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HomeMy WebLinkAbout2019-03-13 Planning & transportation commission Agenda Packet_______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to two minutes or less to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: March 13, 2019 Council Chambers 250 Hamilton Avenue 6:00 PM Call to Order / Roll Call Oral Communications The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 Agenda Changes, Additions, and Deletions The Chair or Commission majority may modify the agenda order to improve meeting management. City Official Reports 1.Directors Report, Meeting Schedule and Assignments Study Session Public Comment is Permitted. Three (3) minutes per speaker.1,3 2.The Planning and Transportation Commission Will Have a Study Session Discussion Concerning Municipal Code Conflicts With the Voluntary Installation of Electric Vehicle Charging Stations and Bicycle Lockers, and State-Mandated Compliance With the Americans With Disabilities Act, Within Existing Parking Facilities. Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Three (3) minutes per speaker.1,3 3.PUBLIC HEARING / QUASI-JUDICIAL. 190 Channing Avenue [18PLN-00274]: Recommendation on Applicant’s Request for Approval of a Vesting Tentative Map to Allow for Four Residential Condominium Units and Two Office Units on One Parcel. Environmental Assessment: The project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15315 (Minor Land Divisions). Zoning District: RT-35 SOFA II CAP (Residential Transition). For More Information Contact the Project Planner Claire Hodgkins at Claire.Hodgkins@cityofpaloalto.org _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to two minutes or less to accommodate a larger number of speakers. Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 4.January 30, 2019 Draft PTC Meeting Minutes 5.February 13, 2019 Draft PTC Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment Draft Minutes Draft Minutes _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes or less to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission Commissioner Biographies, Present and Archived Agendas and Reports are available online: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: Chair William Riggs Vice Chair Michael Alcheck Commissioner Ed Lauing Commissioner Giselle Roohparvar Commissioner Doria Summa Commissioner Carolyn Templeton Commissioner Asher Waldfogel Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Show up and speak. Public comment is encouraged. Please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Commission Secretary prior to discussion of the item. Write to us. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Letters can be delivered to the Planning & Community Environment Department, 5th floor, City Hall, 250 Hamilton Avenue, Palo Alto, CA 94301. Comments received by 2:00 PM two Tuesdays preceding the meeting date will be included in the agenda packet. Comments received afterward through 2:00 PM the day of the meeting will be presented to the Commission at the dais. Material related to an item on this agenda submitted to the PTC after distribution of the agenda packet is available for public inspection at the address above. Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. Planning & Transportation Commission Staff Report (ID # 10119) Report Type: City Official Reports Meeting Date: 3/13/2019 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: Assistant Directors Report, Meeting Schedule and Assignments From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) review and comment as appropriate. Background This document includes the following items: • PTC Meeting Schedule • PTC Representative to City Council (Rotational Assignments) • Tentative Future Agenda Commissioners are encouraged to contact Yolanda Cervantes (Yolanda.Cervantes@CityofPaloAlto.org) of any planned absences one month in advance, if possible, to ensure availability of a PTC quorum. PTC Representative to City Council is a rotational assignment where the designated commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi- judicial and legislative matters. Representatives are encouraged to review the City Council agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards- and-commissions/planning-and-transportation-commission. The Tentative Future Agenda provides a summary of upcoming projects or discussion items. Attachments: • Attachment A: March 13, 2019 PTC Meeting Schedule and Assignments (DOCX) Draft Planning & Transportation Commission 2019 Meeting Schedule & Assignments 2019 Schedule Meeting Dates Time Location Status Planned Absences 1/30/2019 6:00 PM Council Chambers Regular 2/13/2019 6:00 PM Council Chambers Regular 2/27/2019 6:00 PM Council Chambers Regular Cancelled 3/4/2019 11:00AM Community Meeting Room Special 3/13/2019 6:00 PM Council Chambers Regular 3/27/2019 6:00 PM Council Chambers Regular 4/10/2019 6:00 PM Council Chambers Regular 4/24/2019 6:00 PM Council Chambers Regular 5/08/2019 6:00 PM Council Chambers Regular 5/29/2019 6:00 PM Council Chambers Regular 6/12/2019 6:00 PM Council Chambers Regular 6/26/2019 6:00 PM Council Chambers Regular 7/10/2019 6:00 PM Council Chambers Regular 7/31/2019 6:00 PM Council Chambers Regular 8/14/2019 6:00 PM Council Chambers Regular 8/28/2019 6:00 PM Council Chambers Regular 9/11/2019 6:00 PM Council Chambers Regular 9/25/2019 6:00 PM Council Chambers Regular 10/09/2019 6:00 PM Council Chambers Regular 10/30/2019 6:00 PM Council Chambers Regular 11/13/2019 6:00 PM Council Chambers Regular 12/11/2019 6:00 PM Council Chambers Regular 2019 Assignments - Council Representation (primary/backup) January February March April May June Doria Summa Asher Waldfogel Michael Alcheck Billy Riggs Ed Lauing Cari Templeton Michael Alcheck Billy Riggs Ed Lauing Cari Templeton Giselle Roohparvar Doria Summa July August September October November December Giselle Roohparvar Doria Summa Asher Waldfogel Michael Alcheck Billy Riggs Ed Lauing Asher Waldfogel Michael Alcheck Billy Riggs Ed Lauing Cari Templeton Giselle Roohparvar Draft Planning & Transportation Commission 2019 Tentative Future Agenda March 6, 2019 Draft-All Dates and Topics Subject to Change The Following Items are Tentative and Subject to Change: Meeting Dates Topics March 27, 2019 • Evaluation of RPP Petitions for Future Districts Annexation To Be Scheduled: Topics Co-Working Office Model SB 50 Data Briefing Planning & Transportation Commission Staff Report (ID # 10174) Report Type: Study Session Meeting Date: 3/13/2019 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Limited Parking Reduction for EV Chargers, ADA, and Bicycle Lockers Title: The Planning and Transportation Commission Will Have a Study Session Discussion Concerning Municipal Code Conflicts With the Voluntary Installation of Electric Vehicle Charging Stations and Bicycle Lockers, and State-Mandated Compliance With the Americans With Disabilities Act, Within Existing Parking Facilities. From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) discuss and provide comments. No formal action is requested. Background The purpose of this study session is to highlight an implementation challenge planner have concerning parking requirements and other City or State-mandated policies. This report is not a comprehensive analysis. It was drafted and agendized with the intent of engaging the Commission in a dialogue to help define a possible problem, and as appropriate, begin to explore potential solutions. It is anticipated the Commission’s feedback will be used to inform a draft policy recommendation that would be discussed at a future noticed public hearing. Three policies are the focus of this study session and, include: 1. Climate change and reducing carbon emissions 2. Reducing vehicle miles travel and encouraging cycling 3. Compliance with the State-mandated Americans with Disabilities Act (ADA) These policies intersect with the City’s local parking requirements in many ways, but for the purpose of this study session, the focus is on changes to existing buildings and parking facilities, City of Palo Alto Planning & Community Environment Department Page 2 not new construction. Some specific examples that have challenged planners and are reported obstacles by some property owners includes the following: 1. EV Chargers. There is no current standard that requires a property owner of an existing building to install EV chargers in their parking lot. However, when electively installed, State law requires the parking dimensions for the first EV charger space meet certain van accessible parking and passenger loading requirements. These requirements are borrowed from the ADA law, but the spaces themselves are not required ADA spaces. To meet this requirement, parking lots need to be restriped. In most cases, restriping the parking lot results in the loss of at least one parking space and often in a building that does not have extra parking spaces to lose. Moreover, associated equipment may require the placement of bollards to protect the charger reducing the required depth or width of a standard parking space. 2. Bicycle Lockers. Similar to the EV charges, there is no requirement for a property owner to install bicycle lockers. From time to time, the City will receive a request to remove a parking space or two for the purpose of providing lockers for the building’s workers. In some instances, planners are able to find a solution, but for under-parked buildings this presents a greater challenge. 3. ADA Parking Spaces. When a property owner authorizes a tenant improvement or other changes to an existing building, there frequently is a requirement that the applicant dedicate a percentage of the costs toward accessibility improvements. For sites with on- site parking spaces, this usually means converting a standard parking spaces to a van accessible parking space with a pedestrian loading area. While the owner has a variety of ways to meet this obligation, when an ADA space is required, the site will necessarily require restriping and the loss of at least one parking space. Because the ADA regulations are State-mandated, the City’s long-standing practice has been to authorize the restriping and loss of the parking space. It is staff’s intent to receive Commission feedback on this practice and as appropriate, memorialize a formal policy in the zoning code. Discussion The purpose of this study session is to understand the tension between the City’s goals and efforts to reduce carbon emissions and its current off-street parking requirements. From this discussion staff anticipates returning to the Commission with more analysis and recommendations on possible amendments to the municipal code that support the desired outcomes. The City Council adopted the Sustainability and Climate Action Plan ( S/CAP (Sustainability and Climate Action Plan) in November 2016. This framework serves as a roadmap for achieving Palo Alto’s 80% of 1990 levels by 2030 greenhouse gas reduction goal (80x30). In December 2017, City Council approved the Sustainability Implementation Plan (SIP) focusing on CO2 and H2O City of Palo Alto Planning & Community Environment Department Page 3 reduction. Energy, Mobility, EVs and Water are four pillars of the SIP. Two goals of the EV SIP are to (1) Accelerate EV penetration for both PA-based & inbound vehicles and (2) make going “EV” more convenient than using fossil fueled vehicles. Achieving these goals requires both home charging and destination charging. Council also approved the Low Carbon Fuel Standard Credit Program (LCFS) (Staff Report ID # 7301) on October 24, 2016 to facilitate funding of EV related programs. Financial grants are also available through other programs such as Bay Area Air Quality Management District (BAAQMD) and Electrify America. These policies, plans, and programs have resulted in an increasing number of property owners trying to add EV charging stations to their property. The City of Palo Alto’s Utilities (CPAU) Department has a number of initiatives in place to accelerate the adoption of EVs in Palo Alto and to diversify the City’s EV charging infrastructure. These initiatives include programs to facilitate electric vehicle adoption, such as rebates for electric vehicle charger installations, bulk-buy programs, educational events/tools, and rebates on utility connection fees triggered by EV charger installation. Over the next three to five years the department will focus on efforts to facilitate the installation of EV chargers at low-income and multi-family properties and has budgeted three million dollars toward this effort. California and more specifically, Palo Alto, continues to experience an increase in the number of EV registrations. In 2017, among the top 40 California cities by electric vehicle market share Palo Alto led with 29%, followed by Saratoga at 24% and Los Altos at 22%. The other top eight cities are all in Northern California.1 Additionally, data received from the California Air Resources Board (CARB) indicates a steady uptake in EV adoption in Palo Alto. In 2014 there were an estimated 1100 EVs registered in Palo Alto, in 2018 there were an estimated 4000 EVs registered in Palo Alto. This trend is expected to continue. Where private entities have had some success installing EV chargers is on large parcels with ample parking, such as the Stanford Shopping Center. The City is currently reviewing applications for EV chargers on city-owned parking lots. However, when it comes to individual buildings there are not many successful stories. Also, zoning regulations that apply to Downtown properties provide less flexibility than other parts of the City that may be allowed to reduce parking based on a transportation demand management strategy. For Downtown properties that do not have excess parking spaces or off-site parking resources, the only solution is to pay into the parking in-lieu fund and staff is not aware of any EV chargers installed on private property in the Downtown district. Similarly, there may be opportunities to advance City goals for greenhouse gas reductions, by authorizing one or two parking spaces to be converted to bicycle lockers. Incentivizing cycling not only provides health benefits to the rider, it reduces vehicle trips and supports congestion management strategies. 1 The International Council on Clean Transportation, “California’s continued electric vehicle market development” page 4. City of Palo Alto Planning & Community Environment Department Page 4 The City’s efforts to reduce greenhouse gases and promote electric vehicles must also be balanced to the City’s interests to minimizing the intrusion of commercial parking in residential areas and providing sufficient parking to meet a property’s or businesses needs. Staff seeks the Commission’s perspective on how best to navigate these goals while promoting the public health and welfare. Environmental Review The item has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. As a discussion item there is no action to be taken. The discussion item is not a project under CEQA and is therefore exempt from CEQA. Next Steps The next steps are to be determined by the feedback and direction provided at the hearing. Report Author & Contact Information PTC2 Liaison & Contact Information Russ Reich, Planning Manager Jonathan Lait, AICP, Director (650) 617-3119 (650) 329-2679 russ.reich@cityofpaloalto.org jonathan.lait@cityofpaloalto.org 2 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org Planning & Transportation Commission Staff Report (ID # 9877) Report Type: Action Items Meeting Date: 3/13/2019 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 190 Channing Avenue: Vesting Tentative Map Title: PUBLIC HEARING / QUASI-JUDICIAL. 190 Channing Avenue [18PLN-00274]: Recommendation on Applicant’s Request for Approval of a Vesting Tentative Map to Allow for Four Residential Condominium Units and Two Office Units on One Parcel. Environmental Assessment: The project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15315 (Minor Land Divisions). Zoning District: RT-35 SOFA II CAP (Residential Transition). For More Information Contact the Project Planner Claire Hodgkins at Claire.Hodgkins@cityofpaloalto.org From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Recommend approval of the Vesting Tentative Map to the City Council based on findings and subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B. Report Summary The applicant requests approval of a Vesting Tentative Map to allow four residential condominium units and two commercial units (proposed for office use) on a single, existing, 7,625 square foot (sf) parcel located at 190 Channing Avenue in the RT-35 Zoning District. Through a separate Architectural Review approval, the applicant proposed and was approved to construct a three-story mixed-use building with office use on the ground floor, three residential units on the second level, and one residential unit on the third level. Background City of Palo Alto Planning & Community Environment Department Page 2 Project Information Owner: Cole Dawson Architect/Engineer: Ken Hayes/BKF Engineering Representative: Ken Hayes Legal Counsel: Not Applicable Property Information Address: 190 Channing Avenue Neighborhood: University South Lot Dimensions & Area: 76.2 sf x 100.2 sf; 7,625 square feet Housing Inventory Site: Yes; identified as having a realistic yield of five units Located w/in a Plume: Not Applicable Protected/Heritage Trees: One protected oak tree on adjacent property to be preserved; six regulated street trees to be replaced. Historic Resource(s): Not Applicable. Existing Improvement(s): 1,951 square feet; single-story; built in 1976 Existing Land Use(s): General Business Office Adjacent Land Uses & Zoning: North: Jewish community center (RT-35 Zoning) West: Dentist Office; Bathhouse Spa (RT-35 Zoning; PC-4779 Zoning approximately 150 feet southwest) East: Vacant; dry cleaners (RT-35 Zoning; R-2 Zoning approximately 130 feet southeast) South: Vacant/Parking Lot for Peninsula Creamery Milkman trucks; (RT-35 Zoning) Special Setbacks: None Aerial View of Property: City of Palo Alto Planning & Community Environment Department Page 3 Source: Google Maps Land Use Designation & Applicable Plans/Guidelines Zoning Designation: RT-35 (Residential Transition) Comp. Plan Designation: SOFA 2 CAP (South of Forest Area II Coordinated Area Plan) Context-Based Design Criteria: Not Applicable Downtown Urban Design: Not Applicable SOFA II CAP: Applicable; See discussion below Baylands Master Plan: Not Applicable ECR Guidelines ('76 / '02): Not Applicable Proximity to Residential Uses or Districts (150'): Yes, Multi-family use approximately 130 feet southeast Located w/in AIA (Airport Influence Area): Not Applicable Prior City Reviews & Action City Council: None PTC: None HRB: None ARB: The proposed development was approved on March 5, 2019 following a public hearing held by the ARB on February 7, 2019. The ARB voted to approve the project in a 4-0 vote with one board member absent. Staff Report: http://tinyurl.com/190-Channing-AR-Staff-Report City of Palo Alto Planning & Community Environment Department Page 4 Video: http://tinyurl.com/190-Channing-AR-Video Project Description The project includes a request for approval of a Vesting Tentative Map to create six condominium units (four residential and two commercial) on a single parcel totaling 7,625 square feet (0.18 ac). Approval of the map also includes acceptance of a proposed utility easement on the parcel that is required per City of Palo Alto Utility standards. A location map is included in Attachment A. The proposed Vesting Tentative Map is included in Attachment D. The proposed development associated with this condominium subdivision was approved by the Director of Planning and Community Environment on March 5, 2019 following a recommendation of approval from the Architectural Review Board. It includes demolition of the existing office building and surface parking lot and its replacement with an 8,681 square foot (sf), three-story, mixed-use building that includes two office units on the ground floor and four residential units above. Requested Entitlements, Findings and Purview: The following discretionary applications are being requested and subject to PTC purview: • Vesting Tentative Map: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474. The process for approval of a Vesting Tentative Map for a condominium subdivision is outlined in PAMC Sections 21.12.010 and 21.13.020. Vesting Tentative maps require Planning and Transportation Commission (PTC) review. The PTC reviews whether the amended subdivision is consistent with the Subdivision Map Act (in particular Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. The PTC’s recommendation is forwarded to the City Council for final approval. In accordance with Title 21 of the Palo Alto Municipal Code, all entitlements must be completed prior to formal review of the Vesting Tentative Map. In compliance with this requirement, the applicant’s request for Major Architectural Review was approved on March 5, 2019. Analysis1 The proposed project includes review of the Vesting Tentative Map. The proposed development associated with the map was previously approved. However, in order to approve the map, several findings for the map relate to the anticipated improvements at the site. Therefore, in some cases, the findings reflect on the previously approved improvements to explain how the project meets the findings for approval of the map. 1 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. Planning and Transportation Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to take an alternative action from the recommended action. City of Palo Alto Planning & Community Environment Department Page 5 Neighborhood Setting and Character The proposed project site is surrounded on all sides by other sites within the RT-35 Zone District and the SOFA 2 CAP. Overall, massing within the vicinity varies. No buildings exist on the immediately abutting lots on either Emerson Street or on Channing Avenue. Most of the other buildings within the immediate vicinity are two-story structures and transition to one-story structures moving away from the site. The massing and scale of the project at 35 feet is similar to other adjacent buildings, which range from 21 to 34 feet, and is consistent with the height requirements of the RT-35 zone district. Consistency with the Comprehensive Plan, Area Plans and Guidelines2 The proposed Vesting Tentative Map is consistent with the Comprehensive Plan, in that the site is designated as “SOFA II CAP” land use category and will be developed as a mixed-use office and residential building, which is consistent with uses allowed under the SOFA II CAP land use designation. This land use designation reflects the area within the boundaries of the South of Forest Area II Coordinated Area Plan. The map will facilitate the redevelopment of a parcel within the City’s urban service area which is consistent Policy L-1.1 of the Comprehensive Plan. The associated mixed-use development to be constructed on the lot would add new residential units that contribute to the housing inventory, as well as office space that is designed to be more pedestrian friendly than the current office building, consistent with Goals L-6 and L-9 in the City’s Land Use Element. Consistencies with other Comprehensive Plan policies as well as policies specific to the South of Forest Area II Coordinated Area Plan are included in Attachment B of this report. Zoning Compliance3 The site is zoned RT-35 by the SOFA 2 CAP. The RT-35 district is intended to promote the continuation of mixed use, walkable, areas with a wealth of older buildings. The proposed mixed-use project with residential and office uses is a permitted use within the RT-35 Zone. The size of the parcel would remain unchanged and is consistent with code requirements for the RT-35 District, which has no minimum lot size or dimensions. A detailed review of the proposed project’s consistency with applicable zoning standards has been performed. A summary table is provided in Attachment C and reflects how the proposed map would comply with the RT-35 zoning requirements. Staff finds that the proposed Vesting Tentative Map complies with all applicable codes. Multi-Modal Access & Parking 2 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 3 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca City of Palo Alto Planning & Community Environment Department Page 6 Approval of the Vesting Tentative Map would allow for implementation of the approved development, which proposes to eliminate at grade parking, providing parking below ground instead, and eliminate one of the two existing curb cuts on the project site. The approved development is consistent with the Pedestrian and Bicycle Master Plan. Specifically, it maintains the sidewalk and improves the pedestrian area with landscaping, a bench, and bicycle parking where none currently exists. The proposed project would not impact goals to improve bicycle facilities within this area, particularly a potential Class III bike path along Emerson Street. The project would replace at grade, paved parking with underground parking, which the Comprehensive Plan encourages (Program L-6.6.1 and Policy L-9.2). Ingress/egress to the underground parking garage would be provided from Emerson Street. Consistency with Application Findings The necessary findings for approval of the Vesting Tentative Map are contained in State law and incorporated into Title 21 of the Municipal Code. Under the Subdivision Map Act, the PTC and Council must make a series of “reverse” findings to justify approval. If the findings cannot be made, the subdivision must be approved. In particular, under Government Code Section 66474, the PTC shall recommend denying a Tentative Map if it makes any of the following findings: a) That the proposed map is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. c) That the site is not physically suitable for the type of development. d) That the site is not physically suitable for the proposed density of development. e) That the designs of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. A detailed review of the proposed project’s consistency with applicable Title 21 findings has been performed and can be found in Attachment B. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed Vesting Tentative Map is exempt from CEQA in accordance with CEQA Guidelines Section 15315, Minor Land Divisions. Public Notification, Outreach & Comments City of Palo Alto Planning & Community Environment Department Page 7 The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on March 1, 2019, which is 13 days in advance of the meeting. Postcard mailing also occurred on March 1, 2019. Public Comments As of the writing of this report, no project-related, public comments were received related to the Vesting Tentative Map. Comments received on the proposed Architectural Review application are outlined in the Architectural Review staff report and included a comment that the proposed development should be compatible with the historic buildings within the area as well as comments related to design features proposed at the preliminary review that were revised as part of the formal application. At the ARB hearing on March 7, 2019 one comment was received by a member of the public in support of the project. Alternative Actions In addition to the recommended action, the Architectural Review Board may: 1. Approve the project with modified findings or conditions; 2. Continue the project to a date (un)certain; or 3. Recommend project denial based on revised findings. Report Author & Contact Information PTC4 Liaison & Contact Information Claire Hodgkins, AICP, Planner Jonathan Lait, AICP, Assistant Director (650) 329-2116 (650) 329-2679 Claire.Hodgkins@email jonathan.lait@cityofpaloalto.org Attachments: • Attachment A: Location Map (PDF) • Attachment B: Draft Record of Land Use Action (DOCX) • Attachment C: Zoning Comparison Table (DOCX) • Attachment D: Project Plans (DOCX) 4 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org Peninsula Crea mery Heinichens_Garage 112.5' 50.0' 112.5 145.0' 112.5'145.0' 112.5' 112 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 100.0' 125.0' 100.0' 125.0' 50.0' 124.8' 50.0' 124.8' 50.0' 100.2' 50.0' 100.2' 36.3' 100.2' 36.3' 100.2' 76.2' 100.2' 76.2' 100.2' 50.0' 225.0' 50.0' 225.0' 50.0' 112.5' 50.0' 112.5' 75.0' 112.5' 75.0' 112.5' 112.5' 112.5' 112.5' 112.5' 45.0' 112.5' 45.0' 112.5'45.0' 112.5' 45.0' 112.5'45.0' 112.5' 45.0' 112.5'45.0' 112.5' 45.0' 112.5' 75.0' 50.0'75.0' 50.0' 75.0' 48.0'75.0' 48.0'75.0' 41.0' 41.0'112.5' 37.5' 112.5' 37.5' 112.5' 37.5' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 8 34.0 112.5' 50.0' 1 75.0' 112.5' 75.0' 112.5'25.0' 100.0' 50.0' 1 50.0' 105.0' 50.0' 105.0' 1050 50.0' 105.0' 50.0' 33.3' 05.0' 33.3' 105.0' 105.0' 33.3' 105.0' 33 105.0' 137.5' 112.5'137.5' 112.5' 75.0' 105.0' 75.0' 105.0' 52.0' 105.0' 105.0' 73.0' 105.0' 100.0'0' 100.0' 05.0' 105.0' 200.0' 105.0' 200.0' 105.0' 112.5' 124.8' 112.5' 124.8' 50.0' 105.0' 0' 105.0' 50.0' 105.0' 50.0' 105.0' 187.5' 112.5' 187.5' 25.0' 112.5' 25.0' 112.5' 100.0' 100.0' 100.0' 100.0' 50.0' 112.5' 50.0' 112.5' 112 50.0' 0 56.5' 100.0' 112.5' 100.0' 112.5' 100.0' 112.5' 100.0' 112.5' 95.0' 112.5' 50.0' 28.0' 12.5'1.5' 000.0' 30.7' 100.0' 105.0' 80.3' 80.3' 80.3' 80.3' 50.0' 50. 0' 50. 0' 50.0' 934-944 927 933-937 0 1001 1005 1010 1004 930 975 945 929 931 948 181 940 960 900 925 901-907 909 917 921 925 849 847 842 825 829 833 839 882 165 895 926 190 934 942 948 203 209 21 929 20 0 240 904 904B 910 926 909 909 A848 918 903 903 A 919 A 919 64 920 949 943941 904 965 945 840 901 A RA M O NA ST R E ET E M E R S O N STR E ET E M E R S O N STR EET HIG H STREET C H A N NIN G AVE N U E LANE A W EST C H A N NIN G AVEN U E T-35 PC- 4389 RT-35 R RT- 50 9 This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Known Structures Tree (TR) Zone Districts abc Dimensions (AP) 190 Channing 0' 92' 190 Channing Avenue CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2018-11-21 10:55:03 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Page 1 of 13 APPROVAL NO. ____ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 190 CHANNING AVENUE: VESTING TENTATIVE MAP APPLICATION [18PLN-00274] On ______, 2019, the City Council of the City of Palo Alto held a duly noticed public hearing and, after considering all of the evidence presented, approved the Vesting Tentative Map for a condominium subdivision to create six condominium units on a single parcel, making the following findings, determinations and declarations: SECTION 1. Background. A. On August 16, 2018, Hayes Group Architects, on behalf of Cole Dawson, applied for a Vesting Tentative Map for the creation of six condominium units on a single parcel (“The Project”). B. The project site is comprised of one lot (APN No. 120-28-051) that totals 7,625 square feet (0.18 ac). The site contains one commercial structure. Commercial land uses and/or vacant lots are located adjacent to the lot to the north, south, east and west. C. Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on March 13, 2019 subject to conditions of approval. D. On __________, 2019, the City Council held a duly noticed public hearing, at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council’s policies and procedures. SECTION 2. Environmental Review. The City as the lead agency for the Project has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA). The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City and was found to be exempt from CEQA in accordance with CEQA Guidelines Section 15315 (Minor Land Divisions). SECTION 3. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a Tenative Map, if it makes any of the following findings (California Government Code Section 66474): 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The proposed Vesting Tentative Map is consistent with the City’s Comprehensive Plan (i.e. general plan). Specifically, mixed-use development with office or retail uses on the ground floor and residential units above are encouraged in the SOFA II CAP land use designation and the proposed Page 2 of 13 condominium subdivision allows for the creation of four new housing units on the site, which is consistent with Program H2.1.2 and Policy H2.2 as outlined in the Housing Element. The project is located within the boundaries of the South of Forest Area II Coordinated Area Plan (SOFA II CAP). The SOFA II CAP outlines the zoning requirements, including the lot specifications within the coordinated area plan. The map is consistent with all of the requirements outlined in the SOFA II CAP. Therefore, the map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: As noted above, the design of the subdivision, which includes two commercial units on the ground floor and housing units above is consistent with policies in the Comprehensive Plan, which encourage mixed-uses in urban areas, especially those that include housing. The proposed improvements are consistent with the Comprehensive Plan, as outlined in Table 1. The map and improvements are also consistent with the performance criteria outlined in the coordinated area plan as outlined in Table 2 below. Table 1: Comprehensive Plan Consistency Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan Land Use and Community Design Element GOAL L-1: A compact and resilient city providing residents and visitors with attractive neighborhoods, work places, shopping districts, public facilities and open spaces. The proposed project is a mixed-use development with a multi-family residential component in a transit- oriented area. This type of development and location encourages a compact City and is consistent with regional strategies to address the interaction of jobs, housing balance and transportation issues. It would not cause the City to exceed any identified office CAP. The project is designed to be pedestrian friendly, providing residents and visitors with an attractive streetscape and place to work and live. Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern. Policy L-1.9: Participate in regional strategies to address the interaction of jobs, housing balance and transportation issues. Page 3 of 13 Policy L-1.10: Maintain a citywide cap of 1.7 million new square feet of office/R&D development, exempting medical office uses in the Stanford University Medical Center (SUMC) vicinity. Use January 1, 2015 as the baseline and monitor development towards the cap on an annual basis. Require annual monitoring to assess the effectiveness of development requirements and determine whether the cap and the development requirements should be adjusted. Continue to exempt medical, governmental and institutional uses from the cap on office/R&D development. Policy L-1.11: Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts. Goal L-2: An enhanced sense of "community" with development designed to foster public life, meet citywide needs and embrace the principals of sustainability The proposed project includes four additional residential units on a Housing Opportunity Site to help meet the Citywide need for housing. It embraces the principals of sustainability through its transit-oriented location, as a mixed-use development, and as a building that will meet all Green Building Plus Tier 2 requirements. It also substantially improves the pedestrian environment along these frontages in a pedestrian-oriented area of the City, providing improvements to the street trees within this area. The City’s Comprehensive plan encourages mixed-use development that includes housing and also encourages the location of employment near transit. Policy L-2.3: As a key component of a diverse, inclusive community, allow and encourage a mix of housing types and sizes designed for greater affordability, particularly smaller housing types, such as studios, co-housing, cottages, clustered housing, accessory dwelling units and senior housing. Policy L-2.6: Create opportunities for new mixed use development consisting of housing and retail. Policy L-2.11: Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures. The proposed project is compatible with the immediate neighborhood, providing mixed-use office/residential in an area near transit and near local retail services. The 35 foot tall building is compatible with nearby buildings Page 4 of 13 Policy L-3.4: ensure that new multi-family buildings, entries and outdoor spaces are designed and arranged so that each development has a clear relationship to a public street. which range from approximately 21 to 34 feet. The new mixed-use building is a substantial improvement from the existing at-grade parking lot and small office building surrounded by a chain-link fence. Both the office entrances and entrance to the residential units open onto Channing Avenue. The balconies create a sense of habitation and these, combined with small pockets of open areas and vegetation along the frontage, create a relationship with the public street. Policy L-5.1: Foster compact Employment Districts developed in a way that facilitates transit, pedestrian and bicycle travel. Provide mixed uses to reduce the number of auto trips. The project includes at-grade bicycle parking and substantially improves the pedestrian environment along these frontages in a key connection to the downtown area. It includes mixed-use development and shared parking to reduce auto trips. GOAL L-6: Well-designed buildings that create coherent development patterns and enhance city streets and public spaces. The building is well designed and in keeping with adjacent buildings and uses. It enhances the streetscape in this area. The project is consistent with the Zoning for the RT-35 district and applicable design guidelines, as outlined in the South of Forest Area Coordinated Area Plan for development in this location. Policy L-6.1: Promote high-quality design and site planning that is compatible with surrounding development and public spaces. Policy L-6.2: Use the Zoning Ordinance, design review process, design guidelines and Coordinated Area Plans to ensure high quality residential and commercial design and architectural compatibility. GOAL L-9: Attractive, inviting public spaces and streets that enhance the image and character of the city. The project integrates into the project in an underground garage, replacing an at grade parking lot front Channing Avenue and Emerson Street. It includes shared parking, as encouraged by L-9.2 while still providing safe streets and sufficient parking to meet demand. It enhances the streetscape with vegetation and provides amenities such as a bench and bicycle parking, enhancing the public space at this corner lot. It maintains and enhances the sidewalk in this area. Policy L-9.2: Encourage development that creatively integrates parking into the project, including by locating it behind buildings or underground wherever possible, or by providing for shared use of parking areas. Encourage other alternatives to surface parking lots that minimize the amount of land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand. Policy L-9.3: Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation. Page 5 of 13 Transportation Element Goal T-1: Create a sustainable transportation system, complemented by a mix of land uses, that emphasizes walking, bicycling, use of public transportation and other methods to reduce GHG emissions and the use of single-occupancy motor vehicles. With approval of the shared parking for two spaces, the project provides for its auto parking needs. It is transit- oriented and walking and biking distance from a variety of amenities such as grocery stores, retail, and eating and drinking uses. Program T1.19.1: Provide facilities that encourage and support bicycling and walking. Policy T-3.7: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, gathering spaces, gardens, outdoor furniture, art and interesting architectural details. Although the project includes removal of the existing street trees, these existing trees are mostly in poor or declining conditions. The project would include replacement of all of these street trees and improve the planting areas to allow for proper growth of the new street trees. It also significantly improves the pedestrian environment. Policy T-3.9: Support citywide sustainability efforts by preserving and enhancing the tree canopy where feasible within the public right-of- way, consistent with the Urban Forest Management Plan, as amended. Program T5.1.1: Evaluate the need to update parking standards in the municipal code, based on local conditions, different users’ needs and baseline parking need. Allow the use of parking lifts for office/R&D and multi-family housing as appropriate. The project incorporates parking lifts for office and multi-family housing, as encouraged by this Comprehensive Plan policy. It also includes below grade parking and removes an existing at-grade paved parking lot while still ensuring that proper landscaping is provided along the frontage and that the underground garage is designed around the existing protected oak tree, which would be preserved. Policy T-5.6: Strongly encourage the use of below-grade or structured parking, and explore mechanized parking instead of surface parking for new developments of all types while minimizing negative impacts including on groundwater and landscaping where feasible. Natural Environment Element Policy N-2.10: Preserve and protect Regulated Trees, such as native oaks and other significant trees, on public and private property, including landscape trees approved as part of a development review process and consider strategies for expanding tree protection in Palo Alto The proposed project includes protection of the existing oak tree on the neighboring property. The underground basement has been revised to provide more space between the tree and the underground garage. In addition, the current design includes permeable surfaces within the vicinity of this tree. It should be noted that the existing building is built up to the property line immediately adjacent to this tree. Therefore, having this permeable area immediately adjacent the tree in lieu of the existing building is an improvement from existing conditions. Page 6 of 13 Housing Element Program H2.1.2: Allow increased residential densities and mixed use development only where adequate urban services and amenities, including roadway capacity, are available. Policy H2.2: Continue to support the redevelopment of suitable lands for mixed uses containing housing to encourage compact, infill development. Optimize the use of existing urban services, and support transit use. Program H2.2.3: Use coordinated area plans and other tools to develop regulations that support the development of housing above and among commercial uses. The Housing Element strongly encourages the development of housing in transit rich locations, especially on underdeveloped sites. The Housing Element also identifies this site as a housing opportunity site. The proposed project implements the SOFA 2 CAP, which encourages mixed use buildings that include housing. The existing office use would be replaced with mixed-use office/residential building in a transit rich location, consistent with the Housing Element. Table 2: SOFA 2 CAP Performance Standards Consistency 5.050 (a) PAMC Performance Standards Residential, non-residential and mixed-use projects shall comply with PAMC Chapter 18.64. The performance standards that were previously outlined in PAMC Section 18.64 were revised and are now reflected in PAMC Section 18.23, Performance Criteria, in accordance with Ordinance 4933. 5.050 (b) Noises, Odors, and Clutter: Noises, odors, and clutter shall be screened effectively from streets and adjacent properties. There is nothing proposed as part of this project that would result in noises, odor, or clutter being visible from the public right-of-way or adjacent properties. 5.050(c) Trash and Service Equipment Trash and service equipment, including but not limited to satellite receiving dishes, dumpsters, recycling containers, and air conditioning units, shall be located on the rear of buildings or otherwise out of public view and shall be enclosed or screened with 100% opaque materials around all sides, including landscaping where permissible. The trash and recycling enclosure is screened from public view at the rear of the property and set back from the side property line, yet still accessible for service pick-up. 5.050(d) Trash Recycling Areas: Trash recycling areas and similar offensive areas shall be entirely enclosed (top and sides) and screened with 100% opaque materials when located adjacent to or in close proximity to existing residential uses, proposed residential uses, and residentially zoned properties. The trash recycling area is entirely enclosed and screened. Though it is not adjacent to any existing residential uses, adjacent sites are zoned to allow for residential uses and could eventually be developed for residential or mixed-use residential purposes. 5.050(e) Reduction of Noise and Visual Impacts: New commercial and mixed-use projects, including such noise generating uses as vehicle, automobile repair, automobile service station, and transportation centers, shall be designed to reduce potential noise and visual impacts on adjacent uses with particular attention to existing residential uses. There are no existing residential uses within the immediate vicinity of the project and the project does not include operational activities that would generate more extensive noise, such as an automobile service station, automobile repair, or transportation center. Noise from project operations would be typical of small multi-family residential uses and a small office use and are not anticipated to be impactful on existing uses Page 7 of 13 within the vicinity or potential future uses within the vicinity, even if residential uses were to be proposed. 5.050(f) Reduction of External Noise Impacts All new development or substantial remodeling of existing uses, which might be impacted by such uses shall incorporate design features to minimize potential impacts from noise producing uses on future building tenants and users. The project design would include a stacker parking system and HVAC equipment that would generate noise. The stacker parking system is completely enclosed within the underground garage and would not result in noise impacts on adjacent properties. All HVAC equipment would be required to meet code requirements, including restrictions on the noise level and placement of such equipment to ensure compliance with Title 9 of the PAMC. 5.050(g) Storage Yards: All commercial uses with outside service or storage yards, including vehicle storage yards, shall provide attractive, opaque screening around the entire perimeter of these yards. Screening shall include dense landscaping in combination with an opaque fence if feasible. This is not applicable to the proposed project. Regardless, the project still includes a wall along the perimeter landscaping to provide privacy between parcels for the rear open space area. Landscaping is also provided along the perimeter. 5.050(h) Elimination of Odors and Fumes All uses producing strong odors and fumes, which can be detected from off or adjacent to the property shall install equipment or containment areas in order to eliminate such detectable odors and fumes. The project does not include a use that is anticipated to generate any detectable odors or fumes that could be detected from off or adjacent to the property (e.g. a restaurant or industrial use). Standard trash, compost, and recycling carts would be provided and an enclosure would be constructed to house these. 5.050(i) Light Sources Interior and exterior light sources shall be shielded in such a manner as to prevent visibility of the light sources and to eliminate glare and light spillover beyond the perimeter of the development. The proposed project includes both interior and exterior lighting. The photometric study provided on Sheet A2.5 shows that there would be minimal lighting for the public right-of-way (small walkway lights at a maximum of .29 foot-candles). In most cases lighting would not extend beyond the property line. Staff notes that the extensive windows on the second and third floors are not anticipated to result in light spillover or glare; however the lighting for these interior spaces would make these spaces more visible to areas outside of the property line. 5.050(j) Prohibition of Nuisance All uses, whether permitted or conditional, shall be conducted in such a manner as to preclude any nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illumination. There are no anticipated uses on the site that would result in nuisances or hazards that would impact the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition. Page 8 of 13 Prior to issuance of a building permit or occupancy permit, or at any other time, the chief building official may require evidence that adequate controls, measures, or devices have been provided to insure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition. 5.050(k) Private Useable Open Space Residential and Mixed Use development shall provide useable private open space in a yard, patio, porch, deck, balcony, French balcony at least two feet in depth, or loggia for each dwelling unit. The type and design of the useable private open space shall be appropriate to the architectural character of the building, and shall consider dimensions, solar access, wind protection, views, and privacy. Notwithstanding PAMC Section 18.04.030 (65)(A), loggias up to 80 square feet per dwelling unit shall be excluded from gross floor area. Spaces enclosed with windows are not open space. The proposed project includes extensive private open space in the form of both ground floor open space and balconies. The proposed private balconies are desirable open space that considers dimensions, solar access, wind protection, views, and fit in with the architectural character of the building. However, the balconies along the side lot line and facing Emerson Street do tend to provide more sweeping views into the neighboring property along Emerson. However, the balcony along the interior side lot line is set back and tall landscape screening is provided to screen views. Currently the adjacent property is not developed and therefore impacts would be minimal. No balconies are provided along the rear lot line where a potential multi-family residential project is proposed. 5.050(l) Common Useable Open Space Residential and Mixed Use development in the RT- 35 and RT-50 zones shall provide common useable open space. The design of the common useable open space shall be suitable for a variety of user groups, including families with children. The common useable open space shall be intentionally designed for the use and enjoyment of the residents and as an integrated composition with the building, with particular attention to solar access, protection from wind, visibility both into and from the area, quality and durability of paving and furnishings, and use of appropriate and attractive plant materials. The size and dimensions of the common open space(s) shall be adequate and suitable for the number of units served by the open space(s). The proposed project is located within the RT-35 Zone district and provides common useable open space. The common useable open space is intentionally designed for the use and enjoyment of the residents and as an integrated composition with the building, with attention to solar access, protection from wind, and visibility into and from the area. It would be more desirable of the ground floor open space area were available for common use, rather than private use for the office tenant. However, on balance, staff finds the project to be consistent with this performance standard. 3. That the site is not physically suitable for the type of development: The site is well suited for the proposed development. Mixed-uses with office on the ground floor and residential above is highly encouraged in this residential transition area. The proposed Page 9 of 13 development is consistent with all the requirements of the underlying RT-35 Zone District and the proposed use is a permitted use within this zone district and under the SOFA II CAP land use designation outlined in the Comprehensive Plan. The Vesting Tentative Map includes a condominium subdivision on a single parcel; therefore, the size of the parcel would not change. The existing parcel is consistent with the RT-35 zone district lot size requirements. 4. That the site is not physically suitable for the proposed density of development: The project is consistent with the density outlined for the land use designation of the site (SOFA II CAP) as outlined in the City’s Comprehensive Plan; therefore the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The proposed Vesting Tentative Map and approved improvements would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no open space areas or natural features within the vicinity of the project site. The area is entirely urban in nature. The adopted Palo Alto 2030 Comprehensive Plan includes Map N-1, which identifies sensitive animal and plant species within the Palo Alto quadrangle, a large geographic area that includes the urban portions and portions along the bay and within the foothills, based on information in the California Natural Diversity Database (CNDDB). Based on this map and the urban nature of the site, the subject property does not contain any habitat for endangered, rare, or threatened species and has not historical supported any of these species. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The proposed condominium subdivision and improvement of the site with a mixed-use development would not have the potential to cause a serious public health problem. The proposed use would not include use or storage of hazardous materials in large quantities and the site is not located on a hazardous waste site pursuant to 65962.5 of the government code. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The proposed Vesting Tentative Map and anticipated improvements will not conflict with any public easements (e.g. utility or access easements) on the site. There are no public easements on Page 10 of 13 the property currently. The proposed development includes more than one gas meter; therefore, the Vesting Tentative Map includes an offer of a new public utility easement for access to the meters. SECTION 5. Vesting Tentative Map Approval Granted. Vesting Tentative Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 6 of this Record. SECTION 6. Final Map Approval. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map prepared by BKF Engineering, “Vesting Tentative Map for Condominium Purposes, 190 Channing Palo Alto, Santa Clara, California”, consisting of one lot, dated December 12, 2018, except as modified to incorporate the conditions of approval in Section 6. A copy of this plan is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Preliminary Parcel Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Parcel Map, as specified in Chapter 21.08, to be prepared in conformance with the Preliminary Parcel Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.010[a]). SECTION 7. Conditions of Approval. Planning Division 1. The applicant shall confirm the location all existing features of the site, including protected and non-protected trees, wells, structures, utilities, and easements to the satisfaction of Public Works, the Planning Division, and any other agency that would have an interest in those features. 2. DEVELOPMENT IMPACT FEES. Estimated Development Impact Fees, including housing impact fees, currently estimated in the amount of $282,593.57 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit. 3. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date Page 11 of 13 of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6. 4. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion and at Applicant’s expense, elect to defend any such action with attorneys of its own choice. Public Works Engineering Department PRIOR TO FINAL MAP SUBMITTAL 5. Subdivider shall prepare and submit documents per PAMC 21.16.020 along with the Final Map. 6. Off-site improvements such as curb and gutter, sidewalk replacement, street tree replacement and/or new street trees, street lights, utility upgrades or street resurfacing, striping are typically required with subdivisions. Since the proposed projects are part of subdivision, applicant(s) shall be aware that off-site improvements such as those listed above will be required. At a minimum plans provide an off-site improvement Plan set that show new curb, gutter and sidewalk along the project frontages to be removed and replaced, full street width resurfacing (grind and overlay) will be required, new street trees, striping, all off-site utility upgrades. Applicant shall meet with Urban Forestry to evaluate if new street trees can be planted along the project frontages. 7. Provide closure calculations and cost estimate for the off-site improvements described above. 8. Subdivision Improvement Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite per PAMC Section 21.16.220. 9. The Final Map shall include CITY ENGINEER STATEMENT, CITY SURVEYOR STATEMENT, BENEFICIARY STATEMENT, DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT STATEMENT and CITY CLERK. 10. The City of Palo Alto does not currently have a City Surveyor we have retained the services of Siegfried Engineering to review and provide approval on behalf of the City. Siegfried will be reviewing, signing and stamping the Final Map associated with your project. In effort to employ the services of Siegfried Engineering, and as part of the City’s cost recovery measures, the applicant is required to provide payment to cover the cost of Siegfried Engineering’s review. Page 12 of 13 Our intent is to forward your Final Map to Siegfried for an initial preliminary review of the documents. Siegfried will then provide a review cost amount based on the complexity of the project and the information shown on the document. We will share this information with you once we receive it and ask that you return a copy acknowledging the amount. You may then provide a check for this amount as payment for the review cost. The City must receive payment prior to beginning the final review process. 11. Provide electronic copies of the documents provided. PRIOR TO FINAL MAP APPROVAL 12. Signed Subdivision Improvement Agreement and Security Bonds as described per PAMC 21.16.230 shall be submitted to Public Works. PRIOR TO FINAL MAP RECORDATION 13. Submit wet signed and stamped mylar copy of the Final Map to the Public Works for signature. Map shall be signed by Owner, Notary and Subdivider’s Surveyor prior to formal submittal. PRIOR TO ISSUANCE OF A BUILDING PERMIT OR GRADING AND EXCAVATION PERMIT 14. Final Map shall be recorded with County Recorder. Utilities Water Gas Wastewater Department 15. The applicant shall comply with all Utilities, Waste-Gas-Water conditions of approval outlined in the tentative approval letter issued on February 19, 2019 for Architectural Review Application 18PLN-00043. 16. Any water service, gas service, or wastewater lateral not in use must be disconnected and abandoned. 17. The contractor shall not disconnect any part of the existing water, gas, or wastewater mains except by expressed permission of the WGW utilities inspector and shall submit a schedule of the estimated shutdown time to obtain said permission. 18. Only City forces can work on the City gas distribution system. 19. The applicant shall secure a public utilities easement for the gas meters installed in private property prior to approval of final occupancy. The applicant's engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering division with copies of the public utilities easement on the parcel. Utilities Engineering Department 16. The applicant shall comply with all Utilities Engineering conditions of approval outlined in the tentative approval letter issued on February 19, 2019 for Architectural Review Application 18PLN- 00043. Page 13 of 13 SECTION 8. Term of Approval. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to map recordation (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two- year period from the date of Vesting Tentative Map approval, or such extension as may be granted, the Vesting Tentative Map shall expire and all proceedings shall terminate. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: Those plans prepared by BKF Engineering titled “Vesting Tentative Map for condominium purposes 190 Channing Palo Alto, Santa Clara County, California”, consisting of two pages, dated December 4, 2018. ATTACHMENT C ZONING COMPARISON TABLE 190 Channing Avenue Applications 18PLN-00043 Table 1: Compliance with SOFA II CAP RT-35 District Regulations Regulation Requirement Existing Proposed Minimum Site Area No minimum 7,625 sf No Change Min. Site Width No minimum 76.25 feet No Change Min. Site Depth No minimum 100 feet No Change Attachment D Project Plans Hardcopies of project plans are provided to Board members. These plans are available to the public online and/or by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll to find “190 Channing” and click the address link 3. On this project specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.cityofpaloalto.org/news/displaynews.asp?NewsID=4528&TargetID=319