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2021-03-31 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 ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: March 31, 2021 Virtual Meeting 6:00 PM https://zoom.us/join Meeting ID: 923 0164 0941 Phone number: 1 669 900 6833 ****BY VIRTUAL TELECONFERENCE ONLY*** Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of COVID-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast live on Cable TV and through Channel 26 of the Midpen Media Center at https://midpenmedia.org/local-tv/watch-now/. Members of the public may comment by sending an email to planning.commission@cityofpaloalto.org or by attending the Zoom virtual meeting to give live comments. Instructions for the Zoom meeting can be found on the last page of this agenda. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Commission reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public 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. _______________________ 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 ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. City Official Reports 6:00 PM-6:15 PM 1. Directors Report, Meeting Schedule and Assignments Action Item Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Up to five (5) minutes per speaker.1,3 6:15 PM-6:45 PM 2. PUBLIC HEARING / QUASI-JUDICIAL. 181 Addison Avenue [20PLN-00300]: Request for Review of a Preliminary Parcel Map with Exception and Variance to Subdivide One Existing Lot into Two Parcels with Less Than the Minimum 60 Foot Frontage. Environmental Assessment: Use of a Previously Adopted EIR for the City's Comprehensive Plan. Zoning District: R-2 (Two Family Residential) within the SOFA 2 CAP. For More Information, Contact Danielle Condit at: danielle.condit@cityofpaloalto.org. Study Session Public Comment is Permitted. Up to five (5) minutes per speaker.1,3 6:45 PM-8:45 PM 3. Review and Discussion of Proposed Commercial Parking Enhancements and the Draft Palo Alto Parking Action Plan Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Up to five (5) minutes per speaker.1,3 8:45 PM-10:45 PM 4. Review and Discuss Two Concept Plan Alternatives for Improvements to the Alma Street and Churchill Avenue Intersection and Recommend a Preferred Alternative to City Council 10:45 PM-11:15 PM 5. Recommendation on Ordinances Responding to State Housing Bills Regarding Density Bonus and Affordable Housing. Environmental Assessment: Exempt pursuant to CEQA Guidelines Section 15061(b)(3). Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 11:15 PM-11:20 PM 6. February 24, 2021 Draft PTC Meeting Minutes _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 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 ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 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 Bart Hechtman Vice Chair Giselle Roohparvar Commissioner Michael Alcheck Commissioner Bryna Chang Commissioner Ed Lauing Commissioner Doria Summa Commissioner Carolyn Templeton Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Public comment is encouraged. Email the PTC at: Planning.Commission@CityofPaloAlto.org. 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. _______________________ 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 ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to planning.commission@CityofPaloAlto.org 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Board, click on the link below for the appropriate meeting to access a Zoom-based meeting. Please read the following instructions carefully. A.You may download the Zoom client or connect to the meeting in-browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B.You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C.When you wish to speak on an agenda item, click on “raise hand”. The moderator will activate and unmute attendees in turn. Speakers will be notified shortly before they are called to speak. The Zoom application will prompt you to unmute your microphone when it is your turn to speak. D.When called, please limit your remarks to the time limit allotted. E.A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Board. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. https://zoom.us/join Meeting ID: 923 0164 0941 Phone number: 1 669 900 6833 (you may need to exclude the initial “1” depending on your phone service) Planning & Transportation Commission Staff Report (ID # 12149) Report Type: City Official Reports Meeting Date: 3/31/2021 City of Palo Alto Planning & Development Services 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: xPTC Meeting Schedule xPTC Representative to City Council (Rotational Assignments) xTentative Future Agenda Commissioners are encouraged to contact Vinh Nguyen (Vinhloc.Nguyen@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: xAttachment A: March 31, 2021 PTC Meeting Schedule and Assignments (DOCX) 1 Packet Pg. 6 Planning & Transportation Commission 2021 Meeting Schedule & Assignments 2021 Schedule Meeting Dates Time Location Status Absences/Notes 1/13/2021 6:00 PM Virtual Meeting Regular 1/27/2021 6:00 PM Virtual Meeting Regular 2/10/2021 6:00 PM Virtual Meeting Regular Roohparvar 2/24/2021 6:00 PM Virtual Meeting Regular Roohparvar 3/10/2021 6:00 PM Virtual Meeting Regular 3/31/2021 6:00 PM Virtual Meeting Regular 4/14/2021 6:00 PM Virtual Meeting Regular 4/28/2021 6:00 PM Virtual Meeting Regular 5/12/2021 6:00 PM Virtual Meeting Regular 5/26/2021 6:00 PM Virtual Meeting Regular 6/9/2021 6:00 PM TBD Regular 6/30/2021 6:00 PM TBD Regular 7/14/2021 6:00 PM TBD Regular 7/28/2021 6:00 PM TBD Regular 8/11/2021 6:00 PM TBD Regular PAUSD Start Week 8/25/2021 6:00 PM TBD Regular 9/8/2021 6:00 PM TBD Regular 9/29/2021 6:00 PM TBD Regular 10/13/2021 6:00 PM TBD Regular 10/27/2021 6:00 PM TBD Regular 11/10/2021 6:00 PM TBD Regular 11/24/2021 6:00 PM Cancelled Cancelled Day Before Thanksgiving 12/8/2021 6:00 PM TBD Regular 12/29/2021 6:00 PM Cancelled Cancelled 2 Days Before NYE 2021 Assignments - Council Representation (primary/backup) January February March April May June Doria Summa Giselle Roohparvar Michael Alcheck Michael Alcheck Cari Templeton Bart Hechtman July August September October November December 1.a Packet Pg. 7 Planning & Transportation Commission 2021 Tentative Future Agenda The Following Items are Tentative and Subject to Change: Meeting Dates Topics April 14, 2021 xRenter Protection Policy Recommendations xReview of Boards and Commissions Handbook xStudy Session: Sustainability and Climate Action Plan Upcoming items: Topics xReview and Recommendation on Proposed 2022-2026 Capital Improvement Plan and Comprehensive Plan Compliance xUniversity Avenue In-Lieu Parking Program xPTC Review of Objective Standards xADU Code Changes - Affordability Regulations 1.a Packet Pg. 8 Planning & Transportation Commission Staff Report (ID # 11915) Report Type: Action Items Meeting Date: 3/31/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 181 Addison Ave: Preliminary Parcel Map w/ Exceptions & Variance Title: PUBLIC HEARING / QUASI-JUDICIAL. 181 Addison Avenue [20PLN-00300]: Request for Review of a Preliminary Parcel Map with Exception and Variance to Subdivide One Existing Lot into Two Parcels with Less Than the Minimum 60 Foot Frontage. Environmental Assessment: Use of a Previously Adopted EIR for the City's Comprehensive Plan. Zoning District: R-2 (Two Family Residential) within the SOFA 2 CAP. For More Information, Contact Danielle Condit at: danielle.condit@cityofpaloalto.org. From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1.Recommend approval of the proposed project to the City Council based on findings and subject to conditions of approval. Report Summary The applicant/owner, Addison Property LLC, has filed an application with the City to request a Preliminary Parcel Map with Exceptions and Variance to subdivide an existing residential parcel located at 181 Addison into two lots. The existing parcel is 12,656 sf and the resulting lots would be 6,297 sf and 6,350 sf. The City’s historic preservation consultant evaluated the property in 2019. The City, with its historic preservation consultant, determined the site ineligible for listing on the California Register of Historical Resources. While development on the sites is not currently proposed, demolition of the existing residence would not constitute an impact to an historic resource under the California Environmental Quality Act (CEQA). 2 Packet Pg. 9 City of Palo Alto Planning & Development Services Department Page 2 A parcel map with exception is required because the two lots to be created would have shorter lot frontages than what the zone district development standards allow, as described further in this report. 60 foot of frontage is required by code. Lot A would have a frontage of 56 feet and Lot B would have a frontage of 56.47 feet. Exceptions may only be granted by the City Council after recommendation by the Planning and Transportation Commission Background Project Information Owner: Addison Property, LLC Architect: Kim Tran, Le Architecture Representative: Vikram Varma Legal Counsel: N/A Property Information Address: 181 Addison Avenue Neighborhood: SOFA 2 Lot Dimensions & Area: 112.5 feet wide, 112.5 feet deep, 12,656 sf Housing Inventory Site: Not Applicable Flood Zone: Not Applicable Protected/Heritage Trees: 4 (P) redwoods NE corner Parcel A, 1 (P) redwood SE corner Parcel B Historic Resource(s): Found Not CRHR Eligible by Page & Turnbull; January 23, 2019 Existing Improvement(s): Single-Story home built in 1914, with a detached garage Existing Land Use(s): Single-Family Residential Adjacent Land Uses & Zoning: North: Single-Family Residential (R-2) West: Multi-Family Residential (R-2) East: Single-Family Residential (R-1) South: General Business Office (RT-35) North: Single-Family Residential (R-2) Special Setbacks: None Aerial View of Property: 2 Packet Pg. 10 City of Palo Alto Planning & Development Services Department Page 3 Source: Google Land Use Designation & Applicable Plans/Guidelines Zoning Designation: R-2 (Two Family Residential District) Comp. Plan Designation: SOFA 2 CAP Context-Based Design: Not Applicable Downtown Urban Design: Yes SOFA II CAP: Yes Baylands Master Plan: Not Applicable ECR Guidelines ('76 / '02): Not Applicable Proximity to Residential Uses or Districts (150'): Not Applicable Located w/in AIA (Airport Influence Area): Not Applicable Prior City Reviews & Action City Council: None PTC: None HRB: None ARB: None Project Description Requested Entitlements, Findings and Purview: The following discretionary applications are being requested: 2 Packet Pg. 11 City of Palo Alto Planning & Development Services Department Page 4 xPreliminary Parcel Map: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code and Government Code Section 66474. Palo Alto Municipal Code Section 21.12.090 requires the Director of Planning and Development Services (Director) to review whether the proposed subdivision complies and is consistent with the Subdivision Map Act (in particular Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. If, in the Director’s opinion, there are issues of major significance associated with the proposed parcel map, such map may be deferred by the Director and Transportation Commission and the City Council for review. Draft findings to approve a Subdivision are provided in Attachment B. xConditional Exceptions: The process for granting Exceptions is set forth in PAMC Chapter 21.32. Exceptions may only be granted by the City Council after recommendation by the Planning and Transportation Commission. Exceptions shall be granted only upon making the required findings. Draft findings to approve conditional exceptions are provided in Attachment B. xVariance: The process for evaluating this type of application is set forth in PAMC 18.76.030. Variance applications are reviewed by the Director. Action by the Director is appealable to the City Council if filed within 14 days. However, since this project includes other actions that require approval by the City Council, pursuant to PAMC 18.40.170, the PTC will make its recommendation to the City Council. All findings must be made in the affirmative to approve the project. Failure to make anyone finding requires redesign or denial. The variance request is required due to the standards set forth in the South of Forest Area Coordinated Area Plan (SOFA II) which only allows exceptions to the development standards to be processed through the means of a variance application pursuant to Title 18 of the PAMC. Draft findings to approve the variance are provided in Attachment B. Analysis1 Neighborhood Setting and Character2 The subject property is located along Addison Avenue and Emerson Street at the corner of a four-way intersection. The parcel is situated in a transitioning area where the Downtown meets residential areas. Adjacent structures are primarily single-story and two-story residences; however, there is a mixture of residential and commercial uses throughout the neighborhood. 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. 2 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca 2 Packet Pg. 12 City of Palo Alto Planning & Development Services Department Page 5 The proposed project is the division of one lot. The existing lot exceeds the zone’s maximum lot size, and through the proposed actions the lot would be divided into two lots. The lots will comply with the zoning standards for lot area and lot depth, but the lot widths will not comply. The applicant therefore requests an exception from the minimum lot frontage of 60 feet. This property would be subdivided as follows: • Parcel A: Would be 56 feet wide (along Emerson St. frontage) and 112.44 feet deep (along the Addison Ave. frontage), total area 6,297 square feet. • Parcel B: Would be 56.47 feet wide (along Emerson St. frontage) and 112.46 feet deep, total area 6,350 square feet. These new parcels would be similar in width to other parcels in the area, as noted below. Zoned for Single-Family & Two-Family Use w/in 500’ of subject site Less than 60’ frontage 60’ frontage or longer Total % of Lots that comply R-1: 60’ minimum frontage 52 11 63 17.5 R-2: 60’ minimum frontage 18 3 21 14.3 RT-35/RT-50: No minimum frontage standard Not Applicable Not Applicable N/A N/A AMF/DHS: No minimum frontage standard Not Applicable Not Applicable N/A N/A Of the 84 properties within a 500 foot radius, less than 16.7% of the lots comply with the 60 foot frontage standard. A visual map of the table above has been in provided in Attachment F. Zoning Compliance3 The subject property is located within the R-2 (two-family residential) zone district. The R-2 zone regulations permit one or two dwelling units under the same ownership on a site under regulations that preserve the essential character of single-family use. For properties within SOFA 2, the number of dwelling units on a site as of November 24, 2003 may not be reduced. A detailed review of the proposed project’s consistency with applicable zoning standards is reflected in the summary table provided in Attachment C. The proposed project complies with the zoning ordinance except with respect to the proposed width. PAMC Chapter 18.10.040 identifies development standards within the R-2 Zone District and requires a 60-foot width for parcels within this district. The requested exception would allow for the width of Parcel A to be 56 feet and Parcel B to be 56.47 feet where the existing parcel is 112.5 feet wide and the standard is 60 feet. As described above, this exception would allow the creation of a new R-2 (two-family residential) lot. Consistency with the Comprehensive Plan, Area Plans and Guidelines4 3 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca 2 Packet Pg. 13 City of Palo Alto Planning & Development Services Department Page 6 The proposed project is located within the SOFA 2 Coordinate Area Plan (CAP) land use designation. The project would be consistent with the applicable goals and policies outlined in the Comprehensive Plan, Housing Element, and SOFA 2 CAP. In addition, the project would allow for the development of an additional housing opportunity by creating two new standard lots in the place of one; and dissolve a lot that exceeds the maximum lot size per the R-2 development standards. Respectively, these outcomes are encouraged under the Land Use and Community Design Element and Housing Element of the Comprehensive Plan and are consistent with multiple policy’s listed in the SOFA 2 Cap guidelines. Further, the project provides an opportunity for additional housing, consistent with the City’s Housing Element. In accordance with the standards established in the SOFA 2 CAP any exception(s) to development standards may only be granted through variances and home improvement exceptions in the R-2 district. A request for exception from the minimum lot frontage could not be granted through a home improvement exception as the request for subdivision exceeds the limit of exception that may be granted under this application type. Generally, a request for exception from minimum lot frontage would only require a preliminary parcel map with exception application. However, due to the standards in 6.010(c)(2) of SOFA CAP 2, a variance is the appropriate request to process an application that requests an exception from the development standard, in this case less than a 60-foot frontage. Draft findings to approve the variance are provided in Attachment B. So, while variances are rare in the City, staff support the granting of this variance. Consistency with Application Findings The necessary findings for approval of the Preliminary Parcel Map are contained in State law and incorporated into Title 21 of the Municipal Code. Under the Subdivision Map Act, the Director must make a series of “reverse” findings to justify approval. If the findings cannot be made, the subdivision must be approved. In particular, Government Code Section 66474, the Director shall deny a Preliminary Parcel Map if any of the findings are made. Otherwise, the Director must approve the subdivision. The findings for the proposed map and the draft conditions of approval of the proposed map are included in Attachment B. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, staff found the project to be consistent with the City’s Comprehensive Plan and therefore covered under the Comprehensive Plan Environmental Impact Report. SOFA 2 CAP implements the City of Palo Alto Comprehensive Plan and provides more detailed programs and policies. The proposed project would allow for one or two dwelling units under the same ownership on a site, while preserving the essential 4 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 2 Packet Pg. 14 City of Palo Alto Planning & Development Services Department Page 7 character of single-family use. The project would be in conformance with SOFA 2 CAP, which makes it in conformance with the Comprehensive Plan. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing to be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on March 19, 2021, which is 12 days in advance of the meeting. Postcard mailing occurred on March 18, 2021, which is 13 days in advance of the meeting. Public Comments As of the writing of this report, no project-related, public comments were received. 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 PTC5 Liaison & Contact Information Danielle Condit, Associate Planner Rachael Tanner, Assistant Director (650) 329-2242 (650) 329-2441 danielle.condit@cityofpaloalto.org rachael.tanner@cityofpaloalto.org Attachments: xAttachment A: Location Map (PDF) xAttachment B: Draft Record of Land Use Action (DOCX) xAttachment C: Zoning Comparison Table (DOCX) xAttachment D: DPR Form (Historic) (PDF) xAttachment E: Project Plans (DOCX) xAttachment F 181 Addison Ave w 500' Buffer (PDF) 5 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 2 Packet Pg. 15 2.a Packet Pg. 16 1 ACTION NO. XXXX-XX DRAFT RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 181 ADDISON AVE: PRELIMINARY PARCEL MAP WITH EXCEPTION & VARIANCE 20PLN-00300 (ADDISON PROPERTY, LLC, Property Owner) At its meeting on___________, 2021, the City Council of the City of Palo Alto approved the Preliminary Parcel Map for the development of a two-lot subdivision project with exceptions and Variance, making the following findings, determinations and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A.On December 21, 2020, Addison Property, LLC applied for a Preliminary Parcel Map with exceptions for the development of a Two-lot subdivision project (“The Project”). B.The project site is comprised of one lot (APN No. 120-28-088) of approximately 12,656 square feet. The site contains one residential structure. Single-family residential land uses are located adjacent to the lot to the north and west. SECTION 2. Environmental Review. The City as the lead agency for The Project has determined that The Project is consistent with the goals and policies of the City’s Comprehensive Plan and potential secondary effects that can be expected have been assessed as part of the Comprehensive Plan Environmental Impact Report. The project provides opportunity for single-family housing in an area of Palo Alto zoned for the two-family residential use, also known as the R-2. The R-2 district is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit on appropriate sites, in areas designated for single-family use by the Palo Alto Comprehensive Plan, under regulations that preserve the essential character of single-family use. Further, the project provides an opportunity for additional housing, consistent with the City’s Housing Element. SECTION 3. Preliminary Parcel Map Findings. A legislative body of a city shall deny approval of a Preliminary Parcel Map, if it makes any of the following findings (CGC Section 66474): 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site is located within the South of Forest Area (SOFA 2) Coordinated Area Plan and is consistent with the provisions of both the Comprehensive Plan and SOFA 2. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: 2.b Packet Pg. 17 2 The map is consistent with the following Comprehensive Plan policies: a.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. b.Policy L-1.6 Encourage land uses that address the needs of the community and manage change and development to benefit the community. c.Policy L-2.4 Use a variety of strategies to stimulate housing, near retail, employment, and transit, in a way that connects to and enhances existing neighborhoods. d.Program H2.1.2: Allow increased residential densities and mixed-use development only where adequate urban services and amenities, including roadway capacity, are available. e.Policy H1.4: Ensure that new developments provide appropriate transitions from higher density development to single-family and low-density residential districts to preserve neighborhood character f.Goal H2: Support the construction of housing near schools, transit, parks, shopping, employment and cultural institutions. The map is consistent with the following SOFA 2 policies: a.Policy L-2: Enhance desirable characteristics and uses by using planning and development standards to create opportunities for neighborhood development. Encourage a compatible transition from the residential neighborhoods to the downtown. b.Policy L-6: Enhance the vitality and livability of the South of Forest Area by allowing a mixture of residential and neighborhood serving commercial land uses. c.Policy H-1: Within SOFA, Phases 1 and 2, provide for a total of 300 residential units and promote the retention of existing housing units and encourage the development of new housing units throughout the South of Forest Area. 3. That the site is not physically suitable for the type of development: The site currently contains one single-family home and detached garage, in a residential neighborhood. The proposed parcel map proposes to demolish the existing residence that spans across the proposed parcel A and parcel B to create two new standard lots for future development that is compatible with the R-2 two-family residence district. The R-2 is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit on appropriate sites in areas designated for single-family use by the Palo Alto Comprehensive Plan, under regulations that preserve the essential character of single- family use. Community uses and facilities could not result on this site as it would result in a loss of housing. 4. That the site is not physically suitable for the proposed density of development: 2.b Packet Pg. 18 3 The proposal for the site creates two R-2 lots with frontages that do not meet the minimum width standards per the R-2 development standards. However, the site as existing exceeds the maximum lot size per the development standards in the R-2 zoning. The proposed subdivision would result in two lots which are more in compliance with the Zoning Code than the existing, which is allowed under PAMC 21.04.030(b)(17) and creates an opportunity for an additional single-family lot in the R-2 zone. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The minor subdivision will not cause environmental damage or injure fish, wildlife, or their habitat. The project site has been fully urbanized/developed and is centrally located within the SOFA 2 CAP. There is no recognized sensitive wildlife or habitat in the project vicinity. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The creation of two individual parcels will not cause serious public health problems, as it does not substantially affect the existing conditions and overall function of the site as a low density residential property. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no easements across the current parcel. The parcel map does not propose nor require any easements. SECTION 4. Exception Findings 1.There are special circumstances or conditions affecting the property. The subject property is nearly twice the width of many of the other properties up and down the block including all adjoining properties. The SOFA 2 CAP, where the subject property is 2.b Packet Pg. 19 4 located, is comprised of varied lot sizes and does not follow a standard pattern. It is however common in the vicinity of the subject property to find lots that do not meet the required minimum 60-foot lot width and are nearly the same width (55 feet) as would result from the proposed subdivision. (See location map Attachment A) 2.The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. In these circumstances a exception is necessary to preserve the petitioner’s ability to enjoy rights similar to those of neighboring property owners. The existing lots adjacent to the subject property do not meet the 60-foot standard lot width established for the R-2 zone district. Many of the other lots within 500 feet of the subject property are only 33.3 to 50 feet wide in the R-1 and R-2 districts. The proposed lots would be a minimum 56 feet wide and would have lot widths that closer comply with the development standards than many of neighboring parcels. Additionally, the lot is currently non-conforming in terms of lot size, in that it exceeds the maximum R-2 lot size of 11,999 square feet. The subdivision would create two conforming lots in terms of lot size and lot depth. 3.The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The division of this single parcel into two separate parcels will not have adverse impacts to other properties in the vicinity. The addition of a single parcel to the street will not negatively impact traffic and the resulting lot widths will be sufficient to provide ample width for standard development of single family houses without the need for exceptions. 4.The granting of the exception will not violate the requirements, goals, policies, or spirit of the law. The granting of the exception is consistent with the goals and policies of the Comprehensive plan as well as the spirit of the law. Policy L-1.6 of the Palo Alto Comprehensive Plan states “Encourage land uses that address the needs of the community and manage change and development to benefit the community.” The subdivision of this parcel creates only one new single family lot within an established neighborhood that already receives city services. The new lot therefore would not diminish the quality of City services or diminish the capacity of infrastructure or transportation facilities. The subdivision of this parcel only serves to add further consistency to the existing lot pattern thus preserving the character of the neighborhood and provides an additional housing opportunity in a residential district. The lot as it is currently situated exceeds the 11,999 square foot maximum lot size for R-2 zoned properties by approximately 657 square feet. The subdivision would allow the creation of two smaller lots that are more consistent with Palo Alto Municipal Code (“PAMC”) Section 18.10.040. Policy L-1.3 states “Infill development in the urban service area should be 2.b Packet Pg. 20 5 compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern”. The division of the lot will allow for the construction of two modestly sized houses more consistent with the existing homes in the neighborhood rather than the construction of one large house that would be out of scale with the adjacent residences. The two smaller houses would also be more affordable than the one larger home and allow for an additional housing unit in Palo Alto. SECTION 5. Variance Findings 1.Because of special circumstances applicable to the subject property, including (but not limited to) size, shape, topography, location, or surroundings, the strict application of the requirements and regulations prescribed in Title 18 substantially deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district as the subject property. The project site at 181 Addison is zoned R-2 and is located within the South of Forest Area Coordinated Area Plan (SOFA 2 CAP). Per 6.010(c)(2) of SOFA CAP 2,” in the R-2 district, the only exceptions to development standards that may be granted are variances and home improvement exceptions…” As SOFA 2 was enacted in 2003, it is likely for the purpose of the variance was to better facilitate neighborhood based planning for the use and reuse of land and buildings. It is unlikely that the intent of this standard would be used to discourage the development of a new substandard lot in the R-2 district when SOFA 2 CAP Policy H-1 states that “within SOFA, Phases 1 and 2, provide for a total of 300 residential units and promote the retention of existing housing units and encourage the development of new housing units throughout the South of Forest Area”. Therefore, a variance is the appropriate request due to the standards set to process an application that requests an exception from the development standard, in this case less than a 60 foot frontage. Adjacent similarly zoned properties within 500’ of the subject site that are subject to the same 60 foot frontage standard: Lots zoned for Single- Family & Two-Family Use w/in 500’ of subject site Lots with less than 60’ frontage Lots with 60’ frontage or longer Total # of lots % of Lots that comply R-1: 60’ minimum frontage 52 11 63 17.5 R-2: 60’ minimum frontage 18 3 21 14.3 Based on the facts above, a strict application of the 60 foot frontage would deprive the district of a new housing opportunity. Privileges enjoyed by most nearby properties in the vicinity and in the same zoning district as the subject property. 2.b Packet Pg. 21 6 2.The granting of the application shall not affect substantial compliance with the regulations or constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district as the subject property. Other properties in the R-2 district are subject to the 60 foot frontage standard. However, not many properties zoned R-2 need to process a variance application to process a preliminary parcel map with exception; except for the 14 R-2 properties located within SOFA CAP 2. Per the existing conditions of those 14 lots, only one could be subdivided and still create two standard lots, that lot being the subject site. The new R-2 lots would meet the required lot area, and depth while only needing an exception to the 60 foot lot frontage. The variance application is unique to this site because the circumstances and outcome could not be recreated for other properties in the vicinity and in the same zoning district as the subject property. 3.The granting of the application is consistent with the Palo Alto Comprehensive Plan and the purposes of Title 18 (Zoning). The project proposes a variance application to implement the project, to meet the requirements of the SOFA 2 guidelines when requesting to deviate away from the development standard. The project as proposed complies with all Zoning Ordinance requirements other than the exception from lot frontage for which a Parcel map with exception is sought. Furthermore, the proposed project does not conflict with the promotion and protection of public health, safety, peace, morals, comfort, convenience or general welfare. In light of these facts, the proposed project is consistent with the purposes of the Zoning Ordinance (Title 18). The Palo Alto Comprehensive Plan does not contain any frontage requirements, so the variance does not include an exception to the Comprehensive Plan. Further, the proposed project is consistent with the Comprehensive Plan, as it will promote the goals and policies, as noted above in the Preliminary Parcel Map findings 2.b Packet Pg. 22 7 In summary, an important goal of the Palo Alto Comprehensive Plan is to encourage more housing opportunities. Without a variance, development of a new standard lot would be lost due to the process set in the SOFA 2 guidelines to deviate from the development standard. That outside of this district would be processed solely by a preliminary parcel map with exception application. 4.The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. Approval of the requested variance will facilitate the development of two standard lots in the R-2 district: (i) that is consistent with the goals of the comprehensive plan, housing element, and SOFA 2, (ii) that preserves the health and welfare of the existing neighborhood character, (iii) is reflective of the typical lot size in the area, and (v) is consistent with other recent projects in the vicinity and possible development scale within the R-2 district. SECTION 6. Preliminary Parcel Map Approval Granted. Preliminary Parcel Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 7 of this Record. SECTION 7. Conditions of Approval. Planning Division 1.PROJECT PLANS. The Preliminary Parcel Map with exception submitted for review and approval by the Director shall be in substantial conformance with the Preliminary Parcel Map prepared by Louis Wade Hammond “Two-Parcel Preliminary Parcel Map Lot 33-36, D Maps 119”, consisting of 3 pages, uploaded to Accela Citizen Access on February 3, 2021, except as modified to incorporate the conditions of this approval. A copy of this plan is on file in the Department of Planning and Community Environment, Current Planning Division. 2.PARCEL MAP COVER PAGE. At such time as the Parcel Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 3.PARCEL MAP EXPIRATION. A Parcel Map, in conformance with the approved Preliminary Parcel Map with exception, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City Engineer, shall be filed with the Planning Division and the Public Works Engineering Division within two (2) years of the Preliminary Parcel Map with exception approval date. The time period for a project may be extended once for an additional year by the Director of Planning if submitted prior to the expiration date. The resultant parcel map must be recorded prior to any building permit issuance. 2.b Packet Pg. 23 8 4.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. 5.ESTIMATED IMPACT FEE: Development Impact Fees, currently estimated to be $82,060.82 for the subdivision shall be paid prior to the issuance of the related building permit. 6.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. 7.Any new two-story construction on the lots will require review under the City’s Individual Review process. 8.The applicant shall confirm the location all existing features of the site, including protected and non-protected trees, wells, structures, utilities, and easements to the satisfaction of Public Works, the Planning Division, and any other agency that would have an interest in those features. 9.Development Impact fees in effect at the time of building permit issuance, shall be paid to the city of Palo Alto prior to the issuance of a building permit for the construction of the second of the two houses that could be built on the two parcels. 2.b Packet Pg. 24 9 Building Division 10.No property line crossing any building is allowed. 11.All buildings shall be removed/demolished. 12.Obtain a deconstruction for removal of buildings prior to building permit. Public Works Engineering Department 13.Provide electronic copies of the referenced documents to Public Works. This includes the records of survey, maps, preliminary title report, parcel map, closure calculations etc. 14.Provide a Preliminary Title Report that is current (within 3 months). 15.If applicable to this map, provide a Beneficiary or Trustee and Acknowledgement statement on the map. 16.The Parcel Map shall include CITY ENGINEER STATEMENT, CITY SURVEYOR STATEMENT and DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT STATEMENT. Current City Engineer is Bradley Eggleston RCE C72158. Surveyor’s Statement is TBD. 17.The City Engineer bulletin shall read as follows: I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP; THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF THE APPROVAL OF THE PRELIMINARY PARCEL MAP HAVE BEEN COMPLETED. THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE PRELIMINARY PARCEL MAP AND ANY APPROVED ALTERATIONS THEREOF. 18.The City of Palo Alto does not currently have a City Surveyor. We have retained the services of a consultant surveyor to review and provide approval on behalf of the City. The consultant surveyor will be reviewing, signing and stamping the Parcel Map associated with your project. 19.In an effort to employ the services of the consultant surveyor, and as part of the City’s cost recovery measures, the applicant is required to provide payment to cover the cost of the consultant surveyor’s review. Our intent is to forward your Parcel Map to the consultant surveyor for an initial preliminary review of the documents. The consultant surveyor will then provide a review cost amount based on the complexity of the project and the information shown on the document. We will share this information with you once we receive it and ask that you return a copy acknowledging the amount. You may then provide a check for this amount as payment for the review cost. The City must receive payment prior to beginning the final review process. Scope and Fee Letter from the consultant surveyor will be provided separately. 2.b Packet Pg. 25 10 20.Once all reviewing departments (including third party surveyor) have approved the Parcel Map, please submit wet signed and stamped mylar copy of the Parcel Map to Public Works Engineering prior to recordation of Parcel Map. Map shall be signed by Owner, Trustee, Notary and Surveyor prior to formal submittal. 21.Provide the electronic CAD file for the Map. Detail format of electronic submittal to be provided prior to recordation of Parcel Map. 22.Any existing building(s) to be demolished will need to be demolished prior to recordation of Parcel Map. 23.Prior to building permit and grading and excavation permit issuance, the Parcel Map shall be recorded with County Recorder. A conformed mylar copy shall be submitted to Public Works Engineering. Utilities Water Gas Wastewater Department 24.Any water service, gas service, or wastewater lateral not in use must be disconnected and abandoned per the latest CPAU standards. 25.Each house shall have its own water and gas meter. Each parcel shall have its own water service, gas service, and wastewater lateral connection. 26.The applicant shall be responsible for installing and upgrading the existing utility services as necessary to handle anticipated new demands and meet current standards. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility services, meters, and sewer laterals Utilities Electrical Department Pending Comments SECTION 9. Term of Approval. All conditions of approval of the Preliminary Parcel Map shall be fulfilled prior to approval of a Parcel Map (PAMC Section 21.16.010[c]). Unless a Parcel Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Preliminary Parcel Map approval, or such extension as may be granted, the Preliminary Parcel Map shall expire, and all proceedings shall terminate. The Director of Planning and Development Services may approve one extension prior to expiration of the Preliminary Parcel Map, consistent with the provisions of PAMC Title 21. 2.b Packet Pg. 26 11 PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Development Services APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: Louis Wade Hammond “Two-Parcel Preliminary Parcel Map Lot 33-36, D Maps 119”, consisting of 3 pages, uploaded to Accela Citizen Access on February 3, 2021. 2.b Packet Pg. 27 ATTACHMENT B ZONING COMPARISON TABLE 181 Addison Avenue, 20PLN-00300 Table 1: COMPARISON WITH CHAPTER 18.10 (R-2 DISTRICT & SOFA 2 CAP) Regulation Required Existing Proposed Parcel A Proposed Parcel B Minimum/Maximum Site Area 6,000-11,999 sf One (1) lot, approximately 12,656 sf (Noncomplying) 6,297 sf 6,350 sf Minimum Width 60-foot width 112.5 feet wide 56 feet wide 56.47 feet wide Minimum Depth 100-foot depth 112.5 feet deep 112.46 feet deep 112.43 feet deep 2.c Packet Pg. 28 DPR 523A (9/2013) *Required information 6WDWHRI&DOLIRUQLD7KH5HVRXUFHV$JHQF\ 3ULPDU\______________________________________________ '(3$570(172)3$5.6$1'5(&5($7,21 +5,__________________________________________________ 35,0$5<5(&25' 7ULQRPLDO______________________________________________ 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(Architecture):$GGLVRQ$YHQXHGRHVQRWDSSHDUWREHLQGLYLGXDOO\HOLJLEOHIRUOLVWLQJLQWKH&DOLIRUQLD5HJLVWHU XQGHU&ULWHULRQ$UFKLWHFWXUH,QIRUPDWLRQUHJDUGLQJWKHRULJLQDOFRQVWUXFWLRQRIWKHEXLOGLQJLVOLPLWHGWRHDUO\6DQERUQPDSVDV QRRULJLQDOEXLOGLQJSHUPLWDSSOLFDWLRQLVRQILOHDW3DOR$OWR'HYHORSPHQW6HUYLFHVDQGQRRULJLQDOEXLOGLQJSHUPLWLQGH[UHFRUGLV RQILOHDWWKH3DOR$OWR+LVWRULFDO$VVRFLDWLRQ7KHVXEMHFWEXLOGLQJKDVVHYHUDOXQLTXHRUXQXVXDOIHDWXUHVQRWW\SLFDOWRRWKHU 9HUQDFXODUEXQJDORZVRIWKHVDPHHUDLQFOXGLQJWKHEXLOGLQJ¶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riterion 4 (Information Potential):$GGLVRQ$YHQXHGRHVQRWDSSHDUWREHLQGLYLGXDOO\HOLJLEOHXQGHU&ULWHULRQDVDEXLOGLQJ WKDWKDVWKHSRWHQWLDOWRSURYLGHLQIRUPDWLRQLPSRUWDQWWRWKHSUHKLVWRU\RUKLVWRU\RIWKH&LW\RI3DOR$OWRWKHVWDWHRUWKHQDWLRQ,W GRHVQRWIHDWXUHFRQVWUXFWLRQRUPDWHULDOW\SHVRUHPERG\HQJLQHHULQJSUDFWLFHVWKDWZRXOGZLWKDGGLWLRQDOVWXG\SURYLGH LPSRUWDQWLQIRUPDWLRQ3DJH 7XUQEXOO¶VHYDOXDWLRQRIWKLVSURSHUW\ZDVOLPLWHGWRDJHHOLJLEOHUHVRXUFHVDERYHJURXQGDQGGLGQRW LQYROYHVXUYH\RUHYDOXDWLRQRIWKHVXEMHFWSURSHUW\IRUWKHSXUSRVHVRIDUFKDHRORJLFDOLQIRUPDWLRQ ,QFRQFOXVLRQ$GGLVRQ$YHQXHGRHVQRWDSSHDUWREHLQGLYLGXDOO\HOLJLEOHIRUOLVWLQJLQWKH&DOLIRUQLD5HJLVWHUXQGHUDQ\FULWHULD 2.d Packet Pg. 40 Attachment E Project Plans During the ongoing Shelter-in-Place, project plans are only available online. Directions to review Project plans online: 1.Go to: https://www.cityofpaloalto.org/news/displaynews.asp?NewsID=5151&TargetID=319 2.Scroll down to find “2nd Submittal – Project Plans 02/03/2021” and click the link 3.On this project specific webpage, you will find a link to the project plans and other important information Direct Link to Project Webpage: http://bit.ly/181AddisonPPMEV 2.e Packet Pg. 41 %OGJ 3HQLQVXOD&UHDPHU\ +HLQLFKHQVB*DUDJH %OGJ +,*+675((7 5$021$675((7 /,1&2/1$9(18( /,1&2/1$9(18( 5$0 21$675((7 (0(5621675((7 +,*+675((7 (0%$5&$'(5252$' (0(5621675((7 (0(5621675((7 +2 0(5$9(18( (0(562 %5<$17 6&277675((7 $'',621$9(18(%5< $17675( (7 %5<$17675((7 $'',621$9(18( /,1&2 5$021$675((7 5$ 021$675( (7 :$9( /$1(%($67 /$1('($67 /$1(':(67 /$1(($67 (0(5621675((7 (0(5621675((7 +,*+675((7 +,*+675 ((7 $/0$675((7 $/0$675((7 $/0 $675((7 &+$11,1*$9(18( $'',621$9(18( (1&,1$$9 (18( /$1(: (67 /$1($: (67 /$ 1(%:(67 &+$11,1*$9(18( CC RM-20 R-1 PC-370 RT-35 PC- 4389 CS DHSCD-S(P)AMF RT-50 RT-35 35 R-2 RT-50 PC-4779 7KLVPDSLVDSURGXFWRIWKH &LW\RI3DOR$OWR*,6 7KLVGRFXPHQWLVDJUDSKLFUHSUHVHQWDWLRQRQO\RIEHVWDYDLODEOHVRXUFHV Legend DEF .QRZQ6WUXFWXUHV =RQH'LVWULFWV abc =RQH'LVWULFW1RWHV &XUE(GJH DEF 'LPHQVLRQV$3 +LJKOLJKWHG)HDWXUHV :DWHU)HDWXUH 5DLOURDG abc =RQH'LVWULFW/DEHOV %XIIHU 18 1 A d d i s o n A v e w / 5 0 0 ' B u f f e r Hi g h l i g h t e d F e a t u r e s a r e l o t s wi t h i n t h e R - 1 & R - 2 D i s t r i c t s an d s u b j e c t t o 6 0 ' f r o n t a g e s t a n d a r d CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 7KH&LW\RI3DOR$OWRDVVXPHVQRUHVSRQVLELOLW\IRUDQ\HUURUVWR&LW\RI3DOR$OWR GFRQGLW??FFPDSV?(QFRPSDVV?$GPLQ?3HUVRQDO?GFRQGLWPGE 2.f Packet Pg. 42 Planning & Transportation Commission Staff Report (ID # 12134) Report Type: Study Session Meeting Date: 3/31/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Commercial Parking Enhancements and the Draft Palo Alto Parking Action Plan Title: Review and Discussion of Proposed Commercial Parking Enhancements and the Draft Palo Alto Parking Action Plan From: Philip Kamhi Recommendation Staff recommends that the Planning and Transportation Commission provide feedback on planned commercial parking enhancements in the University Avenue and California Avenue commercial parking districts, as well as on related community engagement plans. Executive Summary Chief among planned commercial parking enhancement strategies is the opportunity to engage the community to develop a performance pricing-based commercial pilot. Performance pricing utilizes pricing to reliably secure parking availability and turnover in popular locations. In Seattle, where performance pricing is utilized on select blocks, on-street curb space hourly meter prices can vary month to month, increasing or decreasing according to known pre-set parameters that follow usage trends. The hourly rate on any particular block is raised or lowered by 50 cents an hour depending on the previous month’s occupancy rates (below 75%, the price is lowered; above 85%, the price is raised). If the occupancy rate lands in the desired 75% to 85% range, the price remains the same. In Palo Alto, a performance pricing approach could entail permit allowances or pricing raising or lowering in specific zones, lots, or garage floors, depending on pre-set occupancy metrics, in line with the needs of select blocks or zones. Staff propose scoping out pricing policy options through a commercial pilot & community engagement process. Through community engagement to develop a pilot project and approach, the City and stakeholders can explore which options for moving forward are most reflective of the City’s parking goals. Existing contracts for services provide key provisions necessary for continuing the 3 Packet Pg. 43 City of Palo Alto Planning & Development Services Department Page 2 planning and implementation process. Significant community input is needed to scope out individual, viable options, and to model financial implications. Background and Context City of Palo Alto parking planning efforts in recent years have called into question the efficacy of the City’s commercial district parking programs. The current 2 hour on-street and 3-hour off- street parking regulations in the commercial districts, including the Downtown’s color zone system, poorly manage peak parking demand. This leads to parking congestion and related impacts in popular locations. Additionally, the current permit parking systems anticipate employee permit parking demand as known and static, averaging overall a daily 60% average show rate in City garages and lots. Over time, the City has adjusted permit sale allowances in these districts to account for this average 60% show rate, but due to the COVID-19 pandemic and shelter in place order—which decreased employee-based trips to Palo Alto—employee permit demand changed dramatically in 2020. Demand may continue to evolve over time as many former commercial district employees may not return to 40 in-office hours a week immediately or ever. Further, new district employees may have different parking needs that are unserved by current parking regulations and permit products. Finally, free parking (limited to 2-hours and 3-hours) has been a straightforward way to advertise visitor and guest friendliness. As much as possible, commercial enhancements proposed by staff will need to be as understandable and easy to read to guests and visitors as the current time limits. Parking Work Plan items and Parking Action Plan implementation strategies While many of the recommendations of previous parking reports and studies have been planned as long-term items to be addressed in the City’s Parking Work Plan (Attachment A), the economic impacts of the COVID-19 pandemic have pushed staff to accelerate several strategies and initiatives in order to mitigate current financial and administrative difficulties more quickly. The City is currently engaged in developing an online Parking Action Plan to summarize the results and efforts of several years of parking planning efforts in the City, and to coalesce community engagement into active implementation strategies. 3 Packet Pg. 44 City of Palo Alto Planning & Development Services Department Page 3 Palo Alto Action Plan graphic The Office of Transportation is currently focused on the following parking implementation strategies to advance Parking Work Plan items. These strategies will be formulated, advanced, and adjusted over time to align with adopted and approved City Council parking policies, and will be available for review and input on the City’s Parking Action Plan webpage. More on the City’s development of the Parking Action Plan follows this brief summary list of current, prioritized implementation strategies and next steps. Current Prioritized Parking Implementation Strategies 1.Continue to develop and implement Parking Work Plan identified Residential Parking Permit (RPP) improvements and community engagement efforts, focused on: xMonthly resident-focused update meetings, with additional focus groups and customer feedback surveys xDeveloping strategies to decrease the number of employee permits sold in the Downtown and Evergreen-Park Mayfield RPP districts, in favor of utilizing public garages and lots for employee use xDeveloping virtual permit options for RPP customers (to implement several recommendations in the Parking Work Plan) 2.Resume normal operations and permit sales cycles as soon as possible. xOn-street enforcement in commercial and residential districts to resume May 3 xOff-street enforcement in garages and lots to resume approximately one month after state and county COVID-19 color tiered restrictions have been rescinded 3.Implement Automated License Plate Reader enforcement and establish parking availability rates in the RPPs. xALPR enforcement in select districts to begin Fall 2021 / Winter 2022 xFall 2021 through Spring 2022 permit cycles - initial parking availability data to be collected xSummer and Fall 2022 - community engagement to establish parking availability rates 3 Packet Pg. 45 City of Palo Alto Planning & Development Services Department Page 4 4.Develop and pilot new commercial parking regulations, to potentially include mobile payment options, virtual permit options, and/or hourly performance pricing rates in select popular parking locations. xSpring 2021 – initial community engagement and municipal code review to scope out options: 5.Develop and build out a City of Palo Alto Parking Action Plan as a living document on the City website, to center and cultivate community engagement with and ownership of the City’s ongoing parking implementation strategies. Strategies, with scheduled milestones, opportunities for feedback, and staff updates, will be provided online with at least monthly updates. Palo Alto Parking Action Plan The online Palo Alto Parking Action Plan is being developed as a transparent, customer and data centric tool for communicating the City’s current comprehensive parking strategies for developing parking policy and implementation plans in the City of Palo Alto, coordinated by the Office of Transportation. The overarching goal of the online content is to invite and collect specific and regular community feedback on prioritizing parking work plan items and recommended next steps. Goals for the Palo Alto Action Plan include increasing transparency, adopting a data-driven approach to policy development, centering customer and stakeholder experiences of parking and transportation issues, and prioritizing sustainability. From the Palo Alto Action Plan draft principles and vision: Transparent: Parking management strategies will be implemented incrementally through a transparent process that incorporates feedback from the community to ensure that solutions are equitable and tailored to meet the needs of residents, business owners, employees, and visitors. Data-Driven: Policies will be adjusted periodically based upon parking industry standards and ongoing data collection. Data-driven decisions will allow the City to optimize parking operations and make strategic investments. Customer Service: Since the parking experience can be the first and last impression that someone has when visiting Palo Alto, it’s important to implement strategies that enhance this experience by making parking easy to find, accessible, safe, and affordable. Parking technology can be leveraged by business owners to provide incentives and promotions to their customers to use parking as a customer service tool and support economic vitality. Sustainable: Financial and environmental sustainability are important elements of the City’s parking program. Strategic and cost-effective investments in parking technology can be sustained by forecasted parking revenue, while promoting alternative modes of transportation can reduce greenhouse gas emissions, mitigate parking demand, and avoid costly investments in additional parking supply. 3 Packet Pg. 46 City of Palo Alto Planning & Development Services Department Page 5 Discussion While the economic impacts of the COVID-19 pandemic have dramatically reduced parking demand in Palo Alto parking districts, on-street commercial curb spaces and certain off-street parking spaces remain more popular than others. Specific blocks and lots in the most easily accessible locations prove difficult to find parking availability in (at times of peak demand), while nearby garage parking spaces may be plentiful but unutilized, as their use is unincentivized. Investment in wayfinding guidance and better advertising of garage parking availability (see the Automated Parking Guidance System project, and Parking Work Plan items) will increase utilization of parking supply investments, but do not address the need to have better tools for managing parking demand. Without parking management intervention, driver searching and re-parking behaviors (drivers circling in search of free on-street space and moving one’s vehicle every two hours to avoid employee permit fees and $25 daily fees) will continue to create congestion at future peak demand times on heavily visited commercial blocks. Performance pricing of the most popular parking spaces will provide numerous benefits to multiple stakeholder groups. Performance pricing is in line with industry best practices. Combining performance pricing with City efforts to improve parking wayfinding guidance through the APGS project in City-owned garages will give City staff tools to reduce traffic congestion caused by drivers searching for parking spaces. With new revenue streams potentially created from parking pricing, the City may be able to fund tools to encourage alternative modes of travel, including transit, walking, and bicycling. These alternative modes align with City sustainable transportation goals. In Palo Alto, the City could—for example—charge for the most popular on-street parking spaces, while allowing garages and lots to remain free for 2 hours or 3 hours. This encourages visitors to commercial districts to go to the garage instead of circling around in search of on- street parking. The following are some ways the City could pilot performance pricing. The Office of Transportation will work with stakeholders, including residents and businesses, to get feedback on these options. Staff seek the PTC’s feedback on these options as well as any suggestions regarding garnering community feedback. Potential future enhancements for moving forward include the following possibilities. Staff invites feedback and input on these potential strategies: xPilot hourly rates – These could be trialed in either the most popular locations or blocks to start, with to be determined partner technology (a Request For Information process would be initiated), or in select garage spaces (powered by Indect automated parking guidance systems procured in the new California Ave. garage and planned for select Downtown garages, as well). xHourly time extension options – The ability to purchase hourly time extension beyond current 2 and 3-hour limits, but without immediately jumping to the daily $25 rate, 3 Packet Pg. 47 City of Palo Alto Planning & Development Services Department Page 6 could be advantageous. This pricing could escalate in price severity over the course of a day, capped at $25 daily for a stay of 5 to 6 hours or more. xCustomer-centric approaches – These involve parking fee validations or other programmatic interventions that cater to specific user groups and customers. Timeline As outlined in the Parking Work Plan, staff will be engaging regularly with the PTC, City Council, and interested stakeholders over the remainder of this fiscal year through Fiscal Year 2021-22. Resource Impact The recommendations in this report, including those in the Parking Action Plan, may have financial implications. Resource impacts are dependent on policy decisions that will be discussed throughout this process. Potential future enhancements for moving forward will be aligned with previously budgeted parking planning services underway, proportionately paid out of each of the City's commercial and residential parking funds. Staff are developing revenue and expense estimates of policy decisions and proposals to define the relationships between parking funds to potentially allow for greater flexibility in the City’s overall parking system. As policy direction is provided, any corresponding budgetary information and recommendations will be brought forward as appropriate. Policy Implications Regulating parking is consistent with the City’s three-pronged approach to reduce traffic and parking demand and to manage parking within the Downtown core. In addition, the programs discussed in this report address the following existing Comprehensive Plan policies, goals and programs: xPolicy T-1.1 Take a comprehensive approach to reducing single-occupant vehicle trips by involving those who live, work and shop in Palo Alto in developing strategies that make it easier and more convenient not to drive. xGoal T-5 Encourage attractive, convenient, efficient and innovative parking solutions for all users. xPolicy T-5.2 Continue to implement a comprehensive program of parking supply and demand management strategies citywide to optimize the use of existing parking spaces. xProgram T5.2.1 Use technology to help identify parking availability and make it easy to pay any parking fees. xProgram T5.2.2 Study and implement pricing strategies for public parking in commercial districts, taking into consideration both employee parking demand and the needs of retailers and customers. Use pricing to encourage short term parking on street, long term parking in parking garages and the use of alternative modes of transportation. 3 Packet Pg. 48 City of Palo Alto Planning & Development Services Department Page 7 xProgram T5.2.3 Implement Council-adopted recommendations from the parking management study for the Downtown area, which address the feasibility of removing color-coded parking zones, and dynamic pricing and management policies to prioritize short term parking spaces closest to the commercial core for customers, garage parking for employees and neighborhood parking for residents. xPolicy T-5.3 Work with merchants when designating dedicated employee (long term) parking areas in public parking lots and garages xPolicy T-5.5 Minimize the need for employees to park in and adjacent to commercial centers, employment districts and schools. xPolicy 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. xPolicy B-1.2 Promote Palo Alto’s image as a business-friendly community. Assume an active role in fostering businesses, including small start-ups, entrepreneurs, and innovative businesses. xPolicy B-1.3 Engage with all stakeholders in the community, including businesses of all sizes, local retailers, the public, and City decision-makers in order to understand the challenges businesses and employers face. xPolicy B-2.3 Recognize that employers, businesses and neighborhoods share many values and concerns, including traffic and parking issues and preserving Palo Alto’s livability, and need to work together with a priority on neighborhood quality of life. xPolicy B-3.3 Develop strategies for promoting businesses and employers that generate revenues that will support a full range of high-quality City services, including retain and attract revenue-generating businesses. xPolicy B-4.2 Attract and support small businesses, start-ups, non-profit organizations, and professional services, which are vital to a diverse and innovative economy. xPolicy B-6.1 Support and enhance the University Avenue/ Downtown area as a vital mixed use area prioritizing retail, personal service, small office, start-ups, restaurant, residential and arts and entertainment uses. Recognize the importance of an appropriate retail mix, including small local businesses, to the continued vitality of Downtown. xProgram B6.1.1 Actively work with Downtown businesses, professional associations and 3 Packet Pg. 49 City of Palo Alto Planning & Development Services Department Page 8 the Palo Alto Chamber of Commerce to retain successful retail businesses that contribute to the City’s goals for Downtown. Stakeholder Engagement Staff will continue to conduct community/stakeholder engagement throughout the development of improvements to the parking programs, as described in the current prioritized parking implementation strategies section above. Environmental Review Providing feedback as recommended in this report is not a project under CEQA and review is not required at this time. Report Author & Contact Information PTC[1] Liaison & Contact Information Nathan Baird, Parking Manager Rachael Tanner, Assistant Director (650) 329 2340 (650) 329-2167 Nathan.Baird@CityofPaloAlto.org rachael.tanner@cityofpaloalto.org Attachments: xAttachment A: Parking Work Plan 2021.03.24 (PDF) [1] Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 3 Packet Pg. 50 Attachment A: Parking Work Plan Summary of Recommendation (See Column C for full text): FULL MRG RECOMMENDATION TEXT Prioritized Action for Progress (City Council, City Manager, PTC) LAST UPDATED: 3/24/2021 1 New comprehensive parking permit and citation management system. Improve Parking Permit Management System – A contract should be approved to develop, implement, support and maintain a new comprehensive parking permit and citation management system. This contract is expected to be presented to the City Council in FY 2018-19. City Council – Action by City Council IN PROGRESS: (add council links) 2 Study Downtown for options for new commercial pricing models. Create public roadmap to build community support. Conduct Downtown Parking Operational Study – A contract (amendment) should be approved that provides the information and specific steps needed to move the City forward from a parking program built around a rigid system of pre-paid permits to a program built around the dynamic monitoring of usage and the application of pricing. It would also provide a roadmap to build community support for this effort. This contract is expected tobe presented to the City Council in FY 2018-19. City Council – Action by City Council STUDY COMPLETE: (Link to Downtown Study). IN PROGRESS: Create public roadmap to build community support. See online Palo Alto Action Plan. 3 PTC review. The engagement of the community in making modifications to the Program is imperative and could occur through the Planning and Transportation Commission or, as the City did five years ago, through a working group. To be effective, the City Council should be clear on the effort’s purpose, scope of work, parameters, and schedule. There are nine recommendations in this report that are identified to be referred to the Commission/Group. If a working group is selected, the membership should not exceed 12 individuals. City Council – Action by City Council IN PROGRESS: Staff will convene review and feedback from both the PTC and local stakeholders. 4 Add Parking Manager. Increase Staff Resources – The City should add a Parking Manager to the Office of Transportation to meet the existing workload and to manage the improvements needed to move parking services forward. This proposal is expected to be presented to the City Council as part of the Proposed Operating Budget for FY 2019-20. City Council – Action by City Council COMPLETED: nathan.baird@cityofpaloalto.org 5 Amend National Citizen Survey to ask opinion of RPP Program. Amend the National Citizen Survey – To measure the long-term effectiveness of the RPP Program, consider adding a question to the annual National Citizen Survey (Palo Alto Community Survey Supplement) to obtain the opinion of the City’s households (28% of all households) about the Residential Preferential Parking Program. City Council – Action by City Council NEXT STEP TBD 6 OOT update of codes and guidelines. Update Codes and Guidelines – The following regulations should be updated to reflect the changes in staff authority and responsibility with the establishment of the Office of Transportation (a) Chapter 10.50 of the Palo Alto Municipal Code, and (b) the Residential Permit Parking Administrative Guidelines. City Manager – Action by City Manager and Return to City Council as Needed IN PROGRESS: (Dixon contract link) 7 Clarify Downtown RPP boundary. Clarify the Downtown Residential Permit Parking District Boundary – Remove the ambiguity in the Resolution that adopted the boundary of the Downtown Residential Permit Parking District that does not appear to include the Downtown commercial area. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 8 Advertise available employee parking spaces. Communicate Availability of Employee Parking Spaces – The availability of employee parking permits in underutilized RPP zones should be communicated to employees who have been denied spaces in their preferred zone. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 9 Advertise available Downtown reserved spaces. Communicate Available Downtown Reserved Parking Spaces – The availability of reserved spaces in the Downtown garages and lots should be communicated to employees who have been denied spaces in their preferred garages or lots. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 10 Improve website. Improve Parking Website – The City of Palo Alto parking website should be updated to ensure it is complete, user-friendly and intuitive. City Manager – Action by City Manager and Return to City Council as Needed IN PROGRESS: New City website launches March 23?, 2021 11 Evaluate preference for "Neighborhood Serving Business" parking needs. Evaluate “Neighborhood Serving Businesses” – Giving “neighborhood serving businesses” a preference in obtaining employee parking permits should be reviewed by the City Administration to determine its policy, administrative, and legal implications. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 12 Reserved spaces.Examine Purchase of Reserved Parking Spaces by Businesses Located Outside of a Business District – The City Administration should determine the ability of employees of a business located outside of a business district that helped to fund a garage, to purchase reserved parking spaces in that garage. City Manager – Action by City Manager and Return to City Council as Needed IN PROGRESS 3.a Packet Pg. 51 13 Measure TDM outcomes. Measure the Performance of Transportation Demand Management Initiatives – The efforts of the Transportation Management Association and the City’s Shuttle Service should ultimately result in a reduction in the number of employees and business patrons who would otherwise need parking spaces. Outcome-based performance measures should be designed and utilized to determine the effectiveness of these efforts and to guide the direction of these services. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 14 Evaluate shared rides for relieving parking demand. Evaluate Impact of Shared Rides – Evaluate the existing and potential use of services like Uber and Lyft to reduce the demand for parking as well as the impact on traffic. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 15 Reparking regulation signage. Determine Best Reparking Regulation – Re-evaluate the value of trying to explain to motorists the meaning of the term “Initial” as it relates to the reparking of a vehicle versus the confusion created by the attempt to explain the term, and consider alternatives, such as “No same day reparking.” City Manager – Action by City Manager and Return to City Council as Needed IN PROGESS: City council link for McGuire contract 16 Daily permit option needs to be improved. Improve Process to Purchase Daily Permits – In the near-term, until a paid hourly system is implemented, the purchase of daily permits should be improved in terms of communications with the public, access to pay-on-foot, and multi-day permits. City Manager – Action by City Manager and Return to City Council as Needed IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 17 Consider paid hourly parking.Consider Paid Hourly Parking – A plan should be developed to initiate a paid parking program in the City’s garages and lots. A paid parking program could retain the initial three hours’ parking in garages to be free and set a reasonable fee above that time, versus the current jump to $25 after three hours. This recommendation could be incorporated with recommendation #2, above. City Manager – Action by City Manager and Return to City Council as Needed IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 18 Garage and lot payment schedule. Change Payment Schedule for Reserved Parking in Garages and Lots – The 3-, 6-, and 12-month pay in advance permit system should be replaced with a monthly payment system that would be more amendable to the parker, and eliminate the accounting associated with the reimbursement of early termination. City Manager – Action by City Manager and Return to City Council as Needed IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 19 Customer driven measurements of quality of service. Institute a Performance-Driven System – A performance metric should be established that measures the user’s perception of the quality of service to identify areas where corrective actions are needed, and which is used to take appropriate actions. City Manager – Action by City Manager and Return to City Council as Needed IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 20 Routinely check qualifications of permit holders. Maintain Integrity of Program – The City should routinely check the qualifications of permittees and the uses of permits. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 21 Process new permit parking districts. Process Applications for New Residential Permit Parking Districts – Processing the proposals by the Old Palo Alto Neighborhood and the Green Acre Neighborhood should move forward pursuant to the schedule identified in Chapter 10.50 of the Palo Alto Municipal Code, subject to the availability of adequate resources. City Manager – Action by City Manager and Return to City Council as Needed COMPLETE: Old Palo Alto RPP was approved by Council (link). NEXT STEP TBD 22 Add new requests to backlog of work. Treat Requests for Annexations Like Other Requests for Service – The request to annex an area on the west side of El Camino between Stanford Avenue and Park Boulevard into the Evergreen Park- Mayfield RPP District should follow the provisions in the RPP Ordinance and the RPP Administrative Guidelines and should be placed into the backlog of work to be performed by parking services. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 23 Stanford game day time limits to add to EPM RPP district, when possible. Minor Modifications to a Residential Permit Parking District – Because all changes in an RPP district may have unintended consequences and therefore warrant an appropriate level of evaluation, requests for modifications to an RPP district should be placed into the backlog of work to be performed by parking services. Two examples of this type of request include extending the days that parking time limits apply in the Evergreen Park-Mayfield RPP District to include those days games and other major events are held at Stanford University; and extending the duration of the parking time limits in the Downtown RPP zones near the commercial areas to curtail non-permitted employee parking. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 24 Evaluate consolidating parking compliance functions. Evaluate Consolidation of Parking Compliance Functions – The consolidation of the parking compliance functions in the Police Department and the Office of Transportation should be evaluated. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 25 Review citation fees Review Parking Citation Fees – The fee schedule for parking infractions should be reviewed on a regular basis as part of the Master Fee schedule. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 3.a Packet Pg. 52 26 Subsidize RPP Program appropriately. Review the Level of Funding Subsidy of the Residential Permit Parking Program – A review of the expenditures and revenues for the Residential Permit Parking Fund should be performed to ensure the level of support from the General Fund is appropriate. City Manager – Action by City Manager and Return to City Council as Needed NEXT STEP TBD 27 Establish "Parking Availability Standards" Establish “Parking Availability Standards” – Parking availability standards should be established for the Downtown, Evergreen Park- Mayfield, and Southgate Residential Permit Parking Districts considering the residents’ perceptions of the impact of parking availability on their quality of life. Changes in the number of employee permits and boundaries of existing RPP districts should be deferred until parking availability standards are approved by the City Council. Community Engagement – Obtain Community Input and Return to City Council with Recommendations IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 28 Reduce availability of employee RPP permits. Establish Approach to Reduce Employee Parking Permits – Develop a “quid-pro-quo” approach to reduce RPP employee permits where the addition of “employee spaces” in garages and lots triggers the reduction of RPP employee parking permits. Community Engagement – Obtain Community Input and Return to City Council with Recommendations IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 29 auto renewal option Provide Automatic Renewal for Employee Parking Permits – To avoid the mad dash to obtain a permit at the twice-a-year sale event, the City should consider providing for the automatic renewal of employee parking permits and the ability of applicants to be on a wait list. Community Engagement – Obtain Community Input and Return to City Council with Recommendations IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 30 monthly payment Change Payment Schedule for Employee Parking Permits – The six- month pay in advance permit system should be replaced with a monthly payment system that would be more amendable to the parker and provide greater equity for employees whose duration of employment is less than six months. Community Engagement – Obtain Community Input and Return to City Council with Recommendations IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 31 Increase cost RPP employee permit over garage & lot permits Increase Cost of Employee Parking Permits – Consideration should be given to increase the cost of an RPP employee parking permit so that it is greater than the cost of a reserved space in a garage or lot, in order to incentivize parkers to choose off-street parking over on- street parking. Community Engagement – Obtain Community Input and Return to City Council with Recommendations IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 32 standardize employee permit costs Standardize Cost of Employee Parking Permits – The cost of employee parking permits between the RPP districts should be the same, unless there are extenuating circumstances. The cost of a six- month employee parking permit is $74.50 in the Southgate District; $187.50 in the Evergreen Park-Mayfield District; and $375.00 in the Downtown District. Community Engagement – Obtain Community Input and Return to City Council with Recommendations NEXT STEP TBD 33 $15 monthly reduced price employee permit for low-income employees Change Payment Schedule and Increase Cost of Reduced-Price Parking Permits – The reduced-price parking permit is designed to support low-income employees (e.g. $50,000 or less annual income). When a monthly payment system is available, the cost of the permit should be at least $15.00 per month, which is less than $1 per day for a full-time employee. This amount is less than an outlay of $50 for the current six-month permit, and for some employees may be preferable. Community Engagement – Obtain Community Input and Return to City Council with Recommendations NEXT STEP TBD; MODIFIED IN PROGRESS: Develop new low- income permit option for commercial districts, which do not currently have such an option. 34 standardize # of resident permits, cost of resident permits, availability of single-day permits Remove Inconsistences Between Districts – Inconsistencies between Residential Preferential Permit Parking districts should be eliminated, unless there are extenuating circumstances. The inconsistences include, but are not necessarily limited to, the number of resident permits, the cost of resident permits, and the number of single-day permits. Community Engagement – Obtain Community Input and Return to City Council with Recommendations IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. 35 review renewal dates Review Renewal Dates – The renewal dates for residential and employee permits should be reviewed to determine the most efficient schedule for the City to administer that is still convenient for users. Community Engagement – Obtain Community Input and Return to City Council with Recommendations IN PROGRESS: See online Palo Alto Action Plan and current Implementation Strategies. www.cityofpaloalto.org/parking 3.a Packet Pg. 53 Planning & Transportation Commission Staff Report (ID # 12044) Report Type: Action Items Meeting Date: 3/31/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Alma Street and Churchill Avenue Safety Improvement Project Title: Review and Discuss Two Concept Plan Alternatives for Improvements to the Alma Street and Churchill Avenue Intersection and Recommend a Preferred Alternative to City Council From: Philip Kamhi Recommendation Staff recommends that the Planning and Transportation Commission review the two concept plan alternatives for improvements to the Alma Street and Churchill Avenue Intersection and recommend a preferred alternative to the City Council. Executive Summary The California Department of Transportation Division of Rail, in cooperation with the Peninsula Corridor Joint Power Board (also known as Caltrain or JPB) and the City of Palo Alto, proposes a railroad crossing improvement project at Churchill Ave in Palo Alto. The intersection was identified for safety improvements as part of Section 130 federal funding for hazard elimination on the railroad crossing. The final recommendations of the California Public Utilities Commission (CPUC) Rail Crossing Engineering Section staff for purposes of itemizing the safety improvements to be funded under the Section 130 program for the above noted at-grade railroad crossing, was developed by a diagnostic team. The diagnostic team analyzed the existing situation with respect to vehicular travel, bicycle travel, pedestrian pathways, and rail traffic, and determined that the identified improvements will improve safety and that these improvements are 100% funded by the Section 130 Program. The Peninsula Corridor Joint Powers Board (JPB) and the City will be required to coordinate their respective work items. In August 2019, the California Department of Transportation’s (Caltrans) Division of Rail and Mass Transportation executed a Service Contract No. 75LX335, with the City of Palo Alto. This 4 Packet Pg. 54 City of Palo Alto Planning & Development Services Department Page 2 was regarded as Notice to Proceed for the City to complete the work as outlined in the Service Contract. In September 2020, City Council authorized a contract with BKF Engineers to prepare plan line concepts, final design plans, permits, and construction documents for improvements to the intersection of Alma Street and Churchill Avenue. The objectives of the project are to improve the safety, efficiency, and experience of the intersection and rail crossing for pedestrians, bicyclists, and motorists. As per the scope of improvements listed in the Service Contract with Caltrans, BKF Engineers in consultation with City staff, developed two alternative concept plans as shown in Attachment B and as described below: xAlternative 1 includes installation of a traffic pre-signal, relocation of some traffic signals, replacement of the existing pedestrian crossing markings, reconstruction of pedestrian curb ramps, widening pedestrian sidewalks at the northeast and northwest corners of the intersection, additional bike lane markings at the east and west of the intersection, relocation of pedestrian emergency gates, extension of pedestrian railroad gate arm, and installation of additional concrete walkway area at the northwestern pedestrian railroad crossing. xAlternative 2 includes all of the improvements listed in Alternative 1 with the addition of the removal of the right turn only lane from southbound Alma to westbound Churchill, allowing for the construction of additional concrete pedestrian area at the northwest corner of the intersection, the construction of green infrastructure at the location of the existing right turn lane, and the increase in lane widths on Alma Street north of the intersection. The second through southbound lane will be converted to a shared through-right turn. Background The intersection of Alma Street and Churchill Avenue is situated in a key location due to its proximity to an active railroad, Palo Alto High School, and a separated bike path. This intersection has been an area of concern due to the high volumes of vehicular, bicycle, and pedestrian traffic that occurs predominantly around the morning and afternoon commutes as students are traveling to and from school. The Railway-Highway Crossings (Section 130) Program overseen by The US Department of Transportation Federal Highway Administration (FHWA) provides funds for the elimination of hazards at railway-highway crossings. The Section 130 Program has been correlated with a significant decrease in collisions and fatalities at railway-highway grade crossings. The Section 130 program funds are eligible for projects at all public crossings including roadways, bike trails, and pedestrian paths. On September 28, 2020, the City Council authorized a contract with BKF Engineers for the Churchill Avenue and Alma Street Railroad Crossing Safety Improvement Plan, which includes preparation of concept plans, final design plans, and construction documents, for intersection improvements at Churchill avenue and Alma Road. Improvements include, but are not limited 4 Packet Pg. 55 City of Palo Alto Planning & Development Services Department Page 3 to, traffic signal modifications, sidewalk widening, high-visibility crosswalks, signing and striping, and pedestrian railroad crossing improvements. Concurrently with the above described City project, JPB is developing project plans for improvements within their right of way at this intersection. JPB and the City are coordinating the improvements at the intersection to ensure that each entity’s respective work items are compatible. JPB will be responsible for the majority of the construction and improvements within their right of way, and the City will manage the construction and improvements within the City’s right of way. Attachment F shows the City’s and JPB’s limits of work for each alternative concept plan. Discussion Initial Conceptual Design A diagnostic team comprising of staff from CPUC, Caltrans, JPB, and the City of Palo Alto developed the initial scope of work for the project as detailed in the City’s contract with Caltrans. The specific scope of work is limited to: •Installation of a traffic signal pre-signal •Modification of existing traffic signals including oRelocating traffic signals oReplacing traffic signal poles and heads oUpdating the phasing and timing of the intersection •Replacement of the existing pedestrian crossing markings •Reconstruction of pedestrian curb ramps •Widen pedestrian sidewalks at northeast and northwest corners of the intersection •Extension of pedestrian sidewalk gate mast arm •Relocation of pedestrian emergency access swing gate •Installation of concrete panels at the pedestrian railroad crossing •Install new street lighting •Relocation of utilities as necessary Using the scope of improvements outlined in the contract with Caltrans, BKF Engineers in consultation with City staff created a conceptual plan showing two alternatives (see Attachment A, January 12, 2021 Conceptual Plan Exhibit). Alternative 1 proposes: •Installation of a traffic signal pre-signal •Relocation of traffic signals •Replacement of the existing pedestrian crossing markings •Reconstruction of pedestrian curb ramps •Widened pedestrian sidewalks at the northeast and northwest corners of the intersection 4 Packet Pg. 56 City of Palo Alto Planning & Development Services Department Page 4 Alternative 2 proposes all the improvements of Alternative 1 with the addition of the removal of the right turn only lane from southbound Alma to westbound Churchill and changing the outer through lane to a through and right turn lane. The removal of the right turn lane results in: •The construction of additional pedestrian queuing space at the northwestern corner of the intersection •The reduction on the length of the pedestrian crosswalk from the northeastern corner to the northwestern corner •The ability to widen the existing vehicle lanes on Alma west of the intersection to meet City standards •The construction of green infrastructure in the location of the existing right-turn lane Traffic Study Hexagon Transportation Consultants prepared a traffic analysis of Alma Street and Churchill Avenue intersection titled “Traffic Analysis of Potential Alma Street/Churchill Avenue Railroad Crossing Safety Improvements” in February 2021. This memo is included in this report as Attachment C. The memo analyzed the performance of the intersection in the existing condition, in the proposed alternative one condition, in the proposed alternative one condition with signal timing improvements, and in the proposed alternative two conditions with signal timing improvements. Observed Existing Traffic Conditions As part of the project concept development, Hexagon observed existing traffic conditions and utilized existing (pre-pandemic) data at the project study location, during AM and PM peak periods. They identified several operational issues, all of which are discussed below: AM Peak •Long vehicular queues were observed for the northbound left-turn movement on Alma Street and westbound Churchill Avenue. •Vehicles in the northbound left-turn lane frequently extended out of the left-turn pocket, into the adjacent through lane, because of signal preemption and school traffic. •Palo Alto High School is located on the northwest quadrant of Alma Street and Churchill Avenue, and during the school peak hour, which starts around 8 AM, it was observed that vehicular queues from Palo Alto High School frequently extended up to Alma Street. As a result, during some cycles, the northbound left-turning vehicles could not turn on green. •After signal pre-emption, vehicles in the northbound left-turn lane have to wait for approximately two minutes before receiving a green signal. As a result, queues for the northbound left-turn movement frequently extended past Tennyson Avenue and did not clear in one signal cycle. •Vehicular queues on westbound Churchill frequently extended past Emerson Street. No turn lanes are provided on westbound Churchill Avenue. Although through traffic is restricted during the AM school peak hour, the right turning traffic must yield to a high 4 Packet Pg. 57 City of Palo Alto Planning & Development Services Department Page 5 number of bicycles and pedestrians crossing the north leg of this intersection, resulting in long vehicular queues. PM Peak Hour • Long vehicular queues were observed on eastbound Churchill Avenue. • Queues frequently extended past Madrono Avenue due to signal preemption. Vehicular queues on eastbound Churchill Avenue could not clear in one signal cycle. After School Peak Hour • Based on the traffic counts, long vehicular queues exist on eastbound Churchill Avenue, which extend onto Paly Road because of school traffic leaving the school. Paly Road provides access to Palo Alto High School. Proposed Project Improvements The proposed railroad crossing improvements include the installation of a pre-signal on eastbound Churchill Avenue to prevent vehicles from queueing on the railroad tracks. The pre- signal would restrict vehicles from turning right on red and would potentially affect vehicular capacity at the Churchill/Alma intersection. The analysis of the installation of a pre-signal on eastbound Churchill Avenue showed that the delay for the eastbound approach would increase significantly during the analyzed time periods. However, with the implementation of improvements to the traffic signal operations, the analysis showed that the adverse effects to vehicular traffic from the pre-signal proposed railroad crossing safety improvements would be mitigated. Analysis of the alternative 2 concept that includes the elimination of the southbound right-turn lane on Alma Street in order to provide a larger waiting area for pedestrians and bicycles on the northwest corner of the Alma/Churchill Avenue intersection was performed. The analysis showed that this improvement would increase the delay for the southbound approach on Alma Street as the right-turns would occur from the outer through lane on Alma Street. However, with the implementation of the improvements to the traffic signal operations, the overall intersection delay during the peak hour periods would be lower than the delay in the baseline existing, and baseline electrification conditions. The table below, from the Traffic Analysis memo, summarizes AM, After School, and PM peak hour intersection delays and levels of service at the Alma/Churchill intersection under existing conditions and with the proposed safety improvements. 4 Packet Pg. 58 City of Palo Alto Planning & Development Services Department Page 6 Community Outreach and Project Coordination Various outreach and coordination meetings have been conducted to educate the community on project objectives, solicit site-specific feedback on existing issues, understand existing community concerns, and coordinate proposed improvements with entities that operate and oversee the nearby railroad facilities. Community Meeting #1 The first community meeting was held virtually on January 21, 2021 over Zoom which was attended by 28 people. Residents living within 1000 feet radius of Alma/Churchill intersection were notified of this meeting through a postcard. An ad was also published in the local newspaper one month before the meeting date. Meeting details were also posted on City’s social media sites such as Nextdoor and Facebook encouraging people to attend and/or send comments. The purpose of this virtual meeting was to introduce the project, present existing conditions, and receive feedback from the public on preliminary designs. A formal presentation of the project and two design alternatives was followed by a question-and-answer session during which attendees could share their questions and comments verbally or through the Q&A panel in Zoom. Polls were conducted to better understand how attendees currently use the intersection and which of the two preliminary designs they preferred. Staff received many constructive comments from the community. Most were related to specific bicycle and pedestrian improvements, safety, and overall connectivity. Below is a list of some of the concerns and questions that attendees expressed about the proposed project: • Some attendees were concerned that alternative 2 would prevent motorists from turning right from southbound Alma Street onto westbound Churchill Avenue. It was 4 Packet Pg. 59 City of Palo Alto Planning & Development Services Department Page 7 clarified that alternative 2 retains the ability for motorists to make a southbound right turn by providing a shared through/right turn lane. • Some attendees expressed concerns about the impacts of the Churchill Avenue pre- signal creating a traffic backup for eastbound Churchill Avenue to El Camino Real. It was noted that based on the traffic analysis, the net effect of the pre-signal in conjunction with various signal phasing and timing changes would be a significant potential decrease in overall delay at the intersection. • Attendees also had questions and comments regarding how the proposed changes will impact traffic within the intersection and along corridors adjacent to the intersection. At the end of the presentation and Q&A, the attendees were polled as to which alternative they preferred. Of the response received, 6 attendees noted that they would prefer alternative 1, and 4 attendees noted that they would prefer alternative 2. A full summary of the community meeting held on January 21, 2021 prepared by Callander Associates is included in this report as Attachment D. Pedestrian and Bicycle Advisory Committee (PABAC) Meeting #1 At the February 2, 2021 virtual PABAC meeting, the project team presented this project to the committee followed by an opportunity for the committee members to share their questions and comments. In addition to the questions shared during the meeting, the committee was encouraged to submit any follow-up questions or comments via e-mail to staff. Staff received many constructive comments from the committee. Most were related to specific bicycle and pedestrian improvements, safety, and overall connectivity. Below is a list of some of the concerns and questions that attendees had about the proposed project: • Some attendees were concerned that there are difficulties for bikers coming from school to continue east on Churchill Avenue on the correct side of the street with the normal flow of traffic. • Some attendees noted bike marking improvements, and signal timing improvements found at other locations in Palo Alto as a means to provide safer movements for bicyclists and pedestrians through the intersection. • Attendees expressed gratitude that the proposed project is moving forward due to the high volume of pedestrian and bicyclists that use this intersection. A full summary of the PABAC meeting held on February 2, 2021 prepared by Callander Associates is included in this report as Attachment E. City School Traffic Safety Committee Meeting (CSTSC) #1 At the February 18, 2021 virtual CSTSC meeting, staff presented this project to the committee followed by an opportunity for the committee members to share their questions and comments. In addition to the questions shared during the meeting, the committee was encouraged to submit any follow-up questions or comments via e-mail to staff. 4 Packet Pg. 60 City of Palo Alto Planning & Development Services Department Page 8 Staff received one comment in support for the addition of traffic pre-signal for eastbound traffic on Churchill Avenue. This pre-signal would reduce the number of vehicles waiting on tracks between signal times as witnessed several times by this attendee. Another comment received was to extend the clearance time for the tracks by increasing the yellow phase for eastbound traffic on Churchill. Stakeholder Meetings Since October 2020, the design team has been conducting monthly stakeholder check-in meetings to give the pertinent stakeholders an update on the project’s progress, and provide a forum for the design team, City, and stakeholders to discuss and coordinate the proposed improvements. The stakeholders that are involved with the monthly meeting include: • Design team - BKF Engineers, Hexagon Transportation Consultants, Callander Associates • The City of Palo Alto • Caltrans • The California Public Utilities Commission (CPUC) • Caltrain/JPB City staff has also been coordinating with another City project “Churchill Avenue Enhanced Bikeway project” which is currently underway and extends the bike path along Churchill Avenue from Castilleja Avenue/Paly Road to Stanford Perimeter Trail. In addition, the project includes safety improvements at the intersection of El Camino Real and Churchill Avenue and various improvements at intersections on Churchill Avenue from Castilleja Avenue to El Camino Real. Project limit for Churchill Avenue/Alma Street Railroad Crossing Safety Improvement project ends on Churchill Alma just east of Mariposa Avenue. Upon discussing with Caltrans during the stakeholder’s meetings and explaining the potential gap in paving for one block (on Churchill from Castilleja Avenue to Mariposa Avenue), Caltrans has agreed to extend the paving limits on Churchill Avenue until just east of Castilleja Avenue as a part of this project to match with Enhanced Bikeway project. Current Design Through input from the community, the stakeholders, and the City, the conceptual plan showing the two proposed alternatives were updated, see Attachment B March 11, 2021 Conceptual Plan Exhibit. The design revisions are implemented in both alternatives, and they include: • The addition of green pavement markings within the intersection indicating the path that bicyclists should take through the intersection. • The addition of green-painted bike lanes on Churchill Avenue west of the intersection in both directions to delineate the bike lanes. • The addition of “Keep Clear” markings at the railroad crossing for vehicles traveling in both directions. 4 Packet Pg. 61 City of Palo Alto Planning & Development Services Department Page 9 • The extension of the pedestrian gate arm to 15’ to allow for a wider pedestrian crossing area across the railroad. • The addition of a small concrete area at the location of the connection to the existing Embarcadero bike path to provide more connectivity from the bike path to the intersection crossing. • The widening of the curb ramp at the northwestern corner of the intersection to provide access to the pedestrian railroad crossing for a larger number of pedestrians. Policy Implications Goals and policies from the Palo Alto 2030 Comprehensive Plan that are supported and advanced by the proposed improvements include: Goal T-1 Create a sustainable transportation system, complemented by a mix of land uses, that emphasizes walking, bicycling, use of public transportation and other methods to reduce GHG emissions and the use of single-occupancy motor vehicles. Policy T-1.16 Promote personal transportation vehicles an alternative to cars (e.g. bicycles, skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops. Policy T-1.18 Increase cooperation with surrounding communities and other agencies to establish and maintain off-roadway bicycle and pedestrian paths and trails that are integrated with creek, utility, railroad rights-of-way and green spaces in a manner that helps enhance and define the community and avoids environmental impacts. Policy T-1.19 Provide facilities that encourage and support bicycling and walking. Goal T-3 Maintain an efficient roadway network for all users. Policy T-3.2 Enhance connections to, from and between parks, community centers, recreation facilities, libraries and schools for all users Policy T-3.5 When constructing or modifying roadways, plan for use of the roadway by all users. Policy T-3.6 Consider pedestrians, bicyclists, e-bikes and motorcycles when designing road surfaces, curbs, crossings, signage, landscaping and sight lines. Policy T-3.14 Continue to prioritize the safety of school children in street modification projects that affect school travel routes, including during construction. 4 Packet Pg. 62 City of Palo Alto Planning & Development Services Department Page 10 Policy T-3.17 Until grade separation is completed, improve existing at-grade rail crossings to ensure the highest feasible level of safety along the corridor and provide additional safe, convenient crossings GOAL T-6 Provide a safe environment for motorists, pedestrians and bicyclists on Palo Alto streets Policy T-6.1 Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle and automobile safety over motor vehicle level of service at intersections and motor vehicle parking. Policy T-6.3 Continue to work with Caltrain to increase safety at train crossings, including improving gate technology and signal coordination. Resource Impact Funding for improvements to the Alma Street and Churchill Avenue intersection is provided through the approved Churchill Avenue/Alma Street Railroad Crossing Safety Improvements Capital Improvement Project CIP-20000. This railroad crossing intersection was identified through the Federal Section 130 funds, a federally funded program administered by the states (Caltrans administers this is in California), for increasing safety at at-grade highway-rail crossings. As per the agreement between the City of Palo Alto and the California Department of Transportation (Caltrans) Division of Rail and Mass Transportation, Service Contract No. 75LX335, the City will receive federal funding through the Section 130 Grade Crossing Improvement Program on a reimbursement basis. The reimbursement amount of $3,996,000 is available for reimbursement from the Section 130 Program for all work to be completed as part of the project. The existing design contract with BKF Engineers is for $286,686. The preliminary cost estimates for construction of the project is $3.55 million. Previous estimates for the project came in at $4.5M. However, upon further refinement of the project, it was determined that the cost to design and construct changes to the intersection would be $3,996,000. The agreement the City has entered into with Caltrans provides the City with $3,996,000. The overall project budget is being aligned with funding sources from other agencies (Caltrans). Staff will return to Council with an updated cost upon the completion of final design and for the award of project construction. Funding for future years is subject to City Council approval through the annual budget process. Timeline City Staff plans to present the alternatives and PTC’s recommendation to the City Council for their consideration on May 3, 2021. After Council provides direction on a selected alternative, staff will advise BKF Engineers to develop final design plans, specifications, and engineer’s 4 Packet Pg. 63 City of Palo Alto Planning & Development Services Department Page 11 estimate based on the approved conceptual design. Staff will work closely with JPB, Caltrans, CPUC and Palo Alto High School during the final design phase. Per the contract between the City of Palo Alto and BKF Engineers design work is scheduled to be completed by September 2021. Construction will be scheduled thereafter and is expected to be completed by end of 2022. Environmental Review The project is a collaboration between Caltrans, City of Palo Alto, and Peninsula Corridor Joint Powers Board. Caltrans will be leading efforts in performing NEPA and City will perform the CEQA. Given the nature of the proposed improvements for the project (safety improvements to an existing intersection), the project qualifies for a Class 1 Categorical Exemption under CEQA Guidelines Section 15301. The Class 1 exemption covers minor alterations to existing facilities so long as they involve no or negligible expansion of use. Report Author & Contact Information PTC[1] Liaison & Contact Information Ruchika Aggarwal, Project Engineer Rachael Tanner, Assistant Director (650) 617-3136 (650) 329-2167 ruchika.aggarwal@cityofpaloalto.org rachael.tanner@cityofpaloalto.org Attachments: xAttachment A: January 12, 2021 Conceptual Plan Exhibit (PDF) xAttachment B: March 11, 2021 Conceptual Plan Exhibit (PDF) xAttachment C: Traffic Analysis memo by Hexagon Transportation Consultants (PDF) xAttachment D: 01/21/2021 Community Meeting Summary (PDF) xAttachment E: 02/02/2021 PABAC Meeting Summary (PDF) xAttachment F: City’s and JPB’s limits of work for each alternative concept plan (PDF) [1] Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 4 Packet Pg. 64 $ % & ;<= ATTACHMENT A 4.a Packet Pg. 65 $ % & ;<= ATTACHMENT A 4.a Packet Pg. 66 $ % & ; < = ATTACHMENT B 4.b Packet Pg. 67 $ % & ; < = ATTACHMENT B 4.b Packet Pg. 68 0HPRUDQGXP 'DWH )HEUXDU\ 7R &LW\RI3DOR$OWR && 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$QDO\VLVLQFOXGHVHOLPLQDWLRQRIWKHVRXWKERXQGULJKWWXUQODQHRQ$OPDWRSURYLGHDODUJHUZDLWLQJVSDFHIRUSHGHVWULDQVRQWKHQRUWKZHVW FRUQHURIWKHLQWHUVHFWLRQ ;;;%ROGLQGLFDWHG:KHUHTXHXHGHOD\H[FHHGVRIWKHTXHXHGHOD\XQGHUEDVHOLQHFRQGLWLRQV 4.c Packet Pg. 83 www.callanderassociates.com BURLINGAME GOLD RIVER SAN JOSE1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565 RecreateEducate Live+Work Connect SustainFebruary 8, 2021 Meeting Summary Alma/ Churchill Safety Improvements RE: Community Meeting #1 Date: January 21, 2021 Time: 6:30 p.m. to 7:45 p.m. Attendees:City of Palo Alto (City): Ruchika Aggarwal ruchika.aggarwal@cityofpaloalto.org Philip Kamhi philip.kamhi@cityofpaloalto.org Rafael Rius rafael.rius@cityofpaloalto.org Ripon Bhatia ripon.bhatia@cityofpaloalto.org Sarah Wilson sarah.wilson@cityofpaloalto.org BKF Engineers (BKF): Jason Yee jyee@bkf.com Jason Mansfield jmansfield@bkf.com Jonathon Centofranchi jcentofranchi@bkf.com Hexagon Transportation Consultants (HT): Trisha Dudala tdudala@hextrans.com Callander Associates (CA): Marie Mai mmai@callanderassociates.com Melinda Wang mwang@callanderassociates.com Community Members: 28 total The purpose of this virtual meeting was to introduce the project, present existing conditions, and receive feedback from the public on preliminary designs. A formal presentation was followed by a question-and-answer session during which attendees could share their questions and comments verbally or through the Q&A panel in Zoom. Polls were conducted to better understand how attendees currently use the intersection and which of the two preliminary designs they preferred. Poll Results Summary Based on the results from Poll #1, nearly half of the respondents live within 3 blocks of the Alma Street /Churchill Avenue intersection. All of the respondents pass through this intersection, but only 1/4th of respondents use the intersection specifically to get to school or work. Forty-seven percent (47%) of respondents typically use multiple modes of transportation when traveling through this intersection, 42% typically only drive through this intersection, and the remaining 11% typically only bike through this intersection. 4.d Packet Pg. 84 Meeting Summary Alma / Churchill Safety Improvements RE: Community Meeting #1 January 21, 2021 Page 2 of 7 20042_SUM_ComMtg#1 © copyrighted 2021 Callander Associates Landscape Architecture, Inc. Results from Poll #2 indicate a slight preference for Concept #1, which proposes to retain the dedicated right-turn pocket on southbound Alma Street. Group Discussion Summary Attendees expressed a desire for pedestrian and bicycle safety improvements at this intersection. Some attendees were concerned that Concept 2 would prevent motorists from turning right from Alma Street southbound onto westbound Churchill Avenue. It was clarified that Concept 2 retains the ability for motorists to make a southbound right turn by providing a shared through/right turn lane. Some attendees expressed concerns about the impacts of the Churchill Avenue pre-signal creating a traffic backup for eastbound Churchill Avenue to El Camino Real. It was noted that based on the traffic analysis, the net effect of the pre- signal in conjunction with various signal phasing and timing changes would be a significant potential decrease in overall delay at the intersection. Attendees also had questions and comments regarding how the proposed changes will impact traffic within the intersection and along corridors adjacent to the intersection, documented below. Questions and Comments Received (responses in non-italicized text) Questions xWhy is this project being considered if [the grade separation project] could completely change the Churchill crossing? What is the status of the grade separation project? oThis project attempts to address some of the immediate safety concerns. The proposed improvements are considered interim and can be completed over the next two or so years. The XCAP grade separation project will address the overall circulation and multimodal challenges of this intersection in a more comprehensive way, but it will require more time and major funding. Council is in the process of reviewing alternatives. xWill Concept 2 remove the right-turn movement from southbound Alma Street to westbound Churchill Avenue? oConcept 2 will retain the ability for motorists to turn right from southbound Alma Street to westbound Churchill Avenue. The dedicated right-turn pocket would be removed, but motorists would be able to turn right using the proposed through/right turn lane. xHow will the [pre-signal] on Churchill Avenue impact the traffic on El Camino Real (ECR)? Eliminating the right-turn on red option for eastbound Churchill Avenue to southbound Alma Street will cause significant back-up on Churchill Avenue. oThe introduction of the pre-signal alone would result in a backup for motorists heading eastbound on Churchill Avenue. However, signal timing and phasing modifications are proposed in conjunction with the pre-signal to mitigate the adverse effects of the pre-signal. When the northbound left turn lane on Alma Street receives a green light, the eastbound right turn on Churchill Avenue will also receive a green. There will also be more green time allocated to eastbound Churchill Avenue. xWhat will happen to the current encroachment into the Caltrain right-of-way (ROW) with Concept 2? oConcept 2 will slightly reduce the existing 1’ encroachment into Caltrain ROW. 4.d Packet Pg. 85 Meeting Summary Alma / Churchill Safety Improvements RE: Community Meeting #1 January 21, 2021 Page 3 of 7 20042_SUM_ComMtg#1 © copyrighted 2021 Callander Associates Landscape Architecture, Inc. xIn the afternoon, if you are on Churchill Avenue heading west towards Stanford, each time a train passes the signal cycle restarts, giving right-of-way to motorists on Alma Street and motorists on Churchill Avenue may need to wait multiple cycles. Are there any proposed changes to the signal timing? oSignal timing modifications would reduce the green time on Alma Street and reallocate it to eastbound and westbound Churchill Avenue. The sequence of the signal phasing would not change in order to give priority to traffic on Alma Street where there is more congestion during commute hours. xCan we ban cars on Churchill Avenue from Emerson Street to Alma Street so that bicyclists may use the whole lane and add a traffic light at Alma Street and Lowell Avenue to address diverted traffic from Churchill Avenue? oThe Churchill Avenue closure proposed in the XCAP grade separation project does not fully eliminate vehicular access to Churchill in order to retain access to adjacent residences. Multiple alternatives are being studied and the design is being further refined, but new concepts (such as full closure) are not being considered at this time. xCan a right turn lane be created in front of 25 Churchill Avenue or an entrance be provided off of ECR so that Palo Alto Unified School District traffic doesn’t have to enter via Churchill Avenue? oA right turn lane and extension of a bike slot are proposed at the intersection of Churchill Avenue/ECR as a part of the Churchill Avenue Enhanced Bikeways Project, and the right turn lane would start just west of the 25 Churchill Avenue driveway. No new driveways or modifications to existing driveways are proposed. Comments xIn Concept 2 when the railroad gates are down, a single car in the through right lane on southbound Alma Street will block one of the two through traffic lanes available. oMotorists headed south on Alma Street in the through/right lane would need to wait if there is a driver who wants to turn right and head onto westbound Churchill Avenue, but the existing through movement at peak hours already frequently blocks the right turn queue. With the proposed design, there is no anticipated delay during off peak hours when there are fewer cars. There is an overall reduced delay in the intersection as a whole with the proposed signal modifications. xProposed enhancements to queue space do not address the morning back-up of bicyclists at location C and the afternoon movement from Paly HS towards location Z. oThis project focuses on pedestrian improvements, and the future XCAP project will address bicycle circulation improvements. xEnforce the morning through restriction (Left Turn Only, 7:45 AM to 8:30AM) for westbound Churchill Avenue to southbound Alma Street. This would allow bicyclists to get to school more safely. oCity staff has previously informed the Police Department of this issue and will notify them again. xConsider green bike lanes on Churchill Avenue to increase the visibility of (bicyclists and) bike lanes. 4.d Packet Pg. 86 Meeting Summary Alma / Churchill Safety Improvements RE: Community Meeting #1 January 21, 2021 Page 4 of 7 20042_SUM_ComMtg#1 © copyrighted 2021 Callander Associates Landscape Architecture, Inc. oThe Churchill Avenue Enhanced Bikeway Project proposes green bike lanes at conflict points between the school entrance on Churchill Avenue to Alma Street. xSomeone was killed on the tracks today. It would be worth the cost if the proposed improvements could have prevented the incident. oThe Federal Railroad Administration (FRA) and Caltrans identified this crossing as one in need of safety improvements and the pre-signal is a specific feature identified to improve safety. The project and this community meeting are a part of the City’s effort to improve the safety of this intersection. xThe intersection needs to be improved because many pedestrians and bicyclists get caught in front of the railroad gates at the intersection. xPause the XCAP grade separation project until after these adjustments are made. In support of this project. xRetain clear access from the intersection to the Embarcadero Bike Path. oThis project does not propose any changes to access to the bike path. xConsider adding a signal (pedestrian hybrid beacon) or a crossing guard at the Churchill Avenue entrance to Paly HS to improve safety. Poll #1 Responses received for Poll #1: 19 4.d Packet Pg. 87 Meeting Summary Alma / Churchill Safety Improvements RE: Community Meeting #1 January 21, 2021 Page 5 of 7 20042_SUM_ComMtg#1 © copyrighted 2021 Callander Associates Landscape Architecture, Inc. Poll #2 Responses received for Poll #2: 10 Opportunities and Constraints Diagram 4.d Packet Pg. 88 Meeting Summary Alma / Churchill Safety Improvements RE: Community Meeting #1 January 21, 2021 Page 6 of 7 20042_SUM_ComMtg#1 © copyrighted 2021 Callander Associates Landscape Architecture, Inc. Preliminary Concept #1 Preliminary Concept #2 4.d Packet Pg. 89 Meeting Summary Alma / Churchill Safety Improvements RE: Community Meeting #1 January 21, 2021 Page 7 of 7 20042_SUM_ComMtg#1 © copyrighted 2021 Callander Associates Landscape Architecture, Inc. The information above is Callander Associates’ understanding of items discussed and decisions reached at the meeting. Callander Associates is proceeding with the project based on this understanding. Submitted by: Melinda Wang Callander Associates cc: All attendees 4.d Packet Pg. 90 www.callanderassociates.com BURLINGAME GOLD RIVER SAN JOSE 1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565 RecreateEducate Live+Work Connect Sustain February 19, 2021 Meeting Summary Alma/ Churchill Safety Improvements RE: PABAC Meeting #1 Date: February 2, 2021 Time: 6:15 p.m. to 8:00 p.m. Attendees:City of Palo Alto (City): Ruchika Aggarwal ruchika.aggarwal@cityofpaloalto.org Rafael Rius rafael.rius@cityofpaloalto.org Ripon Bhatia ripon.bhatia@cityofpaloalto.org Joanna Chan Joanna.chan@cityofpaloalto.org Sylvia Star-Lack sylvia.star-lack@cityofpaloalto.org City of Palo Alto Pedestrian and Bicycle Advisory Committee (PABAC): Ken Joye Cedric de la Beaujardiere Eric Nordman Stephen Rock Kathy Durham Robert Neff Cathy Durham Rob Robinson Art Liberman Not present: Arnout Boelens, Nicole Zoeller Boelens, Bill Courington, Penny Ellson, Paul Goldstein, Jane Rothstein, Richard Swent, Alan Wachtel, Bill Zauman BKF Engineers (BKF): Jason Mansfield jmansfield@bkf.com Jonathon Centofranchi jcentofranchi@bkf.com Callander Associates (CA): Marie Mai mmai@callanderassociates.com The purpose of this virtual meeting was to introduce the project, present existing conditions, and receive feedback from the Pedestrian and Bicycle Advisory Committee (PABAC) on preliminary designs. A formal presentation was followed by an opportunity for PABAC members to share their questions and comments. Due to time constraints not every committee member was able to verbally share their feedback. Instead, they were encouraged to submit follow-up questions via e-mail to staff. Items noted below were discussed and/or decided upon in our meeting. 4.e Packet Pg. 91 Meeting Summary Alma / Churchill Safety Improvements RE: PABAC Meeting #1 February 2, 2021 Page 2 of 3 20042_SUM_PABACMtg#1.docx ©copyrighted2021CallanderAssociates LandscapeArchitecture,Inc. Item Response 1.Can the connection between westbound Churchill Avenue to northbound Embarcadero trail/bike path be improved? Can the train horn frequency be reduced? Opportunities to improve the path connection will be evaluated. The horn frequency is a federal requirement so cannot be changed. 2.One person felt the “B to Z” bike movement is unsafe and not addressed, while another felt the opposite because of the very few cars and the larger volume of bicyclists Noted 3.Bicyclists are uncomfortable or simply cannot make the Churchill crossing at Paly driveway/Castilleja Avenue because of the large volume of cars with many different turning movements. Noted 4.The XCAP project is still a few years away from being implemented, so these project improvements would be beneficial to the community. Committee member supported the concept with the stormwater component (ie. Concept 2). Noted 5.Many students end up on the “wrong” side of Churchill Avenue when heading eastbound because they’re coming from the Embarcadero bike path. Can a pedestrian/bike only or scramble phase be considered at this intersection? A scramble phase would cause significant delay because of the train pre-emption so would not be feasible at this intersection. 6.Evaluate afternoon signal phasing to encourage “proper” bicycle circulation. Can the Y to Z crosswalk have priority over the B to C crosswalk? Phasing will be evaluated. 7.Consider a bike box between the railway and Alma Street to give bicyclists more space. Bike box and other enhancements will be evaluated. 8.Consider restricting right turns on westbound Churchill Avenue during Right-turn restriction to be evaluated. 4.e Packet Pg. 92 Meeting Summary Alma / Churchill Safety Improvements RE: PABAC Meeting #1 February 2, 2021 Page 3 of 3 20042_SUM_PABACMtg#1.docx ©copyrighted2021CallanderAssociates LandscapeArchitecture,Inc. morning hours in addition to the existing morning through-restriction. 9.Will Caltrain fence locations be modified at locations A and B to align with the new crosswalk? Fence locations will be evaluated. 10.Committee member supports the larger queuing space, particularly as shown in Concept #2. Continue evaluating ways to improve pedestrian/bike circulation. Preliminary Concept #1 Preliminary Concept #2 The information above is Callander Associates’ understanding of items discussed and decisions reached at the meeting. Callander Associates is proceeding with the project based on this understanding. Submitted by: Melinda Wang Callander Associates cc: All attendees 4.e Packet Pg. 93 $63+$/73$9,1* :,'(60227+$63+$/7 75$16,7,21672 &21&5(7(3$1(/*5$'( &5266,1* $63+$/7 7$3(5 &21&5(7(-3% $63+$/7&,7< $63+$/7-3% &21&5(7(&,7< /,0,762)&+85&+,//$9( 3$9(0(17,03529(0(176 4.f Packet Pg. 94 Planning & Transportation Commission Staff Report (ID # 11989) Report Type: Meeting Date: 3/31/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Ordinance to Update Density Bonus Code PAMC 18.15 Title: Recommendation on Ordinances Responding to State Housing Bills Regarding Density Bonus and Affordable Housing. Environmental Assessment: Exempt pursuant to CEQA Guidelines Section 15061(b)(3). From: Jonathan Lait Recommendation Staff recommends that the Planning Transportation Commission recommend that City Council adopt the attached ordinances, which update Palo Alto’s Density Bonus (Attachment A) and Parking (Attachment B) regulations to comply with recent changes in state law. Background Chapter 18.15 of the Palo Alto Municipal Code outlines the City’s Residential Density Bonus program. This Chapter was enacted to comply with the state density bonus law, California Government Code Section 65915. California’s density bonus law requires local governments to provide housing developers with density bonuses and other concessions or incentives when the developers agree to provide a certain percentage of affordable housing. This state law requires compliance by local governments, even in the absence of local ordinances providing state- mandated bonuses, concessions, or incentives. A local ordinance, however, can provide clarity to developers and the public regarding the interaction of state density bonus law with other aspects of local zoning regulations. Palo Alto first adopted its Residential Density Bonus ordinance (PAMC Chapter 18.15) in 2014. Since that time, the City has periodically updated the code in response to changes in state law. The pace of changes at the state level has increased in recent years. In September of 2020, the Governor signed a package of fifteen bills aimed at increasing affordable housing production and reducing housing costs. Several bills aimed to increase the 5 Packet Pg. 95 City of Palo Alto Planning & Development Services Department Page 2 incentives to build more affordable housing and to build more housing near public transit. Assembly Bill 2345, amending Sections 65400 and 65915 of the California Government Code, addressed both. This bill greatly expanded the bonuses available to developers and it requires substantial changes to the City’s practices and ordinances. Other amendments to the state density bonus law from prior years, such as AB 1934, SB 1227 and AB 2372, have also changed the City’s obligations regarding granting density bonuses and concessions or incentives. The Palo Alto Municipal Code has not been updated to reflect those responsibilities. Assembly Bill 1851 was also part of this package. This bill targeted parking requirements for religious institution affiliated housing development projects. It required an update to the adjustments available in the City’s Parking Code, found in Chapter 18.52. Discussion Regardless of whether the City acts to amend its ordinances, the changes to state law will dictate the City’s actions. The state law is written to supersede any conflicting local ordinances. Amending the City’s Zoning Code will allow the City to establish its own policies and procedures to comply with its obligation to follow state law. The following are changes made to Chapter 18.15, Residential Density Bonus: xThe Chapter is retitled to “Density Bonus.” Though all density bonuses, concessions, and incentives relate to the provision of affordable housing, non-residential developments may still acquire some incentives under Density Bonus law through partnerships or donations. Section 18.15.030(i)(iii) also reflects this change. xUnder state law, thresholds to be eligible for density bonuses, concessions and incentives were lowered, while density bonus caps for several key types of developments were increased from thirty-five percent (35%) to fifty percent (50%). Some 100% affordable housing developments are now entitled to no density bonus cap. The scales were thus adjusted in Sections 18.15.030, 18.15.050 and 18.15.060. xSome terminology has been updated throughout Chapter 18.15. State law no longer separately addresses “common interest development” in its affordable housing laws. In addition, state law now refers to “units sold to persons and families of low or moderate income,” and this phrase has been imported into the code. The phrase “handicapped parking” has been replaced with “parking for persons with a disability.” xState law grants bonuses, concessions and incentives to developers building housing for lower income students. This was not reflected in Chapter 18.15. Under the attached amendments, these bonuses, concessions and incentives would be codified in 5 Packet Pg. 96 City of Palo Alto Planning & Development Services Department Page 3 18.15.030(c). Other incentives for developers building housing for lower income students can be found throughout Chapter 18.15, such as in Section 18.15.050, Development Concessions and Incentives. xAdditional bonuses, concessions and incentives were created for affordable housing developments built near public transit. This is reflected in 18.15.030(d)(ii) (density bonuses) and 18.15.050(b) (parking requirements). xParking requirements were generally lowered by state law. This is reflected throughout Section 18.15.050. xSection 18.15.080, Application Requirements, was reformatted to better reflect the differences between concessions and incentives. The following are changes made to Chapter 18.52, Parking and Loading Requirements: xSection 18.52.040(a) now contains a reference to the varied exceptions to Section 18.52.040’s parking requirements listed in Chapter 18.15, Density Bonus. xSection 18.52.045 was retitled to remove the word “Minor” from “Minor Adjustments to Existing Parking Facilities.” The subsection describing minor adjustments remains. An additional subsection was added to reflect the changes made to state law through AB 1851, which allows substantial adjustments to parking requirements for religious institution affiliated housing development projects. Environmental Review The proposed ordinances revise the Palo Alto Municipal Code to comply with revisions to Government Code Section 65915 (Density Bonus) and Section 65913.5 (AB 1851). These provisions of the Government Code are already controlling with respect to the subject matter expressed in the ordinances; thus, the ordinances do not result in any substantive change to the type of development permitted in the City. Consequently, the ordinances are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) since it can be seen with certainty that there is no possibility the adoption and implementation of the ordinances may have a significant effect on the environment. Attachments: xAttachment A - Ordinance Amending PAMC Chapter 18.15 (PDF) xAttachment B - Ordinance Amending Ch 18.52 regarding Religious Use Parking (PDF) 5 Packet Pg. 97 *NOT YET ADOPTED* 1 0160038_20210111_ay Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Chapter 18.15 (Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Update the Density Bonus Program in Accordance with AB 2345. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: A.On September 28, 2020, the Governor approved AB 2345, which substantially revised requirements for the existing Density Bonus Law (Government Code Section 65400 et seq.), which requires a city to provide a developer that proposes a housing development within the jurisdictional boundaries of that city with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents and meets other requirements. B.In previous years, the Governor also approved other revisions to the Density Bonus Law, including AB 1934, SB 1227, AB 2372, and AB 2753. C.The City Council is therefore updating the Density Bonus Chapter of the Zoning Code, Chapter 18.15 in Title 18 of the Palo Alto Municipal Code, to comply with these revisions. SECTION 2. Chapter 18.15 (Density Bonus) of Title 18 (Zoning) is hereby amended as follows: 18.15 RESIDENTIAL DENSITY BONUS [. . .] 18.15.010 Purpose [. . .] 18.15.020 Definitions Whenever the following terms are used in this chapter, they shall have the meaning established by this section: [. . .] 5.a Packet Pg. 98 *NOT YET ADOPTED* 2 0160038_20210111_ay (s) “Replace” means either of the following: (i) If any dwelling units described in Section 18.15.030(h)(i) are occupied on the date that the application is submitted to the City, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units described in Section 18.15.030(h)(i) in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, theses units shall be subject to a recorded affordability restriction for at least 55 years. For purposes of this subsection (s) of Section 18.15.020, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (ii) If all dwelling units described in Section 18.15.030(h)(i) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size, as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. [. . .] (v) “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Section 69432.7(k) of the Education Code. The eligibility of a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is 5.a Packet Pg. 99 *NOT YET ADOPTED* 3 0160038_20210111_ay eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government. 18.15.030 Density Bonuses This section describes the density bonuses that will be provided, at the request of an applicant, when that applicant provides restricted affordable units as described below. (a) The city shall grant a 20 twenty percent (20%) density bonus when an applicant for a development of five (5) or more dwelling units seeks and agrees to construct at least any one of the following in accordance with the requirements of this Section and Government Code Section 65915: (i) At least 10 ten percent (10%) of the total dwelling units of the development as restricted affordable units affordable to lower income households. Between ten and twenty percent (10-20%), For each one percent (1%) increase in the percentage of restricted lower income units, grants a development will receive an additional one and one-half percent (1.5%) density bonus up to thirty-five percent (35%) of the maximum residential density. For each one percent (1%) increase in the percentage of restricted lower income units exceeding twenty percent (20%), a development will receive an additional three and three-quarters percent (3.75%) density bonus up to fifty percent (50%) of the maximum residential density; or (ii) At least five percent (5%) of the total dwelling units of the development as restricted affordable units affordable to very low income households. Between five and eleven percent (5-11%), for For each one percent (1%) increase in the percentage of restricted very low income units, a development will receive an additional two and one- half percent (2.5%) density bonus up to thirty-five percent (35%) of the maximum residential density. For each one percent (1%) increase in the percentage of restricted very low income units exceeding eleven percent (11%), a development will receive an additional three and three-quarters percent (3.75%) density bonus up to fifty percent (50%) of the maximum residential density; or [. . .] (b) The city shall grant a five percent (5%) density bonus when an applicant for a development of five (5) or more additional dwelling units seeks and agrees to construct a development, in accordance with the requirements of this Section and Government Code Section 65915, in which at least 10 percent (10%) of the total dwelling units in a common interest development as defined in California Civil Code Section 4100 for of a housing development are sold to persons and families of low or moderate income households, provided that all dwelling units in the development are offered to the public for purchase. For each one percent (1%) increase in the percentage of restricted moderate income units between ten and forty percent (10-40%), a development will 5.a Packet Pg. 100 *NOT YET ADOPTED* 4 0160038_20210111_ay receive an additional one percent (1%) density bonus up to thirty-five percent (35%) of the maximum residential density. For each one percent (1%) increase in the percentage of total dwelling units restricted for moderate income households exceeding forty percent (40%), a development will receive an additional three and three-quarters percent (3.75%) density bonus up to fifty percent (50%) of the maximum residential density. (c) Reserved. The city shall grant a thirty-five percent (35%) density bonus when an applicant for a student housing development of five (5) or more additional dwelling units seeks and agrees to construct in accordance with the requirements of this Section and Government Code Section 65915: (i) At least twenty percent (20%) of the total dwelling units will be restricted for lower income students. (ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this subparagraph means one rental bed and its pro rata share of the associated common area facilities. The units described in this subparagraph shall be subject to an affordability restriction of 55 years. (iii) All units will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. (iv) The applicant submits evidence that the applicant entered into an operating agreement or master lease with one or more institutions of higher education for the institution(s) to occupy all units of the student housing development with students from that institution(s). (v) The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the median income for Santa Clara County for a single-room occupancy unit type. (vi) The applicant will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause. (d) The city shall grant a density bonus to a development if the following criteria apply: one hundred percent (100%) of all units in the development, including total units and density bonus units, but exclusive of manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that 5.a Packet Pg. 101 *NOT YET ADOPTED* 5 0160038_20210111_ay twenty percent (20%) of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For rental units, rents shall be restricted as set forth in Government Code section 65915(c)(1)(B)(ii). (i) Except as otherwise provided in clause (ii), the city will grant a density bonus of eighty percent (80%) of the number of units for lower income households. (ii) If the development is located within one-half mile of a major transit stop, the city will not impose any maximum controls on density. If no maximum control on density is imposed pursuant to this subparagraph, then the housing development will be eligible for four concessions or incentives, but not eligible for additional waivers or modifications to development standards, notwithstanding Section 18.15.060, except as the city may allow. (d)(e) When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next highest number. An applicant may elect to receive a density bonus that is less than the amount permitted by this section; however, the city shall not be required to similarly reduce the number of restricted affordable units required to be dedicated pursuant to this section and Government Code Section 65915(b). (e)(f) Each development is entitled to only one density bonus, which shall be selected by the applicant based on the percentage of very low restricted affordable units, lower income restricted affordable units, or moderate income restricted affordable units, or the development’s status as a senior citizen housing development or qualifying mobilehome park, or the development's provision of restricted affordable units for transitional foster youth, disabled veterans or homeless persons. Density bonuses from more than one category may not be combined. Except as provided for in 18.15.030(d), In in no case shall a development be entitled to a density bonus of more than thirty-five fifty percent (35%) (50%). (f)(g) The density bonus units shall not be included when determining the number of restricted affordable units required to qualify for a density bonus. When calculating the required number of restricted affordable units, any resulting decimal or fraction shall be rounded to the next larger integer. (g)(h) Any restricted affordable unit provided pursuant to the city’s below market rate housing program shall be included when determining the number of restricted affordable units required to qualify for a density bonus or other entitlement under this chapter. However, the payment of a housing impact or in lieu fee shall not qualify for a density bonus or other entitlement under this chapter. 5.a Packet Pg. 102 *NOT YET ADOPTED* 6 0160038_20210111_ay (h)(i) An applicant (or project) shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies: (i) The proposed housing development, inclusive of the units replaced pursuant to this paragrpah paragraph, contains affordable units at the percentages set forth in Section 18.15.030. (ii) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. (i)(j) Certain other types of development activities are specifically eligible for a density bonus pursuant to state law: (i) A development may be eligible for a density bonus in return for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (ii) A condominium conversion may be eligible for a density bonus or concession pursuant to the requirements set forth in Government Code Section 65915.5. (iii) An applicant for a commercial development who has entered into an agreement for partnered housing may be eligible for a density bonus pursuant to the requirements set forth in Government Code Section 65915.7. (j)(k) As provided in Section 18.15.080(c), development proposed with rezoning to the Planned Community zone district are entitled to densities approved as part of the rezoning and shall not be entitled to a density bonus in addition to the units entitled by the rezone. (k)(l) Notwithstanding any provision of this chapter, all developments must satisfy all applicable requirements of the city’s Below Market Rate Housing Program in Chapter 16.65, which may impose requirements for restricted affordable units in addition to those required to receive a density bonus or concessions. Table 1 summarizes the density bonus provisions described in this Section. // 5.a Packet Pg. 103 *NOT YET ADOPTED* 7 0160038_20210111_ay Table 1 Density Bonus Summary Table Restricted Affordable Units (RAUs) or Category Minimum Percentage of Restricted Affordable Units RAUs Percentage of Density Bonus Granted Additional Bonus for Each 1% Increase in Restricted Affordable Units RAUs Percentage of RAUs Required for 35% Density Bonus Percentage of Restricted Units RAUs Required for Maximum 35% 50% Density Bonus Very Low Income 5% 20% 2.50% (3.75% bonus for increases above 11% RAU) 11% 11% 15% Lower Income 10% 20% 1.50% (3.75% bonus for increases above 20% RAU) 20% 20% 24% Moderate Income 10% 5% 1% (3.75% bonus for increases above 40% RAU) 40% 40% 44% Lower Income Student Housing 20% 35% ------ ------ ------ Senior Citizen Housing 100% 20% ------ ------ ------ Qualifying Mobile Park 100% 20% ------ ------ ------ 100% Affordable Units 100% 80% (or no maximum density) ------ ------ ------ Note: A density bonus may be selected from only one category up to a maximum of 35% of the Maximum Residential Density. 18.15.040 Development Standards for Affordable Units [. . .] 18.15.050 Development Concessions and Incentives This section includes provisions for providing concessions or incentives pursuant to Government Code Section 65915. (a) By right parking incentives. Upon request by the applicant, a development that is eligible for a density bonus may provide parking as provided in this subsection (a), 5.a Packet Pg. 104 *NOT YET ADOPTED* 8 0160038_20210111_ay consistent with Government Code Section 65915(p), inclusive of handicapped and guest parking for persons with a disability and guests: (i) Zero to one bedroom unit: one on-site parking space; (ii) Two to three bedroom unit: two one and one-half on-site parking spaces; (iii) Four or more bedroom unit: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, this parking may be provided through tandem parking or uncovered parking, but not through on-street parking. (b) Additional parking incentives for transit oriented project. (i) For purposes of this subdivision, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subdivision, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. (A) Notwithstanding paragraph subdivision (a) above, if a development includes the maximum percentage at least twenty percent (20%) of low-income or at least eleven percent (11%) of very low income units provided for in section 18.15.030(b)(a)(i) or (ii) and is located within one-half mile of a major transit stop, as defined in subdivision (o) of Section 65915 of the Government Code subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, then, upon request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom unit. For purposes of this subdivision, a development shall have unobstructed access to a major transit stop if a request is able to access the major transit stop without encountering natural or constructed impediments. (B) Notwithstanding subdivision (a) above, if a development includes at least forty percent (40%) moderate income units provided for in section 18.15.030(b) and is located within one-half mile of a major transit stop, as defined in subdivision (o) of Section 65915 of the Government Code, and there is unobstructed access to the major transit stop from the development, then, upon request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. 5.a Packet Pg. 105 *NOT YET ADOPTED* 9 0160038_20210111_ay (ii) Notwithstanding paragraph subdivision (a) above, if a development consists solely of rental units, exclusive of a manager’s unit, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the applicant, the city shall not impose a vehicular parking standards if the development meets one of the following criteria ratio, inclusive of handicapped and guest parking, that exceeds the following ratios: (A) If the The development is located within one-half mile of a major transit stop, as defined in subdivision (o) of Section 65915 of the Government Code subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit. (B) If the The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed 0.5 spaces per unit. The and the development shall have has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) If the The development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost affordable to low income families and is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. the ratio shall not exceed 0.3 spaces per unit. The development shall have A development that is a special needs housing development must have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (iii) Notwithstanding paragraphs (b)(i) and (b)(ii), the city may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph subdivision (a) if the city has conducted an area wide or citywide parking study in compliance with Government Code Section 65915(p)(7)(8). (c) Other incentives and concessions. A development is eligible for other concessions or incentives as follows: (i) One concession or incentive for a development that makes at least ten percent (10%) of the total dwelling units affordable to lower income households; or at least five percent (5%) of the total dwelling units affordable to very low income households; or at least ten percent (10%) of the total dwelling units affordable to moderate income households in a common interest development in which the units are for sale; or at least twenty percent (20%) of the total units in a student housing development for low income students, as provided for in 18.15.030(c). 5.a Packet Pg. 106 *NOT YET ADOPTED* 10 0160038_20210111_ay (ii) Two concessions or incentives for a development that makes at least twenty seventeen percent (20%)(17%) of the total dwelling units affordable to lower income households; or at least ten percent (10%) of the total dwelling units affordable to very low income households; or at least twenty percent (20%) of the total dwelling units affordable to moderate income households in a common interest development in which the units are for sale. (iii) Three concessions or incentives for a development that makes at least thirty twenty-four percent (30%)(24%) of the total dwelling units affordable to lower income households; or at least fifteen percent (15%) of the total dwelling units affordable to very low income households, or at least thirty percent (30%) of the total dwelling units affordable to moderate income households in a common interest development in which the units are for sale. (iv) Four concessions or incentives for a development that provides one hundred percent (100%) of the total units, exclusive of a manager’s unit or units, are for lower income households, as described in Section 18.15.030, subdivision (d). Such development may additionally receive a height increase of three stories or thirty-three (33) feet. Table 2 summarizes the provisions of Concessions or Incentives described in subsection (a). Table 2 Concessions and Incentives Summary Table Target Group Restricted Affordable Units Very Low Income 5% 10% 15% Lower Income 10% 20% 17% 30% 24% Moderate Income (Common Interest Development For Sale Units) 10% 20% 30% Lower Income Student Housing 20% --- --- Maximum Incentive(s)/Concession(s) 1 2 3 Notes: 1. Concessions or incentives may be selected from only one category (very low, lower, or moderate, low income student development) 2. No concessions or incentives are available for land donation, or for senior citizen housing developments and qualifying mobilehome parks that do not contain restricted affordable units. 3. In a student development, a “unit” is defined according to 18.15.030(c)(ii). [. . .] 5.a Packet Pg. 107 *NOT YET ADOPTED* 11 0160038_20210111_ay (g) Nothing in this chapter shall be construed to require the provision of direct financial concessions for the development, including the provision of publicly owned land by the city or the waiver of fees or dedication requirements. 18.15.060 Waiver/Modification of Development Standards An applicant may apply for a waiver or modification of development standards that will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by this chapter. The developer must demonstrate that development standards that are requested to be waived or modified will have the effect of physically precluding the construction of a development meeting the criteria of subsection (a) of Section 18.15.030 at the densities or with the concessions or incentives permitted by this chapter. A development that receives a waiver from any maximum controls on density pursuant to Section 18.15.030(d)(2) shall not be eligible for waivers or modifications to development standards pursuant to this Section. 18.15.070 Child Care Facilities [. . .] 18.15.080 Application Requirements An Application for a density bonus, incentive, concession, waiver, modification or revised parking standard shall be made as follows: (a) An All applications for a density bonus, incentive, concession, waiver, modification or revised parking standard shall be submitted with the first application for a discretionary permit for a development and shall be processed concurrently with those discretionary permits. The application shall be on a form prescribed by the city and shall include the following information: (i) A brief description of the proposed development, including the total number of dwelling units, restricted affordable units, and density bonus units proposed. (ii) The zoning and comprehensive plan designations and assessor’s parcel number(s) of the project site, and a description of any density bonus, concession or incentive, waiver or modification, or revised parking standard requested (iii) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout. (iv) Site plan showing location of market-rate units, restricted affordable units, and density bonus units within the proposed development; 5.a Packet Pg. 108 *NOT YET ADOPTED* 12 0160038_20210111_ay (v) level of affordability of the restricted affordable units and proposed method to ensure affordability; (b) If a concession or incentive is requested, the following information must be included in the application: (iv)(i) If a concession or incentive is requested, a A brief explanation as to the actual cost reduction achieved through the concession or incentive. (ii) For concessions and incentives that are not included within the menu of incentives/concessions set forth in subsection (c) of Section 18.15.050, the application requires the submittal of the project proforma or other comparable documentation (referred to herein as the “proforma information”) to the Director, providing evidence that the requested concessions and incentives result in identifiable and actual cost reductions. The cost of reviewing the project proforma information, including, but not limited to, the cost to the city of hiring a consultant to review the financial data, shall be borne by the applicant. The proforma information shall include all of the following items: (A) The actual cost reduction achieved through the concession; (B) Other information requested by the Planning Director. The Planning Director may require additional information as is required to evaluate the proforma information; (c) If a waiver or modification of development standards is requested, the following information must be included in the application: (v)(i) If a waiver or modification is requested, a A brief explanation of why the development standard would physically preclude the construction of the development with the density bonus, incentives, and concessions requested. (vi) Site plan showing location of market-rate units, restricted affordable units, and density bonus units within the proposed development; (vii) level of affordability of the restricted affordable units and proposed method to ensure affordability; (viii) For concessions and incentives that are not included within the menu of incentives/concessions set forth in subsection (c) of Section 18.15.050, the application requires the submittal of the project proforma or other comparable documentation (referred to herein as the “proforma information”) to the Director, providing evidence that the requested concessions and incentives result in identifiable and actual cost reductions. The cost of reviewing the project proforma information, including, but not limited to, the cost to the city of hiring a consultant to review the financial data, shall be 5.a Packet Pg. 109 *NOT YET ADOPTED* 13 0160038_20210111_ay borne by the applicant. The proforma information shall include all of the following items: (A) The actual cost reduction achieved through the concession; (B) Other information requested by the Planning Director. The Planning Director may require additional information as is required to evaluate the proforma information; (ix)(ii) If a waiver or modification of a development standard is requested, the applicant shall provide evidence Evidence that the development standard for which the waiver or modification is requested will have the effect of physically precluding the construction of the development with the density bonus and concessions requested; (x)(d) If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated, provide proof of site control, and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(g) can be made; (xi)(e) If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made. (xii)(f) If a density bonus or concession is requested for a condominium conversion, the applicant shall provide evidence that all of the requirements found in Government Code Section 65915.5 can be met. (b)(g) In accordance with state law, neither the granting of a concession, incentive, waiver, modification, or revised parking standard, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. (c)(h) The Planned Community (PC) zone district is intended to accommodate developments requiring flexibility under controlled conditions not attainable under other zoning districts. Because of the flexible nature of the PC zone, which determines site specific requirements including density, the chapter does not apply to this zoning district. (d)(i) This chapter implements state density bonus law. Any density bonus, incentive, concession, revised parking standard, waiver, or modification sought by an applicant shall be made pursuant to this chapter and may not be combined with similar requests under state density bonus law. // 5.a Packet Pg. 110 *NOT YET ADOPTED* 14 0160038_20210111_ay 18.15.090 Review Procedures An application for a density bonus, incentive, concession, waiver, modification or revised parking standard shall be acted upon by the Approval Authority concurrently with the application for the first Discretionary permit. The granting of a density bonus shall not be deemed approval of the entire Project or approval of any subsequent discretionary permit. [. . .] (c) If the findings required by subsection (a) of this Section cannot be made, the Approval Authority may deny an application for a concession, incentive, waiver or modification only if it makes one of the following written findings, supported by substantial evidence: (i) The concession, incentive, waiver or modification is not concession or incentive does not result in identifiable and actual cost reductions required to provide for affordable rents or affordable sales prices; or [. . .] (d) If the Approval Authority is not the City Council, any decision denying a density bonus, incentive, concession, waiver, modification or revised parking standard may be appealed to the City Council within fourteen days of the date of the decision. 18.15.100 Regulatory Agreement (a) AApplicants for a density bonus, incentive, concession, waiver, modification or revised parking standard shall enter into a regulatory agreement with the city. The terms of the draft agreement shall be approved as to form by the City Attorney and reviewed and revised as appropriate by the Director of Planning and Development Services, who shall formulate a recommendation to the Approval Authority for final approval. [. . .] SECTION 3. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 5.a Packet Pg. 111 *NOT YET ADOPTED* 15 0160038_20210111_ay Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because the ordinance simply codifies existing state law and it can be seen with certainty that the minor adjustments herein will have a significant effect on the environment. Any project seeking to utilize the density bonus provisions herein will be subject to appropriate environmental review. SECTION 6. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services 5.a Packet Pg. 112 *NOT YET ADOPTED* DRAFT 1 0160037_20210104_ay_16 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Update Parking Requirements in Compliance with Measures Promoting the Construction of Affordable Housing. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: A.On September 28, 2020, the Governor approved AB 1851, which prohibits local authorities from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate as part of that housing development project. B.For developments receiving density bonuses, the parking requirements described in Chapter 18.52 of the Palo Alto Municipal Code may be modified or superseded by Chapter 18.15 of the Palo Alto Municipal Code, governing density bonuses. C.The City Council is therefore updating the parking requirements in Title 18 of the Palo Alto Municipal Code to comply with AB 1851 and to make reference to Chapter 18.15 of the Palo Alto Municipal Code. SECTION 2. Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby amended as follows: 18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements (a) Parking Requirements In each district, off-street parking, loading and bicycle facilities for each use shall be provided in accordance with Tables 1 and 2, shown in subsection (c) of this Section 18.52.040. For affordable housing developments qualifying for density bonuses under Chapter 18.15 of the Palo Alto Municipal Code, adjustments to parking requirements will be calculated in accordance with Chapter 18.15. The requirement for any use not specifically listed shall be determined by the director on the basis of requirements for similar uses, and on the basis of evidence of actual demand created by similar uses in Palo Alto and elsewhere, and such other traffic engineering or planning data as may be available and appropriate to the establishment of a minimum requirement. [. . .] 5.b Packet Pg. 113 *NOT YET ADOPTED* DRAFT 2 0160037_20210104_ay_16 SECTION 3. Section 18.52.045 (Minor Adjustments to Existing Parking Facilities) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby amended as follows: 18.52.045 Minor Adjustments to Existing Parking Facilities (a) The following minor adjustments may be made to existing parking facilities that are intended to remain in substantially the same form after restriping. (a)(1) Accessibility and EVSE-related equipment. For sites with existing development, the number on-site parking spaces may be reduced to the minimum extent necessary to: (1) achieve state or federally mandated accessibility requirements or (2) permit installation of electrical utility equipment required for EVSE. A maximum of 10% of the existing automobile parking stalls, or one stall, whichever is greater, may be removed pursuant to this section. The loss of a parking space is not permitted to accommodate EVSE itself. To the extent reasonably feasible, electrical equipment required for EVSE shall be placed in a location that minimizes visibility from the public right-of-way. (b)(2) Substitution of bicycle parking. For sites with existing development, where additional bicycle parking facilities cannot reasonably be located outside of the parking facility area, existing automobile parking stalls may be substituted with long- or short-term bicycle parking facilities. The maximum number of substitutions shall be two existing automobile parking spaces, or 10% of the existing automobile parking stalls, whichever is greater. A minimum of four long-term or eight short-term bicycle parking spaces is required per automobile parking space. The bicycle parking spaces are to be located in the same physical location as the automobile spaces they are replacing, which shall be near primary entries of the building on-site or in locations that meet best practices for bicycle parking facilities. (b) Substitution of religious-use parking for housing development projects. (1) This subdivision applies to religious institution affiliated housing development projects, as defined by Section 65913.6(a)(5) of the California Government Code. (2) The developer of a religious institution affiliated housing development project is not required to replace religious-use parking spaces which the developer eliminates as a part of that housing development project. Such a reduction may not exceed fifty percent (50%) of the number of religious-use parking spaces that are available at the time the request is made. 5.b Packet Pg. 114 *NOT YET ADOPTED* DRAFT 3 0160037_20210104_ay_16 (3) Religious-use parking spaces may count towards parking spaces required for the religious institution affiliated housing development project if: (A) There is at least one space per unit, (B) The parcel is within one-half mile walking distance of public transit, or (C) There is a car share vehicle located within one block of the parcel. SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because the ordinance simply codifies existing state law and it can be seen with certainty that there is no possibility that the codification of such parking regulations will have a significant effect on the environment. Any project seeking to utilize the parking substitution provisions herein will be subject to appropriate environmental review. // // // // // // // 5.b Packet Pg. 115 *NOT YET ADOPTED* DRAFT 4 0160037_20210104_ay_16 SECTION 7. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services 5.b Packet Pg. 116 Planning & Transportation Commission Staff Report (ID # 12150) Report Type: Approval of Minutes Meeting Date: 3/31/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: February 24, 2021 Draft Meeting Minutes Title: February 24, 2021 Draft PTC Meeting Minutes From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) adopt the meeting minutes. Background Draft minutes from the February 24, 2021 Planning and Transportation Commission (PTC) meetings were made available to the Commissioners prior to the March 31, 2021 meeting date. The draft PTC minutes can be viewed on line on the City’s website at http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. 6 Packet Pg. 117