HomeMy WebLinkAbout1999-09-27 City Council (7)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
SEPTEMBER 27, 1999 CMR:370:99
445 BRYANT STREET (LOTS S/L) [FILE NOS. 98-ZC-11, 98-ARB-
159, 98-EIA-23, AND 98-SUB-5]: REVIEW OF AN APPLICATION
BY THE CITY OF PALO ALTO PUBLIC WORKS DEPARTMENT
FOR THE FOLLOWING ITEMS: 1) ZONE CHANGE FROM A
PUBLIC FACILITY (PF) AND COMMERCIAL DOWNTOWN
DISTRICT WITH PEDESTRIAN SHOPPING COMBINING
DISTRICT (CD-C (P)) TO A PLANNED COMMUNITY (PC) ZONE
AND TO ALLOW THE CONSTRUCTION OF A MULTI-LEVEL
PARKING GARAGE ON EXISTING CITY OF PALO ALTO
PARKING LOTS S/L; 2) TENTATIVE SUBDIVISION MAP
APPROVAL TO REMOVE 19 UNDERLYING LOT LINES AND
COMBINE THE LOTS INTO ONE LOT FOR THE PURPOSE OF
THE ABOVE PROJECT; AND 3) CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR)
528 HIGH STREET (LOT R) [FILE NOS. 98-ZC-12, 98-ARB -180,
98-EIA-25 AND 98-SUB-6]: REVIEW OF AN APPLICATION BY
THE CITY OF PALO ALTO PUBLIC WORKS DEPARTMENT FOR
THE FOLLOWING ITEMS: 1) ZONE CHANGE FROM A PUBLIC
FACILITY (PF) TO PLANNED COMMIYNITY (PC) ZONE TO
ALLOW THE CONSTRUCTION OF A MULTI-LEVEL PARKING
GARAGE ON AN EXISTING CITY OF PALO ALTO PARKING
LOT R; 2) TENTATIVE SUBDIVISION MAP APPROVAL TO
REMOVE 8 UNDERLYING LOT LINES AND COMBINE THE
LOTS INTO ONE LOT FOR THE PURPOSE OF THE ABOVE
PROJECT;AND 3)CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR)
CMR:370:99 Page 1 of 9
REPORT IN BRIEF
On August 9, 1999, the City Council held a public hearing on the proposed project. The
Council voted to continued the proposal to September 27, 1999. The City Manager’s
Report (CMR:341:99) for this item included a request made by the Public Works
Department for direction on the design and massing for the parking structures, approval
of buildout of Lots S/L for a Teen Center and office space, and approval of a Budget
Amendment Ordinance (BAO) in the amount of $70,000 to augment the Downtown
Parking Structure Feasibility Study Capital Improvement Project 19530.
This report contains additional items to be reviewed and considered along with the items
continued from August 9, 1999, including an application for a Planned Community Zone
District (PC), and a Tentative Subdivision Map for the two proposed parking structures,
along with certification of the Final Environmental Impact Report (FEIR).
CMR:370:99 Page 2 of 9
RECOMENDATION
Staff recommends that the Council:
Adopt the attached resolution certifying the adequacy of the Environmental Impact
Report (EIR) for both parking structures and making the required California
Environmental Quality Act (CEQA) findings, including a Statement of Overriding
Consideration for one finding of significance and potential unavoidable short term
impact, that is, temporary loss of parking for both parking structures (see
Attachment A).
Approve the parking garage at 445 Bryant Street (Lots S/L), including:
ao Adopt the attached Planned Community (PC) Ordinance, including 1) draft
findings and conditions, 2) rezoning the property from (PF) Public
Facilities and CD-C (P) Commercial Downtown District with Pedestrian
Shopping Combining District to PC District (see Attachment B) and 3)
request for a waiver of required parking for the new square footage of the
proposed Teen Center;
bo Approve the attached proposed staff findings for Architectural Review
Standards (see Attachment C);
Co Approve the Tentative Subdivision Map based on the draft findings (see
Attachment D) and draft conditions (see Attachment E); and
d. Approve the architectural design "Scheme B."
3.Approve the parking garage at 528 High Street (Lot R) to include the following:
a°Adopt the attached PC Ordinance, including draft findings and conditions,
rezoning the property from PF (Public Facilities) to PC (Planned
Community) Zone (see Attachment F);
bo Approve the attached proposed staff fmdings for Architectural Review
Standards (see Attachm6nt G);
Co Approve the Tentative Subdivision Map based on the draft f’mdings (see
Attachment H) and draft conditions (see Attachment I); and
d. Approve the architectural design "Scheme B."
Planning Commission Recommendations
The following actions were taken on the parking structures at Lots S!L and Lot R on July
28, 1999:
CMR:370:99 Page 3 of 9
Denial of"Scheme B" architectural design (4-0-0-3, Commissioners Schink, Byrd
and Beecham not participating).
Two motions were put forth by the Planning Commission regarding the approval
of the Planned Community (PC) zone: one motion to approve and one motion to
deny. Both motions failed (2-2-0-3, Commissioners Schink, Byrd and Beecham
not participating).
o Approved the waiver of required parking in-lieu fee for new square footage of the
proposed Teen Center for the parking structure on Lots S/L (4-0-0-3,
Commissioners Schink, Byrd, Beecham not participating).
Approved staff recommendation on the Tentative Subdivision Map with
modifications to the text of the draft finding (4-0-0-3, Commissioners Schink,
Byrd, Beecham not participating.)
o Conditionally approve the staff recommendation finding that the Draft
Environmental Impact Report (DEIR) was adequate and recommended that the
Council find that the DEIR has been prepared in compliance with California
Environmental Quality Act (CEQA) and adequately analyzes the potential impacts
of the project and related mitigation measures. As part of its approval, the
Commission suggested that the EIR consider Comprehensive Plan Policies T-3
(reduction in auto use) and L-5 (maintaining the scale and character and avoiding
land uses that are unacceptable due to size and scale), and Programs T-49
(implementation of a supply and demand management strategy for downtown) and
T-46 (minimizing the need for all-day employee parking in the University Avenue
district.) (4-0-0-3, Commissioners Schink, Beecham and Byrd not participating).
°Approved staff recommendation relative to overriding considerations, with the
following wording change (underlining denotes additions) "That the City Council
make a statement of overriding consideration for one fmding of significance and
potential unavoidable short term impact, that is temporary loss of parking" (4-0-0-
3, Commissioners Schink, Byrd, Beecham not participating)
Architectural Review Board Recommendation
The following actions were taken by the Architectural Review Board on the parking
structures at Lots S/L and Lot R on May 20, 1999:
The Architectural Review Board (ARB) recommended to City Council
certification of the DEIR with a statement of overriding consideration for one
finding of significance and unavoidable short term impact and adoption of the PC
Ordinance, including findings and conditions, rezoning the property at 445 Bryant
Street (Lots S/L) from (PF) Public Facilities and Commercial Downtown District
CMR:370:99 Page 4 of 9
with Pedestrian Shopping Combining District CD-C (P) to PC Planned
Community District and the property at 528 High Street (Lot R) from PF (Public
Facilities) to PC (Planned Community) Zone; and
Denial on the architectural designs of the parking structure which includes both
’Scheme B" and "Scheme C" for the parking structure located at 445 Bryant Street
(Lots S/L) and 528 High Street (Lot R).
PROJECT DESCRIPTION
The proposal is an application for two parking structures located in downtown Palo Alto.
This application includes a PC Zone Application, a Tentative Subdivision Map and
Certification of Final Environmental Impact Report.
Planned Community Zone Application
The proposed parking structures would not be permitted under the provisions of the
current Public Facility (PF) zoning or Commercial Downtown Community Zoning (CD-
C) because the Floor Area Ratio (FAR) of the garages exceeds the PF and CD-C limits
of 1:1. The proposed PC zoning permits an increase in the minimum FAR and reduction
in the setbacks. If the PC zoning is approved, the resultant FAR for 445 Bryant Street
(Lots S/L) would be 2.92:1, with no minimum setback and 206,300 square feet of garage
area. The FAR for 528 High Street (Lot R) would be 3:1, with a setback on the north
side of the lot.
Tentative Subdivision Map
In order to process the zoning change, a Tentative Subdivision Map is required for each
site to merge parcels. The parking structure at 445 Bryant .Street (Lots S/L) requires
Tentative Subdivision Map approval to remove 19 underlying lot lines and combine the
lots into one lot. The parking structure at 528 High Street (Lot R) requires a Tentative
Subdivision to remove 8 underlying lot lines and combine the lots into one lot. If an
assessment district is approved, a final parcel map will be presented for approval.
Final Environmental Impact Report
The Final Environmental Impact Report (FEIR) has been prepared by staff. It consists of
responses to all oral and written comments presented during the public review period, as
well as text changes made to the DEIR as a result of the staff and public review of the
DEIR and Planning Commission recommendations on the DEIR. A DEIR was prepared
as part of the PC zoning application and was presented to the Planning Commission and
ARB. The DE1R was made available for a 30-day public review period that started on
December 9, 1998 and ended on January 8, 1999. The written comment period was
extended to March 10, 1999. The FEIR was made available for public review beginning
September 13, 1999.
Approval on the project requires that Council certify the EIR (including the DEIR and
FEiR), and make the findings, including a Statement of Overriding Consideration for
CMR:370:99 Page 5 of 9
one potential unavoidable short term impact, that is temporary loss of parking. Prior to
the start of construction, staff will develop a plan for parking during construction.
ALTERNATIVES
The City Council may wish to approve the Final Environmental Impact Report, the PC
Ordinances and the Tentative Subdivision Maps while directing staff to develop an
additional design alternative for both parking structures. If Council requires the redesign
of each parking structure, staff recommends Council complete its final action on items 1,
2a-c and 3a-c within the Staff Recommendation portion of this report. This grants
approval of the EIR, PC Zone change and Tentative Subdivision Map for both parking
structures. Therefore, the design would be the only item requiring further Council review
and approval.
If Council directs redesign, staff request that Council’s action include reaffirmation or
redirection as to the intent of the parking structures. If it is Council’s intent to reaffirm its
direction "to maximize the amount of parking provided to reduce the parking deficient
downtown," the removal of the upper floors of either garage cannot be accommodated. If
Council direction is to reduce the amount of parking provided in order to mitigate
concerns regarding massing, opportunities for reducing the height of the structures could
be accommodated. The redesign options available could include the new exterior
architectural characteristics, addressing the ARB’s and Planning Commission’s concerns
relative to the height, bulk, and scale; and the further examination of the existing
surrounding architecture to ensure the new design is in context with its surroundings.
However, the redesigned structures would be required to maintain the original project
parameters identified in the project description of the EIR. No additional impacts outside
the scope of the EIR could be allowed without the redrafting and recirculation of the EIR,
which would significantly delay the completion of the project.
The process for the development of another design could include the reconvening of the
previously formed Downtown Parking Structure Project Study Group which includeg the
following representatives:
¯Developer representative;
¯Merchant representatives;
¯Lot R tenant representative;
¯Architectural Review Board representative;
¯Public Arts Commission representative;
¯Downtown South Neighborhood representative;
¯Downtown North Neighborhood representative;
¯Palo Alto Chamber of Commerce;
¯Public Works personnel;
¯Planning Department personnel; and
¯Design consultants.
CMR:370:99 Page 6 of 9
Staff would recommend both that the Planning Commission and Historic Resources
Board (H) appoint one member to join the Study Group. This would provide a better
connection when the design undergoes public review before each board and commission.
Staff would prepare a specifid policy framework based upon Council direction, to guide
the Study Group in its efforts to decide which design opportunities should be pursued.-
Staffwould also recommend retaining a local architectural firm to assist the Study Group
in the design of the structures. Staff has discussed the estimated costs for such services
with various local architectural firms. Estimated costs range up to $60,000 for both
garages. These services include a three-dimensional mass model and possible use of
computer three-dimensional modeling to assist in the redesign. This could be a local
firm retained directly by the Watry Group.
The timeline for the completion of the redesign of both structures would be
approximately six to eight months. If use of an outside architectural firm were pursued,
staff would need to return to Council for a Budget Amendment Ordinance. This time
frame would include the following: the time required to solicit further input from the
Study Group; review of the policy framework; suggestion of possible design solutions;
creation of alternatives; review of the alternatives; preparation of scenarios or models;
and finalizing an acceptable alternative. Upon completion of a design by the Study
Group, the Study Group would provide a recommendation to the HRB, ARB and
Planning Commission. This review would include informational review by the HRB, and
formal public hearing review by the ARB, and Planning Commission.These
recommendations would then be presented to Council for final approval.
STEPS FOLLOWING APPROVAL
After City Council approval of the Tentative Parcel Map (Subdivision Ordinance), a
Final Map would be required to be prepared. The Final Map would require the approval
of the Council, prior to recordation with the County of Santa Clara.
ATTACHMENTS
Attachment A: Resolution certifying the adequacy of the EIR
Attachment B: Planned Community (PC) Ordinance including Draft Findings and
Conditions of Approval for PC Zone Change at 445 Bryant Street (Lots
S/L)
Attachment C: Proposed Staff Findings for Architectural Review Standards at 445
Bryant Street (Lots S/L)
Attachment D: Draft Findings for the Tentative Subdivision Map at 445 Bryant Street
(Lots S/L)
Attachment E: Draft Conditibns of Approval for the Tentative Subdivision Map at 445
Bryant Street (Lots S/L)
Attachment ,F: Planned Community (PC) Ordinance including Draft Findings and
Conditions of Approval for a PC Zone Change at 528 High Street (Lot
R)
CMR:370:99 Page 7 of 9
Attachment G: Proposed Staff Findings for Architectural Review Standards at 528 High
Street (Lot R)
Attachment H: Draft Findings for the Tentative Subdivision Map at 528 High Street (Lot
R)
¯ Attachment I:Draft Conditions of Approval for the Tentative Subdivision Map at 528
High Street (Lot R)
Final E1R (Council Members only)
PREPARED BY: Phillip Woods, Senior Planner
DEPARTMENT HEAD REVIEW C’~~
G EDWARD GAWF
Director of Planning and Community Environment
GLENN S. ROBE!~S
Director of Public Works
CITY MANAGER APPROVAL:
Manager
COURTESY COPIES:
The Watry Design Group, 815 Hamilton Street, Redwood City, CA 94063
Greg Smith, Consulting Engineer, 353 Sacramento Street, San Francisco, CA 94111
Thomas Towey, Komorous-Towey Architects, 1355 Market Street, Suite 326,
San Francisco, CA 94103
City of Menlo Park, Don de la Pefia, Director of Community Development,
701 Laurel Street, Menlo Park, CA 94025
Downtown Marketing Committee, c/o Palo Alto Chamber of Commerce, 325A Forest
Avenue, Palo Alto, CA 94301
Crescent Park Neighborhood Association, Attn: Catherine Lehrberg, 1085 University
Avenue, Palo Alto, CA 94301
CMR:370:99 Page 8 of 9
Roxy Rapp, P.O. Box 1762, Palo Alto, CA 94302
Chop Keenan, Keenan Land Company, 700 Emerson Street, Palo Alto, CA 94301
Georgie Gleim, Gleim Jewelers, 322 University Avenue, Palo Alto, CA 94301
Rick Tipton, P.O. Box 1281, Palo Alto, CA 94301
Lot R Tenant Representative: Joseph Bellomo, 102 University Avenue, Palo Alto, CA
94301
Architectural Review Board Representative: Bob Peterson, 57 E1 Camino Real,
Menlo Park, CA 94025
Public Arts Commission Representative: Judith Wasserman, 751 Southampton, Palo
Alto, CA 94303
University South Representative: Yoriko Kishimoto, 251 Embarcadero Road,
Palo Alto, CA 94301
Downtown North Representative: Mark Nanewicz, 228 Waverley Street, Palo Alto, CA
94303
Downtown North Alternate: Michael Griffin, 344 Poe Street, Palo Alto, CA 94303
Downtown North Alternate: Sally Ann Rudd, 204 CowPer Street, Palo Alto, CA 94301
John S. Ervin, 420 Palm Street, Palo Alto, CA 94301
Earl Nicholas Selby, Attorney at Law, 418 Florence Street, Palo Alto, CA 94301
Mr. Michael Weed, Aufmuth, Fox, Weed & LeBlanc, 314 Lytton, Suite 200, Palo Alto,
CA, 94301
M. Wagner and R. Ferguson, Attn: Rich Ferguson (Lot S/L), 301 University Avenue,
#480, Palo Alto, CA 94301
Herb McLaughlin (property at 124 University Avenue), c/o Kaplan McLaughlin Diaz,
222 Vallejo Street, San Francisco, CA 94111
Susan Frank, Chamber of Commerce, 325 Forest Avenue, Palo Alto, CA 94301
Comine Campbell, Aredrdas, 450 Bryant, Palo Alto CA 94301
Shulamith Rubinfien, 501 Kingsley Avenue, Palo Alto, CA 94301
Elaine Meyer, 609 Kingsley Avenue, Palo Alto, CA 94301
JeffBrown, 660 Lincoln Avenue, Palo Alto, CA 94301
Dorothy Bender, 591 Military Way, Palo Alto, CA 94306
Pria Graves, 2130 Yale Avenue, Palo Alto CA 94306
Lorilee Houston, 520 CowPer Avenue, Palo Alto, CA 94301
Karen Holman, 725 Homer Avenue, Palo Alto, CA 94301
Katherine Pering, 388 Everett Avenue, Palo Alto, CA 94301
Phyllis Munsey, 2361 Santa Ana, Palo Alto, CA 94303
John Hackmann, 235 Embarcadero Road, Palo Alto, CA 94301
Kathy Jordan, 685 High Street, #5C, Palo Alto, CA 94301
Bill McCann, President Palo Alto Plaza Homeowners Association, 685 High Street, #2F,
Palo Alto, CA 94301
Sylvia Star-Lack, VTA Congestion Management Program, 3331 N. First Street, Bldg. B,
San Jose, CA 95134
CMR:370:99 Page 9 of 9
Attachment A
RESOLUTION NO.
-RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE
DOWNTOWN LOTS S/L AND R PARKING GARAGE PROJECTS,
AND MAKING CERTAIN FINDINGS
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION I. Background.
The City Council finds, determines and declares as follows:
A. In July 1986, the City Council approved the Downtown
Study that made significant changes to the policies and regulations
for the Commercial Downtown area for the purpose of moderating
future traffic-generating growth. Included in those changes, the
Council:
established more restrictive floor area ratios (FAR’s) in
the downtown area, with FAR and parking exemptions for
seismic and historic structures;
established a maximum 350,000 square foot cap on the
development of new square footage in the downtown;
established a blended parking rate of one space per 250
square feet of floor area;
formally acknowledged and set the parking deficit in the
downtown area at 1,600 spaces, and approved an obligation
to evaluate the downtown FAR and parking exemption
regulations if the unmet need reached one-half (225) of the
450 spaces necessary for a new parking structure;
created a Ground Floor (GF) Combining zoning district,
allowing only uses, such as retail, eating and drinking and
other service-oriented commercial development uses on the
ground floor, which would be less likely than other uses,
such as office use, to generate peak hour traffic;
directed staff to undertake a site and feasibility study
to evaluate an additional public parking structure
downtown;
approved PC-Planned Community zoning as an approp}iate zone
for parking structures;
990921 sdl 0032247
adopted a Twelve-Point Parking Program to ease congestion
and increase the efficiency of existing parking;
prohibited new traffic signals on portions of Alma Street
and Middlefield Road and prohibited a direct connection
from Sand Hill Road to Palo Alto/Alma Street;
directed staff and the Architectural Review Board (ARB) to
consider the possibility of an Urban Design Plan for
downtown; and
established a temporary Design and Amenities Committee to
develop an incentive program for private developers to
provide public amenities in the downtown area.
B. In October 1993, the City Council adopted the Downtown
Urban Design Guide, which addresses a variety of transportation,
pedestrian and parking issues, including consideration of Lots S/L
and Lot R as sites for potential parking structures.
C. In March 1994, the City Council approved a
comprehensive parking plan for downtown including consideration of
one or more new parking structures within the University Avenue
Parking Assessment District. Subsequently, the City Council
approved a Capital Improvement Program for fiscal year 1994-95 for
purposes of undertaking a Downtown Parking Structure Feasibility
Study. In July 1996, the Planning Commission and ARB reviewed and
commented on the results of the Feasibility Study and the
preliminary design concepts for the two recommended structures. In
July 1997, the City Council directed staff to proceed with
additional steps leading to construction of two parking structures.
In January 1998, the City Council authorized the design of two
parking structures to a 50% completion stage, for purposes of
submitting the projects to assessment proceedings for funding of
the projects.
D. In September 1998, the Department of Public Works
submitted applications for approval of the Lots S/L garage
project(File Nos. 98-ZC-II, 98-ARB-159, 98-EIA-23, and 98-SUB-5)
and the Lot R garage project (File Nos. 98-ZC-12, 98-ARB-180, 98-
EIA-25, and 98-SUB-6).
E. The City issued a Notice of Preparation for the
Environmental Impact Report for the Downtown Parking Garages
projects in August 1998, and duly filed the Notice of Preparation
with the State Clearinghouse on August 3, 1998. Comments on the
NOP were received from interested public agencies for a 30-day
period. Copies of this notice were duly mailed to all identified
responsible agencies, trustee agencies and other public agencies
known to’ be interested in the projects.
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F. The DEIR was released for public review on November
25, 1998. A notice of the availability of the Draft EIR was
published in the Palo Alto Weekly on November 25, 1998. Notices of
availability and/or copies of the DEIR were also mailed to the
State Clearinghouse, to all responsible agencies and to all other
persons who requested notice of the DEIR. A 60-day period ~or
public review and comments on the DEIR was also commenced on
December 9, 1998, and closed on March i0, 1999. Copies of the DEIR
were also made available for public review at the Palo Alto
Planning Department, Palo Alto Public Libraries, and the Palo Alto
Public Works Department.
G. The City Planning Commission conducted a public
hearing to review the Draft EIR and to receive public comments on
the DEIR on January 13, 1999. The Planning Commission conducted
further deliberations on the proposed projects and on the DEIR on
July 14 and July 28, 1999. At the recommendation of the Planning
Commission the subsequently prepared Final EIR ("FEIR") was
expanded to include further evaluation of possible alternatives and
other information concerning the projects.
H. During the public comment period the City received
written and oral comments on the DEIR and on the projects. The
City prepared written responses to all written and oral comments
received during the public comment period on the Draft EIR.. These
written responses appear in the FEIR. These responses to comments
address and fully respond to all significant environmental issues
raised in comments on the DEIR.
I. The FEIR was completed and released for public review
on September 13, 1999. Pursuant to Public Resources Code section
21092.5, the City provided copies of the City’s responses to
comments to each public agency which commented on the DEIR.
J. The City Council held a duly noticed public hearing on
the projects and on the EIR on September 27, 1999.The Counci!
received oral testimony and written comments.
SECTION 2. Certification
Having fully reviewed the information contained in the EIR
and considered the EIR in light of all additional information
received during public hearings on the proposed projects, including
staff reports, oral and written testimony received from other
public agencies and members of the public, additional information
known from reports, studies, proceedings and other matters of
record included or referenced in the administrative record of these
proceedings, the Council hereby finds, declares and certifies that:
A. The Final EIR ("EIR") consists of and includes the
following documents:
990921 sdl 0032247
I. The focused Draft Environmental Impact Report (DEIR),
dated November 1998, which consists of the analysis of earth and
geotechnical; biological resources; transportation, parking and
circulation; air quality; noise; and aesthetics and light and glare
Impacts and Mitigations; and
2. The Final Environmental Impact Report (FEIR), dated
September 1999, which consists of text changes to the DEIR, a list
of individuals, agencies and commissions commenting on the DEIR,
and responses to all relevant oral and written comments on the
DEIR.
A. The EIR is intended to and does constitute the full
and complete EIR for each of the two individual projects evaluated
in the EIR, including:
Lots S/L, and
Parking Structure located on City owned Parking
Lot R.
o Parking Structure located on City owned Parking
B. The EIR is intended for use in all discretionary
approvals granted by the City of Pa!o Alto and any other agency
having regulatory jurisdiction over the projects.
C. The Draft and Final EIR were prepared by City staff
and City consultants and have at all times reflected the
independent review and judgment of the City on all matters stated
in the Draft EIR and Final EIR.
D. The EIR has been completed in compliance with all
applicable provisions of the California Environmental Quality Act.
SECTION 3. Consideration of Environmental Impacts,
Mitigation Measures and Alternatives.
I. Review and Consideration of Impacts.
The Council has considered all information contained in the
EIR, as wel! as all other relevant information received in the
course of evaluation and review of the proposed projects,
concerning all significant and potentially significant
environmental impacts and cumulative impacts of the two proposed
downtown parking garage projects.
2. Mitigation Measures.
In reviewing the proposed downtown parking garage projects
and granting discretionary approvals for each project the Council
has also fully considered and adopted each of the mitigation
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measures identified for the significant and potentially
environmental impacts of the projects and has considered each of
the project alternatives identified in the EIR. Pursuant to Public
Resources Code section 21081(a), the Council hereby makes specific
findings concerning the mitigation measures, which have all been
incorporated into or imposed as conditions of approval on the
projects.
Earth and Geotechnical
4.1.1 Short term soil erosion. Construction of the proposed
projects could result in significant quantities of soil being
eroded off of the sites.
Mitigation Measure 4.1.1 requires implementation of an
erosion and sedimentation plan and use of Best Management Practices
(BMP’s) during construction to reduce the potential for soil
erosion and secondary water quality degradation. The Council finds
that adoption of this measure will reduce the impacts to less than
significant.
4.1.2 Soil disturbance. Construction of the project would result
in soil disturbance and excavation of approximately 30,000 cubic
yards of earthen material.Some amount of fill material is also
anticipated to be needed.
Mitigation Measure 4.1.2 requires the contractor for the
projects to follow all specific excavation and shoring requirements
contained in the "Geotechnical Investigation" report prepared by
Lowney Associates and attached as an Appendix to the DEIR. The
Council finds that adoption of this measure will reduce the
potential impacts to less than significant.
Transportation, Parking and Circulation
4.3.1 Short term parking loss. A parking shortage of
approximately 180 public parking spaces would occur during the time
required to construct the proposed structures on both project
sites.
Mitigation Measure 4.3.1 requires the City Engineer to
develop and implement, for each of the garages, a short-term
parking management plan for reducing the impacts of loss of the
existing surface parking on Lots R and S/L during construction.
Such plan could include, but not be limited to, identification of
alternate sites for parking, shuttle buses, and construction
phasing. The Council finds that, although the best possible
mitigation would be to find available alternative parking during
construction of the projects, the availability of alternative
parking locations at the time the projects are constructed is
990921 sdl 0032247
5
uncertain and speculative, due to the rapidly changing real estate
market in downtown Palo Alto and elsewhere. Therefore, the Council
cannot find with certainty that the identified mitigation measure
will fully mitigate this potential impact, and finds that it
remains significant. A statement of overriding considerations has
been prepared for this impact. See paragraph 4 of this Section 3.
4.3.2 Pedestrian crossing (S/L Project). Construction of the
proposed garage S/L could increase the amount of pedestrian traffic
between the proposed garage and the City’s Senior Center
immediately west of the site and across Bryant Street. A larger
than average percentage of these pedestrians could be expected to
be physically handicapped, requiring a longer than normal length of
time to cross Bryant Street.
Mitigation Measure 4.3.2 requires that traffic calming
devices, such as bulbouts, special pavement treatments, speed
humps, or some combination of these be installed at the crosswalk
on Bryant Street between Garage S/L and the Senior Center. The
mitigation measure requires that the Public Works Department do a
more refined engineering analysis based on the final configuration
of the garage structure, and from that analysis, determine which
specific traffic calming device would be more appropriate. The
Counci! finds that implementation of traffic calming devices will
lessen the effect of this potential impact to less than
significant.
4.4 Air Quality.
4.4.1 The construction of the projects could increase dust and
locally elevate levels of PMI0 downwind of construction activity.
Construction dust could create a nuisance at nearby properties.
Mitigation Measure 4.4.1 requires the incorporation of nine
specifically identified measures into the project, which the
Council finds will mitigate the potential impact to less than
significant.
4.5 Noise.
4.5.1 Mechanical noise. Significant noise levels could be
generated from mechanical equipment from the parking structures,
including vent blowers and similar equipment. Impacts could be most
significant to office and retail occupants of the two commercial
buildings located northeast of Lot S/L.
Mitigation Measure 4.5.1 requires that final construction
documents, including plans and specifications, be reviewed and
approved by a qualified acoustical engineer to certify that future
noise levels from vents and mechanical equipment comply with City
990921 sdl 0032247
6
noise standards. The Council finds that implementation of this
measure will reduce the effects of this potential impact to less
than significant.
4.5.2 Operational Noise. Significant noise levels could.be
generated from cleaning and operational activities of the two
garages, especially since both facilities are planned to be open to
the public on a 24-hour-a-day basis.
Mitigation Measure 4.5.2 requires that maintenance and
cleaning equipment used in the constructed garages be limited to a
maximum noise exposure level of 75dB at a distance of 25 feet
between the hours of I0:00 p.m. and 7:00 a.m. Monday to Friday.
The Council finds that this will protect the nearby residents from
unreasonable noise from maintenance of the garages, and wil! reduce
the effects of this potential impact to less than significant.
Aesthetics and Light and Glare.
4.6.2 Views and Vistas. Construction of Garage S/L would impact
the two existing office and commercial buildings immediately
northeast of the project site by blocking existing views, reducing
the amount of light entering the buildings and creating shade-and
shadow patterns over these buildings.
Mitigation Measure 4.6.2 requires that the Garage S/L
design incorporate certain identified architectur~l features and
building materials in order to provide a human scale to the
structure. The Counci! finds that such features will reduce the
effects of the impact to less than significant.
4.6.3 Light and Glare. Construction of both parking structures
could increase the amount of light and glare generated on both
sites.
Mitigation 4.6.3 requires that all lighting be in
conformance with the recommendations of the Illuminating
Engineering Society, to enhance security inside the structures,
without having the inside lighting spill unreasonably on the
outside. The Council finds that implementation of this measure
will reduce the effects of this potential impact to less than
significant.
The Council finds that the mitigation measures and
conditions of ipproval adopted in connection with the approved
projects avoid or mitigate the adverse environmental impacts of
each of the projects to the maximum extent feasible.
99092| s41 0032247
3. Alt@rnative$ tQnsidered.
The Council also finds that the EIR has evaluated a
reasonable range of alternatives for the proposed downtown parking
garage projects. The Council has considered the information~in
Section 5 of the DEIR, comments on the Draft EIR and the responses
to those comments contained in the FEIR, and additional information
received during City review and evaluation of the proposed projects
or known from reports, studies, proceedings and other matters of
record included or referenced in the administrative record of these
proceedings. The Council concludes that the EIR evaluates a range
of reasonable alternatives to the projects, or the location of the
projects, which would feasibly accomplish most of the basic
objectives of the projects. The Council further finds that there
are no additional feasible alternatives to any of the proposed
projects which were unreasonably excluded from consideration in the
EIR.
With regard, specifically, to the "No Project" alternative,
the Council finds that it is not environmentally superior to the
projects. As identified in Section 1 of this resolution, the City
of Palo Alto has, for many years, studied the issue of downtown and
near-downtown traffic congestion, as exemplified by the parking
deficit, and has implemented policies in furtherance of reducing
that deficit. The studies uniformly conclude that additional
parking structures are needed as one part of the solution, along
with other measures identified in the EIR, such as appointment of
a downtown commute coordinator, neighborhood permit .parking, and a
downtown shuttle bus. The Council finds that other alternatives
alone, such as a TDM Program, cannot feasibly reduce the downtown
parking deficit, but should be encouraged in conjunction with the
parking garages.
4. Statement of Overriding CDnsideration$.
Pursuant to Public Resources Code section 21081(b), the
Council has further considered the potentially significant
environmental impact of the projects, Impact 4.3.1, loss of short
term parking during construction, which cannot be reduced to less
than a significant level by the mitigation measures and conditions
of approval adopted in connection with the projects. The Council
has further balanced this remaining significant adverse impact of
each project against the potential public, social, economic and
other benefits of the project and determined that the significant
environmental effect is acceptable in light of specific overriding
benefits which justify approval of each of the projects on the
terms and conditions approved by the Council. As stated in
paragraph 3 above, the projects were identified by the City Council
several years ago, as a result of continuing studies on the matter,
and identified in the recently adopted Comprehensive Plan, to be
¯ necessary and desirable components of a comprehensive
990921 sdl 0032247
8
transportation program for the City. Unfortunately, because the
sites determined to be the most feasible for constructing the
parking structures are currently used for surface parking} the
temporary loss of parking during construction of each garage is
unavoidable. And because the availability of land that could.be
used for temporary alternate parking at the time of construction is
presently unknown, and speculative, no feasible mitigation measure
is available to fully mitigate this potential short term loss.
However, the Council finds that the construction of the projects
will be as short as reasonably possible and will ultimately result
in an increase in the number of available spaces, which outweighs
the temporary reduction in spaces during construction.
The Council further finds, declares and certifies that this finding
is based on substantial evidence contained or referenced in the
administrative record and reflects the considered judgment of the
Council.
5. Environmental Effects Found Less Than Significant.
The Council has also considered the information contained
in the EIR and all other information received during evaluation and
consideration of the projects with respect to any asserted
additional environmental effects of the projects not evaluated in
the EIR. The Council finds that based on all evidence received,
there are no additional significant or potentially significant
adverse environmental effects which may result from any of the
projects which have not been identified and evaiuated in the EIR.
The Council has further considered the evaluation in the EIR of
additional potential environmental impacts which were determined
not to be significant or potentially significant, and finds that
these impacts were correctly analyzed and determined to beless
than significant in the EIR. The Council has’not received any
substantial evidence warranting a change in the conclusions stated
in the EIR with respect to any of the impacts identified as less
than significant in the EIR.
In particular, the Council has considered comments
concerning various old and historic buildings located in the
vicinity of the projects, and the historic context of the project
sites. The Council finds that the projects will not significantly
affect any historic structure nor any historic district. Although
there are, indeed, historic structures in the vicinity of the
projects, some quite close by, the eclectic mix of architectural
styles and new and old buildings throughout the downtown area
allows the proposed parking garages to fit compatibly in their
urban context.
990921 sdl 0032247
9
.SECTION 4.
Review Process.
New Information Received During the Public
In the course of continuing environmental review of the
proposed projects, the City has been presented with various
information which was not contained in the DEIR for the proposed
projects and which has been contended by some commentors to
constitute significant new information constituting grounds for
revising and recirculating the EIR for further public review and
comment pursuant to Public Resources Code section 21092.1 and CEQA
Guidelines section 15088.5. The Council has considered all new or
additional information, and all information alleged to be
significant new information received since preparation and
circulation of the DEIR, including all comments and responses to
comments on the DEIR, various changes made to the projects, and all
comments and other information since release of the responses to
comments, and finds that none of the new or allegedly new
information warrants further revision of the EIR or recirculation
of the EIR for further public review and comment. None of the new
or additional information appearing after preparation of the DEIR
indicates that: (I) new significant environmental impacts not
previously considered in the DEIR would result from any of the
projects; (2) there will be a substantial increase in severity of
any impact previously evaluated in the DEIR; (3) new feasible
mitigation measures or alternatives considerably different than
those analyzed in the DEIR has become available and has not been
adopted by the applicant; or (4) the DEIR was so fundamentally
inadequate or conclusory that meaningful publi.c comment was
precluded.
SECTION 5. Comprehensive Plan Consistency.
This Council has reviewed and considered the information
and evidence in the record relating to the consistency of the
projects with the goals, policies and other provisions of the
Comprehensive Plan, including, but not limited to, the discussion
of consistency issues set forth in the EIR, the written and oral
reports provided by staff, and written and oral comments on the
issue, and having also considered the contents of the Comprehensive
Plan, and the reports, studies and proceedings related thereto,
this Council, as the body charged with adopting, interpreting and
applying the goals, policies and provisions of the Comprehensive
Plan, finds that each project as conditioned and approved is fully
consistent with all applicable goals, policies and other provisions
of the Comprehensive Plan as amended.
SECTION 6. Record of Proceedings.
The documents comprising the record of proceedings in this
matter are located in the offices of the City of Palo Alto
Department of Planning and Community Environment. The custodian of
these documents is the Director of Planning and Community
990921 sdl 0032247
10
Environment, 250 Hamilton Avenue, 5th Floor, Palo Alto, California,
or his designee.
SECTION 7. Mitigation Monitoring.
The Council hereby directs that the mitigation measuies
identified in the EIR and adopted by this Council shall be
monitored by appropriate staff to ensure their implementation and
inclusion in the approved projects. The Council further directs
staff to publish in a separate document for final Council approval,
a list of all mitigation measures and the departments or staff
position(s) so identified to monitor each measure and ensure its
implementation.
SECTION 8. This resolution shall be effective upon the
date of its adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Planning and
Community Environment
990921 sdl 0032247
il
Attachment B
ORDINANCE NO.
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 KNOWN AS 445 BRYANT
STREET (PARKING LOTS S/L) FROM PF AND CD-C(P)TO PC
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I.
(a) The Planning Commission, after duly noticed public
hearing, and the Architectural Review Board, after duly noticed
public hearing, have recommended that Section 18.08.040 (the Zoning
Map) of the Palo Alto Municipa! Code be amended as hereinafter set
forth.
(b) The City Council, after duly noticed public hearing,
and upon due consideration of the recommendations and of all
testimony offered upon the matter, finds that the proposed
amendment is in the public interest and will promote the public
health, safety and welfare, as hereinafter set forth;
SECTION 2. Section 18.08.040 of the Palo Alto Municipal
Code, the "Zoning Map," is hereby amended by changing the zoning of
certain property known as 445 Bryant Street (the "subject
property") from "PF Public Facility" and ~CD-C(P)Commercial
District (Community), Pedestrian Combining" to "PC Planned
Community." The subject property is shown on the map labeled
Exhibit "A," attached hereto and incorporated herein by reference.
SECTION 3. The City Council hereby finds with respect to
the subject property that:
(a)The site is so situated, and the use proposed fgr
the site is of such a characteristic that the
application of genera! districts or combining
districts will not provide sufficient flexibility
to allow the proposed development. The proposed
use is a multistory parking garage, which has been
identified as a major public need in the downtown
area, and such a use cannot be feasibly constructed
within the available space under any other existing
zoning classification.
1
990708 sdl 0032195
(b)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 genera! districts or combining
districts. The primary purpose and the major
public benefit of the deve!opment is to provide
much needed public parking, which will reduce the
current parking deficit in the downtown area.
Other public benefits of the project include a
landscape plaza on Bryant Street, electrical
connections for electric vehicles and incorporation
of public art.
(c)The use permitted and the site development
regulations applicable within the district are
consistent with the Palo Alto Comprehensive Plan,
as detailed in the Staff Report to the Planning
Commission for the Agenda of July 14, 1999. The
permitted uses and site development regulations are
compatible with existing and potential uses on
adjoining sites or in the general vicinity, as
follows: I) the parking structure wil! provide
public parking to support commercia! uses in the
area; 2) the leased space will be one or more of
the following: (i) a ground f!oor retail or other
pedestrian-oriented use; (ii) a teen center; and
(iii) office use. Either a retail or other
pedestrian-oriented use would be-similar to other
ground floor uses in the vicinity, and a teen
center would merely replace an existing teen center
use, which has operated compatibly with surrounding
uses. Office use above the ground f!oor is also
similar to many surrounding uses.
SECTION 4 Those certain plans entitled ~445 Bryant Street
(parking lots S/L)" prepared by The Watry Design Group and
Komorous-Towey Architects, dated March 5, 1999, a copy of which is
on file in the Planning Division office, and to which copy
reference is hereby made, are hereby approved as the Development
Plan for the subject property, pursuant to Palo Alto Municipal Code
section 18.68.120. Said Development Plan is approved for the
following uses, and subject to the following conditions:
(a) Permit.ted Uses. The permitted uses shall be limited
to a multistory parking facility, with auto and pedestrian
circulation, auto and bicycle parking, landscaping, lighting and
2
990708 sdl 0032195
accessory uses, including bathrooms and storage. Other uses that
may be made from space deemed unusable for parking, include one or
more of the following uses in addition to parking: (a) retai! or
other pedestrian-oriented ground floor use; a teen center; and
office use above the ground floor.
(b)
permitted.
Conditional Uses.No conditional uses shall be
(c) Site Development Regulations. All improvements and
development shall be substantially in accordance with the approved
Deve!opment Plan, which shall be amended as required to comply with
the Special Requirements set forth in subparagraph (e), and with
all applicable codes and ordinances, and with the requirements of
the Director of Public Works, the Director of Utilities, and the
Fire Chief.
(d) Parking and Loading Requirements. The parking
governing the subject property shall be in accordance with the
Development Plan, which shall be amended as required to comply with
the Special Requirements set forth in subparagraph (e).
(e) Special Reauirements. The Conditions of Approval
adopted by the City Council in approving this ordinance, attached
hereto as Exhibit "B" and incorporated herein by reference, are
hereby approved as the specia! requirements of the PC zone
established by this ordinance, as are the Mitigation Measures
described in the Summary of Environmental Impacts and Mitigations,
Draft Environmental Impact Report (98-EIA-23), prepared by Jerry
Haag, dated November, 1998. To the extent of a conflict between
the Development Plan and these special requirements, these special
requirements shall apply.
(f) Development Schedule. Construction shall commence on
or before January i, 2001 and shall be completed and ready for
occupancy on or before January I, 2008.
SECTION 5. The City Council adopts- this ordinance in
accordance with the California Environmental Quality Act ("CEQA")
findings adopted by Resolution No.
//
//
//
990708 sdl 0032195
3
SECTION 6. This ordinance shall be effective upon the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Planning and
Community Environment
4
990708 sdl 0032195
PF
EXHIBIT
Project: 445 Bryant Street (lot S/L)
PF
Graphic Attachment
to Staff Report
Date: 7-14-99 File #: 98-ZC-11;98-ARB-159;98-EIA-23;98-SUB-5 Scale: 1"= 300’
North
EXHIBIT "B"
DRAFT CONDITIONS OF APPROVAL FOR PC ZONE CHANGE
445 Bryant Street (Lots S/L)
File Nos. 98-ZC-I1, 98-ARB-159, 98-EIA-23 and 98-SUB-5
Prior to Demolition
1. Construction plans shall include specific steps in recovering recyclable "
materials through:
¯Recovery of concrete, asphalt, and other inert solids;
¯Rec.overy of scrap metals;
¯Siting container at the construction site for cardboard, beverage
container, wood, and other recylable materials.
¯Recovery of concrete, asphalt, and other inert solids;
2.Tree Protection Statement: A written statement shall be provided to the
Building Department verifying that protective fencing for the trees is in place
before demolition or grading or building permit will be issued, unless
otherxvise approved by the City Planning Arborist.
Protective Tree Fencing: All trees to be retained, as shown on the approved
plans shall be protected during construction to the satisfaction of the City
Planning Arborist. The following tree preservation measures apply to all
trees to be retained.
ao All existing trees to be retained shall be protected with five-foot high
chain link fences enclosing the entire dripline under the trees.* Each
tree shall be mounted on two-inch diameter galvanized iron posts,
driven into the ground every 10 feet to a depth of at least 2-feet. The
fences shall be erected before construction begins and shall remain in
place until final inspection, except during work specifically required in
the approved plans to be done under the trees to be protected. (As
shown on Public Works Standard Specification Detail #505, which
shall appear on the plans.)
For trees situated within a narrow planting strip, only the planting
strip should be enclosed with the required protective fencing in
order to keep the sidewalk and street open for public use.
Trees situated in a small tree well or sidewalk planter pit, shall be
wrapped with 2-inches of orange plastic fencing f’om the ground
to the first branch with 2-inch thick wooden slats bound securely
with additional orange plastic fencing (which shall not be allowed
to dig into the bark). During installation of the plastic fencing,
caution shall be used to avoid damaging any branches. Major
scaffold limbs may also require plastic fencing as directed by the
City Planning Arborist.
bo ~: A "Warning" sign shall be prominently displayed on each tree
protection fence. The sign shall be a minimum of 18-inches square and
shall state: "PROTECTIVE TREE FENCING - This fence shall not be
removed without approval. Violators will be prosecuted and are subject
t6 fine pursuant Section 8.10.110 of the PAMC."
Prior to Assessment District Preceedings
4. Preliminary review and comments by the Public Arts Commission on the
pr.oposed public art.
Final design plans for Architectural Review Board reviexv and approval
including:
Exterior lighting plan designed to eliminate glare and spillover beyond the
perimeter of the development. Lighting shall be in conformance with
recommendations of the Illuminating Engineering Society. All street
lighting must be as previously approved by ARB for street light poles and
fixtures;
¯Longitudinal and cross sections for the site and structures including sections
through the ramps indicating that the ramp slope does not exceed 7 percent;
¯Final design details including exterior walls, axvnings, railings, rain leaders,
trellises, etc.;
¯Initial proposal for the public art proposed within the project;
¯Final building materials and colors including a color and materials board;
Detailed landscape and irrigation plans encompassing on- and off-site
plantable areas out to the curb. A Landscape Water Use statement, water
use calculations and a statement of design intent. These plans should be
prepared by a licensed landscape architect and qualified irrigation
consultant. Landscape and irrigation plans shall take into consideration all
elements included on: 1) the .City.. o.fPalo Alto Landscape Plan Checklist;
and 2) the Water-Conservation Guidelines. The plan shall include:
a.All existing trees identified both to be retained and removed
b.Complete plant list indicating tree and plant species, quantity, size, and
locations
c.Irrigation schedule and plan including locations and screening of
backflow preventers.
d.A dedicated irrigation water meter is required, and a Maximum Water
Allowance will be applied.
Minimum sight distance triangles must be provided at each vehicular exit
from each garage, in accordance with PAMC 18.83.110, Figure 6. Proposed
plans must provide a detail for each exit to show that this requirement is
met;
Minimum sight distance triangles must be provided at each end of the alley
on the south east side of the parking structure;
Final plans must show the interface between the public alley and the
structure, especially ~vhere the alley meets Florence and Bryant;
Provide pedestrian entrances on Bryant and Florence to serve people
heading to/from the north (Lytton Avenue area);
The bicycle parking location shall be relocated or redesigned to eliminate
the exposure to vehicular movements and direct pedestrian access provided
without using the vehicular entry; and
Details must be provided for the curb extensions (bulbouts) for Bryant
Street midblock crosswalk.
o
o
All sidewalks bordering the project shall be replaced in accordance with Public
works approved standards.
Complete and submit an electric load sheet along with a single line diagram
and a site plan to Utilities Engineering for determination of service needs and
if required, the size of transformers needed to provide the service.
The site plan must indicate adequate space to accommodate the recyclables
generated by the proposed retail and!or office space or Teen Center uses.
Revised plans should show enclosure with space for: 2-cubic yard container
for cardboard; two, 95-gallon bins for newspaper and white paper; four, 64-
gallon containers for glass, plastic bottles, aluminum cans, mixed paper; and
a trash container. A Solid Waste Management and Recycling Plan must also
be submitted, which shows plans to recover demolition and construction
materials.
Prior to Issuance of Buildin~ Permit
9. As part of the approval of detailed construction plans, plans shall have to be "
prepared for the modification of the parking T’s and parking signage along
the full block face on both frontages.
10.A storm water pollution prevention plan (SWPPP) shall be incorporated into
the project plans. The SWPPP shall include both temporary Best
Management Practices (BMP’s) to be implemented during construction and
permanent BMP’s to be incorporated into the project to protect storm water
quality.
11.A construction logistics plan shall be provided, addressing at a minimum
parking, truck routes and staging, materials delivery and storage, and the
provision for pedestrian and vehicular traffic adjacent to the construction
site. All truck routes shall conform with the City ofPalo Alto’s Truck Route
Ordinance, and the route map which outlines truck routes available
throughout the City of Palo Alto.
12.Automatic fire sprinklers shall be provided in accordance with NFPA 13
(1996 Ed.) and Chapter 9 of the California Building Code. Fire Department
access, water supply and hydrants shall be accordance with Article 9 of the
California Fire Code. Class 1 stand pipes shall be provided with connections
within 300 feet of any interior portion of the structure. The elevators shall
be gurney-accessible. Fire hydrant(s) shall be placed in accordance with
Chapter 15 of the PAMC.
13.Finalization of the proposed public art feature(s),as approved by the Public
Arts Commission and the ARB.
During Construction
14. The applicant shall be responsible for the repair or replacement of any
publicly owned trees that are damaged during the course of construction,
pursuant to Section 8.04.070 of the Palo Alto Municipal Code.
15.The following tree preservation measures apply to all trees to be retained
(See Public Works Tree Protection Drawing #505):
ao No storage of material, topsoil, vehicles or equipment shall be permitted
within the tree enclosure area.
b. The ground under and around the tree canopy area shall not be altered.
c.Trees to be retained shall be irrigated, aerated and maintained as
necessary to ensure survival.
16.All new trees shall be planted as per Public Works Standard Tree Well
Diagram #504 and have the tree pit dug at least twice the diameter of the
root ball. This diagram shall be shown on the landscape plan.
Attachment C
PROPOSED STAFF FINDINGS FOR ARCHITECTURAL REVIEW STANDARDS
445 Bryant Street (Lots S/L),
File Nos. 98-ZC-11, 98-ARB-159, 98-EIA-23 and 98-SUB-5
Architectural Review Standards per Chapter 16.48.120 of the PAMC.
The design is consistent and compatible with applicable elements of the city’s comprehensive
plan (Standard #al) The proposed project is consistent and compatible with the applicable
elements of the City’s Comprehensive Plan in that the proposed development conforms to the
development standards for the Planned Community designation. The project is consistent with
the Policies and Programs of the adopted 1998-2010 Comprehensive Plan specifically: Policy
T-45: Provide sufficient parking in the University Avenue/Downtown and California Avenue
business districts to address long-range needs; Program T-50: Continue working with
merchants, the Chamber of Commerce, neighbors, and a parking consultant to explore options
for constructing new parking facilities or using existing parking more efficiently," and point 10
of the adopted 13-Point Parking Program: Pursue a new parking structure for Lots S and L and
any other feasible sites (including consideration of removing the former Palo Alto Board of
Realtors structure in order to facilitate construction on Lots S and L).
The design is compatible with the immediate environment of the site (Standard #a2) The project
design and proposed improvements are compatible with the immediate environment and the
surrounding environment in that the proposal is similar in scope and scale to existing
development in the Downtown Area of University Avenue and High Street, is consistent with
the proposed zoning and addresses a need for additional parking for the surrounding
environment.
The design is appropriate to the function of the project (Standard #a3) The proposed design is
appropriate to the function of the project in that it incorporates features to reduce the impacts of
the parking structures, provides pedestrian amenities and incorporates a landscaped plaza.
Whether the design is compatible with character in areas that have a unified design character
or historical character (Standard #a4). The site is not located in an area which has a unified
design or historical character.
The design promotes harmonious transitions in scale and character in areas between different
designated land uses (Standard #a5). The proposed project design promotes harmonious
transitions in scale between the differently designated land uses in that the structure have been
designed to provide setbacks, notches in upper floors, articulation of facades and building height
variations.
The design is compatible with improvements both on and off the site (Standard #a6) The design
is compatible with approved improvements both on- and off-site in that the architectural
improvements are generally consistent with the scale and design of buildings in the vicinity, and
the access is appropriately located.
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 (Standard #a7). The planning and siting of the proposed parking garage creates an
internal sense of order and provides a desirable environment for users, visitors, and the
community in that the project includes exterior architectural features that compliment a
commercial/office look, a landscaped plaza of outdoor public space that would provide
opportunities for socialization, increased parking in the downtown, and an improved pedestrian
environment through the block.
The amount and arrangement of open space are appropriate to the design and the function of
the structures (Standard #a8). The proposed amount and arrangement of open space provided
by the landscaped plaza, the pedestrian connection through the block and ancillary landscaped
areas is appropriate to the design and function of the project and consistent with requirements
in the zone district.
Sufficient ancillary functions are provided to support the main functions of the project and
whether the same are compatible with the project’s design concept (Standard #a9). The
proposed project will improve the ancillary functions of the project vicinity by providing
increased off-street parking spaces and bicycle parking in the downtown.
The access to the property and circulation theron are safe and convenient for pedestrians, cyclist
and vehicles. (Standard #alO). Access to the property and circulation for both drivers and
pedestrians would be provided in a safe and convenient manner.
Natural features are appropriately preserved and integrated with the pFoject (Standard #al 1).
Natural features are appropriately integrated into the project in that the landscape plan provides
for a total of 13 street trees along portions of the three street frontages, and two additional trees
and hardscape in the landscaped plaza. Landscaping in elevated planters are also shown near the
vehicular entrances.
The materials, texture, colors, and details construction and plant material are appropriate
expression to the design and function (Standard#a12). The proposed architecture and building
materials are appropriate for the building type and are compatible with the mix of architecture
styles found in the downtown area.
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 and functional
environment and the landscape concept depicts an appropriate unity with the various building
on the site (Standard #a13). The proposed landscape design offers visual relief from the building
fagade, adds visual interest, and helps by providing some human scale along the project
perimeter. The plaza on the west side adds visual interest, and is an aesthetically pleasing place.
The project will incorporate public artwork, all of which adds to the desirability and
functionality of the projects’ environment.
Whether plant material is suitable and adaptable to the site, capable of being properly maintain
on the site, and is of a variety w.hich would tend to be drought-resistant and to reduce
consumption of water in its installation and maintenance (Standard #a14). The proposed plant
material is suitable and adaptable to the region and the site and can be properly maintained on
the site. The proposed plantings are appropriate for outdoor use and include a mix of trees and
box plantings, suitable for commercial developments in the downtown area.
The design is energy efficient and incorporates renewable energy design elements (Standard
#a 15). The proposed structure is designed to be energy efficient by using an open plan and
preclude mechanical ventilation on upper floors, will include energy efficient lighting and
include features to meet building code requirements for energy efficiency.
Attachment D
DRAFT FINDINGS FOR TENTATIVE SUBDIVISION MAP
445 Bryant Street (Lots S/L)
File Nos. 98-ZC-11, 98-ARB-159, 98-EIA-23 and 98-SUB-5
The proposed Tentative Map, design and improvements of the
subdivision is consistent with the applicable general and specific plan.
The proposed subdivision and development of a parking structure on the
site is consistent with the Policies and Programs of the adopted 1998-
2010 Comprehensive Plan, specifically: Policy T-45: Provide sufficient
parking in the University Avenue/Downtown and California Avenue
business districts to address long-range needs; Program T-50: Continue
working with merchants, the Chamber of Commerce, neighbors, and a
parking consultant to explore options for constructing new parking
facilities or using existing parking more efficiently; point 10 of the
adopted 13-Point Parking Program: Pursue a new parking structure for
Lots S and L and any other feasible sites (including consideration of
removing the former Palo Alto Board of Realtors structure in order to
facilitate construction on Lots S and L); and Program L-78: Encourage
the use of Planned Community (PC) zoning for parking structures
Downtown and in the California Avenue area.
The site is physically suitable for the type of development. The site is
physically suitable for the project parking structure because the site was
identified in the Palo Alto Comprehensive Plan 1998-2010 as a potential
parcel for the construction of a parking structure.
The site is physically suitable for the proposed density of the
development. The proposed density of the development is consistent
with the Palo Alto Comprehensive Plan Program L-78: Encourage the
use of Planned Community (PC) zoning for parking structures
Downtown and in the California Avenue area. This program recognizes
that parking structures located in downtown would not conform to
existing zoning. The proposal will be rezoned as a PC Planned
Community District that allows flexibility in height, setbacks and other
typical development regulations. The specific regulations required for
the proposed parking structure are substantially similar to those of other
developments in a PC Zone District.
The design of the subdivision and the proposed improvements will not
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat. There are environmental impacts
associated with the project, but all can be mitigated except the
unavoidable temporary loss of parking spaces. Refer to the EIR for
further analysis.
The design of the subdivision or improvement will cause serious health
problems. The design of the new subdivision and proposed parking
structure will not result in serious public health problems, in that, all
necessary public services including public utilities are available and will
be provided to the site.
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. The new lot pattern
and proposed parking structure do not conflict with existing public
easement for access through the use of the property. The resulting lot
has access to a public street and the required cross-access easement will
assure access to the parking structure and driveways for the life of the
use.
Attachment E
DRAFT CONDITIONS OF APPROVAL FOR
TENTATIVE SUBDIVISION MAP
445 Bryant Street (Lots S/L)
File Nos. 98-ZC-11, 98-ARB-159, 98-EIA-23 and 98-SUB-5
All conditions of approval as listed below shall be incorporated as a
part of this approval.
The applicant shall apply for a Tract Map Number from the County
Recording office.
The applicant shall submit a final grading and drainage plan to Public
Works Engineering, including drainage patterns on site and from
adjacent properties. The plan shall demonstrate that pre-existing
drainage patterns to and from adjacent properties are not altered.
Permittee must obtain a grading permit from the City of Palo Alto
Building Inspection Division if excavation exceeds 100 cubic yards.
The property owner shall obtain an encroachment permit or temporary
lease from Public Works Engineering for a structure, awning, or other
features constructed in the public right-of-way, easement or on
property in which the City holds an interest. PAMC, Section
12.12.010.
A construction logistics plan shall be provided, addressing at
minimum parking, truck routes and staging, materials storage, and
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
attached route map which outlines truck routes available throughout
the City of Palo Alto.
The applicant shall obtain a permit for Construction in a Public Street
from Public Works Engineering for construction proposed in the City
right-of-way. Sec. 12.08.010.
The applicant shall obtain an encroachment permit from Public Works
Engineering for pedestrian protection on the public sidewalk during
construction.
A detailed site-specific soil report must be submitted which includes
information on water-table and basement construction issues.
10.To reduce dust levels, it shall be required that exposed earth surfaces
be watered as necessary. Spillage resulting from hauling operations
along or across any public or private property shall be removed
immediately and paid for by the contractor. Dust nuisances
originating from the contractor’s operations, either inside or outside of
the right-of-way shall be controlled at the contractor’s expense.
11.The Contractor must contact the CPA Public Works Inspector at 496-
6929 prior to any work performed in the public right-of-way.
Sectionl2.08.060.
12.No storage of construction materials is permitted in the street or on the
sidewalk, without prior approval of Public Works Engineering.
13.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 Santa Clara
Valley Nonpoint Source Pollution Control Program. The Inspection
Services Division shall monitor BMP’s with respect to the developer’s
construction activities on private property; and the Public Works
department shall monitor BMP’s with respect to the developer’s
construction activities on public property. It is unlawful to discharge
any construction debris (soil, asphalt, sawcut slurry, paint, chemicals,
etc.) or other waste materials into gutters or storm drains.
14.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.
15.All sidewalks bordering the project shall be repaired and/or removed
and replaced in compliance with the Public Works approved standards.
16.The Public Works Inspector shall sign off the building permit prior to
the finalization of this permit. All off-site improvement shall be
finished prior to this sign-off.
Prior to submittal of final Map
17. The applicant shall arrange a meeting to discuss the improvement
plans necessary for the project with Public Works Engineering,
Planning, Fire and Transportation departments. These improvement
plans must be completed and approved by the City prior to submittal
of a final map.
18.All construction within the City right-or-way, easements or other
property under the City’s jurisdiction shall conform to standard
specifications of the Public Works and Utility Departments.
Attachment F
ORDINANCE NO.
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 KNOWN AS 528 HIGH
STREET (PARKING LOT R)-FROM PF TO PC
The Council of the City of Palo Alto does ORDAIN as
fol!ows:
SECTION ..!.
(a) The Planning Commission, after duly noticed public
hearing, and the Architectura! Review Board, after duly noticed
public hearing, have recommended that Section 18.08.040 (the Zoning
Map) of the Palo Alto Municipal Code be amended as hereinafter set
forth.
(b) The City Council, after duly noticed public hearing,
and upon due consideration of the recommendations and of all
testimony offered upon the matter, finds that the proposed
amendment is in the public interest and will promote the public
health, safety and welfare, as hereinafter set forth;
SECTION 2 Section 18.08.040 of the Palo Alto Municipal
Code, the "Zoning Map," is hereby amended by changing the zoning of
certain property known as 528 High Street (the "subject property)
from "PF Public Facility" to "PC Planned Community." The subject
property is shown on the map labeled Exhibit "A," attached hereto
and incorporated herein by reference.
SECTION 3. The City Council hereby finds with respect to
the subject property that:
(a)The site is so situated, and the use proposed for
the site is of such a characteristic that the
application of general districts or combining
districts will not provide sufficient flexibility
to allow the proposed development. The proposed
use is a multistory parking garage, which has been
identified as a major public need in the downtown
area, and such a use cannot be feasibly constructed
within the available space under any other existing
zoning classification.
(b)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
1
990708 sdl 0032t94
districts. The primary purpose and the major
public benefit of the development is to provide
much~needed public parking, which wil! reduce the
current parking deficit in the downtown area.
Other public benefits of the project include a
landscape plaza and pedestrian access through the
block; electrical connections for electric
vehicles; and incorporation of public art.
(c)The use permitted and the site development
regulations applicable within the district are
consistent with the Palo Alto Comprehensive Plan,
as detailed in the Staff Report to the Planning
Commission for the Agenda of July 14, 1999. The
permitted use and site development regulations are
compatible with existing and potential uses on
adjoining sites or in the general vicinity, because
it will provide public parking to support the
commercial uses in the area.
SECTION 4. Those certain plans for Scheme "B", entitled
"528 High Street (Lot R)" prepared by The Watry Design Group and
Komorous-Towey Architects, dated March 5, 1999 a copy of which is
on file in the Planning Division office, and to which copy
reference is hereby made, are hereby approved as the Development
Plan for the subject property, pursuant to Palo Alto Municipal Code
section 18.68.120. Said Deve!opment Plan is app[oved for the
following uses, and subject to the following conditions:
(a) Permitted Uses. The permitted uses shall be limited
to a multistory public parking facility that includes auto and
bicycle parking; auto and pedestrian circulation; landscaping and
lighting; and accessory uses, such as bathrooms and storage.
(b)
permitted.
Conditiona! Uses.No conditional uses shall be
(c)Site Development R@.gu!ations. All improvements and
development shall be substantially in accordance with the approved
Development Plan, which shall be amended as required to comply with
the Special Requirements set forth in subparagraph (e), and with
all applicable codes and ordinances, and with the requirements of
the Director of Public Works, the Director of Utilities and the
Fire Chief.
(d) Parkin~ and Loading ..Req~..irements. The parking
governing the subject property shall be in accordance with the
Development Plan, which shall be amended as required to comply with
the Specia! Requirements set forth in subparagraph (e).
2
990708 sdl 0032194
(e) Special Requirements. The Conditions of Approval
adopted by the City Council in approving this ordinance, attached
hereto as Exhibit "B" and incorporated herein by reference, are
hereby approved as the special requirements of the PC zone
established by this ordinance as are the Mitigation Measures
identified in the Summary of Environmental Impacts and Mitigations,
Draft Environmental Impact Report (98-EIA-23), prepared by Jerry
Haag, dated November, 1998. These requirements shall be reflected
in amendments made to the development plan and approved by the
Director of Planning and Community Environment prior to issuance of
building permits. To the extent of a conflict between the
Development Plan and these special requirements, these specia!
requirements shall apply.
(f) Deve!omment Schedule Construction shall commence
on or before January i, 2001 and shal! be completed and ready for
occupancy on or before January I, 2008.
SECTION 5. The City Council adopts this ordinance in
accordance with the California Environmental Quality Act ("CEQA")
findings adopted by Resolution No.
SECTION 6. This ordinance shall be effective upon the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Planning and
Community Environment
3
990708 sdl 0032194
EXHIBIT
PF
Project: 528 High Street (lot R)
Graphic Attachment File #: 98-ZC-12;98-ARB-180;98-EIA-25;98-SUB-6 Scale: 1" = 300’
EXHIBIT "B"
DRAFT CONDITIONS OF APPROVAL FOR A PC ZONE CHANGE
528 High Street (Lot R)
File Nos. 98-ZC-12, 98-ARB-180, 98-EIA-25
Prior to Demolition
1. Construction plans shall include specific steps in recovering recyclable
materials through:
¯Recovery of concrete, asphalt, and other inert solids;
¯Recovery of scrap metals;
¯Salvage of building fixtures and other re-useable items; and
¯Siting containers at the construction site for cardboard, beverage
containers, wood, and other recyclable materials.
o Tree Protection Statement: A written statement shall be provided to the
Building Department verifying that protective fencing for the trees is in
place before demolition or grading or building permit will be issued, unless
otherwise approved by the City Planning Arborist.
Protective Tree Fencing: All trees to be retained, as shown on the approved
plans shall be protected during construction to the satisfaction of the City
Planning Arborist. The following tree preservation measures apply to all
trees to be retained.
All existing trees to be retained shall be protected with five-foot
high chain link fences enclosing the entire dripline under the
trees.* Each tree shall be mounted on two-inch diameter
galvanized iron posts, driven into the ground every I0 feet to a
depth of at least 2-feet. The fences shall be erected before
construction begins and shall remain in place until final
inspection, except during work specifically required in the
approved plans to be done under the trees to be protected. (As
shown on Public Works Standard Specification Detail #505,
which shall appear on the plans.)
For trees situated within a narrow planting strip, only the
planting strip should be enclosed with the required
protective fencing in order to keep the sidewalk and street
open for public use.
Trees situated in a small tree well or sidewalk planter pitl
shall be wrapped with 2-inches of orange plastic fencing
from the ground to the jqrst branch with 2-inch thick
wooden slats bound securely with additional orange plastic
fencing (which shall not be allowed to dig into tlTe bark).
During installation of the plastic fencing, caution shall be
used to avoid damaging any branches. Major scaffold
limbs may also require plastic fencing as directed by the
City Planning Arborist.
S_jg.~: A "Warning" sign shall be prominently displayed on
each tree protection fence. The sign shall be a minimum of 18-
inches square and shall state: "PROTECTIVE TREE FENCING
- This fence shall not be removed without approval. Violators
will be prosecuted and are subject to fine pursuant Section
8.10.110 of the PAMC."
Prior to Assessment District ProceedingA
4. Formal’Review and comments by the Public Arts Commission on the
proposed public art.
5.Final design plans for Architectural Reviexv Board review and approval
including:
¯Exterior lighting plan designed to eliminate glare and spillover
beyond the perimeter of the development. Lighting shall be in
conformance with recommendations of the Illuminating Engineering
Society. All street lighting must be as previously approved by ARB
for street light poles and fixtures;
¯Final design details including exterior walls, awnings, railings, rain
leaders, trellises, etc.;
¯Final building materials and colors including a color and materials
board;
¯Initial proposal for the public art proposed within the project;
¯Detailed landscape and irrigation plans encompassing on- and off-
site plantable areas out to the curb. A Landscape Water Use
statement, water use calculations and a statement of design intent.
These plans should be prepared by a licensed landscape architect and
qualified irrigation consultant. Landscape and irrigation plans shall
take into consideration all elements included on: 1) the City of Pal0
Alto Landscape Plan Checklist; and 2) the .Water-Conservation
Guidelines. The plan shall include:
All existing trees identified both to be retained and
removed
No
Co
Complete plant list indicating tree and plant species,
quantity, size, and locations
Irrigation schedule and plan including locations and
screening of backflo~v preventers.
do A dedicated irrigation water meter is required, and a
Maximum Water Allowance will be applied.
Minimum sight distance triangles must be provided at each vehicular
exit, in accordance ~vith PAMC 18.83.110, Figure 6. Proposed plans
must provide a detail for each exit to show that this requirement is
met;
7.
Provide pedestrian entrances on Alma and High Streets to serve
people heading to/from the south (Hamilton Avenue area);
Show the Blockbuster installed bike rack on the plans. Some of the
project bike racks should be relocated to the northeasterly side of the
project, preferably near the plaza; and
The design and interface of the storage area and bicycle parking
location shall be clarified or redesigned to eliminate the conflict
between vehicular and pedestrian movements.
All sidewalks bordering the project shall be replaced in accordance with
Public ~vorks approved standards.
Complete and submit an electric load sheet along with a single line diagam
and a site plan to Utilities Engineering for determination of service needs
and if required, the size of transformers needed to provide the service.
o The site plan must indicate adequate space to accommodate the recyclables
generated by the proposed retail and/or office space or Teen Center uses.
Revised plans should show enclosure with space for: 2-cubic yard container
for cardboard; two, 95-gallon bins for newspaper and white paper; four 64-
gallon containers for glass, plastic bottles, aluminum cans, mixed paper; "
and a trash container. A Solid Waster Management and Recycling Plan
must also be submitted, which shows plans to recover demolition and
construction materials.
Prior to Issuance of Building Permit
9. As part of the approval of detailed construction plans, plans will have to be
prepared for the modification of the parking T’s and parking signage along
the full block face on both frontages.
10.A storm water pollution prevention plan (SWPPP) shall be incorporated
into the project plans. The SWPPP shall include both temporary Best
Management Practices (BMP’s) to be implemented during construction and
permanent BMP’s to be incorporated into the project to protect storm water
quality.
11.A construction logistics plan shall be provided, addressing at a minimum
parking, truck routes and staging, materials delivery and storage, and the
provision for pedestrian and vehicular traffic adjacent to the construction
site. All truck routes shall conform xvith the City ofPalo Alto’s Truck Route
Ordinance, Chapter 1048, and the route map which outlines truck routes
available throughout the City of Palo Alto.
12.Automatic fire sprinklers shall be provided in accordance with NFPA 13
(1996 Ed.) and Chapter 9 of the California Building Code. Fire Department
access, water supply and hydrants shall be accordance with Article 9 of the
California Fire Code. Class 1 stand pipes shall be provided with
connections within 300 feet of any interior portion of the structure. The
elevators shall be gurney-accessible. Fire hydrant(s) shall be placed in
accordance with Chapter 15 of the PAMC.
13.Finalization of the proposed public art feature(s) as approved by the Public
Arts Commission and the ARB.
During,,Construction
14. All neighbors trees that overhang the project site shall be protected from
impact of any kind.
15.The applicant shall be responsible for the repair or replacement of any
publicly owned trees that are damaged during the course of construction,
pursuant to Section 8.04.070 of the Palo Alto Municipal Code.
16.The following tree preservation measures apply to all trees to be retained
(See Public Works Tree Protection Drawing #505):
No storage of material, topsoil, vehicles or equipment shall be
permitted within the tree enclosure area.
go The ground under and around the tree canopy area shall not be
altered.
17.
Co Trees to be retained shall be irrigated, aerated and maintained as
necessary to ensure survival.
All new trees shall be planted as per Public Works Standard Tree Well
Diagram #504 and have the tree pit dug at least twice the diameter of the
root ball. This diagram shall be sho~vn on the landscape plan.
Attachment G
PROPOSED STAFF FINDINGS FOR ARCHITECTURAL REVIEW STANDARDS
528 High Street (Lot R)
File Nos. 98-ZC-12, 98-ARB-180, 98-EIA-25 and 98-SUB-6
ARB Standards per Chapter 16.48.120 of the PAMC.
The design is consistent and compatible with applicable elements of the city "s "comprehensive
plan (Standard #al) The proposed project is consistent and compatible with the applicable
elements of the City’s Comprehensive Plan in that the proposed development conforms to the
development standards for the Planned Community designation. The project is consistent with
the Policies and Programs of the adopted 1998-2010 Comprehensive Plan specifically: Policy
T-45: Provide sufficient parking in the University Avenue/Downtown and California Avenue
business districts to address long-range needs; Program T-50: Continue working with
merchants, the Chamber of Commerce, neighbors, and a parking consultant to explore options
for constructing new parking facilities or using existing parking more efficiently," and point 10
of the adopted 13-Point Parking Program: Pursue a new parking structure for Lots S and L and
any other feasible sites (including consideration of removing the former Palo Alto Board of
Realtors structure in order to facilitate construction on Lots S and L).
The design is compatible with the immediate environment of the site (Standard #a2) The project
design and proposed improvements are compatible with the immediate environment and the
surrounding environment in that the proposal is similar in scope and scale to existing
development in the Downtown Area of University Avenue and High Street, is consistent with
the proposed zoning and addresses a need for additional parking for the surrounding
environment.
The design is appropriate to the function of the project (Standard #a3) The proposed design is
appropriate to the function of the project in that it incorporates features to reduce the impacts of
the parking structures, provides pedestrian amenities and incorporates a landscaped plaza.
Whether the design is compatible with character in areas that have a unified design character
or historical character (Standard #a4). The site is not located in an area which has a unified
design or historical character.
The design promotes harmonious transitions in scale and character in areas between different
designated land uses (Standard #a5). The proposed project design promotes harmonious
transitions in scale between the differently designated land uses in that the structure have been
designed to provide setbacks, notches in upper floors, articulation of facades and building height
variations.
¯The design is compatible with improvements both on and offthe site (Standard #a6) The design
is not compatible with approved improvements both on- and off-site in that the architectural
improvements are generally consistent with the scale and design of buildings in the vicinity, and
the access is appropriately located.
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 (Standard #a7). The planning and siting of the proposed parking garage creates an
internal sense of order and provides a desirable environment for users, visitors, and the
community in that the project includes exterior architectural features that compliment a
commercial/office look, increased parking in the downtown, a landscaped plaza of outdoor
public space that would provide opportunities for socialization, and an improved pedestrian
environment through the block.
The amount and arrangement of open space are appropriate to the design and the function of
the structures (Standard #a8). The proposed amount and arrangement of open space provided
by the landscaped plaza, the pedestrian connection through the block and ancillary landscaped
areas is appropriate to the design and function of the project and consistent with requirements
in the zone district.
The sufficient ancillary functions are provided to support the main functions of the project and
whether the same are compatible with the project’s design concept (Standard #a9). The
proposed project will improve the ancillary ftmctions of the project vicinity by providing
increased off-street parking spaces and bicycle parking in the downtown.
The access to the property and circulation theron are safe and convenient for pedestrians, cyclist
and vehicles. (Standard #alO). Access to the property and circulation for both drivers and
pedestrians would be provided in a safe and convenient manner.
That natural features area appropriately preserved and integrated with the project (Standard
#a11). Natural features are appropriately integrated into the project in that the landscape plan
provides for a total of 4 street trees along portions of the two street frontages, and two additional
trees and hardscape in the landscaped plaza. Landscaping in elevated planters are also shown
near the vehicular entrances on Alma and High Streets.
The materials, texture, colors, and details construction and plant material are appropriate
expression to the design and function (Standard#a12). The proposed architecture and building
materials are appropriate for the building type and are compatible with the mix of architecture
styles found in the downtown area.
Whether 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 and functional
environment and whether the landscape concept depicts an appropriate unity with the various
building on the site (Standard #a13). The proposed landscape design offers visual relief from
the building fagade, adds visual interest, and helps by providing some human scale along the
project perimeter. The plaza on the north side adds visual interest, provides access through the
block and is an aesthetically pleasing place. The project will incorporate public artwork, all of
which adds to the desirability and functionality of the projects’ environment.
Whether plant material is suitable and adaptable to the site, capable of being properly maintain
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 (Standard #a14). The proposed plant
material is suitable and adaptable to the region and the site and can be properly maintained on
the site. The proposed plantings are appropriate for outdoor use and include a mix of trees and
box plantings, suitable for commercial developments in the downtown area.
The design is energy efficient and incorporates renewable energy design elements (Standard #a
15). The proposed structure is designed to be energy efficient by using an open plan and
preclude mechanical ventilation on upper floors, will include energy efficient lighting and
include features to meet building code requirements for energy efficiency.
Attachment H
DRAFT FINDINGS FOR TENTATIVE SUBDIVISION MAP
528 High Street (Lot R)
File Nos. 98-ZC-12, 98-ARB-180, 98-EIA-25 and 98-SUB-6
The proposed Tentative Map, design and improvements of the subdivision is
consistent with the applicable general and specific plan. The proposed
subdivision and development of a parking structure on the site is consistent
with the Policies and Programs of the adopted 1998-2010 Comprehensive Plan,
specifically: Policy T-45: Provide sufficient parking in the University
Avenue/Downtown and California Avenue business districts to address long-
range needs; Program T-50: Continue working with merchants, the Chamber of
Commerce, neighbors, and a parking consultant to explore options for
constructing new parking facilities or using existing parking more efficiently,"
point 10 of the adopted 13-Point Parking Program: Pursue a new parking
structure for Lots S and L and any other feasible sites (including consideration
of removing the former Palo Alto Board of Realtors structure in order to
facilitate construction on Lots S and L); and Program L-78: Encourage the use
of Planned Community (PC) zoning for parking structures Downtown and in
the California Avenue area.
The site is physically suitable for the type of development. The site is
physically suitable for the project parking structure because the site was
identified in the Palo Alto Comprehensive Plan 1998-2010 as a potential parcel
for the construction of a parking structure.
The site is physically suitable for the proposed density of the development.
The proposed density of the development is consistent with the Palo Alto
Comprehensive Plan Program L-78: Encourage the use of Planned Community
(PC) zoning for parking structures Downtown and in the California Avenue
area. This program recognizes that parking structures located in downtown
would not conform to existing zoning. The proposal will be rezoned as a PC
Planned Community District that allows flexibility in height, setbacks and
other typical development regulations. The specific regulations required for
the proposed parking structure are substantially similar to those of other
developments in a PC Zone District.
4.The design of the subdivision and the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. There are environmental impacts associated with the
project, but all can be mitigated except the unavoidable temporary loss of
parking spaces. Refer to the EIR for further analysis.
The design of the subdivision or improvement will cause serious health
problems. The design of the new subdivision and proposed parking structure
will not result in serious public health problems, in that, all necessary public
services including public utilities are available and will be provided to the site.
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. The new lot pattern and proposed
parking structure do not conflict with existing public easement for access
through the use of the property. The resulting lot has access to a public street
and the required cross-access easement will assure access to the parking
structure and driveways for the life of the use.
Attachment I
DRAFT CONDITIONS OF APPROVAL OF TENTATIVE SUBDIVISION MAP
528 High Street (Lot R)
File Nos. 98-ZC-12, 98-ARB-180, 98-EIA-25 and 98-SUB-6
All conditions of approval as listed below shall be incorporated as a part of this
approval.
The applicant shall apply for a Tract Map Number from the County Recording office.
The applicant shall submit a final grading and drainage plan to Public Works
Engineering, including drainage patterns on site and from adjacent properties. The
plan shall demonstrate that pre-existing drainage patterns to and from adjacent
properties are not altered.
Permittee must obtain a grading permit from the City of Palo Alto Building
Inspection Division if excavation exceeds 100 cubic yards.
The property owner shall obtain an encroachment permit or temporary lease from
Public Works Engineering for a structure, awning, or other features constructed in the
public right-of-way, easement or on property in which the City holds an interest.
PAMC, Section 12.12.010.
A construction logistics plan shall be provided, addressing at minimum parking, truck
routes and staging, materials storage, and 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 attached route map
which outlines truck routes available throughout the City of Palo Alto.
The applicant shall obtain a permit for Construction in a Public Street from Public
Works Engineering for construction proposed in the City right-of-way. Sec.
12.08.010.
The applicant shall obtain an encroachment permit from Public Works Engineering
for pedestrian protection on the public sidewalk during construction.
A detailed site-specific soil report must be submitted which includes information on
water-table and basement construction issues.
10.To reduce dust levels, it shall be required that exposed earth surfaces be watered
as necessary. Spillage resulting from hauling operations along or across any
public or private property shall be removed immediately and paid for by the
contractor. Dust nuisances originating t~om the contractor’s operations, either
inside or outside of the right-of-way shall be controlled at the contractor’s
expense.
11.The Contractor must contact the CPA Public Works Inspector at 496-6929 prior
to any work performed in the public right-of-way. Sectionl2.08.060.
12.No storage of construction materials is permitted in the street or on the sidewalk,
without prior approval of Public Works Engineering.
13.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 Santa Clara Valley Nonpoint Source
Pollution Control Program. The Inspection Services Division shall monitor
BMP’s with respect to the developer’s construction activities on private property;
and the Public Works department shall monitor BMP’s with respect to the
developer’s construction activities on public property. It is unlawful to discharge
any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or
other waste materials into gutters or storm drains.
14.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.
15.All sidewalks bordering the project shall be repaired and/or removed and replaced
in compliance with the Public Works approved standards.
16.The Public Works Inspector shall sign offthe building permit prior to the
finalization of this permit. All off-site improvement shall be finished prior to this
sign-off.
Prior to submittal of final Map
17. The applicant shall arrange a meeting to discuss the improvement plans necessary
for the project with Public Works Engineering, Planning, Fire and Transportation
departments. These improvement plans must be completed and approved by the
City prior to submittal of a final map.
18.All construction within the City right-or-way, easements or other property under
the City’s jurisdiction shall conform to standard specifications of the Public
Works and Utility Departments.