Loading...
HomeMy WebLinkAbout2019-03-27 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 27, 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 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 2.The Planning and Transportation Commission Will Make a Recommendation to the City Council Regarding the Evaluation and Prioritization of New Residential Parking (RPP) Program Petitions for Old Palo Alto, Green Acres, and Charleston Gardens 3.PUBLIC HEARING / QUASI-JUDICIAL. 1700 & 1730 Embarcadero Road [18PLN-00186]: Recommendation on Applicant's Request for Approval of 1) Zoning Amendment to Change the Zoning of the Site From CS(D) and PC to CS(D)(AD) and 2) Site and Design Review and a Design Enhancement Exception to Allow the Demolition of an Existing 18,000 Square Foot Vacant Restaurant Building and a 15,700 Square Foot Audi Service Building and the Construction of a Two-Story 84,900 Square Foot Automobile Dealership That Combines two Brands (Mercedes/Audi). Environmental Assessment: An Initial Study/Mitigated Negative Declaration was Circulated for Public Comment From March 15, 2019 to April 22, 2019. Zoning Districts: CS(D) & PC-4846. For More Information Contact the Project Planner Sheldon S. Ah Sing at sahsing@m-group.us At-Place Memo _______________________ 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. 4. PUBLIC HEARING. Planning and Transportation Commission Consideration of an Ordinance Amending Section 18.42.110 (Wireless Communication Facilities) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Update the Code to Reflect Recently Adopted FCC Regulations. This Item Was Previously Heard by the Commission on December 12, 2018. CEQA: This Ordinance is Exempt from Environmental Review Under CEQA Guidelines Sections 15061(b)(3), 15303, and 15305. Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment _______________________ 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 # 9783) Report Type: City Official Reports Meeting Date: 3/27/2019 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: 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 27, 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 Roohparvar 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 Alcheck 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 Alcheck 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 11, 2019 Draft-All Dates and Topics Subject to Change The Following Items are Tentative and Subject to Change: Meeting Dates Topics April 10, 2019 • 1210 Newell Road: Fence Variance Hearing Request To Be Scheduled: Topics Co-Working Office Model SB 50 Data Briefing Planning & Transportation Commission Staff Report (ID # 10040) Report Type: Action Items Meeting Date: 3/27/2019 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Evaluation of RPP Petitions for Future Districts or Annexation Title: The Planning and Transportation Commission Will Make a Recommendation to the City Council Regarding the Evaluation and Prioritization of New Residential Parking (RPP) Program Petitions for Old Palo Alto, Green Acres, and Charleston Gardens From: Jonathan Lait Recommendation Staff recommends that the Commission recommend a prioritized list of the requested Residential Preferential Parking (RPP) districts, subject to the addition of adequate staff resources in the FY 2019-20 Budget. Executive Summary Beginning in early 2014, the City has been actively addressing the parking and transportation challenges throughout the City through a multi-faceted approach focused on parking management, parking supply, and transportation demand management programs. The strategy included the development of a citywide Residential Preferential Parking (RPP) ordinance, which was adopted in December 2014. Initially exercised in the development of the Downtown RPP district, which went into effect in September 2015, the citywide ordinance includes parameters for neighborhoods to petition and request a new RPP district or to be annexed to an adjacent, existing RPP district through a petition process reviewed annually by staff and prioritized through PTC direction. This staff report discusses the resident-organized petitions for new RPP districts received as of March 27, 2019 and requests the Commission to prioritize these requests. Background and Discussion Per the citywide RPP Ordinance, residents may self-organize and request the formation of an RPP district in their neighborhood (see Municipal Code Chapter 10.50). The process, as outlined in the Ordinance (which does not yet reflect the City’s creation of an Office of Transportation City of Palo Alto Planning & Community Environment Department Page 2 independent from the Planning and Community Environment Department of which it was formerly a part), is as follows: 1. Residents must request a petition from the Planning and Community Environment Department. The petition includes a narrative portion and a signature form to demonstrate resident support. 2. The Director of Planning and Community Environment will review all petitions received by March 31 of that year. 3. Following receipt of the petitions and director review, staff will bring the complete petitions to the Planning and Transportation Commission (PTC) for its review and recommendation on prioritization of the completed petitions. In making its recommendation to the director, the Commission must consider the severity of non- residential parking impact, the demonstrated level of neighborhood support, and the staff resources needed to process requests in making its recommendations, according to the RPP Ordinance. 4. After prioritization by the PTC, the ranked list will be considered by Council to provide direction to staff on which district(s) to consider further for potential implementation after study and outreach is conducted. 5. For those district(s) that are selected for prioritization, staff will gather additional information and begin community outreach and stakeholder engagement. This process includes parking occupancy counts and a stakeholder process to develop a program that meets the needs of all parties as best as possible. At the end of the stakeholder engagement process, the City Attorney will prepare a draft resolution containing the parameters of the proposed program. 6. Staff will bring the proposed RPP District to the Planning and Transportation Commission by the end of September of the same calendar year. The PTC will review the draft resolution and make a recommendation to City Council regarding the RPP district. 7. Following these steps, the City Council will hold a public hearing to review the proposed resolution, and to adopt, modify, or reject the proposal. As of March 31, 2019, staff has received petitions for the following neighborhoods: Old Palo Alto (Attachment A) • Date submitted: August 2018 • Boundary: 2200 and 2300 blocks of Ramona Street, 100 and 200 block of Washington Avenue, 100 block N. California Avenue, 2200 and 2300 block High Street, 100 and 200 block Oregon Avenue City of Palo Alto Planning & Community Environment Department Page 3 • Background: Petition notes parking intrusion from Caltrain riders and from Cal Avenue Business District. Parking congestion is noted daily during the weekdays between 7:00 am to 7:00 pm. Petition includes signatures from 26 residents who support parking restrictions. • Resident-Requested Program Parameters: Residents have indicated interest in resident permits only, although the petition was initially submitted to annex into the existing Evergreen Park-Mayfield district which does offer employee permit parking. Streets could either annex into the existing Evergreen Park-Mayfield RPP district, or a small, new district could be formed. • Parking Occupancy Levels: None Submitted • Potential Implications: While annexation into an existing program would be a simplified approach from the planning perspective, a stakeholder process and community outreach process is recommended to develop a program that provides for residents and employees and could include permits for on-street parking. Green Acres (Attachment B) • Date submitted: August 2018 • Boundary: Georgia Ave, Hubbartt Drive, 4000 Block of Donald Drive • Background: Petition notes parking intrusion from Gunn High School. Parking congestion is noted on weekdays during school hours. Petition includes signatures from 40 residents who support initiation of an RPP zone. Timed parking restrictions exist in parts of this neighborhood to discourage on-street parking by Gunn High School students and visitors. Parking is not allowed on-street between 9 and 10 AM on school days on Hubbartt and parts of Georgia and Donald. • Parking Occupancy Levels: None Submitted • Resident-Requested Program Parameters: Specific program parameters were not noted in the petition and would be addressed and proposed based on the community outreach and stakeholder process. Residents note a daytime parking intrusion and frustration with having to move their cars to avoid citations due to the existing timed parking restriction. • Potential Implications: An in-depth community outreach and stakeholder process would be necessary to convert the existing parking restriction into an RPP program or other solution. Engineering and enforcement alternatives for the neighborhood, including red curb and adjustments to timed parking restrictions may be options to pursue in lieu of or in addition to a permit program and should be considered prior to or in tandem with the implementation of an RPP District. Charleston Gardens (Attachment C) • Date submitted: September 2018 • Boundary: 800 block of San Antonio Road • Background: Petition notes parking intrusion by car rental businesses and the Jewish Community Center. Parking congestion is noted daily throughout the week. Petition includes signatures from 8 tenants of one building who support parking restrictions. • Resident-Requested Program Parameters: None • Parking Occupancy Levels: None Submitted City of Palo Alto Planning & Community Environment Department Page 4 • Potential Implications: Petition does not meet the requirements for an RPP as the submitter is not a resident, and the parking intrusion occurs in a commercial zone. The Municipal Code states that RPP districts are “intended to restore and enhance the quality of life in residential neighborhoods.” In consultation with the proprietors who submitted this request, staff are investigating solutions to the parking issues identified by the petition in this commercial area. Following PTC prioritization and Council direction, evaluation and Council consideration of implementation of each program would occur as follows: Old Palo Alto: Per the city-wide RPP Ordinance, staff would conduct a community outreach and stakeholder process to design a program for the area. If the neighborhood wishes to be annexed to the adjacent Evergreen Park-Mayfield RPP program rather than establish a new program, further City Council action would be necessary. Otherwise, at the conclusion of the stakeholder process, the City Attorney will draft a resolution with program parameters for PTC review and recommendation to City Council, followed by Council evaluation and decision to adopt, modify, or reject the proposed RPP district. Green Acres: Per the City-wide RPP Ordinance, staff would conduct a community outreach and stakeholder process to design a program for the area. At the conclusion of the stakeholder process, the City Attorney will draft a resolution with program parameters for PTC review and recommendation to City Council, followed by Council evaluation and decision to adopt, modify, or reject the proposed RPP district. Policy Implications The implementation of Residential Preferential Parking districts is consistent with the following Comprehensive Plan policy and program: Policy T-5.11: Work to protect residential areas from parking impacts of nearby businesses and uses, recognizing that fully addressing some existing intrusions may take time. Program T5.11.1: Coordinate with neighborhood groups and local businesses and other stakeholders to evaluate the need for a residential parking permit program in areas without existing programs. Resource Impact The demands for parking services have continued to grow and now far exceed the staff resources available for these services. The expansion of Residential Permit Parking districts adds to this demand. In addition, the complexity of developing and operating customized and unique Residential Permit Parking districts places a significant strain on City resources, including City staff and its contractors. The City Council will be asked to address this situation though a set of actions including the addition of more staff resources in the parking program; City of Palo Alto Planning & Community Environment Department Page 5 investments (new permit parking and citation management system) that improve both the effectiveness and efficiency in the delivery of services; and consideration of modifications to the existing Residential Permit Parking program. Environmental Review The Commission prioritization and subsequent City Council decision are expected to provide conceptual direction for a new RPP district in Palo Alto, and are not a project under the California Environmental Quality Act (CEQA). Adoption of a new RPP district, including specific parameters for the district, would be subject to consideration and approval by Council by resolution at a later date. That resolution would address compliance with CEQA. Attachments: • Attachment A: Old Palo Alto RPP Petition (PDF) • Attachment B: Green Acres RPP Petition (PDF) • Attachment C: Charleston Gardens RPP Petition (PDF) This petition has collected 24 signatures using the online tools at ipetitions.com Printed on 2018-08-16 Page 1 of 7 Neighborhood Petition Request Form About this petition This form must be filled out in its entirety and submitted to: The City of Palo Alto Transportation Department 250 Hamilton Avenue Palo Alto CA 94301 Feel free to attach additional sheets containing pictures, occupancy maps, additional testimony or additional text if the space provided is insufficient. 1. Requesting Individual’s Contact Information Name: Isabelle Diamond Address: 150 Nevada Avenue 2. Please describe the nature of the overflow parking problem in your neighborhood. 1. What streets in your neighborhood do you feel are affected by overflow parking? High - From: Washington To: Oregon Emerson - From: Washington To: Oregon Ramona - From: Washington To: Oregon Washington - From: Alma To:Ramona N California - From: Alma To:Ramona Nevada - From: High To: Ramona Oregon - From: High To: Ramona 2. How often does the overflow occur? Monday through Friday from 7:00AM to 7:00PM. 3. Does the impact vary from month to month, or season to season? It is constant. 3. Can you identify a parking impact generator that is the cause of overflow parking in the neighborhood? Are there any facilities (churches, schools, shopping centers, etc.) near this location that generate a high concentration of vehicle and pedestrian traffic? Please list your understanding of the causes: California Avenue Caltrain station is the cause of the high overflow of traffic. Most of the car traffic comes from drivers parking their vehicles for the entire day, so that they can take the underpass to walk to California Caltrain station. It is important to note that Caltrain parking is never full as most of the train users elect to park their car in our neighborhood, for free! Page 2 of 7 Several consequences: 1) This results in a constant overflow of cars all week long from Monday to Friday on the streets mentioned above. This large increase in cars limits the access to the neighborhood park for families since there are no parking spaces available all day long. This defeats the purpose of having a park for the enjoyment and pleasure of our community. 2) Some families who would like to enjoy the park, are forced to park at the end of High Street on the off ramp from Oregon to Alma, which is an extremely dangerous spot to park. 3) We see cars cruising down at full speed, searching for parking spaces all day long. This endangers pedestrians crossing to go to the park, not to mention the kids that are running around the park. Bowden Park and shops at California Avenue also generate pedestrian traffic. Families walk and drive to enjoy the park facilities as well as the shops and restaurants at California Avenue. 4) As High Street is fully congested with cars, Caltrain users find parking spaces in other perpendicular streets (Nevada Avenue for example), slowly inundating the whole neighborhood. 5) Local residents often have no parking spaces available for their secondary vehicles or are sandwiched between 2 cars obstructing their driveways. 6) Our neighborhood has finally become the parking lot for Caltrain customers. 4. Please describe how parking restriction will be able to eliminate or reduce overflow parking impacting the neighborhood. Please include yours suggestion for the boundary of the program: For all the above reasons cited in section 3, we believe that requesting limited parking access (2 hours maximum per car per day) from Monday to Friday (8:00am to 5:00pm) on the streets mentioned above, would allow our neighborhood to safely enjoy the benefits and amenities of our town of Palo Alto; not only the park, as well as the California avenue retail stores and restaurants. This would also allow people outside the neighborhood to equally enjoy the park and the retail outlets, allowing parking opportunities for everyone. 1) Since the flow of traffic will decrease, safety will improve for pedestrians, in particular. To further improve safety, we would also like to request for the city to place speed deterrents (speed bumps for example) on High Street, running from the off ramp to Oregon to California Avenue. 2) Parking restriction would allow everyone who wishes to enjoy the park, to be able to park his/her vehicle during day time. It is only by restricting the time amount that there will be parking space available for all to enjoy the park (now Caltrain users park as early as 6:00 am until as late as 7:00 pm. By 8:00 am, High street is completely full as well as the portion of Nevada to Emerson. Traffic then begins to inundate the surrounding streets.). 3) To ensure that our neighborhood is no longer the parking lot for Caltrain users when there is space available for them to park at the station. 4) To accommodate not residents, we are willing to accept 20 non-resident paid parking permits to be issued. Page 3 of 7 5. Is there neighborhood support for submittal of this application? Have you contacted your HOA/Neighborhood Association? Please see signatures below Neighborhood Petition Form (Street by Street Basis) THE UNDERSIGNED BELOW AGREE TO THE FOLLOWING: 1. All persons signing this petition do hereby certify that they reside on the following street, which is being considered for parking restrictions: High, Nevada, Emerson, Ramona, Washington, N. California and Oregon 2. All persons signing this petition do here by agree that the following contact person(s) represent the neighborhood as facilitator(s) between the neighborhood residents and the City of PaloAlto staff in matters pertaining to this request: Name: Isabelle Diamond Address: Nevada Avenue, Palo Alto Name:George Herman Address: High Street, Palo Alto Name: Kristin Major Address: Nevada Avenue, Palo Alto ONLY ONE SIGNATURE PER HOUSEHOLD Page 4 of 7 Signatures 1. Name: Keith Clarke on 2018-08-01 23:45:30 Street Address: Washington Ave Phone Number: 2. Name: Isabelle Diamond on 2018-08-02 01:24:03 Street Address: Nevada Avenue Phone Number: 3. Name: Edward Keyani on 2018-08-02 21:28:14 Street Address: Washington Ave Phone Number: 4. Name: George Herman on 2018-08-02 23:10:50 Street Address: High St Phone Number: 5. Name: Ann Protter on 2018-08-03 01:54:09 Street Address: N California Ave Phone Number: 6. Name: Elizabeth Shepard on 2018-08-03 05:02:59 Street Address: Nevada Avenue Palo Alto, CA Phone Number: 7. Name: Nahid Waleh on 2018-08-03 15:28:54 Street Address: Emerson Street Phone Number: 8. Name: Tim Roper on 2018-08-03 16:02:10 Street Address: N. California Ave. Phone Number: 9. Name: Ann Winkler on 2018-08-03 20:39:12 Street Address: Ramona Street Palo Alto, CA 94301 Phone Number: 10. Name: Ping Wan on 2018-08-03 21:24:39 Street Address: Washington Ave Phone Number: Page 5 of 7 11. Name: Ferdinand Sales on 2018-08-05 17:29:22 Street Address: Ramona St Palo Alto CA 04301 Phone Number: 12. Name: Bud and Barbara Bennigson on 2018-08-05 22:12:59 Street Address: Ramona Street Phone Number: 13. Name: M Dreyer on 2018-08-06 00:32:51 Street Address: Nevada Ave Palo Alto CA 94301 Phone Number: 14. Name: Kenneth Hadler on 2018-08-06 06:11:14 Street Address: High Street Palo Alto CA 94301 Phone Number: 15. Name: Astrid Hadler on 2018-08-06 06:12:36 Street Address: High Street Palo Alto CA 94301 Phone Number: 16. Name: Mitchell Miller on 2018-08-08 00:55:44 Street Address: RAMONA ST Phone Number: 17. Name: Christopher Robell on 2018-08-08 22:12:33 Street Address: Emerson St Phone Number: 650-245-7395 18. Name: John Carlson on 2018-08-09 18:30:37 Street Address: Washington Ave Phone Number: 19. Name: Brandon on 2018-08-10 04:09:43 Street Address: Nevada Ave Phone Number: 20. Name: Rafael Oliveira on 2018-08-13 21:16:30 Street Address: Ramona St Phone Number: Page 6 of 7 21. Name: Laurel Robinson on 2018-08-14 02:33:28 Street Address: WASHINGTON AVE Palo Alto CA 94301 Phone Number: 22. Name: Matt Robinson on 2018-08-14 05:23:48 Street Address: 23. Name: Morgan Lashley on 2018-08-15 04:29:08 Street Address: Washington Ave Palo Alto, CA 94301 Phone Number: 24. Name: Evelyn Chan-Cox on 2018-08-15 22:25:16 Street Address: Washington Ave Phone Number: Powered by TCPDF (www.tcpdf.org) Page 7 of 7 Jeneen Nammar Hubbartt Dr. Palo Alto, CA 94306 Phone:  E-Mail: 8-21-18 Mark Hur Parking Operation Lead Planning & Community Environment Transportation City of Palo Alto 250 Hamilton Ave. Palo Alto, CA 94301 Dear Mr. Hur: As you are aware, in our neighborhood by Gunn High School, many of us live in a zone in which the city can ticket residents for parking in front of their own homes on weekday mornings from 9 to 10 am. The streets impacted are Hubbartt, Georgia, and to a small extent Donald. Surely the signs are intended to keep Gunn high school students from abusing the residents, and to some extent they are appreciated for trying to fulfill that purpose. There is not much doubt in the neighborhood that without the signs, the students would be taking advantage of us. Each of us can testify to students taking up the street space in front our homes. Those on Georgia, that live by the path to Gunn, are especially exasperated that visitors to their homes would have to park away from them. However, the street signs do not exempt the residents themselves from being ticketed. Monday through Friday, from 9 to 10 am, the city can financially penalize residents for parking in front of their own homes, and from our experience, does. This sets up certain unacceptable inequities between us and other Palo Alto residents, and our petitions aim to rectify that. As required by city policy, I solicited signatures from residents to grant us access to the Residential Preferential Parking Program (RPP). As I gained signatures, I personally talked with many residents, who have felt unfairly treated and financially penalized by tickets- that we do not enjoy the same parking freedoms as other residents. We are now aware that other neighborhoods with similar signs have already been given access to the RPP program- that we are behind in asking for RPP and that every ticket we get, could have been avoided now. So we ask for same equal treatment. RPP should be extended to all residents in school zones and ours. Please extend it to our neighborhood. Thank you for listening and your help in this matter. Please advise me as to when it will begin for us, as now I responsible to 40 other residents. The school year has started, and we are concerned that we will be financially penalized at any time until the RPP is extended to us. Sincerely, Jeneen Nammar Gunn High School Neighborhood Resident Jeneen Nammar Planning & Transportation Commission Staff Report (ID # 9892) Report Type: Action Items Meeting Date: 3/27/2019 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 1700 Embarcadero Road: Mercedes and Audi Dealerships Title: PUBLIC HEARING / QUASI-JUDICIAL. 1700 & 1730 Embarcadero Road [18PLN-00186]: Recommendation on Applicant's Request for Approval of 1) Zoning Amendment to Change the Zoning of the Site From CS(D) and PC to CS(D)(AD) and 2) Site and Design Review and a Design Enhancement Exception to Allow the Demolition of an Existing 18,000 Square Foot Vacant Restaurant Building and a 15,700 Square Foot Audi Service Building and the Construction of a Two-Story 84,900 Square Foot Automobile Dealership That Combines two Brands (Mercedes/Audi). Environmental Assessment: An Initial Study/Mitigated Negative Declaration was Circulated for Public Comment From March 15, 2019 to April 22, 2019. Zoning Districts: CS(D) & PC-4846. For More Information Contact the Project Planner Sheldon S. Ah Sing at sahsing@m-group.us From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Consider the CEQA document and forward a recommendation to the City Council to adopt the Mitigated Negative Declaration; and, 2. Recommend adoption to the City Council the attached ordinance (Attachment C) changing the zoning district on the subject properties to CS(AD)(D); and, 3. Recommend approval to the City Council the draft Record of Land Use Action approving the request for Site and Design Review and a Design Enhancement Exception based on findings and subject to conditions of approval. Report Summary City of Palo Alto Planning & Community Environment Department Page 2 The project seeks to redevelop two separate parcels adjacent to the Baylands: 1700 Embarcadero Road, which includes the former Ming’s Restaurant building, and 1730 Embarcadero Road, which includes the Audi dealership. The applicant, Lyle Hutson on behalf of Holman Automotive Group, Inc. proposes to demolish the former Ming’s Restaurant building and the service building of the Audi Dealership to construct a two-story automobile dealership with roof deck parking and a detached car wash facility. The project also as part of the design the construction of a bicycle path along East Bayshore Road and Embarcadero Road to further implement the City’s Bicycle and Pedestrian Transportation Plan. The applicant requests the following: • To maintain two separate parcels and two separate buildings that meet Fire and Building Codes with access easements. • To rezone the 1700 Embarcadero Road parcel to include the Automobile Dealership Combining Districts resulting in a property zoning of Service Commercial with Site and Design Review and Automobile Dealership combining Districts CS(D)(AD) • To rezone the 1730 Embarcadero Road parcel from Planned Community (PC-4846) to CS(D)(AD). The purpose of this report is for the PTC to consider the zone change and to evaluate the project based on the Site and Design Review criteria. In addition to the standard conditions of approval, staff recommends the following conditions, which are explained further in this report: • Additional landscaping features are to be added to the rear of the building; and • Restriction of lighting hours for the site Background Project Information Owner: Holman Embarcadero, LLC (1700 Embarcadero) & Pare, LLC (1730 Embarcadero) Architect: Lyle Hutson YSM Design Representative: Steve Presson, Holman Automotive Legal Counsel: Not Applicable Property Information Address: 1700 & 1730 Embarcadero Road Neighborhood: Baylands Lot Dimensions & Area: 1700 Embarcadero: ~180 feet along Embarcadero Road and ~550 feet deep (2.28 acres) 1730 Embarcadero: ~251 feet along Embarcadero Road and ~312 feet along East Bayshore Road (2.54 acres) Housing Inventory Site: No Located w/in a Plume: No City of Palo Alto Planning & Community Environment Department Page 3 Protected/Heritage Trees: Yes, street trees Historic Resource(s): No, building circa 1968 Existing Improvement(s): 1700 Embarcadero: 17,942 square feet and one story built in 1968 1730 Embarcadero: 15,049 square feet service building and 7,380 square foot showroom (one story) originally constructed in 1970 with recent improvements from 2017 (Audi) Existing Land Use(s): Vacant Restaurant and existing Audi Dealership Adjacent Land Uses & Zoning: North: (Offices) ROLM West: (Medical Offices) ROLM East: (Car Dealership) PC-4847 South: (Offices) ROLM Special Setbacks: Not Applicable Aerial View of Property: Source: Google 2018 Land Use Designation & Applicable Plans/Guidelines Zoning Designation: 1700 Embarcadero: CS(D), 1730 Embarcadero: PC-4846 City of Palo Alto Planning & Community Environment Department Page 4 Comp. Plan Designation: Service Commercial Context-Based Design: Yes, see discussion below Downtown Urban Design: Not Applicable SOFA II CAP: Not Applicable Baylands Master Plan: Yes, see discussion below ECR Guidelines ('76 / '02): Not Applicable Proximity to Residential Uses or Districts (150'): Not Applicable Located w/in AIA (Airport Influence Area): Yes. See discussion in Project Description section Prior City Reviews & Action A previous application was considered by the PTC, ARB and City Council, but the project applicant ultimately withdrew the application following Council direction for project modifications in June 6, 2016. A new property owner and application has been filed and recently reviewed by the ARB. That report is available online: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=66721. Following PTC review and recommendation, it is anticipated the project will proceed to the ARB for continued review and refinement of the building architecture and related features. Project Description The project site consists of two contiguous parcels totaling 4.82 acres. The site is located on the southeast corner of Embarcadero Road and East Bayshore Road (see location map, Attachment A). The site has a Comprehensive Plan land use designation of Service Commercial and includes two different zoning districts corresponding with the separate parcels. The current Audi dealership parcel is Planned Community (PC) zoning, while the former Ming’s parcel (Mercedes Benz parcel) is zoned Commercial Service (CS) with Site and Design Review (D) combining district. The applicant will maintain the two separate parcels with appropriate easements, however, the project will function as a single site with two separate brands. The project proposes to rezone both parcels to CS with (D) and Automobile Dealership (AD) combining districts. The site is also located within the City’s Baylands Master Plan (Privately Owned Lands) area and the City’s Comprehensive Plan identifies the site within the “East Bayshore Employment Center”. A portion of the site is developed with a single-story commercial building, formerly Ming’s restaurant and a large surface parking lot. The existing architecture of the building is characteristic of mid-century modern architecture with some roof elements reminiscent of an Asian style, the cuisine of the former restaurant. The other portion of the site includes the currently functioning Audi Dealership with 15,049 sf service building and 22,929 sf showroom City of Palo Alto Planning & Community Environment Department Page 5 (completed in 2017). The new showroom is indicative of the current Audi branding, while the service/repair building is a typical, industrial architectural style. The site includes an approximate 80-foot-wide easement along East Bayshore Road to accommodate overhead high voltage electric transmission lines (PG&E) parallel to East Bayshore Road, and a sub-surface storm drain line. Surface improvements such as landscaping, driveways and parking, are allowed within the easement to a limited extent. Neighborhood Setting and Character The project is located within the Baylands Master Plan Area in an area designated as “Privately Owned Lands”. This is an urbanized built-out area that includes office buildings and automobile dealerships. The Audi portion of the site directly abuts the Baylands preservation property (former ITT, Inc. lands) where the site is visible from the Renzel trail within the Baylands. Attachment F depicts the surrounding area using a map and photographs. The vicinity around the project site includes two different zoning districts with different development standards. The allowable Floor Area Ratio (FAR) is 0.4:1 for Research, Office and Limited Manufacturing (ROLM) districts and 0.6:1 for the automobile dealerships. The area with the ROLM district is characterized by two story buildings surrounded by parking lots with large street-facing setbacks. The PG&E easement along East Bayshore includes tall towers carrying high voltage transmission electric lines. One tower is located on the property at the Embarcadero Road and East Bayshore Road intersection. Because of the easement along East Bayshore Road, the proposed building has a large setback and the developer is therefore requesting to deviate from the “build-to-line” setback along Embarcadero Road. The proposed setback of 83 feet is consistent with the surrounding development, except for the Audi showroom, which is closer to the street (18’-10”), but inconsistent with the CS zoning front setback development standard (0’ to 10’). This easement also affects any vegetation and structures that would be proposed under the transmission lines. PG&E does not allow vegetation that would be taller than 15 feet in height at maturity and this height limitation includes any light fixtures. Except for the project’s stairwell and elevator towers, the project’s height and massing would be consistent with the neighboring buildings’ height and massing because of the larger setbacks prominent in the vicinity, the large street trees, and the wide right-of-way. The project is consistent with the FAR maximums for the site and would not be the largest building in the vicinity (which is the office building to the south). Proposal The applicant proposes to construct a two-story automobile dealership with roof deck parking and a detached car wash facility on the project site. To accommodate the proposal, the applicant proposes the following: • To maintain the two parcels as separate and include cross-access agreements. City of Palo Alto Planning & Community Environment Department Page 6 • To change the zoning of the Audi parcel from PC to CS(D)(AD) to be consistent with the Mercedes Benz parcel, which would also be rezoned to add the (AD) combining district overlay. • The zone change is preferred over amending the PC so that the site is consistent with the adjacent property. The adjacent Honda dealership is zoned PC-4847, and the rest of the “neighborhood” is zoned ROLM. • To demolish the existing structures except for the new Audi Showroom and recent site improvements adjacent to the showroom. The proposal includes the construction of a new two-story automobile dealership facility that would include two brands. The facility will include two adjacent buildings that will have cross- functionality between the two brands and will meet all the required building/safety codes. The automobile dealerships would include separate sales, administrative offices, vehicle storage, and service/repair areas integrated into the buildings. On-site improvements include an ancillary car wash facility (on the Audi parcel), customer parking, vehicle merchandise display, solid waste/recycling facilities and landscaping. The brands would share access to the site, the roof deck for vehicle parking, the onsite car wash facility and portions of the service/repair drive aisle. The Mercedes Benz dealership would include an internal automated parking system capable of displaying 300 new vehicles within a showroom area. Figure 7: Project Site Plan City of Palo Alto Planning & Community Environment Department Page 7 Source: YSM Design 2018 Architecture While the dealership buildings appear to be connected, the uniqueness of each brand is expressed through the architecture of their showroom portions of the buildings. The existing Audi showroom will remain unchanged. The service portions of the building will share complementary architectural themes. The new Mercedes Benz building will include metal, stucco and clear fenestrations, which is consistent with the materials used on the Audi showroom. There is a cantilevered element extending from the showroom providing a transition in mass of building to Embarcadero Road. The project includes a combination of some whites, earth-tone elements and darker and metallic colors associated with the brand identity used as accents. Figure 8: Dealership Perspective from Intersection City of Palo Alto Planning & Community Environment Department Page 8 Source: YSM Design 2018 Figure 9: Dealership Perspective from Embarcadero Road Source YSM Design 2018 The rear of the buildings and the Audi service building facing the Honda dealership has limited relief and fenestration and is mostly a stucco finish. The rear of the buildings includes flow- through planters at the upper levels of the elevations just below the parapets. Figure 10: Rear of Building with Vegetation (View from Renzel Trail) Source: YSM Design 2018 Figure 11: Rear of Building Without Vegetation (View from Renzel Trail) City of Palo Alto Planning & Community Environment Department Page 9 Source: YSM Design 2018 Requested Entitlements, Findings and Purview: The following discretionary applications are being requested and subject to PTC purview: • Site and Design: The process for evaluating this type of application is set forth in PAMC 18.30(G). Site and design review is intended to consider development in environmentally and ecologically sensitive areas, including established community areas that may be sensitive to negative aesthetic factors, excessive noise, increased traffic or other disruptions, in order to assure that the proposed use and development will be harmonious with other uses in the general vicinity, will be compatible with environmental and ecological objectives, and will be in accord with the Palo Alto Comprehensive Plan. If recommended for approval, the project requires review before the Architectural Review Board before the project is forwarded to the City Council for final action of all requested entitlements. Site and design applications are evaluated to specific findings and all findings must be made in the affirmative to approve the project. The findings to approve a site and design application are provided in Attachment B. • Amendment to Zoning Map: This is a request to rezone the site to Service Commercial with Site and Design Review and Automobile Dealership combining districts [CS(D)(AD)]. The process for evaluating this type of application is set forth in PAMC 18.80. Rezone applications are reviewed by the PTC and recommendations are forwarded to the City Council. • Design Enhancement Exception (DEE): Approval of this exception would allow deviation from the “build-to-line” (percentage of building along the front and street side setbacks) requirement within the CS district. In addition, the project proposes to deviate from the parking lot shade canopy requirement principally due to the presence of the existing utility easement that extends along an significant portion of the property. The process for evaluating this type of application is set forth in PAMC 18.76.050. DEE applications are reviewed by the ARB and recommendations are typically forwarded to the Planning & Community Environment Director for action within five business days of the Board’s recommendation. However, since this project includes other actions that require approval by the City Council, the Board will make their recommendation to the City Council. DEE projects are evaluated against specific findings (Attachment B). All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. City of Palo Alto Planning & Community Environment Department Page 10 Review by Outside Agencies: The project is located within an Airport Influence Area because of its proximity to the Palo Alto Airport (approximately 2,300 feet). The project requires referral to the Santa Clara County Airport Land Use Commission (ALUC). Based on the project proposal and its location it is not expected to interfere with the airport operations and a standard “avigation easement” would likely be required that provides acknowledgement that the project site is within the vicinity of the airport. The target date for the ALUC to hear the project is April 24, 2019. Analysis1 The Comprehensive Plan includes Goals, Policies, and Programs that guide the physical form of the City. The Comprehensive Plan provides the basis for the City’s development regulations and is used by City staff to regulate building and development and make recommendations on projects. Further, Site and Design Review Finding (d) requires that the design be consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. The Comprehensive Plan land use designation for the project site is Service Commercial. This includes facilities that provide citywide and regional services and rely on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast of the Bayshore Freeway. Nonresidential FARs will range up to 0.4:1. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations. On balance, the project is consistent with the policies in the Comprehensive Plan and therefore fulfills the goals of the Plan as well. A detailed review of the project’s consistency with the Comprehensive Plan is provided in Attachment B. Baylands Master Plan - Private Lands Policies The following are policies that affect the site: 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 11 • Be sure any future development is consistent with the Comprehensive Plan and continues to receive extensive design review utilizing the Site and Design Review Process and the Site Assessment and Design Guidelines Palo Alto Nature Preserve. • Provide screen planting along the southerly urbanized edge of the private property facing the former ITT property. Site Assessment and Design Guidelines The Site Assessment and Design Guidelines for the Palo Alto Baylands Nature Preserve, developed in 2005, are intended to be used when designing or reviewing projects located in any part of the Baylands—including projects on privately-owned land. Conformance with these Guidelines will help to ensure compatibility with the special aesthetic qualities and environmental conditions unique to the Baylands. General Design Principals The following design principles are suggested to reflect and preserve the Baylands’ unique landscape character and have been used to review this application. Table 1: Consistency with the General Design Principals Principal Consistency Use only muted, natural colors. Choose materials and finishes that will weather without degrading: The proposed building would be clad in metal panels and cement plaster system with white, metallic, khaki and sandy hook grey accents. Glass would be high performance, insulated, low-e glazing that is bird safe. Preserve the horizon line with low and horizontal elements. The building would be 36’ to 43’-0” in height for the parapets with the stair and elevator towers being between 48’ and 50’. The building’s mass is articulated and appears to have a horizontal orientation except for the elevator and stairwell shafts which are vertical. Mount fences, enclosures, and identity signs low to the ground. The project includes some general details on signs, however, no application for a sign permit has been submitted. When a sign application is submitted, staff will ensure the any approved signs are low lying, and that all wall signs are located below the roof line so as not to puncture the horizon line. Reduce the size and mounting heights of regulatory signs. Specific detail on the site signs were not provided and not proposed at this time. Design for practicality. The proposed dealership with an integrated sales, service and inventory building is efficient and innovative. City of Palo Alto Planning & Community Environment Department Page 12 During the September 2018 ARB meeting, the Board recommended that the applicant consider modifications and revisions so that the project would be consistent with the Design Guidelines. The applicant responded by including more muted colors such as white and khaki. To a limited extent, the building also includes branding colors such as silver and black. Early in the process, staff communicated to the applicant that the project’s interface with the Baylands is important. Staff recommends a condition of approval that the applicant add more landscaping features that are attached to the rear of the building to address this issue. Figure 12: Proposed Rear Elevation with Flow-Through Planters Source: YSM Design 2018 Figure 13: Suggested Landscape Treatment for the Rear of the Building Zoning Compliance2 A detailed review of the proposed project’s consistency with applicable zoning standards has been performed. A summary table is provided in Attachment D. The proposed project complies with all applicable codes or is seeking through the requested permits permission to deviate from certain code standards, in a manner that is consistent with the Zoning Ordinance. Zoning Designation With the approval of the zoning amendment, both parcels would have a zoning designation of 2 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca Planter City of Palo Alto Planning & Community Environment Department Page 13 CS(D)(AD) Service Commercial Zone with Site and Design Review and Automobile Dealership Combining Districts. The following provide a summary of the zoning designations. Service Commercial The Service Commercial (CS) district described in PAMC 18.16 is intended to create and maintain areas accommodating citywide and regional services that may be inappropriate in neighborhood or pedestrian-oriented shopping areas, and which generally require automotive access for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles. Site and Design Review Combining District The Site and Design Review (D) combining district described in PAMC 18.30(G) is intended to provide a process for review and approval of development in environmentally and ecologically sensitive areas, including established community areas which may be sensitive to negative aesthetic factors, excessive noise, increased traffic or other disruptions, in order to assure that use and development will be harmonious with other uses in the general vicinity, will be compatible with environmental and ecological objectives, and will be in accord with the Palo Alto Comprehensive Plan. Automobile Dealership Combining District The Automobile Dealership (AD) combining district described in PAMC 18.30(F) is intended to modify the regulations of the service commercial (CS) and general manufacturing (GM or GM[B]) districts to create and maintain areas accommodating automobile dealerships primarily engaged in new and used automobile sales and service on a citywide and regional basis. Such uses generally require special parking, access, and outdoor display provisions for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles. The combining district allows for an additional 0.20 Floor Area Ratio (FAR) for showroom space. As proposed and conditioned the project appears consistent with the intent of the zoning district and combining districts. As discussed previously under the Lighting subsection and later within the Environmental Review section, a condition addresses the lighting of the site at nighttime and mitigation measures will address project noise and lighting so that the project is consistent with the City’s Comprehensive Plan and is compatible with the neighboring properties including the Baylands. Floor Area Ratio (FAR) With approval of the requested zoning amendment, the maximum FAR for the site is 0.4:1 (for CS properties), plus an additional 0.2:1 for showroom space (for properties with AD combining district). Table 2: FAR Summary Building/Site FAR Area Description Parcel Area Requirement Allowable Area (SF) Proposed (SF) City of Palo Alto Planning & Community Environment Department Page 14 Mercedes Benz Dealership 110,432 SF 0.4:1 44,172.8 34,845 Showroom 0.2:1 Bonus 22,086.4 9,010 Audi Dealership 99,456 SF 0.4:1 39,782.4 39,703 Showroom 0.2:1 Bonus 19,891.2 9,654 The project plans and the representation of floor area is not consistent with how staff is applying floor area in this project. Updated plans are being requested and may be available at the time of the hearing. The municipal code limits the floor area and height of showroom space. The project is well below these thresholds. The project plans incorrectly show a portion of the automobile new car inventory as showroom. This is not the case. The new car inventory building is located within a high volume building that includes a puzzle lift system for vehicle storage. Floor area is calculated based on the number of floors in the building. This portion of the building only contains one floor on the ground level, portions of a second floor along the periphery of the building, the rest of the building area is volumetric space. The vehicle stackers add capacity and some might consider this enhanced capacity as floor area, but the interpretation made for this project differs from that perspective. Accordingly, staff wanted to bring the PTC’s attention to this interpretation and can provide additional information at the hearing as warranted. Figure 14: View of Automated Vehicle Stacking System Showroom Source: YSM Design 2018 Figure 15: View of Automated Vehicle Stacking System Showroom on First Floor City of Palo Alto Planning & Community Environment Department Page 15 Source: YSM Design 2018 Multi-Modal Access & Parking The site will have one driveway entrance on East Bayshore Road and two driveway entrances along Embarcadero Road with a continuous on-site driveway around the site. A City of Palo Alto Shuttle stop is located directly in front of the Audi showroom. A transportation circulation exhibit showing pedestrian, bicycle and transit services within the vicinity of the project is included within the plans. Bicycle Facilities No bicycle lanes are currently provided along the street frontage of the site. The bicycle facilities near the site include a Class I multi-use trail, a Class II striped lane bike lane, and Class III shared bike route. The Renzel Trail extends between Faber Place and the Adobe Creek Loop Trail and runs parallel to Bayshore Road. It connects the Adobe Creek Loop Trail with the San Francisquito Creek Trail through bike lanes on Embarcadero Road and Geng Road and bike routes on Faber Place. It is part of the Baylands trail system that traverses through the Baylands open spaces area of Palo Alto. As part of the project, a bicycle path will be constructed along Bayshore and Embarcadero Road. Consistent with the City’s Bicycle and Pedestrian Transportation Plan, the existing bicycle lanes on Geng Road connect to the Bay Trail. The proposed bicycle path would provide a safe connection where one does not exist currently. In front of the project will include a rest area for cyclists with benches and a water fountain. Importantly, the creation of this bike path does come at the expense of 10 mature trees on Bayshore and one mature tree on Embarcadero that cannot be replaced due to the existing utility easement across the property. Staff encourages the PTC to consider the City’s policy interests in enhancing tree canopy with other objectives provided for in the Bicycle and Pedestrian Transportation Plan. City of Palo Alto Planning & Community Environment Department Page 16 Figure 16: Plan Depicting Bicycle Path and Seating Area Source: LAI 2018 Vehicular Parking Required parking for the project is met with surface parking and structured parking. Each site provides sufficient parking to meet the City’s required parking for dealerships. Short-term bicycle parking is also provided onsite in accordance with the PAMC (See Attachment E). Transit Services Existing transit service to the study area is provided by the City of Palo Alto’s shuttle service, which is free and open to everyone. The Embarcadero Shuttle runs on Embarcadero Road and provides weekday peak-hour service between the Palo Alto Caltrain Station and the Baylands Business Parks east of US 101. Local schools and community facilities are also served including Palo Alto High School, Jordan Middle School and Castilleja School. The Embarcadero Shuttle runs approximately every 20 minutes, Monday through Friday, during commute hours (7:00 to 10:00 AM and 3:30 to 7:00 PM) and is coordinated with the Caltrain schedule. The nearest shuttle stops are located on Embarcadero Road near Geng Road. Other transit services (VTA and SamTrans bus services, Stanford University’s Marguerite shuttle service, and Caltrain) are provided at the Palo Alto Transit Center/Caltrain Station. Lighting City of Palo Alto Planning & Community Environment Department Page 17 The project is adjacent to the Baylands and the inhabitants of the Baylands are sensitive to lighting caused by development. Intense lighting is typically associated with automobile dealerships. According to the project’s photometric exhibits, the proposed lighting does not spill over to the adjacent parcels. However, the project does include intense lighting along Embarcadero Road and East Bayshore Road. Staff recommends a condition of approval to reduce the lighting intensity along the streets, as well as to have the lights dimmed or shut off during the nighttime hours. Consistency with Application Findings The project is subject to a few applications as described previously. Each application requires the City Council to make findings for any approval. Specifically, the PTC will forward a recommendation on the Site and Design Review and the Zone Change requests. The findings are included in Attachment B. The project is consistent with these findings with conditions of approval proposed. 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 project requires the adoption of a Mitigated Negative Declaration because an initial determination was made that implementation of the project would result in significant impacts. The Initial Study/Mitigated Negative Declaration public circulation period is between March 15 and April 22, 2019. The Mitigated Negative Declaration identified that the project would create significant impacts to the following topics: Biological resources, cultural resources, geology and soils and transportation/traffic. Each significant impact can be reduced to less than significant with the implementation of mitigation measures. See Attachment E. Traffic Impacts A Transportation Impact Analysis (TIA) was completed as part of the drafting of the project’s environmental documentation. The TIA’s intersection level analysis is consistent with the City’s threshold of Level of Service (LOS). LOS categories range from “A” or free flowing to “F” or breakdown flow. The analysis shows that the Embarcadero Road and East Bayshore Road intersection operates at an unacceptable LOS F during the PM peak hour and would continue to operate a LOS F under background (existing traffic conditions) and cumulative (future conditions). The addition of project-generated traffic creates a significant impact at the intersection during the PM peak hour under background plus project and cumulative plus project conditions. Both conditions require mitigation. Background + Project (Near-term) To mitigate this impact under the near-term, the project would need to reconfigure the northbound approach from one left-turn and one through/right-turn lane to one left-turn and one all movement lane. The level of service analysis shows that the intersection delay would City of Palo Alto Planning & Community Environment Department Page 18 improve from LOS F to LOS E under background plus project conditions. In addition to the restriping, the improvement would include sidewalk, crosswalk, and signal improvements to bring the intersection up to current standards. This would include a new crosswalk on the north leg and a right-turn overlap phase (right turn arrow) for the southbound E. Bayshore to westbound Embarcadero right turn. The applicant would be responsible to construct these improvements prior to the occupancy of the project. Cumulative (Long-term) The intersection of E. Bayshore Road and Embarcadero Road would operate at an unacceptable LOS F during the PM peak hour under cumulative conditions, both without and with the project. Mitigation could be accomplished by widening the intersection and maintaining signal control or by building a roundabout. • To increase the intersection capacity with signal control, it would be necessary to restripe the westbound approach to provide two left-turn lanes, one through lane, and one right-turn lane. The westbound leg would need to be widened to provide one left- turn lane, two through lanes, and a right-turn lane. These changes would allow the signal to operate with protected left-turn phasing rather than split phasing on Embarcadero. Some right-of-way would be required. The level of service analysis shows that the intersection would operate at a better LOS F under cumulative plus project conditions with this improvement. • An alternative mitigation would be to replace the existing signal control with a two-lane roundabout at the intersection. The improvement should also consider straightening the horizontal curve and increasing the length of the two northbound receiving lanes on the north leg on E. Bayshore Road. Some right-of-way would be required. The level of service analysis shows that the intersection would operate at a better LOS F under cumulative plus project conditions with a roundabout. The intersection is listed in the City’s Transportation Impact Fee (TIF) program for an improvement that would be funded through the TIF. Currently the improvement is listed as a modification to the signalized intersection, but a roundabout could be added as an alternative. With the TIF, the improvement would be implemented, and the cumulative impact would be mitigated. The project’s payment of the TIF would constitute a fair-share contribution to the cost of the recommended improvement. Public Notification, Outreach & Comments 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 City of Palo Alto Planning & Community Environment Department Page 19 on March 15, 2019, which is 12 days in advance of the meeting. Postcard mailing occurred on March 13, 2019, which is 14 days in advance of the meeting. Public Comments As of the writing of this report, there was one inquiry from the neighboring property owner (See Attachment G). The neighbor had concerns regarding the location and operation of the car wash, hazardous material storage, water runoff pollution, the effects of the massing of the building on the neighboring property and the proposed fence and vegetation between the properties. Figures 14 and 15 depict the distance between the dealership/car wash and the adjacent building. The operation of the car wash will need to comply with PAMC 9.10.040 regarding noise. The project will also need to comply with PAMC 16.11 regarding stormwater pollution. The project plans also include a shadow analysis depicting the shadows of the buildings at the summer and winter solstice. Figure 17: Cross Section Between Proposed Building and Existing Adjacent Building Source: YSM Design 2018 Figure 18: Cross Section Between Proposed Car Wash and Existing Adjacent Building Source: YSM Design 2018 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 PTC3 Liaison & Contact Information 3 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org City of Palo Alto Planning & Community Environment Department Page 20 Sheldon S. Ah Sing, AICP, Contract Planner Jonathan Lait, AICP, Director (408)340-5642 X109 (650) 329-2679 sahsing@m-group.us jonathan.lait@cityofpaloalto.org I find this confusing – can you please clarify. What did the PC do that’s different from standard zoning, and will the proposed project be consistent with the proposed zoning (i.e., would any portion be non-conforming?) Attachments: • Attachment A: Location Map (PDF) • Attachment B: Draft Record of Land Use Action (DOCX) • Attachment C: 1700-1730 Embarcadero Zoning Map Amendment Ordinance (DOCX) • Attachment D: Zoning Comparison Table (DOCX) • Attachment E: Project Plans and Environmental Documents (DOCX) • Attachment F: Surrounding Vicinity Map and Photos (DOCX) • Attachment G: Public Comment (PDF) 24 Gas Station #1 Club House_& Pro Shop PA Flying Club The Airport Shoppe EMB 4 EMB-3 EMB-2 EMB-1 U.S. Post Office 7 8 . 8 ' 2 5 3 . 4 ' 5 1 . 5 ' 8 4 . 5 ' 2 2 8 . 5 ' 8 3 . 0 ' 9 1 . 5 ' 9 8 . 6 ' 1 0 6 . 0 ' 1 4 0 . 5 ' 2 6 3 . 5 ' 6 8 . 5 ' 7 5 . 8 ' 2 9 2 . 5 '3 3 1 . 9 '1 0 2 . 5 '1 5 5 . 0 ' 1 4 6 . 0 ' 1 0 2 . 5 '1 7 2 . 5 '2 7 8 . 5 '1 7 5 . 0 '1 3 2 . 5 '1 8 2 . 6 ' 1 4 3 . 4 ' 1 2 8 . 5 '1 8 8 . 0 '1 7 7 . 5 '1 2 5 . 0 '1 2 6 . 0 '2 4 1 . 0 '3 3 2 . 5 '3 3 4 . 0 '2 5 6 . 5 '2 3 7 . 5 '2 0 2 . 0 '2 0 0 . 5 '2 0 2 . 5 '2 4 5 . 0 '1 5 3 . 0 '1 8 7 . 5 ' 3 2 . 8 '. 0 '2 6 . 0 '5 4 7 . 8 '3 4 3 . 2 '4 5 9 . 4 '1 6 2 . 7 ' 4 7 7 . 5 '2 9 . 3 ' 1 1 2 . 6 ' 3 3 7 . 9 '1 6 6 3 . 5 '1 1 7 1 . 1 '5 1 5 9 . 9 '3 5 0 . 0 '7 7 2 . 0 '2 1 1 . 0 '1 6 9 . 8 '2 3 6 . 0 '1 6 7 . 7 '3 2 9 . 7 '1 1 2 4 . 0 '3 4 3 . 4 '1 0 7 5 . 3 '2 0 2 . 9 '2 9 5 . 0 '2 2 4 . 3 '3 6 7 . 5 '7 1 7 . 7 ' 4 0 4 . 1 ' 9 8 . 4 ' 1 5 3 . 7 ' 5 . 2 '1 9 . 5 ' 2 6 . 6 ' 3 7 7 . 7 ' 6 9 3 . 0 ' 3 0 3 . 6 ' 3 3 0 . 0 ' 1 1 7 . 5 ' 1 9 8 . 0 ' 4 7 5 . 0 ' 2 9 0 . 4 ' 2 7 3 . 9 ' 1 1 8 . 8 ' 2 1 1 . 9 ' 1 7 8 . 2 ' 1 0 5 . 7 ' 2 . 8 ' 6 0 . 2 ' 1 3 2 . 0 ' 4 2 8 . 3 ' 1 1 . 3 ' 1 5 2 . 5 ' 2 4 0 . 2 ' 1 0 6 . 7 ' 1 4 1 . 7 ' 1 7 9 . 9 ' 1 1 2 . 1 ' 2 0 3 . 6 ' 5 1 5 . 9 ' 3 3 . 2 ' . 2 ' 5 6 4 . 0 ' 2 6 9 1 . 4 ' 3 5 3 . 6 ' 9 3 . 1 ' 1 4 5 . 2 ' 1 3 2 . 0 ' 1 3 0 9 . 3 ' 8 . 3 ' 1 0 0 3 . 3 ' 7 0 9 . 3 ' 3 5 5 . 0 ' 2 6 6 . 0 ' 9 8 . 9 ' 3 9 . 0 ' 1 2 2 . 0 ' 8 3 . 3 ' 1 5 . 0 ' 1 9 5 . 7 ' 2 1 9 . 1 ' 1 6 5 . 0 ' 6 0 . 0 ' 1 9 5 . 7 ' 1 2 7 . 4 ' 1 7 5 . 0 ' 2 0 . 1 ' 3 4 5 . 2 ' 7 . 6 ' 1 7 2 . 1 ' 1 7 . 8 ' 2 7 7 . 5 ' 3 6 7 . 8 ' 1 0 0 . 0 ' 6 0 . 0 ' 1 0 0 . 0 ' 6 0 . 0 ' 1 0 0 . 0 ' 2 5 . 3 ' 1 6 . 8 ' 2 7 . 9 ' 8 1 . 0 ' 7 4 . 0 ' 3 8 . 0 ' 1 7 . 5 ' 3 0 . 8 ' 5 6 . 0 ' 6 3 . 1 ' 8 1 . 0 ' 8 4 . 0 ' 7 5 . 1 ' 6 9 . 4 ' 1 9 . 3 ' 7 5 . 1 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 1 . 0 ' 1 7 8 . 0 ' 7 2 . 1 ' 1 6 5 . 6 ' 2 ' 2 1 . 6 9 . 1 ' 7 . 5 ' 8 4 . 0 ' 4 5 . 0 ' 2 3 . 6 ' 8 5 . 0 ' 6 0 . 0 ' 1 0 0 . 0 ' 2 4 . 0 '2 8 . 1 ' 1 6 0 . 4 ' 5 0 . 0 ' 1 4 6 . 9 ' 5 2 . 1 ' 1 4 6 . 9 ' 2 6 . 0 ' 2 4 . 0 ' 1 3 2 . 2 ' 6 0 . 5 ' 8 5 . 0 ' 2 3 . 6 ' 4 5 . 6 ' 1 0 0 . 0 ' 5 0 . 0 ' 1 0 0 . 0 ' 5 0 . 0 ' 1 0 0 . 0 ' 1 0 0 . 0 ' 5 0 . 0 ' 1 0 0 . 0 ' 5 0 . 0 ' 8 5 . 0 ' 2 3 . 6 ' 4 5 . 4 ' 1 0 0 . 0 ' 6 0 . 4 ' 1 0 2 . 1 ' 1 2 6 . 2 ' 7 6 . 4 ' 4 0 . 1 ' 1 4 8 . 0 ' 5 5 . 4 ' 9 2 . 9 ' 1 0 2 . 1 ' 1 7 . 6 ' 3 0 . 0 ' 1 1 3 . 9 ' 8 0 . 1 ' 1 4 8 . 0 ' 5 7 . 4 ' 6 0 . 7 ' 1 0 0 . 0 ' 6 0 . 7 ' 1 0 0 . 0 ' 1 0 0 . 0 ' 6 0 . 0 ' 1 0 0 . 0 ' 6 0 . 0 ' 9 2 . 7 ' 1 9 . 4 ' 4 1 . 7 ' 1 0 0 . 0 ' 8 1 . 7 ' 1 0 6 . 2 ' 1 4 . 3 ' 8 7 . 9 ' 9 6 . 5 ' 3 8 . 1 ' 5 0 . 0 ' 1 5 2 . 3 ' 5 0 . 3 ' 1 5 7 . 9 ' 1 0 0 . 0 ' 5 5 . 0 ' 1 0 0 . 0 ' 5 5 . 0 ' 5 0 . 0 ' 1 1 5 . 0 ' 4 6 . 9 ' 4 . 5 ' 1 2 5 . 3 ' 5 0 . 0 ' 1 2 5 . 3 ' 5 2 . 6 ' 1 4 1 . 6 ' 5 0 . 0 ' 1 4 1 . 6 ' 5 1 . 2 ' 1 5 2 . 3 ' 7 6 . 4 ' 1 1 4 . 7 ' 1 0 3 . 4 ' 4 0 . 0 ' 4 1 . 4 ' 1 0 3 . 4 ' 7 1 . 2 ' 1 6 . 2 '8 9 . 7 ' 9 3 . 7 ' 2 0 . 0 ' 2 0 . 9 ' 2 8 . 4 ' 9 3 . 7 ' 7 0 . 9 ' 1 0 6 . 6 ' 7 . 7 ' 5 0 . 4 ' 1 0 6 . 6 ' 1 3 . 9 ' 5 4 . 1 ' 1 0 0 . 1 ' 4 3 . 2 ' 1 0 0 . 1 ' 9 9 . 8 ' 7 . 3 ' 1 2 2 . 0 ' 9 1 . 3 ' 4 5 . 4 ' 1 2 2 . 0 ' 6 0 . 5 ' 2 1 . 7 ' 1 7 . 1 ' 3 8 . 5 ' 3 2 . 9 ' 8 5 . 3 ' 4 5 . 5 ' 1 5 . 5 ' 9 1 . 3 ' 1 3 1 . 3 ' 8 . 9 ' 2 7 . 8 ' 8 4 . 1 ' 8 5 . 3 ' 6 6 . 8 ' 1 1 3 . 9 ' 3 4 . 9 ' 4 1 . 9 ' 5 9 . 9 ' 3 0 . 0 ' 2 9 0 . 6 ' 5 2 . 3 ' 1 7 . 9 ' 2 0 7 . 4 ' 2 5 . 0 ' 1 0 3 . 7 ' 3 1 8 . 4 ' 2 0 . 4 ' 4 7 . 8 ' 5 . 0 ' 1 6 8 . 0 ' 5 . 0 ' 1 9 1 . 2 ' 6 0 . 0 ' 7 3 . 2 ' 6 8 . 3 '7 7 . 6 '5 . 2 '1 9 . 5 ' 1 2 4 . 0 ' 5 8 7 . 5 ' 3 4 9 . 6 ' 2 5 . 0 ' 2 7 8 . 9 ' 9 4 . 8 ' 3 4 9 . 6 ' 1 1 9 . 7 ' 5 8 . 3 ' 1 6 3 . 8 ' 1 8 7 . 2 '4 5 . 7 '2 5 . 0 ' 1 0 3 . 7 ' 1 3 2 . 8 ' 3 1 2 . 2 ' 2 7 2 . 9 ' 2 7 8 . 9 ' 3 2 2 . 5 ' 1 0 0 . 0 ' 3 2 2 . 5 ' 1 0 0 . 0 ' 1 0 6 . 5 ' 6 2 . 5 ' 4 0 . 1 ' 8 4 . 0 ' 4 1 . 5 ' 8 4 . 0 ' 4 6 . 6 ' 1 4 . 8 ' 1 1 . 7 ' 8 4 . 0 ' 1 0 9 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 7 5 . 0 ' 8 4 . 0 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 2 6 2 . 6 ' 2 0 . 3 ' 2 3 6 . 4 ' 1 7 5 . 1 ' 1 6 7 . 3 ' 1 6 9 . 0 ' 2 0 4 . 2 ' 1 2 8 . 1 ' 1 0 5 2 . 7 ' 5 8 7 . 5 ' 9 4 . 8 ' 3 0 . 0 ' 2 8 . 0 ' 7 0 9 . 7 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 5 1 3 . 2 ' 2 8 0 . 0 ' 7 1 . 0 ' 1 6 5 . 6 ' 6 7 . 9 ' 2 4 5 . 9 ' 3 5 2 . 3 ' 4 1 . 2 ' 6 0 3 . 5 ' 3 0 1 . 2 ' 5 9 3 . 0 ' 2 8 . 4 ' 1 9 3 . 2 ' 5 2 . 3 ' 2 6 . 8 ' 3 5 . 2 ' 2 7 . 3 ' 6 1 . 6 ' 1 4 . 8 ' 1 8 7 . 5 ' 6 . 3 ' 2 4 8 . 8 ' 2 3 6 . 4 ' 1 3 9 . 0 ' 1 8 . 7 ' 1 3 9 . 8 ' 1 6 2 . 5 ' 2 0 7 . 7 ' 1 6 8 . 3 ' 2 7 9 . 4 ' 2 4 0 . 6 ' 7 2 . 8 ' 4 6 . 7 ' 1 2 3 . 8 ' 1 7 6 . 0 ' 1 2 5 . 7 ' 2 1 8 . 1 ' 2 5 6 . 0 ' 1 3 8 . 1 ' 2 6 5 . 3 ' 2 1 9 . 1 ' 1 9 5 . 7 ' ' 5 . 1 08 3 . 3 ' 1 6 5 . 0 ' 1 7 9 . 8 ' 2 5 . 4 ' 6 0 . 0 ' 1 6 5 . 0 ' 1 4 8 . 0 ' 2 7 6 . 4 ' 1 2 7 . 4 ' 1 7 5 . 0 ' 2 0 . 1 ' 4 1 8 . 5 ' 2 0 . 0 ' 4 5 2 . 1 ' 4 2 0 . 5 ' 3 4 5 . 2 ' 7 . 6 ' 2 4 1 . 3 ' 3 9 3 . 7 ' 2 3 0 . 0 ' 4 7 . 1 ' 1 2 9 . 2 ' 2 5 . 1 ' 8 4 . 3 ' 1 8 . 7 ' 1 3 9 . 0 ' 2 0 6 . 3 ' 6 6 5 . 7 ' 2 0 5 . 8 ' 4 4 . 8 ' 6 9 . 0 ' 1 5 3 . 7 ' 2 0 5 . 1 ' 2 3 0 . 7 ' 3 6 7 . 4 ' 2 9 3 . 4 ' 3 4 8 . 4 ' 1 8 2 . 3 ' 1 7 9 . 8 ' 2 5 . 4 ' 1 9 5 . 7 ' 1 3 6 . 9 ' 1 9 0 . 7 ' 2 0 5 . 8 ' 4 4 . 8 ' 6 9 . 0 ' 1 5 3 . 7 ' 3 1 2 . 7 ' 3 4 1 . 8 ' 2 2 9 . 3 ' 3 5 . 4 ' 1 4 7 . 8 ' 4 . 9 ' 3 9 6 . 4 ' 3 0 . 1 ' 3 5 8 . 7 ' 5 9 . 7 ' 1 1 5 . 1 ' 4 3 7 . 7 ' 1 4 9 . 5 ' 1 5 9 . 5 ' 5 7 . 6 ' 1 5 3 . 2 ' 2 8 1 . 9 ' 1 . 9 ' 8 9 . 8 ' 4 8 . 4 ' 3 9 . 5 ' 1 6 . 4 ' 3 8 6 . 6 ' 1 6 7 . 3 ' 5 6 . 5 ' 1 4 8 . 0 ' . 3 ' . 5 ' 1 1 . 0 ' 1 2 3 . 2 ' 1 2 9 . 3 ' 2 7 7 . 5 ' 3 6 7 . 8 ' 1 7 1 . 5 ' 1 1 5 . 1 ' 5 9 . 7 ' 3 8 6 . 6 ' 1 6 9 . 1 ' 3 6 8 . 1 ' 2 3 8 . 2 ' 1 0 1 . 5 ' 1 1 . 0 ' 1 2 3 . 2 ' 1 2 9 . 3 ' 9 8 . 9 ' 1 3 1 . 7 ' 1 4 8 . 0 ' 5 6 . 5 ' 4 3 . 4 ' 2 5 . 9 ' 7 8 9 . 6 ' 5 1 5 . 9 ' 2 0 3 . 6 ' 1 1 2 . 1 ' 1 7 9 . 9 ' 1 4 1 . 7 ' 4 4 1 . 4 ' 3 9 8 . 0 ' 3 2 . 7 ' 5 3 8 . 4 ' 3 7 5 . 0 ' 4 0 0 . 0 ' 5 2 6 . 8 ' 1 2 9 . 0 ' 2 0 6 . 0 ' 6 2 6 . 2 ' 1 6 8 . 2 ' 2 0 1 . 2 ' . 2 ' 3 3 . 2 ' 2 6 5 . 6 ' 1 7 5 . 1 ' 2 4 8 . 8 ' 2 4 . 4 ' 7 6 . 5 ' 1 5 3 . 7 ' 7 7 . 6 '6 8 . 3 '3 . 0 ' 1 0 8 . 7 ' 2 6 1 . 9 ' 1 6 0 . 1 ' 1 7 . 0 ' 2 5 3 . 2 ' 2 0 6 . 0 ' 5 . 0 ' 2 2 6 . 0 ' 3 1 . 4 ' 1 9 1 . 0 ' 2 0 0 . 0 ' 1 2 9 . 0 ' 2 4 6 . 0 ' 2 0 0 . 0 ' 3 7 5 . 0 ' 2 0 0 . 0 ' 3 7 5 . 0 ' 2 0 0 . 0 ' 6 6 . 5 ' 5 7 2 . 4 ' 1 2 8 . 1 ' 1 0 5 2 . 7 ' 1 5 0 . 6 ' 3 7 7 . 7 ' 6 9 3 . 0 ' 3 0 3 . 6 ' 3 3 0 . 0 ' 1 1 7 . 5 ' 1 9 8 . 0 ' 4 7 5 . 0 ' 2 9 0 . 4 ' 2 7 3 . 9 ' 1 1 8 . 8 ' 2 1 1 . 9 ' 1 7 8 . 2 ' 1 0 5 . 7 ' 1 0 2 . 1 ' 6 2 1 . 5 ' 1 8 8 . 6 ' 1 5 9 . 5 ' 5 7 . 6 ' 1 5 3 . 2 ' 2 8 1 . 9 ' 4 3 8 . 6 ' 7 1 . 9 ' 2 3 8 . 2 ' 1 0 1 . 5 ' . 5 ' . 3 ' 1 3 1 . 7 ' 2 0 9 . 3 ' 1 4 7 . 8 ' 3 5 . 4 ' 1 6 2 . 5 ' 2 0 7 . 7 ' 2 0 4 . 1 ' 8 9 . 1 ' 2 7 9 . 8 ' 4 7 . 1 ' 1 2 9 . 2 ' 2 5 . 1 ' 3 9 3 . 7 ' 2 5 1 . 5 ' 4 2 . 8 ' 3 . 5 ' 1 7 . 8 ' 1 7 2 . 1 ' 5 8 9 . 5 ' 1 8 0 . 0 ' OREG O N E X P R E S S W A Y AS T B A Y S H O R E R O A D E EMBA R C A D E R O R O A D FA B E R P L A C E EMBA R C A D E R O R O A D OREGON E X P R E S S W A Y WEST BAY S H O R E R O A D SI E R R A C O U R T CH A B O T T E R R A C E WE S T B A Y S H O R E R O A D BA Y S H O R E F R E E W A Y EAST BAYSHORE ROAD BA Y S H O R E F R E E W A Y EMBARCADERO RO A D EA S T B A Y S H O R E R O A D WATSON COUR T GE N G R O A D OREG O N A V E N U E BA Y S H O R E F R E E W A Y BA Y S H O R E F R E E W A Y B A Y S H O R E F R E E W A Y BA Y S H O R E F R E E W A Y B A Y S H O R E F R E E W A Y B A Y S H O R E F R E E W A Y B A Y S H O R E F R E E W A Y O'BRINE LA N E ST FRANCIS D R I V E WEST BAYSHORE ROAD ROLM(E)(D)(AD) ROLM(E)(D)(AD)ROLM(E)(D)(AD) RM-15 PC- 1752 PC-2962 PF(D) ROLM (E)(D)(AD) ROLM (E)(D)(AD) PC-4847 CS(D) P C - 4 8 4 6 ROW BaylandsAthletic Center E m i l y R e n z e l W e t l a n d s Tom CaseyField This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Zone Districts Assessment Parcel abc Zone District Labels Project Site 0'347' 1700 & 1730 Embarcadero Road18PLN-00186 CITY O F PALO A L TO IN C O R P O RAT E D C ALIFOR N I A P a l o A l t oT h e C i t y o f A P RIL 1 6 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto sahsing, 2018-08-28 14:43:26 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 3.a Packet Pg. 86 CS (D) PC-4846 Page 1 of 24 ACTION NO. 2019-____ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 1700 AND 1730 EMBARCADERO ROAD: ZONING AMENDMENT, SITE AND DESIGN REVIEW, DESIGN ENHANCEMENT EXCEPTION, AND MITIGATED NEGATIVE DECLARATION (18PLN-00186) On ____________, 2019, the City Council of the City of Palo Alto approved the Zoning Amendment to change the zoning of the site from Service Commercial with Site and Design Review combining district [CS(D)] and Planned Community (PC) to Service Commercial with Site and Design and Automobile Dealership Combining Districts]; and Site and Design Review [CS(D)(AD)] and 2) Site and Design Review and a Design Enhancement Exception to allow the demolition of an existing 18,000 square foot vacant restaurant building and a 15,700 square foot Audi service building and the construction of a two-Story 84,900 square foot automobile dealership that combines two brands (Mercedes/Audi). In approving the application, the Council make the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. Lyle Hutson on behalf of Holman Automotive Group, Inc, property owner, has requested the City’s approval of a development project that includes the zone change for 1700 & 1730 Embarcadero from CS (D) & PC to CS(D)(AD); Site and Design Review, Architectural Review and Design Enhancement Exception to allow for the demolition of existing structures and the construction of a two-story automobile dealership with two separate brands (“The Project”). B. The project site includes two parcels (APN 008-03-084 [2.54 acres] & APN 008-03-066 [2.28 acres]) of 4.82 acres in size. The site is currently developed with an existing single-story 17,942 square foot vacant restaurant and a 22,429 square foot automobile dealership. The site contains and is accessible to existing utilities. The site includes an 80-foot utility easement along East Bayshore Road. The site is designated on the Comprehensive Plan land use map as Service Commercial and is located within the Service Commercial (CS) zoning district and Planned Community (PC) zoning district. The project includes the demolition of existing on-site structures with the exception of the Audi Showroom building and the construction of a new two-story automobile dealership with service facilities, structured parking and a detached car wash building. C. The Planning and Transportation Commission (Commission) reviewed and recommended approval of the Project on ________. The Commission’s recommendations are contained in CMR#9892 and the attachments to it. Page 2 of 24 The Architectural Review Board (ARB) reviewed and recommended approval of the Project on April 4, 2019. D. On DATE, the City Council held a duly noticed public hearing, at which evidence was presented and all person were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the 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) under Guideline section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration. An Initial Study/Mitigated Negative Declaration was prepared in January 2019 for the project and identified potential significant impacts with the implementation of the project. Those impacts can be reduced to a level of less than significant with the incorporation of mitigation measures. On the basis of the whole record before it, that there is no substantial evidence that the project will have significant effect on the environment and that the mitigated negative declaration reflects the lead agency’s independent judgment and analysis. The City of Palo Alto Planning & Community Environment Department is the custodian of these documents. The Negative Declaration was made available for public review beginning March 15, 2019 through April 22, 2019. The City Council hereby approves the Mitigated Negative Declaration and incorporates the Mitigation and Monitoring Report attached as Exhibit A into the Record of Land Use. SECTION 3. Zoning Amendment Findings 1. If, from the facts presented at the public hearing, including public testimony and reports and recommendations from the director of planning and community environment or other appropriate city staff, the commission finds that a change of district boundaries would be in accord with the purposes of this title and in accord with the Palo Alto Comprehensive Plan, the commission may recommend such change as it deems appropriate to the council. The change in the zoning would allow for consistency between the two parcels of the project. The addition of the combining district to the Mercedes Benz project parcel would allow for the establishment of the use. The change in the zoning for the Audi site would maintain the use of the property and allow for future modifications to the site to occur without going through a legislative process. SECTION 4. Site and Design Review Findings. Site and Design Approval is granted by the City Council under Palo Alto Municipal Code Section 18.82.070 for application 18PLN-00186, effective [DATE] and subject to the conditions of approval in Section 5 of this Record.: 1. To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. The project includes sufficient façade articulation and material changes along Embarcadero Road and Bayshore Road. A variety of glass, metal, stucco materials with earth tone and darker colors to a limited extent will make the building complement the surrounding. As conditioned, the project will provide additional variation along the south facing elevations. As conditioned, the project will include a logistics plan to coordinate construction activity and limit disruptions to neighboring properties. Page 3 of 24 Currently two automobile dealerships operate in the area including one that is a part of this project. The surrounding parcels are zoned with the Automobile Dealership combining district that would anticipate additional automobile dealerships in the future. The project is designed to have all of the deliveries and parking occur onsite so that no spillover of activity to the streets or neighboring properties is anticipated. As conditioned, the lighting of the project will not spillover to adjoining areas. 2. To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas. The project proposes a business that is allowed in the zoning district and is an established business type in the area. The design of the project complements the other surrounding buildings and does not detract from the use of the Baylands recreational area. A component of the project includes the construction of a bicycle path that would provide a safe connection between the existing bicycle lanes and the Bay Trail. 3. To ensure that sound principles of environmental design and ecological balance shall be observed. The project is consistent with the Baylands design guidelines. Lighting is designed and conditioned to not shine onto the adjacent properties. Windows are designed to avoid bird-strikes. The project will implement green building measures as required by the Palo Alto Municipal Code. 4. To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. The project is consistent with the following Comprehensive Plan Goals and Policies: Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast of the Bayshore Freeway. Non-residential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations. 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-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. Policy L-5.2 Provide landscaping, trees, sidewalks, pedestrian path and connections to the citywide bikeway system within Employment Districts. Pursue opportunities to include sidewalks, paths, low water use landscaping, recycled water and trees and remove grass turf in renovation and expansion projects. Page 4 of 24 Policy L-5.3 Design paths and sidewalks to be attractive and comfortable and consistent with the character of the area where they are located. Policy L-5.4 Maintain the East Bayshore and San Antonio Road/Bayshore Corridor areas as diverse business and light industrial districts. Policy L-6.1 Promote high-quality design and site planning that is compatible with surrounding development and public spaces. Policy L-6.3 Encourage bird-friendly design. Policy L-6.6 Design buildings to complement streets and public spaces; to promote personal safety, public health and wellbeing; and to enhance a sense of community safety. 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 T-1.17 Require new office, commercial and multi-family residential developments to provide improvements that improve bicycle and pedestrian connectivity as called for in the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan.] 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 SECTION 5. Conditions of approval PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "Mercedes Benz / Audi of Palo Alto, 1730 Embarcadero Road,” stamped as received by the City on December 12, 2018 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. All Department conditions of approval for the project shall be printed on the plans submitted for building permit. 4. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. Page 5 of 24 5. PROJECT EXPIRATION. The project approval shall automatically expire after two years from the original date of approval, if within such two year period, the proposed use of the site or the construction of buildings has not commenced pursuant to and in accordance with the provisions of the permit or approval. Application for a one year extension of this entitlement may be made prior to the expiration. (PAMC 18.77.090(a)). 6. LIGHTING. The owner or designee shall ensure that light does not spill over the property lines from the project. Lighting levels shall be reduced during the nighttime period to security levels (between 10pm and dawn). 7. REAR ELEVATIONS: The owner or designee shall provide revised architectural treatment for the rear of the buildings to add more variety in materials and articulation. 8. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. 9. DEVELOPMENT IMPACT FEES: Development Impact Fees, currently estimated in the amount of $2,701,625 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit. 10. 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 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. 11. MITIGATION MONITORING AND REPORTING PROGRAM. The Mitigation Monitoring and Reporting Program (MMRP) associated with the project and attached here as Exhibit 1 is incorporated by reference and all mitigation measures shall be implemented as described in said document. Prior to requesting issuance of any related demolition and/or construction permits, the applicant shall meet with the Project Planner to review and ensure compliance with the MMRP, subject to the satisfaction of the Director of Planning of Planning and Community Environment. Page 6 of 24 12. FINAL INSPECTION: A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Sheldon S. Ah Sing at sahsing@m-group.us to schedule this inspection. Building Department 13. Provide an exiting analysis for the second and third/ roof-top floors of the proposed automotive dealership building. Sheets ZA020 – ZA025 were not received in the resubmittal package. • It appears that two (2) exit stair enclosures are provided on the 2nd & 1st floor plans. One of the exit enclosures terminates to the interior of the building. Please clarify how this interior exit stairway will comply with CBC 1028.1 for Exit Discharge. Sheet ZA102 and ZA502 still shows one of the interior stair enclosures opening into the Shop are on the first floor. • If more than one exit is required from the 2nd and 3rd floor, each accessible portion of the space shall be served by the same number of accessible means of egress. Show the locations of the accessible means of egress on the 2nd and 3rd floors. 14. Show the locations of the accessible parking for the employee and customer parking. Sheet ZA003 shows the location of the accessible parking, but sheets ZA105 and ZA106 does not. 15. For new Non-Residential construction of any size, CALGreen Mandatory + Tier 2 requirements are required per PAMC16.14.430, Section A5.106.5.3.3. The following standards apply: • In general. The property owner shall provide Conduit Only, EVSE-Ready Outlet, or EVSE Installed for at least 25% of parking spaces, among which at least 5% (and no fewer than one) shall be EVSE Installed. Please indicate on the plans the location of the EVSE- Ready and EVSE Installed spaces. Sheet ZA100 shows that 269 parking spaces are required. The required installed EVSE parking is 269 x 5% = 13 spaces and the required EVSE ready parking should be 269 x 20% = 54 spaces. Please revise sheet ZA100 for compliance. • Accessible spaces. Projects shall comply with the 2016 California Building Code requirements for accessible electric vehicle parking. Please show the location of the EVSE accessible spaces. (CBC 11B-228.3, 11B-812) Base on CBC Table 11B-228.3.2.1, 1 van accessible EVSE installed and 1 standard accessible EVSE installed spaces are required. Please show compliance on the plans. 16. For new Non-Residential construction of any size, CALGreen Mandatory + Tier 2 requirements are required per PAMC16.14.080. Complete a preliminary Green Building Checklist “GB-1 Non- Residential Mandatory Plus Tier 2” sheet and include this sheet with Planning Application package. The GB-1 + Tier 2 sheet can be downloaded from the City’s website address: http://www.cityofpaloalto.org/gov/depts/ds/green_building/compliance.asp On sheet ZA600 for the GB-1 sheet, check the appropriate “Y” or “N” boxes for the Mandatory items and the appropriate “Y” or “N” boxes for the electives to begin preliminary planning to address the Green Building Mandatory plus Tier 2 requirements. Page 7 of 24 Public Works Engineering Department 17. STORM WATER TREATMENT: Applicant will be required to provide an updated third-party certification for the previously permitted and C.3 regulated Audi project at 1730 Embarcadero. A stamped and signed letter confirming they reviewed these plans and find the existing project to still be in compliance with MRP 2.0 Provision C.3 and PAMC 16.11 shall be provided prior to this project’s Building permit and/or Grading Permit issuance. 18. Applicant will be required to provide approval from PG&E for all work proposed within their easements prior to Grading & Excavation Permit issuance or Building Permit issuance. 19. Applicant proposes to relocate the existing storm main running through these properties into the public right of way. This proposal in concept is acceptable to the City but the technical design review will be done through the Street Work Permit process and it is ultimately up to the applicant to verify that this could work. That includes verifying that there are no utility conflicts, make sure that storm drain line would be the same size, at a minimum, flow by gravity and be clear through PGE’s easement. This shall be built by the developer and phased construction so that a storm drain line is always available for flow. This shall be completed to the satisfaction of the Public Works Engineering Department. 20. Applicant will be required to abandon any existing easement where new structure(s) or improvements are proposed and record new easements as requested by the City, and obtain an encroachment permit for all proposed improvements within existing and to remain public utility easements prior to Grading & Excavation Permit issuance or Building Permit issuance. 21. The project currently shows both parcels separate. In doing so this does not allow any cross lot drainage. If cross lot drainage or cross lot use of C.3 stormwater treatment devices is proposed at the building permit stage, subsequent requirements will be required prior to Grading & Excavation Permit issuance or Building Permit issuance. 22. A private access easement will need to be recorded against both properties prior to Grading & Excavation Permit issuance or Building Permit issuance to allow access between two parcels. 23. GRADING & EXCAVATION PERMIT: An application for a grading & excavation permit must be submitted to Public Works when applying for a building permit. The application and guidelines are available at the Development Center and on our website. 24. STORM WATER POLLUTION PREVENTION: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet must be included in the plan set. The sheet is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/2732 25. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site specific storm water pollution prevention plan (SWPPP) that addresses both construction-stage and postconstruction BMP’s for storm water quality protection. The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval Page 8 of 24 prior to issuance of the building permit. Also, include the City's standard "Pollution Prevention - It's Part of the Plan" sheet in the building permit plan set. Copies are available from Public Works at the Development Center. 26. STREET TREES: Show all existing street trees in the public right-of-way. Any removal, relocation or planting of street trees; or excavation, trenching or pavement within 10 feet of street trees must be approved by Public Works' arborist (phone: 650-496-5953). This approval shall appear on the plans. Show construction protection of the trees per City requirements. 27. WORK IN THE RIGHT-OF-WAY: The plans must clearly indicate any work that is proposed in the public right-of-way, such as sidewalk replacement, driveway approach, or utility laterals. The plans must include notes that the work must be done per City standards and that the contractor performing this work must first obtain a Street Work Permit from Public Works at the Development Center. If a new driveway is in a different location than the existing driveway, then the sidewalk associated with the new driveway must be replaced with a thickened (6” thick instead of the standard 4” thick) section. Additionally, curb cuts and driveway approaches for abandoned driveways must be replaced with new curb, gutter and planter strip. 28. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. 29. At the time of Excavation and Grading Permit submittal: Applicant shall submit the final C.3 certification including a stamped and signed letter from the third party reviewer confirming which documents they reviewed and that the proposed C.3 design is in compliance with MRP 2.0 Provision C.3 and PAMC 16.11 and this C.3 Data Form (http://www.scvurpppw2k.com/pdfs/1112/SCVURPPP_C.3_Data_Form_final_2012.pdf) completely filled out and stamped and signed as approved by the qualified third party reviewer. Applicants will not be allowed to submit for an excavation and grading permit unless those required C.3 certification items are included in the submittal package. 30. STORMWATER MAINTENANCE AGREEMENT: The applicant shall designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance measures. The maintenance agreement shall be executed prior to issuance of the building or grading permit. The City will inspect the treatment measures yearly and charge an inspection fee. 31. LOGISTICS PLAN: The contractor must submit a logistics plan to the Public Works Department at time of Grading and Building permit issuance that addresses all impacts to the City’s right-ofway, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact, noticing of affected businesses, and schedule of work. Page 9 of 24 32. SIDEWALK, CURB & GUTTER: As part of this project, the applicant must all of the existing sidewalks, curbs, gutters or driveway approaches in the public right-of-way along the frontage(s) of the property. The site plan submitted with the building permit plan set must show the extent of the replacement work. The plan must note that any work in the right-of-way must be done per Public Works’ standards by a licensed contractor who must first obtain a Street Work Permit from Public Works at the Development Center. 33. SUBSTANTIAL IMPROVEMENT: The existing structure is located within a Special Flood Hazard Area. If the construction cost of the improvements (remodeling and/or addition) is greater than 50% of the existing value of the structure, then the improvements will be classified as a “substantial improvement” and the existing structure and all new construction will be required to meet the City’s Flood Hazard Regulations. In particular, the finished first floor must be at or above the base flood elevation (BFE). If the project is a “substantial improvement”, then upon submittal for a building permit, the applicant must provide a copy of the FEMA Elevation Certificate showing that the existing finished first floor is at or above the BFE or, if the floor is below the BFE, the plans must show the floor being raised. The plans must include: • The Elevation Certification Submittal Requirements for Construction in the Special Flood Hazard Area form • The BFE on sections, elevations and details • Flood vents, if there is a crawl space • A table calculating the flood vents required and provided • If the crawl space is subgrade, meaning that the bottom of the crawl space is below the adjacent exterior grade on all four sides of the house, then it must be filled in until it is either no longer subgrade or until it is 18” from the floor framing (to meet the minimum CBC requirement) • If the crawl space is still subgrade after filling, then include a sump, pump and outlet pipe to pump flood waters out • The garage slab can be below the BFE, but the garage will then need to be flood vented separately from the house • Notes that all materials and equipment below the BFE are water-resistant Public Works will prepare a flood zone screening form, including a “substantial improvement” screening form, at the Development Center when plans are submitted for a building permit. In order to determine if your project is a “substantial improvement” prior to submitting for a building permit, you can have a preliminary screening performed by Public Works’ staff at the Development Center. 34. FLOOD ZONE: The proposed improvements are located within a Special Flood Hazard Area. Accordingly, the proposed construction must meet all of the City’s and Federal Emergency Management Agency’s (FEMA) requirements for construction within a flood zone, such as: the finished bottom floor must be at or above the base flood elevation (BFE); the crawl space (if used) must have flood vents; and all construction materials and equipment below the BFE must be water-resistant. Garage slabs can be below the BFE, but the garage will then need flood vents. See Palo Alto Municipal Code Section 16.52, Flood Hazard Regulations, and our website for more information. The plans must show the BFE on all applicable elevations, sections and details; must include a calculation of the required amount of flood vents; must include the flood Page 10 of 24 vents on the elevations and foundation plan; must note all materials below the BFE as waterresistant; and must include the Elevation Certification Submittal Requirements for Construction in the Special Flood Hazard Area form, which is available from Public Works at the Development Center or on our website. Please note that FEMA recently (May 2009) changed the vertical datum of the flood zones. You must use the new vertical datum (NAVD88) on plans submitted for a building permit. 35. Per applicant’s meeting with the City’s Floodplain Administrator, the following flood zone requirements must be shown on Building permit plans: a. The carwash can be below the BFE with appropriate venting but the mechanical area and/or room in the car wash must be elevated above the BFE. b. Any other building structures onsite including the mechanized parking garage must be elevated above the BFE and must follow all other FEMA requirements for structures in a SFHA such as no electrical or mechanical equipment below the BFE. The ramp to the garage can be at the BFE but at a distance of 28.5’ away from the building. c. The elevator shaft can be below the BFE if it is floodproofed. A flood proofing certificate needs to be submitted for the elevator shaft that is inside the building that is going to be below the BFE. 36. The applicant will be required to resurface the full width (curb to curb) of all adjacent streets along the project frontages. 37. Based on the City’s GIS there may be plume monitoring wells within the project site. Typically these wells are maintained by Santa Clara Valley Water District (SCVWD). The proposed work shall not destroy any of the monitoring well or affect the function and use of these. Contact SCVWD to verify the well location. Plot and label them on the plans and provide notes to protect wells as required by the district. 38. As one of the stormwater treatment devices (SCM-5) proposed for C.3 compliance showed 12” of ponding depth, applicant will need to select plants that can withstand that 12” of ponding. Appendix D of the C.3 Handbook has a list of recommended plants and notes as to whether they can tolerate wet roots or standing water. Public Art 39. If the applicant chooses to pay to the public art fund in–lieu of commissioning art on site, the funds must be received prior to the issuance of a building permit. Water Quality The owner or designee shall address the following prior to building permit issuance. 40. Stormwater treatment measures • Clear, detailed maintenance agreement shall be drafted and approved before occupancy approval. • Installation vendor specs should be followed and provided to city staff. Add this bullet as a note to the building plans. • Shall meet all Bay Regional Municipal Regional Stormwater Permit requirements. • Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook (download here: http://scvurppp-w2k.com/c3_handbook.shtml) for details. Page 11 of 24 • Staff from Stormwater Program (Watershed Protection Division) may be present during installation of stormwater treatment measures. Contact Pam Boyle Rodriguez, Stormwater Program Manager, at (650) 329-2421 before installation. Add this bullet as a note to building plans on Stormwater Treatment (C.3) Plan. 41. Bay-friendly Guidelines (rescapeca.org) • Do not use chemicals fertilizers, pesticides, herbicides or commercial soil amendment. Use Organic Materials Review Institute (OMRI) materials and compost. Refer to the Bay-Friendly Landscape Guidelines: http://www.stopwaste.org/resource/brochures/bay-friendly-landscape-guidelines- sustainable-practices-landscape-professional for guidance. Add this bullet as a note to the building plans. • Avoid compacting soil in areas that will be unpaved. Add this bullet as a note to the building plans. 42. Stormwater quality protection • Trash and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. • Drain downspouts to landscaping (outward from building as needed). • Drain HVAC fluids from roofs and other areas to landscaping. Recycling 43. Recommended refuse service level for this project is as follows: Trash one x 6 cubic yard bin picked up 1 time per week. Recycling one x 6 cubic yard bin picked up 5 times per week. Compost one x 1 cubic yard bin picked up 1 time per week. The site is required to have a trash enclosure. Please refer to trash enclosure guidelines and dimensions (refer to attached documents). a. Trash enclosure must be covered. b. Collection vehicle access (vertical clearance, street width and turnaround space) and street parking are common issues pertaining to new developments. Adequate space must be provided for vehicle access. c. Weight limit for all drivable areas to be accessed by the solid waste vehicles (roads, driveways, pads) must be rated to 60,000 lbs. This includes areas where permeable pavement is used. d. Carts and bins must be able to roll without obstacles or curbs to reach service areas "no jumping curbs" e. Containers must be within 25 feet of service area or charges will apply. f. All service areas must have a clearance height of 20’ for bin service. g. New enclosures should consider rubber bumpers to reduce wear-and-tear on walls. h. All solid waste bins (dumpsters) must be located in a trash enclosure. i. A trash enclosure must be included in the plans. j. Service must be provided for garbage, recycling, and compost. k. All service areas must have a clearance height of 20’ for bin service. Page 12 of 24 Owner/Tenant must maintain all waste containers in a clean and sanitary condition and prevent interference with pedestrian use of the area. Owner/Tenant may not allow waste to pile up around service containers and must work closely with hauler to prevent overflow. All cardboard must be broken down and placed inside the recycle container(s) with the lid(s) closed. Electrical Utilities 44. Comply with CPAU service standards for the location of the pad-mount transformer. Refer to CPAU standard drawing DT-CL-U-1031. 45. Comply with CPAU service standards for the location of the utility meter and service equipment. Refer to Section III of CPAU Service Requirements. 46. Show on the plan a public utility easement (PUE) as it will be required for the transformer and the underground electrical duct bank. 47. Show bollard protection for the pad-mount transformer. 48. Contractor shall obtain permit from the Department of Public Works before digging in the street right-of-way. 49. At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert (USA) at 1-800-227-2600 to have existing underground utilities located and marked. The areas to be checked for underground facility marking shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction is complete. 50. The customer is responsible for installing all substructures (conduits, boxes, and pads) required for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All conduits must be sized according to California Electric Code requirements and no ½” size conduits are permitted. All off-site substructure work will be constructed and no ½” size conduits are permitted. 51. All primary electric conduits shall be concrete encased with the top of the encasement at the depth of 30”. Install a pull box when a conduit run exceeds 500 feet in length or has a total of 180 degree bends. 52. All new underground conduits and substructures shall be installed per City standards and shall be inspected by CPAU underground inspector prior to backfilling. 53. For services larger than 1600 amps, a transitional cabinet as the interconnection point between the utility’s pad-mount transformer and the customer’s main switchgear may be required. Refer to CPAU standard drawing SR-XF-E-1020. The cabinet design drawings must be submitted to the Electric Utility Engineering Division for review and approval. 54. For underground services, no more than four (4) 750 MCM conductors per phase can be Page 13 of 24 connected to the transformer secondary terminals; otherwise, bus duct or x-flex cable must be used for connections to pad-mount transformers. If customer installs a bus duct directly between the transformer secondary terminals and the main switchgear, the installation of a transition cabinet will not be required. 55. The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meet the California Electric Code and the City Standards. 56. Meter and switchboard requirements shall be in accordance with Electric Utility Service Equipment Requirements Committee (EUSERC) drawings accepted by Utility and CPA standards for meter installations. 57. Shop/factory drawings for switchboards (400A and greater) and associated hardware must be submitted for review and approval prior to installing. 58. For 400A switchboards only, catalog cut sheets may be substituted in place of factory drawings. 59. All new underground electric services shall be inspected and approved by both the Building Inspection Division and the Electrical Underground Inspector before energizing 60. The customer shall provide as-built drawings showing the location of all switchboards, conduits (number and size), conductors (number and size), splice boxes, vaults and switch/transformer pads. 61. The follow must be completed before Utilities will make the connection to the utility system and energize the service: • All fees must be paid. • All required inspections have been completed and approved by both the Building Inspection Division and the Electrical Underground Inspector. • All Special Facilities contracts or other agreements need to be signed by the City and applicant. • Easement documents must be completed. Utilities WGW PRIOR TO ISSUANCE OF DEMOLITION PERMIT Prior to demolition, the applicant shall submit the existing water/wastewater fixture unit loads (and building as-built plans to verify the existing loads) to determine the capacity fee credit for the existing load. If the applicant does not submit loads and plans they may not receive credit for the existing water/wastewater fixtures. 62. The applicant shall submit a request to disconnect all utility services and/or meters including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. FOR BUILDING PERMIT Page 14 of 24 63. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet per parcel/lot for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 64. The owner or designee shall address comments dated February 4, 2019 on four annotated sheets (1700 Embarcadero RR2 C04 01, RR2 C01 03, RR2 C01 02, 1700 RR2 C01 01) by the WGW Utilities Department prior to issuance of a grading permit. 65. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities especially storm drain pipes, electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the ductbank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water and gas. 66. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. 67. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc). 68. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services. 69. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA’s for domestic service shall be lead free. Show the location of the RPPA on the plans. 70. An approved reduced pressure detector assembly is required for the existing or new water connection for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive (a double detector assembly may be allowed for existing fire sprinkler systems upon the CPAU’s approval). reduced pressure detector assemblies shall be installed on the owner's property adjacent to the property line, within 5’ Page 15 of 24 of the property line. Show the location of the reduced pressure detector assembly on the plans. 71. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. 72. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 73. Each unit or place of business shall have its own water and gas meter shown on the plans. Each parcel shall have its own water service, gas service and sewer lateral connection shown on the plans. PUBLIC WORKS URBAN FORESTRY SECTION 74. NEW TREES—PERFORMANCE MEASURES. New trees shall be shown on all relevant plans: site, utility, irrigation, landscape, etc. in a location 10’ clear radius from any (new or existing) underground utility or curb cut. a. Add note on the Planting Plan that states, “Tree Planting. Prior to in-ground installation, Urban Forestry inspection/approval required for tree stock, planting conditions and irrigation adequacy. Contact (650-496-5953).” b. Landscape Plan tree planting shall state the Urban Forestry approved species, size and using Standard Planting Dwg. #604 (root channel sidewalk base) for street trees or those planted in a parking median, and shall note the tree pit dug at least twice the diameter of the root ball. Wooden cross-brace is prohibited. c. Add note on the Planting & Irrigation Plan that states, “Irrigation and tree planting in the right-of-way requires a street work permit per CPA Public Works standards.” d. Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2- inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1- inch. e. Automatic irrigation bubblers shall be provided for each tree. Standard Dwg. #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards. Bubblers mounted inside an aeration tube are prohibited. 75. All imported soils shall be tested and the results provided to the City for approval before import. Import soil shall be amended with compost per City standards in place of other soil amendments. Street trees require an automatic irrigation/bubbler system and may require tree grates. Page 16 of 24 76. As part of the project submittal, the applicant will provide a Consulting Arborist review of soil and drainage tests to recommend soil remediation and drainage improvement actions to be provided or made available thru channeling for (new and existing) trees in the public right of way areas. The City requires adequate rootable soil volume areas for healthy public trees. The volume of rootable soil to be provided per tree is based on the size of the tree at maturity: e. 400 cubic feet of rootable soil volume shall be available per small tree, f. 800 cubic feet per medium-sized tree and g. 1200 cubic feet per large-sized tree 77. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 78. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 79. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 80. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 81. BUILDING PERMIT SUBMITTAL- PROJECT ARBORIST CERTIFICATION LETTER. Prior to submittal for staff review, attach a Project Arborist Certification Letter that he/she has; (a) reviewed the entire building permit plan set submittal and, (b) verified all his/her updated TPR mitigation measures and changes are incorporated in the plan set, (c) affirm that ongoing Contractor/Project Arborist site monitoring inspections and reporting have been arranged with the contractor or owner (see Sheet T-1) and, (d) understands that design revisions (site or plan changes) within a TPZ will be routed to Project Arborist/Contractor for review prior to approval from City. 82. TREE PROTECTION VERIFICATION. Prior to any site work verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section. Page 17 of 24 The fencing shall contain required warning sign and remain in place until final inspection of the project. 83. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 84. OBLIGATION TO MONITOR AND PROTECT NEIGHBORING TREES. Project site arborist will protect and monitor neighboring trees during construction and share information with the tree owner. All work shall be done in conformance with State regulations so as to ensure the long term health of the tree. Project site arborist will request access to the tree on the neighboring property as necessary to measure an exact diameter, assess condition, and/or perform treatment. If access is not granted, monitoring and any necessary treatment will be performed from the project site. GREEN BUILDING 85. Green Building Requirements for Non-Residential Projects. For design and construction of non-residential projects, the City requires compliance with the mandatory measures of Chapter 5, in addition to use of the Voluntary Tiers. (Ord. 5220 § 1 (part), 2013). The following are required for Building Approval: 86. The project is a new nonresidential construction project greater than 1,000 square feet and therefore must comply with California Green Building Standards Code Mandatory plus Tier 2 requirements, as applicable to the scope of work. PAMC 6.14.180 (Ord. 5220 § 1 (part), 2013). The project applicant shall indicate the requirements on the Permit Plans. The submittal requirements are outlined here: www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp. 87. The project is a new building over 10,000 square feet and therefore must meet the commissioning requirements outlined in the California Energy Code section. The project team shall submit the Owner’s Project Requirements (OPR), and Basis of Design (BOD), and Commissioning Plan in accordance with 5.410.2.3. 88. The project is a nonresidential projects exceeding $100,000 valuation and therefore must acquire an Energy STAR Portfolio Manager Rating and submit the rating to the City of Palo Alto once the project has been occupied after 12 months. PAMC 16.14.250 (Ord. 5220 § 1 (part), 2013). The Energy Star Project Profile shall be submitted to the Building Department prior to permit issuance. Submittal info can be found at: https://www.cityofpaloalto.org/gov/depts/utl/business/benchmarking_your_building.asp. 89. The project is a nonresidential new construction projects with a landscape of any size included in the project scope and therefore must comply with Potable water reduction Tier 2. Documentation is required to demonstrate that the Estimated Total Water Use (ETWU) falls Page 18 of 24 within a Maximum Applied Water Allowance (MAWA) using the appropriate evapotranspiration adjustment factor (ETAF) designated by the prescribed potable water reduction tier. PAMC 16.14.220 (Ord. 5220 § 1 (part), 2013). The project applicant shall indicate the requirements on the Permit Plans. The submittal requirements are outlined on the following site: http://www.cityofpaloalto.org/gov/depts/utl/residents/resrebate/landscape.asp. 90. The project is outside the boundaries of the recycled water project area and is greater than 1,000 square feet and therefore must install recycled water infrastructure for irrigation systems. PAMC 16.14.230 (Ord. 5220 § 1 (part), 2013). The project applicant shall indicate the requirements on the Permit Plans. 91. The project is either new construction or a rehabilitated landscape and is greater than 1,000 square feet and therefore must install a dedicated irrigation meter related to the recycled water infrastructure. PAMC 16.14.230 (Ord. 5220 § 1 (part), 2013). The project applicant shall indicate the requirements on the Permit Plans. 92. The project includes a new or altered irrigation system and therefore must be designed and installed to prevent water waste due to overspray, low head drainage, or other conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. PA 16.14.300 (Ord. 5220 § 1 (part), 2013). 93. The project includes a new or altered irrigation system and therefore the irrigation must be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA) as calculated per the potable water use reduction tier. PAMC 16.14.310 (Ord. 5220 § 1 (part), 2013). ). The project applicant shall indicate the requirements on the Permit Plans. 94. The project is a nonresidential new construction project and has a value exceeding $25,000 and therefore must meet Enhanced Construction Waste Reduction Tier 2. PAMC 16.14.240 (Ord. 5220 § 1 (part), 2013). The project shall use the Green Halo System to document the requirements. 95. The project includes non-residential demolition and therefore must meet the Enhanced Construction Waste Reduction - Tier 2. PAMC 16.14.270 (Ord. 5220 § 1 (part), 2013). The project shall use the Green Halo System to document the requirements. 96. The project is a new non-residential structure and therefore must comply with the City of Palo Alto Electric Vehicle Charging Ordinance 5263. The project shall provide Conduit Only, EVSE-Ready Outlet, or EVSE Installed for at least 25% of parking spaces, among which at least 5% (and no fewer than one) shall be EVSE Installed. The requirements shall be applied separately to accessible parking spaces. See Ordinance 5263 for EVSE definitions, minimum circuit capacity, and design detail requirements. PAMC 16.14.380 (Ord. 5263 § 1 (part), 2013) See https://www.cityofpaloalto.org/civicax/filebank/documents/43818 for additional details. Page 19 of 24 The following are required at Post-Construction after 12 months of occupancy. 97. The project is a nonresidential projects exceeding $100,000 valuation and therefore must acquire an Energy STAR Portfolio Manager Rating and submit the rating to the City of Palo Alto once the project has been occupied after 12 months. PAMC 16.14.250 (Ord. 5220 § 1 (part), 2013). Submittal info can be found at: https://www.cityofpaloalto.org/gov/depts/utl/business/benchmarking_your_building.asp. SECTION 6. Term of Approval. 1. Site and Design Approval. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire and be of no further force or effect, pursuant to Palo Alto Municipal Code Section 18.82.080. 2. Design Enhancement Exceptions. The time limits for any Design Enhancement Exceptions shall be the same as the time limits for the accompanying design review approval. 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: 1. Those plans prepared by YSM Design titled “Mercedes Benz/Audi of Palo Alto”, consisting of 87 pages, dated November 8, 2018, (revised March 15, 2019), and received March 18, 2019. Page 20 of 24 EXHIBIT A: ZONING AMENDMENT Page 21 of 24 Exhibit 1 Mitigation Monitoring and Reporting Program The mitigation monitoring table lists those mitigation measures that would be included as conditions of approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation BIOLOGICAL RESOURCES BIO-1: Light Spillover Minimization On the project boundaries adjacent to the Baylands Nature Preserve, project light sources shall be shielded, directed downward, and focused on the project site, such that light spillover onto the Baylands does not exceed 1.0 foot candle. Applicant Prior to building permit CPA Planning Department BIO-2: Nesting Bird Surveys and Avoidance Construction of the project, shall be prohibited during the general avian nesting season (February 1 – August 31), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey of adjacent street trees to determine the presence/absence, location, and activity status of any active nests. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation clearance and structure demolition. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). No ground disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and February 1. Applicant or designee/Construction contractor Prior to and during construction CPA Planning Department CULTURAL RESOURCES CR-1: Resource Recovery Procedures. In the event that archaeological or paleontological resources are unearthed during project construction, all earth- Applicant or designee/Construction contractor During construction CPA Planning Department Page 22 of 24 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation disturbing work in the vicinity of the find shall be temporarily suspended or redirected until an archaeologist or paleontologist has evaluated the nature and significance of the find. If the discovery proves to be significant under CEQA, additional work such as preservation in place, archaeological data recovery, and/or paleontological salvage shall occur as required by the archeologist or paleontologist in coordination with City staff and descendants and/or stakeholder groups, as warranted. After the find has been appropriately treated, depending on the nature of the discovery, work in the area may resume. A Native American representative shall be retained to monitor mitigation work associated with Native American cultural material. CR-2: Human Remains Recovery Procedures If human remains are unearthed, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition pursuant to the Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission. Applicant or designee/Construction contractor During construction CPA Planning Department TCR-1: Unanticipated Discovery of Tribal Cultural Resources In the event that cultural resources of Native American origin are identified during construction, all earth disturbing work within the vicinity of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find and an appropriate Native American representative, based on the nature of the find, is consulted. If the City determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with Native American groups. The plan would include avoidance of the resource or, if avoidance of the resource is infeasible, the plan would outline the appropriate treatment of the resource in coordination with the archeologist and the appropriate Native American tribal representative. Applicant or designee/Construction contractor During construction CPA Planning Department GEOLOGY AND SOILS GEO-1: Geotechnical Design Considerations The recommendations included in the 2015 Geotechnical Investigation conducted by Romig Engineers, Inc. (Appendix C) related to soil engineering shall be incorporated into the proposed project grading and Applicant or designee Prior to building permit CPA Planning Department Page 23 of 24 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation building plans. The recommendations are related to:  Foundation design;  Surface improvements;  Slabs-on-grade;  Retaining walls;  Vehicle pavements; and,  Earthwork. NOISE N-1: Car Wash Noise Reduction Prior to operation of the car wash, the project applicant shall implement the following noise reduction measures to ensure car wash noise does not exceed 73 dBA at the nearest property line in order to comply with PAMC Section 9.10.040:  Housings or silencers shall be installed on the dryers/blower fans.  Noise attenuation mats shall be installed on the interior of the car wash tunnel  Dryers/blowers shall be installed as far into the tunnel as feasible. Applicant or designee Prior to building permit CPA Planning Department TRANSPORTATION/TRAFFIC TRA-1: East Bayshore Road/Embarcadero Road Intersection Improvements The applicant shall construct the following improvements prior to Certificate of Occupancy for the project: Reconfigure the northbound approach from one left-turn and one through/right-turn lane to one left- turn and one all movement lane. Improvements would include a new crosswalk on the north leg, a right-turn overlap phase (right turn arrow) for the southbound East Bayshore to westbound Embarcadero right turn, and a right-turn overlap phase for the eastbound Embarcadero to southbound East Bayshore right turn. Improvements shall occur prior to occupancy clearance. Applicant or designee Prior to occupancy clearance CPA Planning Department TRA-2: Payment of Transportation Impact Fee The applicant shall pay the Citywide Transportation Impact Fee (as updated in 2019) which will fund improvements to the East Bayshore Road/Embarcadero Road intersection to address cumulative plus project conditions impacts. The payment shall be calculated by City of Palo Alto transportation division staff and paid prior to occupancy clearance. Payment of the Transportation Impact Fee would represent the project’s fair share contribution to intersection improvements. Intersection improvements would be either widening Applicant or designee Prior to occupancy clearance CPA Planning Department Page 24 of 24 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation the intersection and maintaining signal control or building a roundabout, to be determined by the City at the time of implementation, and shall be designed to ensure the intersection operates at acceptable Level of Service levels under cumulative conditions. Not Yet Approved 1 Ordinance No. Ordinance of the Council of the City of Palo Alto Amending the Zoning Map of the City of Palo Alto for 1700 Embarcadero Road and 1730 Embarcadero Road to Change the Zoning from Commercial Service with Site and Design Review Overlay (CS(D)) and Planned Community (PC-4846) to Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. The Planning and Transportation Commission conducted a duly noticed public hearing on March 21, 2019, at which it reviewed, considered, and recommended Palo Alto Municipal Code (PAMC) Section 18.08.040 (the Zoning Map) be amended: (1) to rezone that certain real property commonly known as 1700 Embarcadero Road, more particularly described in Exhibit 1, to change the zoning from the Commercial Service with Site and Design Review Overlay (CS(D)) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district; and (2) to rezone that certain real property commonly known as 1730 Embarcadero Road, more particularly described in Exhibit 2, to change the zoning from the Planned Community (PC-4846) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district. B. The City Council held a duly noticed public hearing on ________, and considered the subject amendment of the Zoning Map, including the recommendation by staff and the Planning and Transportation Commission and all public comments received prior to or at the hearing. SECTION 2. Amendment of Zoning Map (a) Section 18.08.040 of the Palo Alto Municipal Code, the “Zoning Map,” is hereby amended by changing the zoning from the Commercial Service with Site and Design Review Overlay (CS(D)) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district for all that real property situated in the City of Palo Alto, County of Santa Clara, State of California, described in Exhibit 1 (Legal Description and Map) attached hereto and incorporated herein by reference, and commonly known as 1700 Embarcadero Road. (b) Section 18.08.040 of the Palo Alto Municipal Code, the “Zoning Map,” is hereby Not Yet Approved 2 further amended by changing the zoning from the Planned Community (PC-4846) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district for all that real property situated in the City of Palo Alto, County of Santa Clara, State of California, described in Exhibit 2 (Legal Description and Map) attached hereto and incorporated herein by reference, and commonly known as 1730 Embarcadero Road. SECTION 3. The City as the lead agency for the Project, including the zoning map amendments, has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA) under Guideline section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration. An Initial Study/Mitigated Negative Declaration was prepared in January 2019 for the project and identified potential significant impacts with the implementation of the project. Those impacts can be reduced to a level of less than significant with the incorporation of mitigation measures. On the basis of the whole record before it, that there is no substantial evidence that the project will have significant effect on the environment and that the mitigated negative declaration reflects the lead agency’s independent judgment and analysis. The City of Palo Alto Planning & Community Environment Department is the custodian of these documents. The Negative Declaration was made available for public review beginning March 15, 2019 through April 22, 2019. The City Council approved the Mitigated Negative Declaration on _________________. SECTION 4. This Ordinance shall be effective on the thirty-first (31st) day after its passage and adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Not Yet Approved 3 Deputy City Attorney City Manager Director of Planning and Community Environment Not Yet Approved 4 Exhibit 1 – Legal Description and Map ATTACHMENT D ZONING COMPARISON TABLE 1700 & 1730 Embarcadero Road, 18PLN-00186 Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT with AD Combining District) Exclusively Non-residential Development Standards Regulation Required Existing Proposed Minimum Site Area, width and depth None 2.28 acres (MB) 2.54 acres (Audi) 2.28 acres (MB) 2.54 acres (Audi) Minimum Front Yard 0-10 feet to create an 8-12 foot effective sidewalk width (1), (2), (8) 37 feet (MB) 18’-10” feet (Audi) 55-5” (MB) 45’-7” (MB) to the canopy 18’-10” (Audi) Rear Yard None 154 feet (MB) 200 feet (Audi) 33’-9” (MB) 92-8” (Audi) Interior Side Yard None 52 feet (MB) 48 feet/ 8 feet (Audi) 0 feet (MB) 31’-5” (Audi) Left 48’-6” (Audi) Right 5’-0” to carwash Street Side Yard None 87 feet (MB) Not Applicable (Audi) 83’-11” (MB) Min. yard for lot lines abutting or opposite residential districts or residential PC districts 10 feet (2) Not Applicable Not Applicable Build-to-lines 50% of frontage built to setback Embarcadero Road 33% of side street built to setback on East Bayshore Road (7) Unknown No Build-to proposed Proposing DEE 83’-11” (MB) (Embarcadero) 47’-7” (MB) (Bayshore) Max. Site Coverage 50% 20% (43,408 sf) 49% (58,487 SF) MB 46% (45,551 SF) Audi Max. Building Height 50 ft or 35 ft within 150 ft. of a residential district (other than an RM-40 or PC zone) abutting or located within 50 feet of the site 30 feet (MB) 22 feet (Audi Service) 27’-6” (Audi Showroom) 36-43 feet to top of roof deck. 50 feet to top of elevator shaft Max. Floor Area Ratio (FAR) 0.4:1 18.18.060(e) 0.2:1 Additional FAR for Automobile Dealership Showrooms on the first floor. 0.2:1 (43,408 sf) 0.36:1 Dealership 0.18:1 Showroom (MB)0.40:1 Dealership 0.09:1 Showroom (Audi) (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) continued Exclusively Non-residential Development Standards Topic Requirement Proposed Hours of Operation (18.16.040 (b)) Shall be required to obtain a conditional use permit. The director may apply conditions of approval as are deemed necessary to assure compatibility with the nearby residentially zoned property The proposed dealerships will operate between the hours of 6:00 am and 10:00 pm. Outdoor Sales and Storage (18.16.040 (h)) Not Applicable because the site is proposed to be subject to the AD combining district Not Applicable Recycling Storage (18.16.040 (i)) Provide adequate and accessible recyclable collection. Recycling will be provided in the rear of the building 18.16.080 Performance Standards. All development in the CS district shall comply with the performance criteria outlined in Chapter 18.23 of the Zoning Ordinance, including all mixed use development 18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Automobile Dealerships Type Required Proposed at Audi (1730 Embarcadero) Proposed at Mercedes (1700 Embarcadero) Vehicle Parking Automobile Dealership: 1 space per 400 SF Automotive Display: 1 space per 500 SF Audi Dealership: 123.4 Display: 2.21 MB Dealership: 149 Display: 4.45 108,993/400 = 272.48 3,330/500 = 6.66 Total: 279.14 Surface: 19 2nd Floor: 56 Roof Deck: 128 203 spaces Surface: 13 2nd Floor: 54 Roof Deck: 92 159 spaces Bicycle Parking 1/10 employees (Short- term) = 114/10 = 12 7 spaces 8 spaces Loading Space 30,000 – 69,000 sf = 2 spaces Audi: 2 spaces MB: 2 spaces 2 spaces 2 spaces Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Automobile Dealerships Type Required Proposed at Audi (1730 Embarcadero) Proposed at Mercedes (1700 Embarcadero) Total: 4 spaces Attachment E Project Plans and Initial Study/Mitigated Negative Declaration Hardcopies of project plans and the Initial Study are provided to Board members. These plans and environmental documents 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 “1700 and 1730 Embarcadero Road” and click the address link 3. On this project specific webpage you will find a link to the Project Plans, Initial Study and other important information Direct Link to Project Webpage: https://www.cityofpaloalto.org/news/displaynews.asp?NewsID=4367 Source: YSM Design, 2019 Figure 2: View from Renzel Trail to Project Site Source: Project Planner photo 2018 Figure 3: Across from the Project (Embarcadero Road) Source: Project Planner photo 2018 Figure 4: View of 1700 Embarcadero (From East Bayshore) Source: Project Planner photo 2018 Figure 5: Across Embarcadero Road Source: Project Planner photo 2018 Figure 6: Across East Bayshore Road 1 Sheldon Ah Sing From:Jin Pi <jinpi@yahoo.com> Sent:Tuesday, February 19, 2019 11:46 AM To:Sheldon Ah Sing Subject:Comments on 18PLN-00186 / 1700 Embarcadero Road Hi Sheldon, This is Jin Pi. I represent the owner of 2479 E Bayshore Rd. We went to public hearing on 2/13 and were told it was cancelled. Do you know when public hearing will happen? The proposed new Mercedes/Audi building is adjacent to our property. After reviewing the plans and drawings briefly, we have the following concerns which we hope you can help us address. -Will there be any potential soil pollution with the larger business operation? -We noticed there is a car wash facility right next to the border with our property. We are concerned of potential noise and waste water pollution that comes from the car wash. Any way to mitigate these concerns? -The building can be as high as ~60 feet (48.5 ft+ 11.5 FFE), which is significantly taller than our building. We are concerned of privacy and blocking of our sunlight. -What plans do you have for the fence? Will you put up hedge or have other plans to improve the fence? -What is the floor area ratio? Is it compliant? -Could you please provide a cross section diagram in your property line vs our property line? This would allow us to see what this development will look like when viewing from our property. Among other things, we are curious about the elevation of your driveway vs our driveway. Thank you and look forward to hearing from you. Best Regards, Jin Pi Planning & Transportation Commission Staff Report (ID # 10188) Report Type: Action Items Meeting Date: 3/27/2019 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 18.42.110 Wireless Facilities Title: PUBLIC HEARING. Planning and Transportation Commission Consideration of an Ordinance Amending Section 18.42.110 (Wireless Communication Facilities) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Update the Code to Reflect Recently Adopted FCC Regulations. This Item Was Previously Heard by the Commission on December 12, 2018. CEQA: This Ordinance is Exempt from Environmental Review Under CEQA Guidelines Sections 15061(b)(3), 15303, and 15305. From: Jonathan Lait RECOMMENDATION Staff recommends that the Planning and Transportation Commission (“PTC”) review and recommend that the City Council adopt the attached Ordinance (Attachment A) amending Section 18.42.110 (Wireless Communication Facilities) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning). BACKGROUND On September 26, 2018, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling and Third Report and Order relating to the Acceleration of Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment (“FCC 18-133”). These regulations build upon a long history of state and federal legislation and earlier rulings by the FCC that significantly limit local control over the deployment of Wireless Communications Facilities (“WCFs”). Among other changes, FCC 18-133 declares that in order to comply with federal law, local aesthetic regulations must be reasonable, objective, non-discriminatory, and published in advance. In addition, FCC 18-133 defines a subset of WCFs, “Small Wireless Facilities,” which City of Palo Alto Planning & Community Environment Department Page 2 are commonly deployed on streetlights and utility poles in the public rights of way, and requires that local governments act upon most Small Wireless Facility applications within 60 days. FCC 18-133 has been challenged by several coalitions of municipalities and that litigation is pending in the Ninth Circuit Court of Appeals. In January 2019, the courts denied a request by the municipalities to “stay” the FCC order until the litigation was resolved. The FCC order therefore went into effect on January 14, 2019. On the same day, Representative Anna Eshoo introduced a bill, H.R. 530, which would invalidate FCC 18-133. The bill has been referred to the House Committee on Energy and Commerce. On February 7, 2019, the City of Palo Alto sent a letter of support for H.R. 530. On December 12, 2018, staff presented a draft ordinance to the PTC that would bring the City’s wireless code into compliance with the new FCC order. The staff report is available at https://www.cityofpaloalto.org/civicax/filebank/documents/68093 and meeting minutes are available at https://www.cityofpaloalto.org/civicax/filebank/documents/68690. Based on feedback from the public and PTC at the December 12, 2018 meeting and following extensive review of similar ordinances adopted by other municipalities, staff has proposed a number of additional changes, which are summarized below. Because many of these changes were not previously reviewed by the Commission, staff is returning the ordinance for a second PTC hearing before presenting it to the City Council. DISCUSSION The attached ordinance contains the following notable changes to Section 18.42.110 of the Palo Alto Municipal Code: First, the ordinance updates several definitions in subsection (b) to expressly reference the federal statutes or regulations from which they are drawn. This, in combination with a statement of purpose, ensures that the Palo Alto Municipal Code will not be interpreted to codify the provisions of federal law in the event such provisions are changed or invalidated by a court. In addition, as recommended the PTC in December 2019, some definitions are further clarified to ensure they do not apply more broadly than necessary. Second, along similar lines, the ordinance replaces the lengthy restatement of various “shot clock” timelines and permit review procedures in subsection (e) with a simple statement that the City will process WCF permit applications in a manner consistent with state and federal law. As with the updated definitions, this change makes the wireless code more flexible in the event there is a change in the law. Third, the ordinance updates the findings required in subsections (g) and (h) to approve Tier 2 and Tier 3 WCF permits to recognize that the City Council may adopt of objective standards by resolution to comply with the FCC’s recent order. These objective standards take the place of the City’s subjective architectural review findings and this change is necessary under FCC 18- 133 for the City to continue to enforce local aesthetic values after April 15, 2019. In the event City of Palo Alto Planning & Community Environment Department Page 3 the FCC’s new requirements for aesthetic standards are invalidated and the City Council repeals these objective standards, the ordinance provides that the City’s architectural review findings will once again apply. Fourth, the ordinance updates development standards in subsection (i) to provide objective guidance that will apply in the absence of more specific standards adopted by resolution. At the moment, staff has prepared draft standards for projects in the public rights-of-way. The generally applicable standards in subsection (i) will apply to projects on private property unless and until the City Council adopts more detailed standards for such projects by resolution. Fifth, the ordinance adds a new condition of approval in subsection (j) applicable to all WCF applications. This condition requires that applicants update the equipment deployed in WCFs as new technology becomes available that is less visually obtrusive. The ordinance also codifies an existing standard condition that requires timely construction in order to maintain an approval. Sixth, the ordinance creates a new subsection (k), which sets forth several requirements for an applicant seeking exceptions from the objective standards adopted by the City Council or other restrictions imposed by the City’s wireless code. The ordinance requires the applicant to identify any exceptions being sought at the time of application submittal. The ordinance further places the burden on the applicant to demonstrate that an exception is required under controlling state or federal law and requires the applicant to submit all evidence supporting its claim. Finally, the ordinance allows the City to hire independent consultants, at the applicant’s expense, to evaluate the issues raised by the applicant. Seventh, the ordinance adds a new subsection (n), which states that unless otherwise specified, WCF permits are valid for a period of ten years, after which they will need to be extended or renewed. For some facilities in the public rights-of-way or on City property, however, the timeframe for which a WCF may be permitted to remain on a site may be governed instead by the City’s lease or license agreements with a wireless carrier. Finally, the ordinance contains a number of minor, non-substantive, “clean-up” changes based on staff’s experience implementing the wireless code since it was last updated in 2015. As these are not intended to affect substantive rights of the City or an applicant, they are not discussed in detail here. POLICY IMPLICATIONS The proposed ordinance is consistent with recently adopted FCC regulations, which went into effect in January 2019. Under the FCC order, cities have until April 15, 2019 to adopt reasonable, non-discriminatory, and objective aesthetic standards. In the absence of such action, the City will be unable to enforce local control over aesthetic issues relating to WCFs. Several provisions of the ordinance have been prepared to facilitate a return to the City’s existing regulations should one or more elements of FCC 18-133 be invalidated by a court or through legislation. City of Palo Alto Planning & Community Environment Department Page 4 RESOURCE IMPACT The attached ordinance is not anticipated to result in any resource impact. Although the FCC regulations create new presumptively reasonable fees for Small Wireless Facilities, the City is entitled and will continue to collect the full amount of its objectively reasonable costs for application processing and ongoing pole attachments. ENVIRONMENTAL REVIEW The attached ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines, because it does not authorize the construction of Wireless Communication Facilities in any locations where such facilities are not already permitted; therefore it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The ordinance is further exempt under CEQA Guidelines sections 15301, 15302, 15303 and 15305 because it simply provides a comprehensive permitting scheme governing minor alterations to existing facilities or small structures. Report Author & Contact Information PTC1 Liaison & Contact Information Albert Yang Jonathan Lait, AICP, Assistant Director (650) 329-2171 (650) 329-2679 albert.yang@cityofpaloalto.org jonathan.lait@cityofpaloalto.org Attachments: • Ordinance amending PAMC Section 18.42.110 (DOCX) 1 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org Not Yet Approved 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Amending Section 18.42.110 (Wireless Communication Facilities) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code to Update the Code Consistent with the FCC’s Declaratory Ruling and Third Report and Order (FCC 18-133) The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. The tremendous growth in personal wireless services has created an increased demand for new wireless antennas and equipment. Wireless service providers are increasingly seeking to utilize public rights of way to deploy small wireless facilities to improve and expand coverage. B. The City Council has adopted a Wireless Communication Facilities (WCFs) code to regulate the various health, welfare, and safety impacts presented by the proliferation of WCFs and to balance these impacts with the interests of consumers in receiving the benefits of wireless technologies. C. Federal and state law place significant limits on the City’s exercise of local control over WCF matters. On September 26, 2018, the Federal Communications Commission adopted a Declaratory Ruling and Third Report and Order (WT Docket No. 17-79; WC Docket No. 17-84; FCC 18-133), further limiting local control. D. The amendments herein are necessary to conform the City’s WCF code with FCC 18-133, effective on January 14, 2019, and to authorize the adoption of objective aesthetic standards by the Director of Planning and Community Environment no later than April 15, 2019. SECTION 2. Section 18.42.110 of Chapter 18.42 is hereby amended to read as follows: 18.42.110 Wireless Communication Facilities (a) Purpose and Interpretation The purpose of this section is two-fold: (A) to implement within the jurisdictional boundaries of the city the applicable zoning, land use and other laws, rules, regulations and policies and procedures applicable to siting applications filed with the city by wireless communications facilities infrastructure owners and operators and wireless communications service providers, which seek to install or attach their facilities at locations in Palo Alto; and (B) to accommodate new wireless technologies and continued improvements to existing wireless communications facilities while minimizing their adverse visual and structural health and safety Not Yet Approved 2 impacts. Consistent with that purpose, the provisions of this section are to be construed in a manner that is consistent with (1) the interest of consumers in receiving the benefits of the deployment of ultra-high-speed and -capacity broadband wireless communication facilities technology and innovations and the delivery of ultra-high-speed and -capacity broadband wireless communications facilities services, (2) the interest in safeguarding the environment, preserving historic properties, and addressing aesthetics and other local values, and (3) the interest in promoting the public health, safety and welfare in Palo Alto. Although this Section implements and references provisions of preemptive state and federal law, nothing in this Section shall be interpreted to create an independent source of the rights provided an applicant by such state or federal law. A wireless communications facility is permitted to be sited in Palo Alto subject to applicable requirements imposed by this chapter, which may include an architectural review process, a conditional use permit application process, or both. These processes are intended to permit wireless communications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety. The procedures prescribed by this chapter Section are tailored to the type of wireless communication facility that is sought. Building-mounted wireless communications facilities and collocation of facilities are preferred and encouraged, subject to all other provisions of this section. (b) Definitions The following abbreviations, phrases, terms and words shall have the meanings assigned in this section or, as appropriate, in Section 18.04.030 and Section 1.04.050 of the Palo Alto Municipal Code, as may be amended from time to time, unless the context indicates otherwise. Words that are not defined in this section or other chapters or sections of the Palo Alto Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning. (1) "Antenna" means a that part of a wireless communications facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of personal wireless services, as defined in 42 U.S.C. § 332(c)(7)(C)(i). This definition does not include antennas designed for amateur or household use. wireless antenna and its associated equipment. The term includes a macrocell antenna and a microcell antenna. (2) "Associated equipment" means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to which a wireless antenna is attached in order to facilitate mobile broadband service and personal wireless service delivered on mobile broadband devices. (3) "Base Station" means the same as defined by the FCC at 47 C.F.R. § 1.40001(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. Not Yet Approved 3 The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation: (i)a. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (ii)b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks). (iii)c. Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (i)-(ii) above and has been previously reviewed and approved by the city. (4) "Collocation" means the same as defined by the FCC at 47 C.F.R. § 1.40001(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. (5) "Eligible Facilities Request" means the same as defined by the FCC at 47 C.F.R. § 1.40001(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any request for modification of an existing tower or base station that, within the meaning of the Spectrum Act, does not substantially change the physical dimensions of that tower or base station, and involves (a) the collocation of new transmission equipment, (b) the removal of transmission equipment, or (c) the replacement of transmission equipment. (6) "Eligible Support Structure" means the same as defined by the FCC at 47 C.F.R. § 1.40001(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any existing tower or base station that exists at the time the application is filed with the city. (7) "Existing" means the same as defined by the FCC at 47 C.F.R. § 1.40001(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: for a constructed tower or base station, means that the tower or base station is existing for purposes of an eligible facilities request if has been previously reviewed and approved under the applicable city zoning or siting process, or under another applicable state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "Existing" for purposes of this definition. (8) "FCC" means the Federal Communications Commission or successor agency. (9) "Project" means a WCF to be located in Palo Alto for which a permit is required by the city. Not Yet Approved 4 (10) "RF" means radio frequency on the radio spectrum. (11) "Spectrum Act" means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. § 1455(a) (providing, in part, "… a State or local government may not deny, and shall approve, any Eligible Facilities Request for a modification of any existing wireless Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station."). (12) "Small Wireless Facility," means the same as defined in any valid regulations adopted by the FCC. For purposes of convenience only, the definition provided at 47 C.F.R. Section 1.1312(e)(2) is stated here as follows: a facility that meets each of the following conditions: a. The structure on which antenna facilities are mounted: (I) Is 50 feet or less in height, or (II) Is no more than 10 percent taller than other adjacent structures, or (III) Is not extended to a height of more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and b. Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and c. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and d. The facility does not require antenna structure registration under 47 C.F.R. Section 17; and e. The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and f. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC. (1213) "Substantially Changes" means the same as defined by the FCC at 47 C.F.R. § 1.40001(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: in the context of an eligible support structure, a modification of an existing tower or base station where any of the following criteria is met: (i)a. For a tower not located in the public rights-of-way: (aI) The height of the tower is increased by (I) more than ten (10) percent, or (II) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or Not Yet Approved 5 (bII) There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by (I) more than twenty (20) feet, or (II) more than the width of the tower at the level of the appurtenance, whichever is greater. (ii)b. For a tower located in the public rights-of-way and for all base stations: (aI) The height of the tower or base station is increased by more than ten (10) percent or ten (10) feet, whichever is greater; or (bII) There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six (6) feet; or (cIII) It involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; or (dIV) It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure. (iii)c. For any eligible support structure: (aI) It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or (bII) There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or (cIII) The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or (dIV) The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section. (iv)d. To measure changes in height for the purposes of this section, the baseline is: (aI) For deployments that are or will be separated horizontally, measured from the original support structure; (bII) For all others, measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved by the city prior to February 22, 2012. (v)e. To measure changes for the purposes of this section, the baseline is the dimensions that were approved by the city prior to February 22, 2012. Not Yet Approved 6 (1314) "Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or -authorized antenna, including any structure that is constructed for wireless communications service. This term does not include a base station. (1415) "Transmission Equipment" means the same as defined by the FCC at 47 C.F.R. § 1.40001(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: equipment that facilitates transmission of any FCC-licensed or authorized wireless communication service. (16) "Wireless Communications Facility" or "WCF" means any antenna, associated equipment, base station, small cell system, Small Wireless Facility, tower, and/or transmission equipment located in Palo Alto, but does not include : a. A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, or its successor regulation; b. An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation; c. Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio; d. Mobile services providing public information coverage of news events of a temporary nature. e. Telecommunications facilities owned and operated by any government agency or emergency medical care provider. (16) "Wireless Communications Service" means, without limitation, all FCC-licensed back-haul and other fixed wireless services, broadcast, private, and public safety communication services, and unlicensed wireless services. (c) Types of WCF Permits Required (1) A Tier 1 WCF Permit shall be required for an eligible facilities request, as defined in this section. (2) A Tier 2 WCF Permit shall be required for: (i)a. Any modification of an eligible support structure, including the collocation of new equipment, that substantially changes the physical dimensions of the eligible support structure on which it is mounted; or b. Any collocation of a Small Wireless Facility; or (ii)c. Any other collocation not eligible for a Tier 1 WCF Permit. (3) A Tier 3 WCF Permit shall be required for the siting of any WCF, including a Small Wireless Facility, that is not a collocation subject to a Tier 1 or 2 WCF Permit. (d) WCF Application Requirements Not Yet Approved 7 All applications for a WCF Permit shall include the following items: (1) Any applicant for a WCF Permit shall participate in an intake meeting with the Planning and Community Environment Department to file when filing an application; (2) The applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request; (3) The applicant shall complete the city's standard application form, as may be amended from time to time; (4) The applicant shall include a completed and signed application checklist available from the city, including all information required by the application checklist; (5) Payment of the fee prescribed by the Municipal Fee Schedule; (6) The application must be accompanied by all permit applications with all required application materials for each separate permit required by the city for the proposed WCF, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable); (7) For Tier 2 and 3 WCF Permits, the applicant must host a community meeting at a time and location designed to maximize attendance by persons receiving notice under this subparagraph to provide outreach to the neighborhood around the project site. The applicant shall give notice of the community meeting to all residents and property owners within 600 feet of the project site at least 14 days in advance of the community meeting. The Before an application may be considered complete, the applicant shall provide a proof of notice affidavit to the city that contains: (i)a. Proof that the applicant noticed and hosted the community meeting before filing the application; (ii)b. A summary of comments received at the community meeting and what, if any, changes were made to the application as a result of the meeting; (8) For Tier 3 WCF Permits, the plans shall include a scaled depiction of the maximum permitted increase in the physical dimensions of the proposed project that would be feasible and permitted by the Spectrum Act, using the proposed project as a baseline; and (9) Satisfy other such requirements as may be, from time to time, required by the Planning and Community Environment Department Director ("Director"), as publically stated in the application checklist. (e) Permit Review ("Shot Clock") Time Periods. The City shall review and act upon application materials in a manner consistent with any timeframes provided in controlling state or federal law, including valid regulations and orders promulgated by the FCC. Not Yet Approved 8 (1) City review of application materials. The timeframe for review of an application shall begin to run when the application is submitted, but shall be tolled if the city finds the application incomplete and provides notice of incompleteness that delineates the missing information in writing. Such requests shall be made within 30 days of submission of the application. After submission of additional information, the city will notify the applicant within 10 days of this submission if the additional information failed to complete the application. If the city makes a determination pursuant to Section 18.42.110(e)(2)(i) that an application submitted as a Tier 1 eligible facilities request should be processed as a Tier 2 or Tier 3, then the Tier 2 or Tier 3 processing time, as applicable, shall begin to run when the city issues this decision. (2) Tier 1 processing time. For Tier 1 WCF Permit applications, the city will act on the WCF application, together with any other city permits required for a proposed WCF modification, within 60 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time. (i) If the city determines that the application does not qualify as a Tier 1 eligible facilities request, the city will notify the applicant of that determination in writing and will process the application as a Tier 2 or Tier 3 WCF Permit application, as applicable. (ii) To the extent federal law provides a "deemed granted" remedy for Tier 1 WCF Permit applications not timely acted upon by the city, no such application shall be deemed granted until the applicant provides notice to the city, in writing, that the application has been deemed granted after the time period provided in Section (e)(2) above has expired. (iii) Any Tier 1 WCF Permit application that the city grants or that is deemed granted by operation of federal law shall be subject to all requirements of Section 18.42.110(i)(3), (5), (6) and (7) and 18.42.110(j)(1), (2), (3), (4), (5) and (6). (3) Tier 2 processing time. For Tier 2 WCF Permit applications, the city will act on the application within 90 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time. (4) Tier 3 processing time. For Tier 3 WCF Permit applications, the city will act on the application within 150 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time. (5) Denial of application. If the city denies a WCF application, the city will notify the applicant of the denial in writing of the reasons for the denial. (f) Tier 1 WCF Permit Process and Findings (1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's decision shall be final and shall not be appealable; (2) The Director shall grant a Tier 1 WCF Permit provided that the Director finds that the applicant proposes an eligible facilities request; Not Yet Approved 9 (3) The Director shall impose the following conditions on the grant of a Tier 1 WCF Permit: (i)a. The proposed collocation or modification shall not defeat any existing concealment elements of the support structure; and (ii)b. The proposed WCF shall comply with the development standards in Section 18.42.110(i)(3), (5), (6) and (7), and the conditions of approval in Section 18.42.110(j). (g) Tier 2 WCF Permit Process and Findings (1) A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f). (2) The Director, or Council on appeal, shall grant a Tier 2 WCF Permit provided the proposed WCF complies with the development standards in Section 18.42.110(i) and the conditions of approval in Section 18.42.110(j), and all objective standards adopted and amended from time to time by resolution of the City Council or the development standards in Section 18.42.110(i). If such objective standards are repealed, an application shall not be granted unless, in addition to the other requirements of this section, and all of the architectural review findings in Section 18.76.020(d) can be made. (3) The Director, or Council on appeal, shall deny a Tier 2 WCF Permit if the above findings cannot be made. (h) Tier 3 WCF Permit Process and Findings (1) A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board and/or Planning and Transportation Commission. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f). (2) The Director or Council on appeal shall grant a Tier 3 WCF Permit provided the conditional use permit findings in Section 18.76.010(c) can be made and the proposed WCF complies with the development standards in Section 18.42.110(i) and the conditions of approval in Section 18.42.110(j), and all objective standards adopted and amended from time to time by resolution of the City Council or the development standards in Section 18.42.110(i). and all of the architectural review findings in Section 18.76.020(d) and the conditional use permit findings in Section 18.76.010(c) can be made. If the City Council repeals all objective standards, an application shall not be granted unless, in addition to the other requirements of this section, all of the architectural review findings in Section 18.76.020(d) can be made. Not Yet Approved 10 (3) The Director, or Council on appeal, shall deny a Tier 3 WCF Permit if the above findings cannot be made. (i) Generally Applicable Development Standards Unless the City Council has adopted more specific standards, and E except as otherwise provided in this section, a proposed WCF Project shall comply with the following standards: (1) Shall utilize the smallest footprint possible antennae, radio, and associated equipment, as measured by volume, technically feasible to achieve a network objective; (2) Shall be designed to minimize the overall height, mass, and size of the cabinet and enclosure structure; (32) Shall be screened from public view; (43) When attached to an existing structure, shall be shrouded or screened using materials or colors found on existing structure Shall be architecturally compatible with the existing site; (54) Shall be placed at a location that would not require the removal of any required landscaping or would reduce the quantity of landscaping to a level of noncompliance with the Zoning Code; (65) An antenna, base station, or tower shall be designed to minimize its visibility from off-site locations and shall be of a "camouflaged" or "stealth" design, including concealment, screening, and other techniques to hide or blend the antenna, base station, or tower into the surrounding area, such as the use of a monopine design; (7) A building-mounted antenna, base station, or tower shall be architecturally compatible with the existing building on which the antenna, base station, or tower is attached; (86) For any Tier 2 or Tier 3 WCF proposed to Shall not be attached on an historic structure/site, as designated by Chapter 16.49, historic review shall also be required; (97) Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may extend no more than fifteen (15) feet beyond the permitted height of the building in the zone district; (108) Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone Tier 3 WCF Project shall not exceed beyond sixty-five (65) feet in height; and (119) A tower or other stand-alone Tier 3 WCF may encroach into the interior/street side and rear setback. (j) Conditions of Approval In addition to any other conditions of approval permitted under federal and state law and this Code that the Director deems appropriate or required under this Code, all WCF Not Yet Approved 11 Projects approved under this chapter, whether approved by the Director or deemed granted by operation of law, shall be subject to the following conditions of approval: (1) Permit conditions. The grant or approval of a WCF Tier 1 Permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act. (2) As-built plans. The applicant shall submit to the Director an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction. (3) Applicant shall hire a radio engineer licensed by the State of California to measure the actual radio frequency emission of the WCF and determine if it meets FCC's standards. A report, certified by the engineer, of all calculations, required measurements, and the engineer's findings with respect to compliance with the FCC's radio frequency emission standards shall be submitted to the Planning Division within one year of commencement of operation. (4) Indemnification. To the extent permitted by law, the applicant shall indemnify and hold harmless the city, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, 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. (5) Compliance with applicable laws. The applicant shall comply with all applicable provisions of the Code, any permit issued under this Code, and all other applicable federal, state and local laws (including without limitation all building code, electrical code and other public safety requirements). Any failure by the City to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations. (6) Compliance with approved plans. The proposed Project shall be built in compliance with the approved plans on file with the Planning Division. (7) Where feasible, as new technology becomes available, the applicant shall place above-ground equipment below ground and replace equipment remaining above-ground with smaller equipment, as determined by volume. The applicant shall obtain all necessary permits and approvals for such replacement. (8) WCFs permits shall be valid for the time provided in Section 18.42.110(n), except that a permit shall automatically expire after twelve months from the date of approval if within such twelve month period, the applicant has not obtained all necessary permits to commence construction. The director may, without a hearing, extend such time for a maximum Not Yet Approved 12 period of twelve additional months only, upon application filed with him or her before the expiration of the twelve-month limit. (k) Exceptions (1) The decision-making authority may grant exceptions to objective standards adopted by City Council resolution or any provision of this Section 18.42.110, upon finding that: a. The proposed WCF complies with the requirements of this Section 18.42.110 and any other requirements adopted by the City Council to the greatest extent feasible; and either b. As applied to a proposed WCF, the provision(s) from which exception is sought would deprive the applicant of rights guaranteed by federal law, state law, or both; or c. Denial of the application as proposed would violate federal law, state law, or both. (2) An applicant must request an exception at the time an application is initially submitted for a WCF permit under this Section 18.42.110. The request must include both the specific provision(s) from which exception is sought and the basis of the request, including all supporting evidence on which the applicant relies. Any request for exception after the City has deemed an application complete constitutes a material change to the proposed WCF and shall be considered a new application. (3) If the applicant seeks an exception from objective standards adopted by City Council resolution or generally applicable development standards, the Director may refer the application to the Architectural Review Board for recommendation on whether the application complies with such standards to the greatest extent feasible. (4) The applicant shall have the burden of proving that federal law, state law, or both compel the decision-making authority to grant the requested exception(s), using the evidentiary standards applicable to the law at issue. The City shall have the right to hire independent consultants, at the applicant’s expense, to evaluate the issues raised by the exception request and to submit rebuttal evidence where applicable. (kl) Removal of Abandoned Equipment A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use for more than ninety (90) days shall be removed by the applicant, wireless communications service provider, or property owner within ninety (90) days of the cessation of use of that WCF. A new WCF permit shall not be issued to an owner or operator of a WCF or a wireless communications service provider until the abandoned WCF or its component is removed. (lm) Revocation Not Yet Approved 13 The Director may revoke any WCF Permit if the permit holder fails to comply with any condition of the permit. The Director's decision to revoke a Permit shall be appealable pursuant to the process applicable to issuance of the Permit, as provided in subdivisions (f), (g), and (h) of this section. (n) Expiration Except as otherwise provided in the permit or in a lease or license agreement with the City of Palo Alto, WCF permits shall be valid for a period of ten years from the date of approval. An applicant may seek extensions of an approved WCF permit in increments of no more than ten years and no sooner than twelve months prior to the expiration of the permit. The Director shall approve an extension request upon finding that that applicant has complied with all conditions of approval for the WCF permit and will comply with all other requirements applicable to WCFs at the time the extension is granted. Prior to issuing a decision on an extension request, the Director may seek additional studies and information to be prepared at the applicants expense. SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. The Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it does not authorize the construction of Wireless Communication Facilities in any locations where such facilities are not already permitted; therefore it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The ordinance is further exempt under CEQA Guidelines sections 15301, 15302, 15303 and 15305 because it simply provides a comprehensive permitting scheme governing minor alterations to existing facilities or small structures. SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: Not Yet Approved 14 ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: _____________________________ _______________________________ Deputy City Attorney Director of Planning & Community Environment