, bus and truck routes and railways. Moss argues that it would be preferable to have the entrance to the underground be from Page Mill rather than Park. This issue has been carefully studied and it is believed it is far preferable to have the entrance off Park for 2 several reasons. First the Park entrance reduces travel distances in the underground by approximately one half. With a Page Mill entrance travel in the underground garage would be much greater, requiring more travel time and more generation of automobile exhaust in the underground garage. In addition, the Page Mill side oftheProject is principally for use by the R&D tenants for their deliveries and shipments. In addition this Page Mill side of the Project is accessible for moving vans for moving household furniture into and out of the units. Certainly parking moving vans on Park would be prohibitive because of heavy travel on Park. Moss continues to make arguments with respect to the grandfathered 50,467 square feet of R&D in the Project. All that the bonus statute requires is that it reduces the cost of the housing. This it certainly does by sharing of land costs and infrastructure. Since the grandfathered R&D must be considered as already existing, the argument of Moss that the R&D space "will generate at least 150 jobs, more likely 250 jobs" must be discounted as not relevant. Since this is grandfathered this is a non-issue for this Project. Moss' statement that demolition of the buildings on the site in August 2007 was a violation of a court order is blatantly untrue. The demolition took place under a City issued demolition permit. The court order referred to by Moss was in the form of a writ dated October 9,2007. Demolition had occurred more than a month earlier. All activities on the site since the demolition have been by contractors doing City work unrelated to the Park Plaza Project. Moss next makes unsupported complaints about fIRC filing for a building permit for the Project. Before certain minor ARB issues were to be addressed after final approval, City policy permitted fIRC to request concurrent ARB review and building permit review. fIRC under this premise filed an application for a building permit on February 9,2007 and paid the City $197,391.74 in fees. fIRC also received approval for an outside plan check by Bureau Veritas and has expended over $59,000 to date for this plan check. fIRC submits a Project such as Park Plaza is greatly needed in Palo Alto. It provides R&D space with housing to provide a live-work environment which is close to a Caltrain station and bus routes. The Project is within easy walking distance of California Avenue restaurants and a shopping district with numerous stores, including a Mollie Stone grocery store. All of these will help reduce the use of the automobile. Contrary to Moss' statement, the R&D is necessary because it 3 reduces the cost of the housing component of the Project. Also, contrary to the asseliiol1s of Moss, HRC has never received any building permit for the Project. . In summary, HRC submits that Moss' arguments are based on many false premises and therefore do not warrant consideration. The size of the Park Plaza Project has made possible greatly sought after amenities. One of the most important amenities is a large interior cOUliyard which shields many of the residential units and the interior cOUliyard from traffic and train noise. The interior fountain in the courtyard and a large open area are shielded from visitor parking. This large area in the courtyard can be used for dining and entertainment activities of the tenants and residents. Also, the Project makes possible an elevated swimming pool which has maximum exposure to the sun. In short, HRC bel ieves this is a good project for Palo Alto and that Moss' appeal should be rejected. Very truly yours, Hohbach Realty Company Limited Partnership Hohbach Enterprises, Inc., General Partner ~/ '.7/ /7 By:4I/C ~M{~~ Harold C. Hohbach, President 4 French, Amy From: Roger Papler [RPapler@waterboards.ca.gov] Sent: Thursday, April 19, 2012 3:00 PM To: French, Amy Cc: salazar.matt@epa.gov Subject: COEIPA -195 PMR: RTCs -BPAF Allegations Ms. Amy French Senior Planner City of Palo Alto Planning Department 250 Hamilton Avenue Palo Alto, CA 94303 Hello Ms, French: Page 1 of4 Thank you for forwarding the 28Feb12 email letter (Email) to you from Mr. Bob Moss of the Barron Parks Association Foundation (BPAF) to the Regional Water Board, The following presents excerpted sections of the BPAF Email and a BPAF meeting comment during the 30ct11 City Council meeting (Comments) in italics with our response to comments following below. We noted that BPAF copied the email to the Mayor and other recipients. You may want to forward the Response to comments to the Mayor and other reCipients. BPAF alleges that the Regional Water Board oversight has been inadequate and that public health in the California-Olive-Emerson (COE) plume area is not being protected from potential indoor air vapor intrusion, We do not agree because we have engaged and are working closely with USEPA who implement the lowest screening levels for vapor intrusion in the State of California. USEPA has indicated that the vapor intrusion mitigation measures for the subject site are protective, although it suggests verification testing to confirm modeling assurnptions Comment 1 In November EPA significantly reduced the allowable levels of TeE in indoor air known to cause cancer. In residential locations the level was reduced from 1.0 to 0.5 micrograms/cubic meter. In commercial locations the reduction was from 5.0 to 3.0 micrograms/cubic meter. EPA's new Regional Screening Levels for TeE in residential air have been published at http://wwW.ep-a.govlreg3hwmd/risk/humanlrb- concentration tablelGenerlr:; Tables/pdf/resfJir_$I_tfJble run NOV2011.p-df ..... The 10"-6 cancer risk value is .43 micrograms per cubic meter and the non-cancer value is 2.1 micrograms per cubic meter. (The tolerance level was rounded up to 0.50 micrograms per cubic meter. ... New York found that TeE in indoor air was a cause of birth defects in several cases in Endicott. There also are indications that exposure to TeE while in the womb can cause behavioral problems in children later. Response to Comment 1 Vapor Intrusion is a continuously evolving science with new discoveries periodically changing the way regulators address potential health issues. The Regional Water Board became aware of the Endicott study months ago and we have discussed the results internally. Based on the nature of our working relationship with USEPA, the lower USEPA screening levels (SLs) have been and will continue to be applied to vapor intrusion evaluations at all the Superfund sites that we oversee including the COE site, We expect to apply these lower SLs to the forthcoming vapor intrusion evaluation at the COE site. 4/20/2012 Page 2 of4 Different agencies use different assumptions regarding exposure and fate-and-transport modeling. So USEPA's SLs for vapor intrusion are currently lower than the Regional Water Board's ESLs. Comment 2 The concentration of TCE in soil gas along the raar quarler of this site ranges from 23,500 to 150,000 micrograms/cubic meter. You may recall that the experl called to testify on toxics last October said that a combination of vapor barrier and active sub-slab ventilation is capable of reducing the concentration of TCE intruding into the building by 4 to 5 orders of magnitude. Assuming the best possible reduction of 5 orders of magnitude of TCE in the air results in a level of TCE of 1.5 micrograms/cubic meter in the residential areas, or 3 times what is known to cause cancer. If the reduction is only 4 orders of magnitude the indoor air content of TCE would be as much as 15 micrograms/cubic meter, or 5 times the acceptable level in commercial spaces and 30 times what is acceptable in residential spaces .... Because of this high risk of severe health hazards development of this site should prohibit underground garages and not place any structures over the rear quarter of the proparly where the level of TCE in the aquifer and soil is known to be high. That space should be limited to parking and landscaping. Response to Comment 2 Based on the expected vapor intrusion attenuation and the excavation of soil that is probably contaminated with TCE, the Regional Water Board believes that the project is protective of public health as discussed below. VIMS Attenuation: City of Palo Alto staff indicated that the expert who testified was Ms. Sigrid a Reinis, P.E, pHD. Dr. Reinis indicated that the vapor intrusion mitigation system (VIMS) designed for the site would attenuate the respective TCE and PCE levels in soil gas by 7 to 8 orders of magnitude. The calculations indicated an approximate attenuation factor of at least 10 million under passive ventilation conditions. As part of the approval process, please note that the Regional Water Board required initial pre-occupant and ongoing indoor air sampling of the building and will be reviewing the results with USEPA to determine the frequency of additional sampling. Even if we determine that vapor intrusion is occurring, the project design has a vapor intrusion contingency measure as discussed below. Probable Soil-TCE Source: Site data indicate that TCE in soil gas on the northeast (rear) half of the property probably originate from soil-sequestered TCE in the vadose zone. The excavation for the project will remove most of the soil in the vadose zone to four or five feet above shallow groundwater and could remove most of the probable soil-TCE source. Vapor Intrusion Contingency: Given the anticipated attenuation by the VIMS alone, we do not anticipate indoor air levels of concern. If levels of concem are detected, however, the subslab ventilation portion of the VIMS can be converted into an active ventilation system that typically reduces subslab soil gas levels by two orders of magnitude or a factor of 100. Comment 3 Perhaps you noticed that parking at the Campus for Jewish Life where we met for Mayor Yeh's State of the City address was at grade, and the buildings all are one floor up on a podium. That design was required by DTSC which oversees the toxic and contamination of the aquifer and soil in this area, both to avoid getting too close to the aquifer, and to protect against vapor intrusion from a toxic plume under much of the site. It originated on the other side of Charleston from a long-gone electronic company and covers most of the Campus for Jewish Life site coming close to the housing adjacent to Loral. Forlunately the Water Board does not have toxic oversight of this site. 4120/2012 Page 3 of4 Response to Comment 3 As stated above, the Regional Water Board believes that our oversight of potential vapor intrusion issues within the COE plume is protective. Please note that the Regional Water Board oversaw and continues to oversee the Campus for Jewish Life project. For reference, the respective GeoTracker and file numbers are SL0608572741 and 43S0877 and the GeoTrackerslte title is 'Taube Koret Campus -Altaire Bridge Parcels I and II', Comment 4 Staff has repeatedly fallen back on the excuse that toxics at this site are overseen by the Water Board, not EPA or DTSC. Oversight by the Water Board supposed justifies not requiring compliance with EPA requirements. Inadequate oversight by the Water Board, which I have repeatedly noted is the case, and which EPA unofficially agrees is true, does not mean that facts can blithely be ignored, Please acknowledge the science and technology involved at toxic sites with vapor intrusion risks and act accordingly, Protecting health and safety and reducing potential health Impacts on residents and occupants at the site should be paramount. We must address the real toxic hazards that exist due to the high potential for vapor intrusion into occupied R&D and housing at levels considered toxic and likely to cause cancer and other health conditions. If a development is built on this site with the inadequate public health and safety requirements approved by the Water Board, Palo Alto wI/I be equally liable for damages if occupants develop cancer or other conditions due to TCE exposure. Response to Comment 4 As discussed above, the indoor air testing program -required by the Regional Water Board and to be reviewed with USEPA -will provide the data to evaluate potential vapor intrusion. Comment 5 (30ct11 City Council Meeting) "Mr. Moss stated testing for toxins In the garage area only was not acceptable since people did not live in garages. He recognized ...... the actual concentration on the site was higher than 150,000 PPM" Response to Comment 5 If vapor intrusion occurs in the building, the highest concentration would most likely be in the garage because it is closest to the source beneath the building. By indoor air testing the garage, we will know whether vapor intrusion could be occurring in the overlying occupied levels. Please also note that the Regional Water Board will review the indoor air test results for 195 Page Mill Road with USEPA and will determine if additional testing needs to be conducted BPAF stated that soil gas contaminant levels -presumably TCE -beneath the rear side of the project were more than 150,000 parts per million (ppm). The actual maximum detected TCE level was 150,000 micrograms per cubic meter (ug/m3). Presuming BPAF intended to say 150,000 ppmv [volume]), this level equals 806,135,969 ug/m3 and is overstated by a factor of over 5,000. If Mr. Moss or others wants to discuss the above, we invite them to engage Regional Water Board and USEPA staff in a teleconference. Respectfully, Roger W. Papler, P.G. Engineering Geologist San Francisco Bay Regional Water Quality Control Board 4/2012012 ENVIRONMENTAL AND GEOTECHNICAL CONSULTANTS 501 14TH STREET, 3RD FLOOR OAKLAND CALIFORNIA 94612 T 510 874 4500 F 510 874 4507 www.treadwellrollo.com MEMORANDUM TO: Amy French, Senior Planner Planning Department City of Palo Alto, California FROM: Sigrida Reinis, Ph.D., P.E., Senior Project Manager DATE: 8 May 2012 PROJECT: 195 Page Mill Road & 2865 Park Boulevard Park Plaza Project, Palo Alto, California No. 731475801 SUBJECT: Calculation of Estimated Indoor Air Concentrations of VOCs No. of Pages: 3 ____________________________________________________________________________________________ Treadwell & Rollo, A Langan Company (T&R) was engaged by Mr. Harold Hohbach of Hohbach Realty Company Limited Partnership to design a sub-slab vapor mitigation system (VMS) for the Park Plaza Project at 195 Page Mill Road & 2865 Park Boulevard, Palo Alto, California (the Site). Our most recent design revisions for this system are dated 30 September 2011. T&R has prepared this memorandum in response to an email sent by Mr. Robert Moss to the Palo Alto City Council dated 28 February 2012 that was forwarded to us by Mr. James Janz, Esq. of the law firm of Sideman & Bancroft, LLP. Specifically, we would like to correct and clarify several misstatements contained in the following paragraph in Mr. Moss’ email: The concentration of TCE in soil gas along the rear quarter of this site ranges from 23,500 to 150,000 micrograms/cubic meter. You may recall that the expert called to testify on toxics last October said that a combination of vapor barrier and active sub-slab ventilation is capable of reducing the concentration of TCE intruding into the building by 4 to 5 orders of magnitude. Assuming the best possible reduction of 5 orders of magnitude of TCE in the air results in a level of TCE of 1.5 micrograms/cubic meter in the residential areas, or 3 times what is known to cause cancer. If the reduction is only 4 orders of magnitude the indoor air content of TCE would be as much as 15 micrograms/cubic meter, or 5 times the acceptable level in commercial spaces and 30 times what is acceptable in residential spaces. We would like to clarify that the “4 to 5 orders of magnitude” reduction in VOC concentrations that Dr. Sigrida Reinis referred to in her statements before the City Council on 3 October 2011 refer to the “constituent attenuation factor” (CAF), which is a measure of the reduction – in orders of magnitude, or 10-fold increments – in VOC concentrations measured in soil gas prior to construction versus the VOC concentrations measured in the VMS piping after construction of the building. The procedure for calculating the CAF is described in a paper co-authored and presented by Dr. Reinis at the Battelle Sixth International Conference on Remediation of Chlorinated and Recalcitrant Compounds in Monterey, California in May 2008.1 The 4 to 5 orders-of-magnitude reduction in VOC concentrations does not refer 1 Reinis, Sigrida and Jeffrey F. Ludlow. Estimating VOC Emissions from Vapor Management Systems for Air District Permitting. Proceedings of the Battelle Sixth International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California. May 2008. Amy French City of Palo Alto Planning Department 8 May 2012 Page 2 to what Mr. Moss describes, which is an “attenuation factor” that indicates the difference in VOC concentrations measured simultaneously in soil gas and in indoor air at any given site. Attenuation factors for a wide variety of structures have been compiled in a recently-released EPA publication.2 In order to quantify the anticipated site-specific attenuation factor for the Park Plaza Project, we prepared and submitted to RWQCB a memorandum with the subject line “Calculation of Estimated Indoor Air Concentrations of VOCs”, dated 14 March 2012, a copy of which is attached to this memorandum. That memorandum states that the estimated PCE and TCE concentrations in indoor air are 9.5 x 10-5 micrograms per cubic meter (µg/m3) and 2.45 x 10-3 µg/m3, respectively. The California Environmental Protection Agency has developed human health screening levels (CHHSLs) for the evaluation of impacted sites.3 These screening-level values are considered to represent thresholds of concern for risks to human health. The thresholds of concern used to develop the CHHSLs are an excess lifetime cancer risk of one-in-a-million (1 x 10-6) and a hazard quotient of 1.0 for non- cancer health effects. The table below summarizes the estimated PCE and TCE concentrations in indoor air derived in our memorandum of 14 March 2012; the CHHSLs for PCE and TCE; and the percentage of the CHHSL that the estimated indoor air concentrations represent. VOC Estimated Indoor Air Concentration (µg/m3) CHHSL for Residential Indoor Air (µg/m3) Percentage of CHHSL PCE 9.50 x 10-5 0.412 0.0231 % TCE 2.45 x 10-3 1.22 0.2006 % Thus the estimated concentrations of PCE and TCE in indoor air, neglecting the effect of an active venting system, are a fraction of 1% of their respective State indoor air criteria. In our opinion, a passive VMS would provide more than sufficient protection to future building occupants, with estimated PCE and TCE concentrations in indoor air at less than one percent (<1%) of applicable human health screening levels. The augmentation of the VMS to an active system reflected in our 30 September 2011 design would provide even further reductions in the estimated concentrations of PCE and TCE in indoor air. Thus, even if Federal or State indoor air criteria were to change in the future by several orders of magnitude, the VMS designed for this project would still be fully protective of human health. If you have any questions regarding the supporting calculations, the State indoor air criteria, the design or operation of a typical passive VMS, or any related issue, please contact Dr. Sigrida Reinis or Mr. Jeff Ludlow at 415-955-5200. 2 United States Environmental Protection Agency, Office of Solid Waste and Emergency Response. EPA’s Vapor Intrusion Database: Evaluation and Characterization of Attenuation Factors for Chlorinated Volatile Organic Compounds and Residential Buildings. EPA publication no. EPA-530-R-10-002. March 16, 2012. 3 California Environmental Protection Agency. Use of California Human Health Screening Levels (CHHSLs) in Evaluation of Contaminated Properties. January 2005. Amy French City of Palo Alto Planning Department 8 May 2012 Page 3 Attachment: Memorandum to RWQCB dated 14 March 2012 cc: Mr. Harold Hohbach, Hohbach Realty Company Limited Partnership Mr. James R. Janz, Esq., Sideman & Bancroft LLP ENVIRONMENTAL AND GEOTECHNICAL CONSULTANTS 501 14TH STREET, 3RD FLOOR OAKLAND CALIFORNIA 94612 T 510 874 4500 F 510 874 4507 www.treadwellrollo.com MEMORANDUM TO: Roger Paplar, P.G., San Francisco Regional Water Quality Control Board FROM: Sigrida Reinis, Ph.D., P.E., Senior Project Manager DATE: 14 March 2012 PROJECT: 195 Page Mill Road & 2865 Park Boulevard Park Plaza Project, Palo Alto, California No. 731475801 SUBJECT: Calculation of Estimated Indoor Air Concentrations of VOCs No. of Pages: 5 ____________________________________________________________________________________________ Treadwell & Rollo | A Langan Company (T&R) has prepared this memorandum regarding our calculations of the estimated indoor air concentrations of the two contaminants of concern (COCs) that may be present during proper operation of the proposed vapor mitigation system for the Park Plaza Project at 195 Page Mill Road & 2865 Park Boulevard, Palo Alto, California (the Site). Development Design We understand that the Park Plaza Project will include a multi-story building that covers the entire site, with one level of below-grade ventilated parking. The ventilated parking will require excavation of soil to approximately 12 feet (ft) below ground surface (bgs). The ventilated parking will be overlain by a podium level at the ground level that will have ground floor commercial/research occupied spaces around the outer edge of the Site and an open air courtyard area in the middle. Residential spaces will be constructed 1 to 2 floors above the ground floor commercial/research spaces. The entire building footprint will be underlain by a vapor mitigation system (VMS), consisting of a vented gravel layer and a 60-mil-thick spray-applied vapor barrier membrane (Liquid Boot™, by CETCO). VOCs in Soil Gas The Site Investigation Report dated 5 March 2008 indicates that it is likely that the volatile organic compounds (VOCs) groundwater plume emanating from the Hewlett Packard (HP) site, located directly upgradient of this Site, passes beneath the Site in part due to the effects of the groundwater pumping system associated with the nearby Page Mill Road underpass. Soil vapor samples collected in December 2007 from the Site at a depth of 15 ft bgs detected tetrachloroethene (PCE) and trichloroethene (TCE) at several locations at concentrations above the San Francisco Bay Water Board’s 2007 Environmental Screening Levels for Soil Gas based upon a commercial land use scenario. The highest PCE concentration in soil vapor was 40,000 micrograms per cubic meter (µg/m3). The highest TCE concentration in soil vapor was 150,000 µg/m3. The ESLs for PCE and TCE for commercial/industrial land use are 1,400 µg/m3 and 4,100 µg/m3, respectively. Calculation of Estimated VOC Concentrations in Indoor Air with Functioning VMS This calculation is performed to estimate the concentrations of PCE and TCE in indoor air that may occur in indoor air with a properly-functioning VMS, based on the maximum PCE and TCE concentrations detected in soil gas prior to Site redevelopment. This calculation is performed in multiple steps to account for the presence of the two major VMS components – the sub-slab venting system and the spray-applied vapor barrier membrane – as well as the structural concrete foundation slab. Roger Paplar, P.G. San Francisco Regional Water Quality Control Board 14 March 2012 Page 2 Step 1: Identify Maximum VOC Concentrations Measured in Soil Gas The maximum PCE and TCE concentrations were measured at location SG/GW-01, shown in Figure 5, Soil Vapor Analytical Results, of the Site Investigation Report.1 The highest PCE and TCE concentrations in soil vapor were 40,000 µg/m3 and 150,000 µg/m3, respectively. Step 2: Estimate Concentrations of VOCs in Passive VMS Sub-Slab Piping T&R has collected performance monitoring data for passive vapor mitigation systems at a variety of locations in the San Francisco Bay Area. One series of VMS performance monitoring events occurred at a then-new facility owned and operated by the Port of Oakland. Based on a comparison of the pre- construction VOC concentrations in soil gas versus the post-construction VOC concentrations in VMS piping, Constituent Attenuation Factors (CAF) were calculated for the two buildings at this location.2 The calculated CAF for the two structures, based on average soil gas and VMS piping concentrations, were 3 and 5 orders of magnitude. Given that the VMS for the Park Plaza structure will be somewhat different than those for the Port of Oakland structures, mainly due to the presence of an underground parking garage, it is our opinion that it is prudent to apply a slightly lower CAF of 2 orders of magnitude to this estimate. Applying a CAF of 2 to the maximum measured concentrations in soil gas (identified in Step 1), the estimated PCE and TCE concentrations in the VMS piping are 400 µg/m3 and 1,500 µg/m3, respectively. It should be noted that the VMS for this Site is currently proposed to be an active system. The proposed design includes the incorporation of a 139 cfm in-line blower into each of the four risers for the building. The passive VMS performance monitoring data for the Port of Oakland facility discussed above included measurement of air flow in the system.3 This data indicated that air velocity was generally within the range of 100 to 200 feet per minute (ft/min) in the risers, which converts to approximately 35 to 70 cubic feet per minute (cfm) in a 4-inch diameter riser. Given that the VMS for the Park Plaza structure will be somewhat different than those for the Port of Oakland structures, mainly due to the presence of an underground parking garage, it is our opinion that it is prudent to anticipate a slightly lower VMS air flowrate for this project, on the order of approximately 20 to 30 cfm. Although the increase in flowrate from 20 or 30 cfm to an upper-end value of 139 cfm could be expected to further reduce the rate of VOC intrusion into indoor air, T&R has not collected any monitoring data from active systems, and we are unaware of any published studies comparing passive versus active VMS performance. Therefore, we are not including this effect in these calculations, which adds a further measure of conservatism to the final results. Step 3: Estimate VOC Concentrations in Indoor Air, Based on use of Low-Permeability Membrane The following equation4 may be used to calculate the concentration of a particular VOC in indoor air (at the garage level), given the same VOC’s concentration beneath the low-permeability vapor barrier membrane, i.e., in the VMS piping, and other parameters, which are defined below. For the purposes of these calculations, it is assumed that Liquid Boot (manufactured by CETCO) will be used as the vapor barrier membrane; however, other suitable membrane materials are available. Roger Paplar, P.G. San Francisco Regional Water Quality Control Board 14 March 2012 Page 3 += LB indoorairsubslab D thCC1 where Csubslab is the maximum PCE concentration in VMS piping = 400 µg/m3, Cindoor air is the concentration of PCE in indoor air, in units of µg/m3, h is the average height of the indoor space = 12 feet = 3.6576 m, t is the thickness of the low-permeability liner = 60 mils = 0.00152 m, is the air exchange rate between garage-level indoor air and atmosphere = estimate 1/day = 0.00001/sec, and DLB, PCE is the diffusivity of PCE through Liquid Boot® membrane5 = 1.32 × 10-13 m2/sec. Rearranging to solve for the concentration of PCE in indoor air and inserting the above values into the equation: 1 2 3 sec/131.32 sec/00001.000152.06576.31ug/m 400 - -+=mE mmCindooair = 9.5 x 10-4 µg/m3 Solving the same equation for TCE: 1 2 3 sec/139.07 sec/00001.000152.06576.31ug/m 1,500 - -+=mE mmCindooair = 2.45 x 10-2 µg/m3 where Csoilvapor is the maximum TCE concentration in VMS piping = 1,500 µg/m3, and DLB, TCE is the diffusivity of TCE through Liquid Boot® membrane5 = 9.07 × 10-13 m2/sec. Step 4: Estimate VOC Concentrations in Indoor Air, Adding Effect of Structural Concrete Slab The U.S. EPA vapor intrusion guidance6 suggests an attenuation factor of 0.1 between soil gas and indoor air. Although the actual attenuation of vapors provided by a sound, 5-inch thick reinforced structural concrete slab may be significantly higher, the value of 0.1 is applied here to the values calculated in Step 3. Applying an attenuation factor of 0.1 to the concentrations calculated in Step 4, the estimated PCE and TCE concentrations in indoor air are 9.5 x 10-5 µg/m3 and 2.45 x 10-3 µg/m3, respectively. Roger Paplar, P.G. San Francisco Regional Water Quality Control Board 14 March 2012 Page 4 Step 5: Compare Calculated VOC Concentrations in Indoor Air to CHHSLs The California Environmental Protection Agency has developed human health screening levels (CHHSLs) for the evaluation of impacted sites.7 These screening-level values are considered to represent thresholds of concern for risks to human health. The thresholds of concen used to develop the CHHSLs are an excess lifetime cancer risk of one-in-a-million (1 x 10-6) and a hazard quotient of 1.0 for non- cancer health effects. The CHHSLs for PCE and TCE, respectively, are 0.412 and 1.22 µg/m3. The table below summarizes the estimated VOC concentrations in indoor air derived above, the CHHSLs, and the percentage of the CHHSL that these estimates represent. VOC Estimated Indoor Air Concentration (µg/m3) CHHSL for Residential Indoor Air (µg/m3) Percentage of CHHSL PCE 9.50 x 10-5 0.412 0.0231 % TCE 2.45 x 10-3 1.22 0.2006 % Thus the estimated concentrations of PCE and TCE in indoor air, neglecting the effect of an active venting system are a fraction of 1% of their respective CHHSLs. It should be noted that these are the estimated concentrations of PCE and TCE in the underground garage, which is not considered an occupied space. Further attenuation and dilution of these VOCs can be anticipated to occur between the garage and the overlying commercial and residential spaces due to the presence of the 8- to 10-inch thick ground floor structural slab, self-closing doors, and other structural, building management, and architectural features. Conclusion The proposed remedy for the development of the Site includes the installation of a sub-slab active venting system and a full vapor barrier membrane under the entire footprint of the building. The venting system is intended to provide a preferential pathway to the outdoor atmosphere for VOC vapors in the subsurface that might otherwise accumulate beneath the ventilated garage floor slab and potentially migrate into the garage airspace. The above calculations of estimated VOC concentrations in indoor air include conservative values for a number of parameters, including: • VOC concentrations in soil gas – used maximum detected values, • Constituent attenuation factor (CAF) – used lowest measured value, • Active vs. passive venting – neglected the effect of active venting, • Attenuation factor – used a low value relative to a new structural reinforced concrete slab, and • Comparison to CHHSLs – CHHSLs represent the “threshold of concern”, which are inherently conservative values because they do not take into account a variety of potentially mitigating site- specific circumstances; furthermore, residential CHHSLs were used even though the first-floor occupancy is anticipated to be commercial (R&D). Roger Paplar, P.G. San Francisco Regional Water Quality Control Board 14 March 2012 Page 5 In our opinion, a passive VMS would provide more than sufficient protection to future building occupants, with estimated PCE and TCE concentrations in indoor air at less than one percent (<1%) of applicable human health screening levels. Endnotes 1 Stellar Environmental Solutions, Inc. Site Investigation Report, Proposed Development, 195 Page Mill Road & 2863 Park Boulevard, Park Plaza Project, Palo Alto, California. March 2008. 2 Reinis, Sigrida and Jeffrey F. Ludlow. Estimating VOC Emissions from Vapor Management Systems for Air District Permitting. Proceedings of the Battelle Sixth International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California. May 2008. 3 Reinis, Sigrida, Jeffrey F. Ludlow, and Jeffrey L. Rubin. Performance Monitoring of Vapor Mitigation System, New Maintenance Facility at Port of Oakland. Proceedings of the Battelle Fifth International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California. May 2006. 4 LECG, LLC et. al. Remediation and Risk Management Plan for General Electric San Jose Site. September 2005. 5 CETCO. Technical Data, Liquid Boot Spray-applied Gas Vapor Barrier. February 2012. 6 U.S. EPA. OSWER Draft Guidance for Evaluating the Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils (Subsurface Vapor Intrusion Guidance). November 2002. 7 California Environmental Protection Agency. Use of California Human Health Screening Levels (CHHSLs) in Evaluation of Contaminated Properties. January 2005. cc: Mr. Harold Hohbach, Hohbach Realty Company Limited Partnership Mr. James R. Janz, Esq., Sideman & Bancroft LLP City Council City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Re: Park Plaza Ladies and Gentlemen: S)B SIDEMAN & BANCROFT UP One Embarcadero Center, Eighth Floor San Francisco. California 94111M3629 Telephone: 415.392.1960 Facsimile: 415,392,0827 Writer's FrMaiI; jjanz@>idernanoom May 25, 2012 RECEIVED MAY 292012 Departmont of Planning & Community Environmont At the October 3, 20 II Council meeting, some Council Members expressed concerns that the Park Plaza Project did not comply with certain Comprehensive Plan policies, or that the Project was not "pedestrian-friendly." We take these concerns seriously, and have the comments set forth below regarding these concerns. 1. The Comprehensive Plan and Project Design Enclosed with this letter is a chart showing the Comprehensive Plan Policies promoted by the Project. Park Plaza helps to achieve all of the applicable major themes of the Comprehensive Plan, as well as a number of the Goals and many Policies. The Goals are the general ends toward which the City will direct its efforts (Comprehensive Plan, page 1-4). The Policies are statements of principle or guiding actions that imply clear commitment but are not mandatory (Comprehensive Plan, page 1-4). Accordingly, not all projects will meet, or even be subject to, all Policies, but they should be in conformance with the Goals. For example, Park Plaza promotes Goal L-3, which promotes attraetive residential neighborhoods within walking distance of shopping and services, although eertain policies, such as Policy L-14 (discussed more fully below), are inapplicablc. Therefore, it is important to kcep in mind that the Comprehensive Plan is an overriding vision for Palo Alto. But no single element or subject of the plan superscdes any other (Comprehensivc Plan, page 1- 4). Finally, some projects, such as transit oriented development, may help to promote certain Goals, such as transportation with less reliance on the automobile, more than others. City Council May 25, 2012 Page 2 At the· October 3,2011 meeting, some Council Members expressed the speeific concern that the Project did not comply with Policies L-5, L-14, and L-49. These policies, and Applicant's response to each, are as indicated below: Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale. The Park Plaza Project is much smaller in size and scale than the AOL Building located across Park Boulevard, except for the street frontage along Park Boulevard. There are no other uses in the vicinity that would conflict with the scale of this Project. See chart. Project I Building Major Street Building Building Fo{)tprint Frontage Height Mass AOL 79,200 sf 437 feet 53' 0" I 3,864,742 cf (Page Mill) Park Plaza 50,494 sf 435 feet 40' 0" (top of 2,090,000 cf I (park Blvd.) parapet) 59' 4" (tower) . Po/icy L-14: Design and arrange new multifamily buildings, including entries and outdoor spaces, so that each unit has a clear relationship to a public street. Photos accompanying the Comprehensive Plan text show garden apartments which can, of course, be part of a multifamily building. However, large multifamily buildings with interior hallways and separate apartments on different floors cannot, for obvious reasons, be arranged so that all apartments have entries on a public street. In fact, using high density zoning such as RM- 40, it would not be possible to arrange garden apartments at such a density with each having a stoeet entry. Accordingly, this policy is inapplicable to multi-unit structures with apartment entrances on interior hallways, such as the Projeet. In addition, because this is a mixed use Projeet with two residential levels above R&D, the apartments can't front on a street. (Ground floor units are also harder to rent than upper floor units.) However, the Project does provide every apartment with a balcony (all but two units), and all balconies face on a public street, the exterior of the building, or the spacious interior courtyard. Policy L-49: Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing. The Park Plaza Projeet incorporates many of these features, many implemented with the encouragement and suggestion of the ARB. This Project will bring activity to an area that is City Council May 25, 2012 Page 3 empty at night, replacing old concrete and corrugated metal warehouses that have been demolished for this Projeet. Entries to R&D units along the first floor face the street, and careful attention has been paid to human-scale amenities along the Park Boulevard sidewalk and entrance to the courtyard. One Council member objected to the "inward" rathcr than "outward" orientation of the structure, because of the existence of the interior courtyard. There is no Goal or Policy in the Comprehensive Plan that militates against the use of interior courtyards. At the Project's inception, in 2005 and 2006, three other conceptual designs were reviewed, none of which included an interior courtyard, and models were prepared for the ARB. (Pictures ofthese conceptual models have previously been provided to all Council members.) The consensus at that time, which included comment from the then members of the ARB, was that the courtyard design was preferable. Indeed, in 2006, the Project received unanimous recommendation for approval from the ARB, despite the staff report recommending denial. It would be disingenuous on the part of the City to require the Applicant to begin again at this point. Furthermore, we do not agree with the Council member's comment. The primary entrance to the courtyard off Park Boulevard is wide and inviting, and has a large-scale fountain and sculpture, with seating areas located around the fountain. There is also a primary entrance at the Page Mill I Park comer, below the distinctive comer tower. While it is true that the courtyard is an important feature of the Project, the courtyard is open and inviting. 2. Pedestrian-Friendly Design Relating to the Comprehensive Plan Policies discussed above, some Council members raised questions about the massing and the pedestrian-friendliness of the Park Boulevard meade. This was also a particular concern of the ARB, which recommended a number of features, and approved the final design. A close inspection of the Park Boulevard facade from the pedestrian viewpoint indicates that it is divided into three distinct elements, and broken up by numerous entryways, the main entrance to the courtyard, the garage entrance, each of the six entrances to R&D spaces with canopies above, the south comer driveway and north comer entry point under the tower. The meade is further differentiated by varying but complementary arehitectural surfaces, recessed balconies, and the distinguishing tower at the Page Mill comer. In addition, street furniture, the sculpture and fountain with seating, and landscaping, make the Park Boulevard mcade extremely pedestrian-friendly. The street furniture includes colored concrete crescent-shaped seating areas with an elegant planter on a pedestal at one end. The colored crescent pattern is reflected in the adjoining sidC\valk. The fountain and sculpture abut the sidewalk next to the vehicle entry to the courtyard. The fountain, which is 15 feet in diameter, is surrounded by a scating area, and a five-foot wide pathway, inviting the public to stop and visit. Landscaping between the building and the street completes the pedestrian attractions. Enclosed are five architect renderings of various views of the Project which graphically represent some of the attributes discussed above, and demonstrate the pedestrian- friendly character of the Project along Park Boulevard, the attractive, inviting seating, and the differentiating facades which ameliorate the length of the building. City Council May2S,2012 Page 4 Certainly the lengthy history of the Project, the compliance of the Project with so many of the Comprehensive Plan Goals and Policies, the modifications made at the request of the Architectural Review Board, the 2006 City Council approval of the Project, and the two-time ARB approval of the Project, suggest that now is the time to approve the Project, deny the appeal made to the City Council, uphold the Director's approval, and allow the Project to proceed to obtain a building permit and begin construction as soon as possible, thus providing much needed rental housing with 17 affordable units and R&D space for Palo Alto. We appreciate your time and attention to this matter. Enclosures 5647-111472407vl MAJOR THEMES PARK PLAZA ~ COMPREHENSIVE PLAN POLICIES Park Plaza helps to achieve four of the Comprehensive Plan's seven major themes: • Maintaining and Enhancing Community Character • Reducing Reliance on the Automobile • Meeting Housing Supply Challenges • Meeting Residential and Commercial Needs 5647-111435523v3 05124/12 Page 1 CHAPTER 2 L&~1) USE AND COMMUNITY DESIGN • Park Plaza helps to achieve the VISion Statement, which reads in part: The diverse range of housing and work environments will be sustained and expanded to create more choices for all income levels. All Palo Alto neighborhoods will be improved .. .to encourage less reliance on the automobile. • Park Plaza helps to achieve many of the Goals, Policies and Programs: [GOal! Policy I Poli I p. 1: ·1 - I Policy L-9 Go alL-3 tp~~~u 5647·111435523v3 1 Program . Description A Well-Designed, Compact City, Providing Residems I and Visitors with Attractive Neighborhoods, Work Places, Shopping Districts, Public Facilities, and Open Spaces. Continue current City policy limiting future urban development to curreD1ly developed lands within the urban service area. Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale. Enhance desirable cbaracteristics in the mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development. . Safe, Attractive Residential Neighborhoods, Each With i Its Own Distinct Character and Within Wa1king Distance of Shopping, Services, Schools, and/or other Public Gatheriog Places. Evaluate alternative types of housing that increase density and provide more diverse housing opportunities. .. ~~~. Analysis Goal 1-1 and its accompanying policies and programs emphatically promote infill development. Park Plaza is an in:fi1l prQject which will create attractive residential and work places within the city where none exist now, with convenient access to transportation and shopping, and incorporating substantial open space for the residents and employees within the Project. ----------- Project is in the redeveloping Cal-Ventura area, and replaces . old, derelict warehouses which have been removed. The Park Plaza Proj eet is similar, although smaller, in scale i than the AOL Building located across Park Boulevard. There are no other uses in the viCinity that would conflict with the scale of this Project. Projeet will briug new mixed use development to Palo Alto. r _ . . . , i Its residents and help simulate further residential development of the Cal-Ventura area. Project is developed at approximately 35 units per acre, with one, two, and three bedroom rental apartments. Project contains many amenities, including elevated outdoor pool, 05/24112 Page 2 ,. G~~ll Policy 1 Program Description 1 ! Analysis exercise room, and locker rooms with showers, for use of residents and employees of the ground floor businesses. Policy L-29 ------II-;En;:c-co-ura-g-e-res-;'id7en---"ti:-al:-an---cd:-nnx-:-· -e""d-us-e-res-:-id:-en-tC7ial-;:----+i l :::P-ro~1ectisa nnxed use residentialfR&D building, located four development in the California Avenue area. walkable blocks from Califurnia Avenue shopping and services. Policy L-31 ·1· Develop the Cal-Ventura area as a well-designed Park Plaza will bring new life and vitality to the Cal-Ventura mixed use district with diverse land uses, two-to-three area with its transit oriented development near the CalTrain , story buildings, and a network of pedestrian-oriented station and proximity to California Avenue. streets providing links to California Avenue. Policy L48 Promote high quality, creative design and site planning Park Plaza is unique in prOviding a mixed use facility created PolicyL-49 I Policy L-50 that is compatIble with surrounding development and around an interior courtyard. The residents of the 84 units public spaces. i will bring life to the area after 6:00 p.rn. The building is Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human- scale details and massing. compatible with the larger AOL building on the other side of Park Boulevard, but is more pedestrian-friendly, with business entrances lacing the street, pedestrian benches, fountain and i sculpture with seating, and apartment balconies overlooking i the street. The Park Plaza Proj ect incorporates many of these features, many implemented with the encouragement and suggestion of the ARB. This Proj eet will bring activity to an area that is empty at night, replacing derelict warehouse spaces that have been removed. Entries to R&D units along the [lIst floor face the street, and careful attention has been paid to human-scale amenities along the sidewalk and entrance to the courtyard. appropriate for the location and balances visibility Review findings, and otherwise in accordance with the City needs with aesthetic needs. requirements. Encourage high quality signage that is attractive, ~ Signage will be provided in accordance with Architeetural I~P;;-O-;li;-' cy-;;L-:-=n::---------"I Promote and maintain public art and cultural facilities 111eJ>ar-ck-cP=IC"'az-a-Pr=-o":"dec-t,-=j"'ik-e-th""e-"'Sh""era-t-o-n -::P~laz-a-p-ro"'d:-ec-t-o-n-e--' throughout Palo Alto. Ensure that such proj eets are I' block away, will include sophisticated public art at the street compatible with the character and identity of the I level. I surrounding neighborhood. . 5647-1\1435523v3 05/24112 Page 3 - - - - - - - - --------------- Goal! Polic:\C I Program Description PolicyL-75 Minimize the negative physical impacts of parking lots. Locate parking behind buildings or underground , wherever possible. Policy L-77 Encourage alternatives to surface parking lots to minimize the amount ofland that must be devoted to parking, provided that economic and traffic safety goals can still be achieved. Policy L-78 Encourage development that creatively integrates parking into the project by providing for shared use of parking areas. 5647-1\143SS23v3 ----------------------- Analvsis ------------------ Parking is located in the subterranean garage, with a limited number of visitor spaces available in the courtyard. Park Plaza was designed with automobile and bicycle parking (lockers) below grade. A minimum amount of surface parking for autos and bicycles is available for visitors in or near the courtyard. ------ - ------------------ As a mixed use proj ect, employees in the building can use residential parking which is unoccupied during the day. Similarly, the employee parking will be available at night as parking for the residents. 05/24/12 Page 4 I CHAPTER 3 TRANSPORTATION • Park Plaza helps to achieve the Vision Statement, which reads in part: Palo Alto will aggressively pursue a variety of housing opportunities that enhance the character, diversity and vitality of the City. The: City is committed to increasing the development of affordable and market-rate housing, including converting non-residential lands to residential or mixed use. • Park Plaza helps to achieve many of the Goals, Policies and Programs: - - ---------- Goal 1 PolicI i Proi!!!m Description Analvsis i Goal T-3 Facilities, Services, and Programs that Encourage Park Plaza is transit-oriented development at its best. Located and Promote Wallcing and Bicycling. one block from the California Avenue Station, and four walkable blocks from California Avenue. The mixed use provides the opportunity for residents to work in the same building, or to access the Bay Area by Caltrain. One hundred permanent bicycle lockers are located in the Project. With a I major grocery store (JYlo11y Stone's) and other shops and ! services on California Avenue, and a Transportation Demand Management Program, residents will be able to reduce or completely eliminate the need for an automobile. I . Make land use decisions that encourage walking, The location of this mixed use facility near transit and public PolicyT-l I PoIkyT-i9 I bicycling, and public transit use. services is in perfect accord with PoliCYT-1. Improve and add artractive, secure bicycle parking As stated above, the Project provides eighty-four bicycle at both public and private facilities, including multi-lockers ill the subterranean garage and sixteen lockers on the modal transit stations, on transit vehicles, ill City surface, with twelve short-term bicycle storage facilities for parks, ill private developments, and at other visitors ill the courtyard. community destinations. ""C: ••• " ..... _ .... PolicyT-22 Improve amenities such as seating, lighting, bicycle, Streat furniture illc1udes six colored concrete crescent·shaped parking, street trees, and futerpretive stations along . raised seating areas. The colored crescent pattern is reflected bicycle and pedestrian paths and in City parks to ill the sidewalk. A fountaill and sculpture abut the Park encourage walking and cycling and enhance the Boulevard sidewalk next to the vehicle entry to the courtyard. feeling of safety. The fountain, which is fifteen feet in diameter, is sUlrounded by seatfug area, and a five-foot wide pathway, illvitillg the public to stop and visit Extensive landscaping and street I trees are located along the building on Park Boulevard and Page Mill Road. 5647-111435523v3 I I I 05124/12 PageS " ~~~~ ~~~~ Goal! PQlicX ! Prog[am Descril1tion GoalT-8 Attractive, Convenient Public and Private Parking Facilities. 5647-1\1435523v3 ~~ Analvsis Parle Plaza is well-parked with 274 underground garage spaces, easily accessible from Parle Boulevard, along with up to 28 visitor parking spaces in the courtyard (9 of which are in i the landscape reserve), also available from Park Boulevard. I 05124/12 Page 6 CHAPTER 4 HOUSING ELEMENT • Park Plaza helps to achieve the VIsion Statement, which reads in part: Palo Alto will aggressively pursue a variety of housing opportunities that enhance the character, diversity and vitality of the City. The City is committed to increasing the development of affordable and market-rate hOUSing, including converting non-residential lands to residential or mixed use. • Park Plaza helps to achieve many of the Goals, Policies and Programs: Goal 1 Policy 1 Program ~~ ~ ~ ~ ~tT Description m -------------------------------------------- A Supply of Affordable and Market Rate Housing That Meets Palo Alto's Share of Regional Housing i Needs. Analysis Per ABAG 2010 estimate, Palo Alto has 95,000 jobs. Per the 2000 census, Palo had 26,000 housing units. The addition of 84 rental units within a developed area of the City, particularly in a mixed use project which has its own Policy H-2 PolicyH-3 PolicyH-4 employment opportunities, will help offSet the jobslhousing imbalance. The Project site is on the Housing Site Inventory, and the Project includes both market rate and affordable (17 units) rental apartments. Identify and implement a variety of strategies to Park Plaza is developed at 35 units per acre, in the Cal- , increase housing density and diversity in appropriate Ventura area. It includes a range of unit sizes (1, 2, and 3 locations. Emphasize and encourage the bedroom units), as well as 17 affordable units. The Project is development of affordable and artainable housing. entirely rental, which is rare in Palo Alto. ---------------------Continue to support the re-designation of suitable Although zoned for manufacturing, the site is listed on the vacant or underutilized lands for housing or mixed Housing Site Inventory and is therefore suitable for uses containing housing. development for residemial uses. The land is presently vacant, and was previously developed with aging and unattractive concrete and corrugated metal warehouse buildings. Encourage mixed use projects as a means of increasing the housing supply while promoting diversity and neighborhood vitality. This is a mixed use project which will bring residential life to an area which is primarily R&D,office and industrial. GiJa"'CI~H=_-c5c---------+1 Reduced Housillg Expenses for Energy. The Project will be developed to LEED silver standards. In addition, the developer has submitted a Multi-family Green Point Rated Checklist for the residential portion of the Project and a California Green Building Code form -Tier 2 -for the R&D portion of the Project. and PolicyH-25 Reduce the cost of housing by continuing to . promote energy efficiency, resource management, ! and conservation for new and existing housing. L-_________ L-______________ ..lI ___ ~~~ ___ ~ 5647-111435523v3 05/24/12 Page 7 CHAPTER 7 BUSINESS AND ECONOMICS • Park Plaza helps to achieve many of the Goals, Policies and Programs: I Goal I policVTP~02ram I Description Ik-;IVSis .. Policy B-2 PolicyB-7 and PolicyB-9 5647-111435523v3 Support a strong interdependence between existing commercial centers and the swrounding neighborhoods as a way of encouraging economic vitality. Encourage and support the operation of small, independent businesses. Encourage new businesses that meet the City's business and economic goals to locate in Palo Alto. Park Plaza provides additional customers for the existing businesses on California Avenue by the addition of 84 residential units only a few blocks away. The California Avenue business district is an appropriate commercial center to service the residents of the Project, and the Project helps extend the reach of the California Avenue merchants into the Cal-Ventura area. The provision of 50,467 sq. ft. of Research & Development , space is intended to support and encourage the development of start-up businesses in technology areas. 05/24112 PageS City of Palo Alto (ID # 2817) City Council Staff Report Report Type: Action ItemsMeeting Date: 6/4/2012 June 04, 2012 Page 1 of 6 (ID # 2817) Summary Title: Hazardous Material Evaluation and Standards Program Title: Approval of Budget and Schedule for Technical Analysis of Hazardous Materials Implications for Zoning at Industrial Locations and for Plating Shop Operations at Communications and Power Industries (CPI) at 811 Hansen Way From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council authorize staff to retain contract services of up to $35,000 to: (1) conduct an assessment of CPI’s plating shop operation, including evaluation of both past reports and methodologies related to CPI’s operations and “best practices” and current operations; and (2) prepare technical support information related to zoning, amortization and hazardous materials issues. City staff also will identify potential Zoning and Fire Code amendments, if appropriate, with input from the selected consultant. Executive Summary Communications and Power Industries, Inc. (CPI), or its predecessor firm, Varian Associates, has occupied the property at 607 and 811 Hansen Way since 1953. In 2006, CPI moved its San Carlos operation to Palo Alto and upgraded its plating shop, which is located immediately adjacent to residences in the Barron Park neighborhood. Those neighbors have expressed significant concern about the operations at CPI, particularly in light of several accidental discharges or releases of chemicals at the site. In 2007, the Council adopted a zoning ordinance requiring that the location of new industrial facilities using hazardous chemicals over the limits described in California Health & Safety Code Title 19 be more than 300 feet away from residential uses. The City also commissioned an “amortization” study to define a reasonable period of time for CPI to recoup its investment in the plating shop, but then to relocate it away from the residential June 04, 2012 Page 2 of 6 (ID # 2817) area. On April 23, 2012, the City Council reviewed and discussed the “amortization” study, and heard from neighbors in Barron Park and from CPI representatives. CPI informed that City and the public that it had reduced its use of hazardous chemicals below the thresholds in Title 19. The Council directed that staff return with: (1) an outline of the budget and (2) a schedule for further technical analysis of both CPI’s potential off-site impacts and a broader evaluation of the potential impacts of siting industry using hazardous materials in proximity to residential areas. The intent of the additional technical analysis is to assist the City to determine whether and to what extent it may be appropriate to modify the current Fire and Zoning codes in the interests of public health and safety and to evaluate how the findings of the technical analysis might affect amortization. Staff has outlined an expected cost of $35,000 for a consultant to complete such a work effort. Staff also estimates that 240-300 hours of staff time will be required, across five departments, to coordinate the study and to identify potential zoning and amortization approaches, if required. The goal would be to complete the work over the coming 6 months (December 2012). Background At the April 23rd meeting, Council asked that staff return within 30 days with an estimate of budget and schedule to retain a third-party consultant to prepare the following scope of work: Scope of Work: Prepare a technical assessment of the risks associated with the use, storage and handling of hazardous materials, particularly related to potential risk levels for residential areas and sensitive populations, such as school facilities, proximate to such hazardous materials facilities operations. Services should be provided on an independent, third-party basis and should indicate how the consultant would assure such independence from the regulated industry. There are a number of independent consultants in the field who work only for public agencies. A general outline of the consultant and staff work includes: Inventory and analyze the chemical and other materials on site at CPI. This would include both an on-site inventory of chemicals and an off-site hazardous materials assessment of CPI’s hazardous materials use, storage, and handling, based on multiple assessment models and a comparison to June 04, 2012 Page 3 of 6 (ID # 2817) the quantities included in prior assessments prepared by CPI. This work would also include site visits and analysis to consider the current chemical life-cycle on site, e.g., handling of materials from delivery to the site to disposal. This should include an analysis of the effects of inadvertent combination of all chemicals on site, not just single chemicals or those currently identified as hazardous. This work will require an agreement between the City, CPI and the consultant regarding access to and use of proprietary and security-sensitive information. CPI has indicated a willingness to enter into an appropriate agreement to address these issues. The analysis should include definitions of ‘best practices’ for use of chemicals on site and definitions and thresholds of ‘acceptable level of risk’ in terms that can be incorporated, if appropriate, into the Zoning and Fire Code requirements for all uses which require these materials in defined quantities. Where appropriate to address current health and safety needs, ‘best practices’ should also be identified for potential inclusion in the current CPI hazardous materials handling practices at their Palo Alto site. This recommendation should focus on minimizing the current use and impacts from hazardous materials at the CPI site. Evaluate zoning approaches used by other cities or counties to avoid or mitigate impacts of hazardous materials use, storage and handling on adjacent or nearby residential uses. As appropriate, recommend amendments to the Palo Alto Fire and Zoning Codes standards based on the identified definitions and thresholds of hazardous materials use, storage and handling that may be appropriate proximate to residential uses. After Council review, the Consultant may be asked to assist City staff in drafting such regulatory revisions for further public review and discussion. Present a report summarizing technical assessment and recommendations as they may affect amortization options so that they may be considered in the review of any potential action with respect to amortization. The Council also directed that staff return with the results of the consultant study and subsequent City action on appropriate city codes with a goal of six months or less. The Council’s Action Minutes are included as Attachment A to this report. Staff believes that the outline above captures the intent of the motion, though it is not verbatim as the motion was developed in the context of several amendments. The April 23, 2012 Council staff report is provided as Attachment B. June 04, 2012 Page 4 of 6 (ID # 2817) Discussion The purpose of this Council meeting is to present an outline of the work effort required by staff and consultant services to accomplish the direction of Council. The effort will include input from several departments, including the Manager’s Office, the City Attorney, Planning and Community Environment, Public Safety (Fire), and Administrative Services. The discussion is broken down into consultant services, staff resources, and a proposed schedule. Technical Consultant Services If directed to proceed by Council, the staff would prepare a Request for Proposals (RFP) based on the scope of services identified above. To insure a prompt response, staff would send the RFP to a preselected group of three qualified consultants. The response would require each firm to indicate their qualifications and independence, proposed cost of services, and whether they could accomplish the work within the proposed time frame. Staff expects that it should take about two weeks to get the RFP circulated. Respondents should be given at least two weeks to respond. Within a week of response, a consultant should be selected. (Total time is estimate at about 30-45 days). Initial inquiries indicate that, based on the tasks described and providing CPI, the City and the consultant promptly reach agreement on access to and protection of proprietary and security-sensitive information, the preparation of the consultant’s report should take about 90 days from the award of the contract. The consultant would continue to work beyond the completion of the initial report to assist staff preparing any revisions to the zoning and fire codes and attending any subsequent public meetings and hearings. Complications in terms of access to information could result in delay of the contract or the study, however. Staff Resources Staff work on this task would require the involvement of five City departments: Planning and Community Environment, Public Safety (Fire), Administrative Services, the City Attorney’s office, and the City Manager. In this case the staff scope of work is defined as reviewing the consultant’s draft report, research in preparation for any Zoning and Fire code changes, and, if appropriate, preparing the appropriate revisions to the Zoning and Fire Codes identified in the consultant’s study for initiation by Council. The Consultant would be available to assist staff with terms, issues and measurements including definitions and June 04, 2012 Page 5 of 6 (ID # 2817) thresholds. Any identified potential zoning and fire code changes will be reported to the City Council in December for consideration for initiation. Consideration of amortization implications will also be presented in December. Review of any changes to the zoning and fire codes by the Planning and Transportation Commission and adoption action would follow Council initiation. The local Fire Code changes, if any, based on state law, cannot be adopted until January 2014. In order to identify any potential zoning and fire code amendments and amortization recommendations within the 6 month goal, staff members from all involved departments would need to begin background work on the zoning and fire codes. Staff estimates that the project would require an estimated 240-300 hours of professional Planning, Fire, and City Attorney staff time, primarily at a senior management level. Time to prepare necessary staff reports, department review and attend required public meetings for code adoption is not included in the estimated staff time. The cost estimate assumes that the services of additional outside consultants or outside counsel would not become necessary. Staff also notes that the current Fire Marshal, who is the only management staff familiar with the site and project history, is retiring in July of 2012, so there may be additional time or resources required from Fire in order to support the project. Schedule Based on initial conversations with experts in the hazardous materials field, staff estimates that, after the selection of a hazardous materials consultant (about 30- 45 days), it would take about 90 days for the firm to prepare the needed report. That would leave 60 days to review and finalize the report, consider the amortization implications and identify potential zoning and fire code amendments for Council initiation. Consultant work with staff to prepare the amortization recommendations could not begin until the consultant report is completed. This schedule assumes that the Planning and Transportation Commission and City Council have the time in their meeting schedules to address the products of this effort in a timely and efficient manner. It has also not been determined what CEQA review and associated circulation review time would be required for any changes proposed to City codes and regulations. This time would have to be accommodated in the subsequent review process, and could potentially extend the schedule. June 04, 2012 Page 6 of 6 (ID # 2817) Resource Impacts Funding for the consultant study would be provided from available funds from FY 2011-2012 Planning and Community contract services funds in the current operating budget. An intensive review as outlined above is outside the current work program for planning and fire staff. Staff believes that other projects may need to be deferred to complete the project within six months. Schedules for one or more of the following City planning efforts may be delayed by the commitment to the hazardous materials study and zoning: a) the City’s responsiveness to the Sustainable Communities Strategy (SB375) and housing allocations, b) the Comprehensive Plan (including the California Avenue/Fry’s area concept plan), and/or c) the wireless communications review. Policy Implications The study and possible zoning changes reflect the City’s efforts to protect public health and safety of the City’s residents, while promoting economic development objectives. Environmental Review Environmental review is not required at this time, but subsequent actions, particularly any potential zoning changes, may require an initial study and subsequent environmental review. Attachments: Attachment A: April 23, 2012 City Council Action Minutes (PDF) Attachment B: April 23, 2012 Council Staff Report w/o Attachments (PDF) Prepared By: Curtis Williams, Director Department Head: Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager 04/23/2012 Action Minutes Special Meeting April 23, 2012 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:00 P.M. Present: Burt, Espinosa, Holman, Klein, Price, Scharff, Schmid, Shepherd, Yeh (left at 10:00 PM) Absent: ACTION ITEMS 1. Discussion of Zoning Amortization Study and Options Related to Communications and Power Industries (CPI) at 811 Hansen Way. MOTION: Council Member Burt moved, seconded by Council Member Espinosa to direct Staff to; 1) return with a budgetary proposal to hire an independent 3rd party expert to evaluate off-site hazardous assessments under several models and compare to current zoning and CPI practices, 2) recommend definitions and thresholds of hazardous materials facilities that would be considered for a Zoning Ordinance proximate to residential areas, and 3) initiate a Zoning Ordinance amendment to prohibit plating shops, or facilities using similar hazardous materials without appropriate separation of residential areas. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct Staff to return within 30 days with a budget proposal. AMENDMENT: Council Member Holman moved, seconded by Council Member XXXX to require amortization for CPI consistent with the amortization study which is 14 years longer. AMENDMENT FAILED DUE TO LACK OF A SECOND INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER TO request Staff present to Council recommendations on 2 04/23/2012 potential amortization options to be reviewed in the context of the information provided by the third party consultant. INDORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to include within the best practices, best zoning practices. INDORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to direct Staff return with the results of the consultant study and the subsequent City action with a goal of six months or less. MOTION PASSED: 8-0 Yeh Absent ADJOURNMENT: The meeting was adjourned at 12:24 A.M. City of Palo Alto (ID # 2712) City Council Staff Report Report Type: Action ItemsMeeting Date: 4/23/2012 April 23, 2012 Page 1 of 6 (ID # 2712) Summary Title: CPI Amortization Study Title: Discussion of Zoning Amortization Study and Options Related to Communications and Power Industries (CPI) at 811 Hansen Way From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council consider input from staff, CPI and the Barron Park residents, and direct staff whether to prepare zoning amendments or develop additional materials, including consultation with a technical peer reviewer regarding the feasibility of potential improvements to further reduce hazardous materials quantities at CPI and the risk level of such materials in proximity to residential properties. Executive Summary Communications and Power Industries, Inc. (CPI), or its predecessor firm, Varian Associates, has occupied the property at 607 and 811 Hansen Way since 1953. In 2006, CPI moved its San Carlos operation to Palo Alto and upgraded its plating shop, which is located immediately adjacent to residences in the Barron Park neighborhood. Those neighbors have expressed significant concern about the operations at CPI, particularly in light of a few accidental discharges or releases at the site. The City has commissioned an “amortization” study to define a reasonable period of time for CPI to recoup its investment in the plating shop, but then to relocate it away from the residential area. The intent of the meeting item is to review and discuss the “amortization” study, to provide input from staff, CPI and Barron Park residents, and to allow the Council to provide direction for next steps. A few options are outlined, including a) initiating zoning amendments and amortization for the CPI plating shop, b) evaluating a broader scope of impacts of hazardous materials uses adjacent to residential areas, and/or c) working with CPI and neighbors to facilitate further meaningful reductions in the amount and/or changes in the use, transportation or storage of hazardous materials in this location to enhance health and safety of the adjacent neighborhood. Background April 23, 2012 Page 2 of 6 (ID # 2712) Communications and Power Industries, Inc. (CPI), or its predecessor firm, Varian Associates, has occupied the property at 607 and 811 Hansen Way since 1953. The Microwave Products Division of CPI manufactures klystron vacuum tubes, which are used to amplify microwave and radio-frequency signals for various applications, including defense systems, satellite communications and medical devices. As part of the manufacturing facility, CPI operates a metal plating shop, which is located in a building adjacent to residential property located on Chimalus Drive in the Barron Park neighborhood (Attachment A). Until recently, the plating shop was the only facility in Palo Alto that uses or stores hazardous materials (potassium cyanide and nitric acid) at or above the threshold limits for regulation under the California Accidental Release Prevention Program (“CalARP”), under Title 19 of the California Code of Regulations. In 2005-2006, CPI consolidated the operations of its San Carlos facility (formerly Eimac Products) in Palo Alto. As part of and subsequent to the consolidation, and in response to three hazardous materials incidents at the site, CPI has made substantial upgrades to the plating shop, including upgrades to storage, processing and safety equipment. Some of these upgrades included: February 2005: Partial seismic upgrade to plating shop building. April 2008: Installation of toxic gas alarms outside plating building (on Chimalus side) to detect nitric acid or hydrogen cyanide fumes or vapors. January 2009: Relocation of Potassium Cyanide from exterior storage building into plating building. March 2009: Installation of natural gas generator to provide emergency power to plating shop ventilation and treatment system. May 2009: Installation of filtered fume hood for handling and weighing potassium cyanide. 2006–2009: Reduction of Potassium Cyanide quantities from approximately 700 pounds to approximately 400 pounds and reduction of Nitric Acid from over 4000 pounds to less than 2000 pounds. In March of 2012, CPI reported to the County that it has reduced the storage or use of Potassium Cyanide to below 100 pounds and the storage or use of Nitric Acid to below 1,000 pounds, both below the threshold of the Title 19 regulations (Attachment C). CPI also notified the City’s Fire Department of that action and staff is awaiting confirmation from the County. Hazardous Materials Incidents In February of 2006, residents in the Chimalus neighborhood reported a noxious odor, which turned out to be caused by a gas (nitric acid) release from CPI. Following this incident, neighbors began expressing concerns about the proximity of the plating shop to the residential neighborhood, as well as “right-to-know” regulations. In March of 2008, approximately 10 gallons of 31% hydrochloric acid was released in the rear April 23, 2012 Page 3 of 6 (ID # 2712) driveway and about 60 gallons of a less than 31% mixture of hydrochloric acid and water were release inside the basement of Building 2 during a chemical delivery due to an improper overfill and disconnect procedure by the delivery driver. In May of 2008, approximately 50 gallons of diluted wastewater containing copper and nickel was released to Matadero Creek due to improper weekend shutdown of process equipment and improper opening of a containment valve that discharges to the creek. Corrective actions were taken for each of the events and no incidents have been identified or reported since 2008. As noted above, a number of upgrades followed some of the incidents and discussions with the City and neighbors. Zoning Ordinance Amendments In 2006, in response to concerns expressed by Barron Park residents about the proximity of highly toxic chemicals to the neighborhood, the City Council enacted zoning code amendments to address their concerns. The amendments are encompassed in Section 18.23.100 (Hazardous Materials) of the Municipal Code and were intended to prevent further intensifying such hazardous materials use and to provide more notification for residents anywhere throughout the City when adjacent facilities increased or modified hazardous materials use and storage. In particular, a conditional use permit (CUP) is required for any new facility that would be subject to CalARP (Title 19) regulation. In addition, no facility that is subject to CalARP regulation is allowed within 300 feet of a residential zone or property with existing residential uses. However, because CPI was in existence at the time of the new requirements, it is considered a legal nonconforming use. A legal nonconforming use may generally continue, provided that the level of nonconformity is not expanded and the use does not change. The ordinance did not include provisions for “amortization,” i.e., phasing out the nonconforming use. The zoning code section is included as Attachment D. Amortization Study In response to continuing neighborhood concerns, the City commissioned an amortization study to evaluate the time period required to allow the phase out of the plating shop operation within 300 feet of the residential area while permitting CPI a reasonable period of time to recoup its investments in that facility. The study was completed in July of 2011 and the results are discussed below. Discussion The purpose of the Council meeting is to present the amortization study results and to outline zoning or other options to reduce or eliminate potential hazardous materials impacts on neighboring residential properties. Amortization Study Amortization of a nonconforming use is intended to phase out a use that is either incompatible with adjacent uses or where a change in use is desired as an orderly planning transition to other uses (for instance, conversion of an area from light industrial uses to residential). The City of Palo Alto has provided in the past for amortization periods of anywhere from five years to 30 April 23, 2012 Page 4 of 6 (ID # 2712) years for changes in use. The California Supreme Court has held that “zoning legislation may validly provide for the eventual termination of nonconforming uses without compensation if [the legislation] provides a reasonable amortization period commensurate with the investment involved.” Metromedia, Inc. v. City of San Diego (1980) 453 Cal.3d. 848. The City would look to a number of factors in determining a reasonable amortization period. Where the elimination of the use would require the removal of physical improvements, “the reasonableness of the amortization period depends on the interplay of many factors, including the depreciated value of the structures to be removed, their remaining useful life, and the harm to the public if they are left standing.” City of Salinas v. Ryan Outdoor Advertising, Inc., (1987) 189 Cal.App. 3d 416. In response to the Barron Park neighborhood concerns, the City commissioned an amortization study (Attachment B) to determine a reasonable amortization period for CPI to come into compliance with the current Zoning Ordinance. The study, prepared by CB Richard Ellis (economic real estate consultants), concluded that a reasonable amortization period is 20 years from the date that the most significant improvements occurred on the CPI site. Specifically, the study would support an ordinance eliminating the nonconforming use in 2026, fourteen (14) years from now. Because CPI indicated at the time it could not achieve compliance with the zoning regulations (reduction of chemical use below Title 19 thresholds), the study assumes that CPI would be required to relocate its plating shop to a location more than 300 feet from residential property. CPI cooperated with the study and provided confidential financial information to the City’s consultants (note that the study is redacted to exclude some financial information). Staff expects CPI to take the position that amortization is unwarranted at this time. Staff also anticipates CPI to take a different perspective on appropriate amortization methodology and to contend that a longer period is appropriate should amortization occur. Zoning Options Staff notes that, if the County verifies CPI’s statement that it is now below Title 19 thresholds for hazardous materials, they are currently in compliance with zoning. Staff has identified a few potential approaches, however, to implement the intent of the amortization study or other methods to further minimize risk to surrounding neighbors. The potential feasibility or drawbacks to the options are outlined as well. 1. Initiate a Zoning Ordinance amendment to prohibit plating shops, or facilities using similar hazardous materials, within 300 feet of residential zones, and require amortization for CPI consistent with the amortization study. This will entail outreach to CPI and neighbors and an assessment of other plating shops in the community (three) and whether there would be any concerns (they are not proximate to residential). 2. Amend the Zoning Ordinance to better define the levels of hazardous materials use and storage for plating shops and similar industrial processes and appropriate separation from residential areas, and provide for amortization periods accordingly. This option would likely rely on technical hazmat experts to provide input for those criteria. The April 23, 2012 Page 5 of 6 (ID # 2712) resultant regulations may also affect businesses other than CPI, particularly in the Research Park, where many businesses abut residential sites. 3. Do not modify the zoning, but work with CPI and the neighbors to achieve further reductions in chemical use and storage, and possibly changes in the handling, transportation, storage and use of hazardous chemicals, to reduce risk and promote health and safety in the adjacent neighborhood. Seek technical consultant assistance to evaluate hazardous materials operations to suggest methods to achieve further meaningful reductions and improvements in safety practices. Negotiate voluntary compliance with identified improvements, or, in the absence of voluntary compliance, evaluate options for regulatory action and appropriate phase-in period. Staff recommends that Council discuss the input from staff, CPI, and the neighbors and provide direction regarding the above alternatives and a timeframe for response. At a minimum, it appears that it would be beneficial for the City to retain a technical consultant to provide a strong basis for subsequent City actions and/or to work with CPI to further reduce chemical usage and enhance safety measures. Resource Impacts Resource impacts will include staff time to research the issues further and work with the neighbors and CPI, as well as to amend the Zoning Ordinance (including hearings with the Planning and Transportation Commission and Council), if so directed by Council. Other costs may include retaining hazardous materials technical consultants to advise the City. Finally, there may be potential litigation costs of various actions. Policy Implications CPI is currently in compliance with the Zoning Code. However, further action may be appropriate to assure that health and safety is provided for neighboring residential areas. There are also policy implications regarding how or whether subsequent actions would affect other businesses in the Research Park or elsewhere in Palo Alto. Environmental Review Environmental review is not required at this stage of discussion. Enviornmental review will, however, be required at the time of any proposed zoning ordinance amendments. Staff anticipates, however, that no environmental impacts would accrue from amortization as the result would generally enhance health and safety for nearby residents. Attachments: Attachment A: Location Map (PDF) Attachment B: July 6, 2011 CPI Amortization Study (PDF) April 23, 2012 Page 6 of 6 (ID # 2712) Attachment C: March 28, 2012 Letter from CPI to Santa Clara County Re: CalARP DeRegistration (PDF) Attachment D: Section 18.23.100 (Hazardous Materials) of the Zoning Code (PDF) Attachment E: April xx, 2012 Letter from CPI (PDF) Prepared By: Curtis Williams, Director Department Head: Curtis Williams, Director City Manager Approval: ____________________________________ James Keene, City Manager