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HomeMy WebLinkAbout2021-05-12 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: May 12, 2021 Virtual Meeting 6:00 PM https://zoom.us/join Meeting ID: 977 5267 4452 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 Study Session Public Comment is Permitted. Five (5) minutes per speaker.1,3 6:15 PM-7:15 PM 2. Study session to discuss possible implications of parking data analysis provided by students at California State Polytechnic University, Pomona and to provide related feedback to the Office of Transportation about City of Palo Alto parking planning efforts. Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Five (5) minutes per speaker.1,3 7:15 PM-7:45 PM 3. Review and Recommendation to Finance Committee and the City Council on Proposed 2022-2026 Capital Improvement Plan and Comprehensive Plan Compliance 7:45 PM-9:40 PM 4. 855 El Camino Real (20PLN-00252): Recommendation on an Applicant Request and Council Direction to Consider Establishing a Retail Health Definition and to Allow for Limited Ground Floor Retail Health Uses at Town & Country Village. Environmental Assessment: Exempt From CEQA in Accordance With Guideline Section 15301 (Existing Facilities). Zoning District: CC (Community Commercial). For More Information Contact the Project Planner, Claire Raybould at Claire.Raybould@cityofpaloalto.org Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 9:40 PM-9:45 PM 5. April 14, 2021 Draft PTC Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items 9:45 PM-10:00 PM 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: 977 5267 4452 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 # 12283) Report Type: City Official Reports Meeting Date: 5/12/2021 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: • PTC Meeting Schedule • PTC Representative to City Council (Rotational Assignments) • Tentative 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: • Attachment A: May 12, 2021 PTC Meeting Schedule and Assignments (DOCX) 1 Packet Pg. 5 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 Virtual Meeting Regular 6/30/2021 6:00 PM Virtual Meeting Regular 7/14/2021 6:00 PM Virtual Meeting Regular 7/28/2021 6:00 PM Virtual Meeting 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 Ed Lauing Cari Templeton Giselle Roohparvar Michael Alcheck Cari Templeton Bart Hechtman Giselle Roohparvar Doria Summa Bart Hechtman July August September October November December Bryna Chang Doria Summa Bart Hechtman Michael Alcheck Cari Templeton Ed Lauing Ed Lauing Michael Alcheck Bryna Chang Ed Lauing Bryna Chang Giselle Roohparvar 1.a Packet Pg. 6 Planning & Transportation Commission 2021 Tentative Future Agenda The Following Items are Tentative and Subject to Change: Meeting Dates Topics May 26, 2021 • ADU Code Changes - Affordability Regulations Upcoming items: Topics • PTC Review of Objective Standards • Study Session: Ordinance Amending 18.42.110 (Wireless Communication Facilities) • Castilleja School • University Avenue In-Lieu Parking Program 1.a Packet Pg. 7 Planning & Transportation Commission Staff Report (ID # 12278) Report Type: Study Session Meeting Date: 5/12/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Student Presentation and Discussion of Parking Data Mapping and Analysis Project Title: Staff recommends the Planning and Transportation Commission (PTC) host a study session to discuss possible implications of parking data analysis provided by students at California State Polytechnic University, Pomona and to provide related feedback to the Office of Transportation about City of Palo Alto parking planning efforts. From: Philip Kamhi Recommendation Staff recommends the Planning and Transportation Commission (PTC) host a study session to discuss possible implications of parking data analysis provided by students at California State Polytechnic University, Pomona and to provide related feedback to the Office of Transportation about City of Palo Alto parking planning efforts. Background & Project Description Collaborating with the Office of Transportation, a group of Urban and Regional Planning students at California State Polytechnic University, Pomona have built spatial databases of the City’s parking facilities using Geographic Information Systems (GIS) technology. The class features a mix of graduate and undergraduate students. The purpose of the class is to apply Geographic Information Systems (GIS) technology to study a real-world planning problem and address it with policy recommendations. The students must utilize geospatial analysis and data processing skills in the process. The class has explored contributing factors to the utilization of City parking facilities by linking parking occupancy rate data (previously collected by the City and provided to the class) with a wide range of resident, employee, and business characteristics (data gathered and assembled by the students). The students will provide a 30-minute presentation. Students will be available 2 Packet Pg. 8 City of Palo Alto Planning & Development Services Department Page 2 afterward for a question and answer session. Following the presentation, staff will lead PTC members in a discussion of the students’ parking ideas and recommendations. 2 Packet Pg. 9 Planning & Transportation Commission Staff Report (ID # 11974) Report Type: Action Items Meeting Date: 5/12/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Review of 2022 - 2026 CIP for Comprehensive Plan Consistency Title: Review and Recommendation to Finance Committee and the City Council on Proposed 2022-2026 Capital Improvement Plan and Comprehensive Plan Compliance From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission take the following action: 1. Recommend to the City Council that the proposed 2022-2026 Capital Improvement Projects (CIPs) listed in Attachment B are consistent with the Comprehensive Plan 2030 policies and programs. Report Summary Every year, the Planning and Transportation Commission (PTC) reviews the proposed Capital Improvement Projects (CIPs) for consistency with the Comprehensive Plan and forwards their recommendations to the City Council. This is part of the annual budget process. The Fiscal Year 2022 Proposed Capital Budget1 was presented to the City Council on May 3, 2021 and is available on the City’s website. The 2022-2026 proposed Capital Improvement Plan consists of a total of 171 CIPs, including seven new CIPs. Staff has reviewed these seven new projects and found they are consistent with the Comprehensive Plan 2030. The remaining 164 projects in this year’s Capital Budget book were previously found consistent with the Comprehensive Plan and do not require additional compliance review. Staff recommends that the PTC find that the proposed new CIPs are consistent with the City’s Comprehensive Plan. 1 Fiscal Year 2022 Proposed Capital Budget 3 Packet Pg. 10 City of Palo Alto Planning & Development Services Department Page 2 Background The PTC is required to review the proposed CIPs for consistency with the Comprehensive Plan and forward its recommendations to the City Council Finance Committee and City Council. The authority for this review is contained in Palo Alto Municipal Code (PAMC) Section 19.04.040.2 Specifically, this section states: “The planning commission shall submit an annual report to the council regarding the capital improvement program, which shall review each project for its conformity to the master plan; review the program as a whole in order to suggest any improvement in economy or efficiency which might be effected through the combining of various projects; and suggest any needed improvements which do not appear in the program.” The PTC communicates its findings through a letter to the City Council via the Finance Committee. The PTC is asked to consider the draft letter (Attachment A) reflecting staff’s recommendations; this letter may be revised to reflect the PTC action. The PTC’s recommendation for FY 2022 will be presented during budget hearings to the City Council, which is tentatively scheduled to adopt both the Operating and Capital budgets for Fiscal Year 2022 on June 21, 2021. Discussion The 2022-2026 Proposed Capital Improvement Plan includes a total of 171 projects; of these projects, seven new CIPs (approximately four percent) have been added. Each new project is reviewed for consistency with the Comprehensive Plan. The relationship of each new project to the City’s Comprehensive Plan is established in two ways. First by linking the project to an element and section of Comprehensive Plan. Second, by reviewing the project for consistency with individual goals, policies, or programs of that element. New Capital Improvement Projects The new CIPs are listed below with a brief project description and Comprehensive Plan compliance information. Additional information about the projects and their funding can be found on the respective project pages in the FY 2022 Capital Budget document (see Footnote 1 above). 1. San Francisquito Creek Joint Powers Authority Ongoing Creek Projects (PE-22000) This project is comprised of studies and design completion for the San Francisquito Creek Joint Powers Authority (SFCJPA) upstream project. It includes creek channel widening and the Continuing Authority Program Section 205 (CAP 205) study. Completion of the CAP 205 study will make the channel widening components eligible for federal funding for the construction of the upstream project. The study will address elements of the SFCJPA’s comprehensive flood management program. The City of Palo 2 Palo Alto Municipal Code Section 19.04.040 3 Packet Pg. 11 City of Palo Alto Planning & Development Services Department Page 3 Alto is a contributing member of the JPA. Support from City of Palo Alto along with contributions from the other member agencies, will be used to complete the project. This will protect nearby creek residents from future San Francisquito Creek flooding. The funding for this project comes from the Capital Improvement Fund. This CIP is aligned with the Safety Element of the Comprehensive Plan and complies with Goal S-2, Natural Hazards section, Policy S-2.8 and Program S-2.8.4. 2. Airport Temporary Office Buildings (AP-22001) This project includes installation utilities connections, and procurement of furniture, fixture, and equipment (FF&E) for the existing temporary modular buildings at the Palo Alto Airport. The buildings were donated to the City by the Palo Alto Unified School District and will provide adequate office space for airport staff as well as terminal space for the public. The funding for this project is from the Airport Fund. This CIP is aligned with the Land Use and Community Design Element of the Comprehensive Plan and complies with Goal L-10, Palo Alto Airport section, and Policy L-10.1. 3. Colorado Distribution Feeder Outlet Replacement (EL-22002) This project is to replace and redesign the distribution feeder cables and conduit duct bank from the Colorado substation. The underground cables and equipment installed prior to 1990 have an expected life of 30 years and needs to be replaced before they fail and cause outages. These equipment and cables were installed in subsurface enclosures that have undergone weather related wear and tear and requires the rebuilding of the facilities. In addition, some utility design standards have changed and improved since this original installation. New design standards will be implemented to improve the resiliency and reliability of the feeder cables. The funding for this project is from the Electric Fund. This CIP is aligned with the Natural Environment Element of the Comprehensive Plan and complies with Goal N-7, Energy section, and Policy N-7.1. 4. Green Stormwater Infrastructure (SD-22001) This project provides funding for Green Stormwater Infrastructure (GSI) projects and the integration of GSI features in the design and implementation of planned CIP projects supported by other funds. GSI mimics the natural environment to slow, spread, sink, and filter storm runoff through native or engineered soils rather than discharging it directly into storm drain inlets. Elements include bioretention planters, rain gardens, tree wells, green roofs, pervious pavement, and rainwater harvesting (rain barrels and cisterns) to manage stormwater runoff. Implementing GSI projects and incorporating GSI features into the design of planned project sites throughout the City will reduce street flooding and capture pollution before it reaches the creeks or Bay by mimicking 3 Packet Pg. 12 City of Palo Alto Planning & Development Services Department Page 4 natural environment to slow, spread, and sink storm runoff. This will assist the City in the future maintenance of the City's assets. This project is supported by funds from the Stormwater Management Fund. This CIP is aligned with the Natural Environment Element of the Comprehensive Plan and complies with Goal N-4, Water Quality and Storm Management section, Policy N-4.10 and Program N-4.10.1 5. Computer Aided Dispatch (CAD) Upgrade (TE-23000) This project provides funding for the upgrade of the Computer-Aided Dispatch (CAD) system that serves the City of Palo Alto’s public safety departments along with the departments responsible for Utilities, Public Works, Animal Control, Park Rangers, and Stanford Department of Public Safety. The CAD system is a combination of hardware, software, database, network devices and switches to facilitate the quick and accurate transfer of information from reporting parties to operators in the field. The system is interoperable with systems in the cities of Mountain View and Los Altos. An operating agreement is currently being considered by all three cities, and the project is expected to be completed within 18 months of vendor selection. This project will help to conserve resources, improve response times, increase the resiliency, and reduce redundancy of these critical operating systems. Additionally, this will greatly enhance the interoperable communications between the three cities’ first responders. This CIP is funded by Technology Fund. This CIP is aligned with the Safety Element of the Comprehensive Plan and complies with Goal S-1, Community Safety section, Policy S-1, Policy S-1.9 and Program S-1.9.1. 6. Scheduled Vehicle and Equipment Replacement-Fiscal Year 2026 (VR-26000) Funding for this project will allow for the replacement of 24 vehicles and pieces of equipment scheduled for replacement in Fiscal Year 2022. The ongoing replacement of City fleet vehicles and equipment is prescribed by the City’s policy for vehicle replacement, which includes guidelines based on age, mileage accumulation, and obsolescence. Timely replacement of vehicles lowers maintenance costs, helps to maintain, or even increase the productivity of client departments, and allows the City to take advantage of new technology. As part of the policy, staff will first consider electric vehicles and then other alternative fuel vehicles when replacing existing vehicles. This project is funded by Vehicle Maintenance and Replacement Fund. This CIP is aligned with Natural Environment Element of the Comprehensive Plan and complies with Goal N-5, Air Quality section, and Policy N-5.2. 7. Horizontal Levee Pilot (WQ-22001) This project is the design, permitting, and construction of a horizontal levee pilot system. The horizontal levee system will utilize treated wastewater to create a transitional brackish habitat on the Bayside of a future flood control levee to be in the 3 Packet Pg. 13 City of Palo Alto Planning & Development Services Department Page 5 Palo Alto Baylands, adjacent to the City of Palo Alto’s Regional Water Quality Control Plant (RWQCP). Information and data collected by this pilot system could support broader implementation of horizontal levees as green infrastructure components in larger flood control levee improvement projects within Palo Alto and beyond. Horizontal levees provide multiple benefits beyond traditional wave attenuation technologies including sea-level rise protection, habitat improvement, and polishing treatment for treated wastewater. The funding for this project comes from the Wastewater Treatment Fund. This CIP is aligned with Natural Environment Element of the Comprehensive Plan complying with Goal N-8, Climate Change and Climate Adaptation section, Policy N-8.4 and Program N- 8.4.1. Attachment B provides: • The list of new CIPs; • The applicable Comprehensive Plan element, goal, policy and/or program that the projects are consistent with; • Information on expected board and or commission reviews; and • The anticipated environmental review for each new CIP. Attachment C lists the full text of all cited goals, policies, and programs from the Comprehensive Plan 2030 that are relevant to the new CIPs. Existing Capital Improvement Projects In addition to the new CIPs, the FY 2022 Proposed Capital Budget includes 164 existing and/or continuing CIPs from previous years. These projects account for nearly 96% of the 2022 CIP budget book. All these existing and/or continuing CIPs have been previously reviewed for consistency with the Comprehensive Plan and, therefore, do not require additional consistency review, as those previous findings are carried over to FY 2022 Proposed Capital Budget. The Natural Environment Element was the most cited Comprehensive Plan element followed by Community Services and Facilities Element, Transportation Element, and Land Use and Community Design Element. Figure 1 shows the distribution of CIPs by Comprehensive Plan elements. 3 Packet Pg. 14 City of Palo Alto Planning & Development Services Department Page 6 Figure 1: Distribution of CIPs by Comprehensive Plan Elements Environmental Review The review of the CIPs for Comprehensive Plan consistency does not constitute a ‘project’ under the California Environmental Quality Act (CEQA). Individual CIP projects may or may not be subject to CEQA. The environmental determination will be made on each individual project at the time of project implementation. Public Notification, Outreach & Comments Public notice in the newspaper is not required for this action item. It was posted in the online meeting agenda. At the time of this report’s writing, no written public comments were received. Next Steps The City Council and the Finance Committee will be reviewing the City’s budget from May through June, and the final budget adoption hearing will be held on June 21, 2021. Report Author & Contact Information PTC3 Liaison & Contact Information Chitra Moitra, Planner Rachael Tanner, Assistant Director (650) 329-2170 (650) 329-2441 Chitra.moitra@cityofpaloalto.org rachael.tanner@cityofpaloalto.org 3 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 3 Packet Pg. 15 City of Palo Alto Planning & Development Services Department Page 7 Attachments: • Attachment A: PTC Conformance Letter, 2021 (PDF) • Attachment B: List of New Capital Improvement Projects, 2021 (PDF) • Attachment C: Comprehensive Plan Goals, Policies and Programs, 2021 (PDF) 3 Packet Pg. 16 ATTACHMENT A May 12, 2021 Honorable City Council C/O City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 RE: Review of 2022-2026 Proposed Capital Improvement Projects (CIPs) The Planning and Transportation Commission (PTC) reviewed the 2022-2026 proposed Capital Improvement Plan on Wednesday, May 12, 2021 and determined that, all of the seven new Capital Improvement Projects included in the 2022-2026 Capital Budget are consistent with the adopted Comprehensive Plan and recommended forwarding this finding to the City Council and Finance Committee. The motion was made by Commissioner ______________ and seconded by Commissioner___________. The motion was approved by a vote of _____. Respectfully submitted Bart Hechtman, Chair Planning and Transportation Commission 3.a Packet Pg. 17 Nu m b e r Ti t l e Di v i s i o n Pr o j e c t C a t e g o r y De f a u l t F u n d Re c u r r i n g P r o j e c t Pr o j e c t S t a t u s Ye a r I d e n t i f i e d Pr i m a r y C o m p r e h e n s i v e P l a n El e m e n t Pr i m a r y C o m p r e h e n s i v e P l a n Se c t i o n Pr i m a r y C o m p r e h e n s i v e P l a n Go a l Pr i m a r y C o m p r e h e n s i v e P l a n Po l i c y Pr i m a r y C o m p r e h e n s i v e P l a n Pr o g r a m En v i r o n m e n t a l R e v i e w Po t e n t i a l C o m m i t t e e R e v i e w Pr o j e c t L o c a t i o n AP-22001 Airport Temporary Office Buildings PWD CIP Airport Fund Airport Facilities 530 - Airport Enterprise Fund No Active 2022 Land Use and Community Design Airport L-10 L-10.1 This project is expected to have a possible exemption from CEQA under section 15301 No 1925 Embarcadero Road EL-22002 Colorado Distribution Feeder Outlet Replacement UTL CIP Electric Fund System Improvements 523 - Electric Fund No Active 2021 Natural Environment Energy N-7 N-7.1 This project is expected to have a possible exemption from CEQA under Section 15301 Yes Colorado Substation PE-22000 San Francisquito Creek Joint Powers Authority Ongoing Creek Projects PWD CIP Stormwater Management Fund Buildings and Facilities 471 - Capital Improvement Fund Yes Active 2021 Safety Natural Hazards S-2 S-2.8 S2.8.4 An EIR and was completed for the downstream and upstream projects Yes SD-22001 Green Stormwater Infrastructure PWD CIP Stormwater Management Fund System Improvements 528 - Stormwater Management Fund Yes Active 2022 Natural Environment Water Resources N-4 N-4.10 N4.10.1 This project is exempt from CEQA under Section 15302 Yes Various TE-23000 Computer Aided Dispatch (CAD) Upgrade ITD CIP Technology Fund Department Technology Upgrades and Improvements 682 - Technology Fund No Active 2023 Safety Community Safety S-1 S-1.9 S1.9.1 Not Applicable No VR-26000 Scheduled Vehicle and Equipment Replacement - Fiscal Year 2026 PWD CIP Vehicle Fund Vehicle and Equipment Replacement 681 - Vehicle Replacement & Maintenance Fund No Active 2026 Natural Environment Air Quality N-5 N-5.2 This project is expected to have a possible exemption from CEQA under Section 15301 Yes 3201 E. Bayshore Road WQ-22001 Horizontal Levee Pilot PWD CIP Wastewater Treatment Fund System Improvements 526 - Wastewater Treatment Fund No Active 2022 Natural Environment Climate Change and Climate Adaptation N-8 N-8.4 N8.4.1 This project is expected to have a mitigated negative declaration or focused Environmental Impact Report Yes Palo Alto Baylands ATTACHMENT B Source: City of Palo Alto Planning Department and ASD Office of Management and Budget 2021 Page 1 of 1 San Francisquito Creek upstream Not Applicable 3.b Packet Pg. 18 ATTACHMENT C List of Cited 2030 Comprehensive Plan Goals, Policies and Programs LAND USE AND COMMUNITY DESIGN ELEMENT Palo Alto Airport GOAL L-10: Maintain an economically viable local airport with minimal environmental impacts. Policy L-10.1: Operate Palo Alto Airport (PAO) as a vital and efficient facility at its current level of operation without intruding into open space areas. PAO should remain limited to a single runway and minor expansion shall only be allowed in order to meet federal and State airport design and safety standards. (AP-22001) NATURAL ENVIRONMENT ELEMENT WATER RESOURCES GOAL N-4: Water resources and infrastructure that are managed to sustain plant and animal life, support urban activities, and protect public health and safety. Water Quality and Storm Management Policy N-4.10: Reduce pollution in urban runoff from residential, commercial, industrial, municipal, and transportation land uses and activities. Program N-4.10.1: Monitor and implement practices for reducing water pollution. Examples include state-of-the-art best management practices (BMPs), land use planning approaches and construction of modern stormwater management facilities. (SD-22001) AIR QUALITY GOAL N-5: Clean, healthful air for Palo Alto and the San Francisco Bay Area. Policy N-5.2: Support behavior changes to reduce emissions of particulates from automobiles. (VR- 26000) ENERGY GOAL N-7: A clean, efficient energy supply that makes use of cost-effective renewable resources. Policy N7.1: Continue to procure carbon neutral energy for both long-term and short-term energy supplies, including renewable and hydroelectric resources, while investing in cost-effective energy efficiency and energy conservation programs. (EL-22002) 3.c Packet Pg. 19 CLIMATE CHANGE AND CLIMATE ADAPTATION GOAL N-8: Actively support regional efforts to reduce our contribution to climate change while adapting to the effects of climate change on land uses and city services. Policy N-8.4: Continue to work with regional partners to build resiliency policy into City planning and capital projects, especially near the San Francisco Bay shoreline, while protecting the natural environment. Program N-8.4.1: 1 Prepare response strategies that address sea level rise, increased flooding, landslides, soil erosion, storm events and other events related to climate change. Include strategies to respond to the impacts of sea level rise on Palo Alto’s levee system. (WQ-22001) SAFETY ELEMENT COMMUNITY SAFETY GOAL S-1: A safe community that is aware of risks and prepared for emergencies. Policy S-1.9: Design Palo Alto’s infrastructure system to protect the life and safety of residents, ensure resiliency in the face of disaster and minimize economic loss, including in the context of climate change and sea level rise Program S-1.9.1: Develop an Infrastructure Master Plan that projects the future needs of streets, underground utilities and all City assets and plans for the incorporation of new technology that improves efficiency and effectiveness. (TE-23000) NATURAL HAZARDS GOAL S-2: Protection of life, ecosystems and property from natural hazards and disasters, including earthquake, landslide, flooding, and fire. Flood Hazard and Mitigation Policy S-2.8: Minimize exposure to flood hazards by protecting existing development from flood events and adequately reviewing proposed development in flood prone areas. Program S-2.8.4: Work with East Palo Alto, Santa Clara Valley Water District and San Francisquito Creek Joint Powers Authority on efforts to increase the flows within the San Francisquito Creek possible solutions include replacing the City-owned Newell Road Bridge and District-owned Pope Chaucer Street Bridge. (PE-22000) 3.c Packet Pg. 20 Planning & Transportation Commission Staff Report (ID # 12221) Report Type: Action Items Meeting Date: 5/12/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 855 El Camino: Establish a Retail Health Definition Title: 855 El Camino Real (20PLN-00252): Recommendation on an Applicant Request and Council Direction to Consider Establishing a Retail Health Definition and to Allow for Limited Ground Floor Retail Health Uses at Town & Country Village. Environmental Assessment: Exempt From CEQA in Accordance With Guideline Section 15301 (Existing Facilities). Zoning District: CC (Community Commercial). For More Information Contact the Project Planner, Claire Raybould at Claire.Raybould@cityofpaloalto.org From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Review the proposed Ordinance for inclusion of a Retail Health definition and a two- year limit to execute a lease, as directed by Council, and recommend that Council adopt the revised Ordinance in Attachment B, which allows for limited ground floor Retail Health Uses at Town & Country Village. Report Summary Citing a trend in retail storefront vacancies that were exasperated by the pandemic, the owners of Town & Country Village requested a legislative amendment to the City’s Zoning Code to permit medical office uses on the ground floor. Council held a public hearing on March 22, 2021 to consider the proposed project. In its motion, Council directed the PTC to review the proposed ordinance for inclusion of a Retail Health definition and a two-year limit to execute a lease (4-3; Dubois, Kou, Filseth dissenting). Council directed staff to return to Council with the revised Ordinance before the Council’s summer break. The summer recess begins June 22, 2021. 4 Packet Pg. 21 City of Palo Alto Planning & Development Services Department Page 2 The attached ordinance has been revised to reflect Council’s direction. Specifically, the ordinance establishes a Retail Health definition as a subset to Medical Office uses in Palo Alto Municipal Code Chapter 18.04, and amends Chapter 18.16 to permit a limited amount of Retail Health uses on the ground floor at Town & Country Village. Modifications to Chapter 18.16 include additional limitations on this use to ensure that the use complements the existing pedestrian and retail environment at the site. This is consistent with previous recommendations discussed during the PTC and Council hearing. The ordinance provisions also establish a limit on the timeframe to execute a lease for a Retail Health use. Background As discussed in previous staff reports to the PTC1 and Council2, Town & Country Village began experiencing some vacancies prior to the COVID-19 pandemic, which the applicant attributes to shifts in retail trends. Since shelter in place began, Town & Country Village has experienced more significant increases in vacancies. To minimize the number of reported vacancies and support existing retailers, the owner originally requested that 20% (30,049 square feet) of the ground floor area be converted to medical uses. Concerned about the amount of floor area potentially converting from retail and retail-like uses to medical office, staff recommended the PTC consider up to 15% (22,537 square feet) and a limit of 5,000 square feet for each medical tenant space. This size limit is intended to reinforce the ancillary and supportive role of medical uses to the broader retail environment at Town & Country Village. The PTC in its review on February 10, 20213, supported (3-2, Commissioners Summa and Lauing dissenting) the staff recommendation. PTC also added two other criteria: 1) any medical use established by the subject ordinance must terminate within 10 years and, 2) tenant leases must be signed before the end of the 2021 calendar year. The owner was concerned about their ability to lease tenant spaces to a medical provider with no opportunity for a lease extension. In addition, because of the sometimes protracted process of getting a tenant to sign a lease before the year’s end, the applicant presented to staff an alternative request to the PTC’s recommendation prior to the Council hearing. The updated request included a conversion of 10% (15,025 square feet) of the existing ground floor area to medical uses without restriction to when the lease is signed or its term. In the staff report to Council, staff recommended approval of this 10% conversion alternative for several reasons. First, the 10% conversion alternative would assign less floor area to medical 1 The Staff report for the February 10, 2021, Planning & Transportation Commission hearing is available at: tinyurl.com/855-ECR-First-PTC-Staff-Report and the minutes from this hearing are available at: tinyurl.com/855- ECR-First-PTC-Minutes 2The Staff report for the March 22, 2021, City Council hearing is available at: tinyurl.com/855-ECR-First-Council- Report and the minutes from this hearing are available at: tinyurl.com/855-ECR-First-Council-Minutes 3 A video of the February 10, 2021 Planning and Transportation Commission Hearing is available at: https://midpenmedia.org/planning-transportation-commission-63-2102021/ 4 Packet Pg. 22 City of Palo Alto Planning & Development Services Department Page 3 uses. Second, it provides a case study to better understand the relationship between medical uses in a mixed retail environment. Finally, it does not include the restrictions on tenancy that both the applicant and staff find problematic. Staff continued to support a 5,000 square foot limit on the size of any individual medical tenant space. The revised ordinance presented to Council included text amendments to Palo Alto Municipal Code Sections 18.16.050 and 18.16.060(e)(1) to effectuate this change. In its review of the proposed project on March 22, 2021 Council directed the PTC to review the proposed ordinance for inclusion of a Retail Health definition and a two-year limit to execute any leases. The intent of Council’s direction was that, in-lieu of allowing medical office uses, they may be more supportive a more narrowly defined retail health use. Following the PTC hearing, staff would return to Council for its consideration of an ordinance amending Chapter 18.04 to establish a Retail Health use and Chapter 18.16 to allow for limited Retail Health uses at Town & Country Village. Project Description Consistent with Council’s direction, the applicant has revised their project description to reflect a request for a legislative change in order to convert up to 10% of the ground floor space at Town & Country Village to Retail Health uses. The applicant’s request letter is included in Attachment C. As outlined in Attachment C, the applicant is not proposing a two-year limit to execute a lease. The letter explains that because the use, with the stated restrictions, fits appropriately within Town & County Village, the applicant does not believe there should be any lease restrictions. The applicant has outlined some examples of the types of tenants that they would intend to occupy these spaces, if allowed, including: membership-based primary care practices such as One Medical and Carbon Health; dental/braces services such as Invisalign and Candid; health and wellness services such as Modern Acupuncture and Hyper Wellness; and medi-spa services such as Awaken MD. Analysis4 As discussed in previous staff reports to the PTC and Council, staff finds the proposed project to be generally consistent with the Community Commercial land use designation and other goals and policies of the Comprehensive Plan. It facilitates a mix of uses that support a diverse retail environment while ensuring that this use is applied narrowly so that it is ancillary to existing and future retail uses at the shopping center. Although the previous analysis was provided for a broader allowance of medical use, these findings would not change based on the narrower Retail Health use suggested by Council. 4 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. 4 Packet Pg. 23 City of Palo Alto Planning & Development Services Department Page 4 Consistent with Council’s direction, the ordinance establishes a retail health use in the Code and would allow 10% of the ground floor area at Town & Country Village to be converted to a Retail Health use, for a total of 21.4% office including existing second-floor office uses. The ordinance also identifies limitations on the Retail Health use, including limits on execution of a lease as well as limits on the location of the use and the design of any spaces with this use, as discussed further below. Retail Health Definition The proposed ordinance in Attachment B defines “Retail Health” as meaning “a Medical Office use that is 5,000 square feet or fewer providing preventative and diagnostic procedures, and other health-related procedures, not requiring convalescence or general anesthesia, but that may include basic patient-oriented laboratory services. The use shall include a storefront and entry lobby design (minimum 500 sf or 15%, whichever is less) that is consistent with a retail environment such as a reception desk or retail displays and display windows. Treatment rooms shall not be visible from the entry or exterior. Retail Health may include some Medical support retail uses (e.g. sale of eyeglasses or other eye care products) that meet these size restrictions and storefront requirements.” The proposed definition is intended to include two components. First, it defines the limited types of services that could be included in this type of use. These uses would not include services beyond basic preventative or diagnostic care. This could include services such as a wellness spa or chiropractor, basic care for diagnostic services or preventative services, basic patient-oriented laboratory services (e.g. blood draw, not a full R&D lab), or for services such as braces or Invisalign. These uses are similar to those allowed under medical office but would be more limited in that they would exclude uses that offer corrective treatment such as surgical procedures. Second, this definition is intended to separate this use as a subset of medical office that is more retail-oriented. Specifically, the proposed definition of Retail Health use includes requirements for a retail-oriented frontage by requiring at least 15% of the total square footage or 500 square feet of the frontage, whichever is less, to be dedicated toward an entrance lobby design and/or retail displays; treatment rooms are not allowed to be visible from the exterior. Additional specific restrictions for this use within Town & Country Village are outlined below and proposed to be included in Chapter 18.16 of the code, as outlined in the proposed ordinance. The purpose of including this use as a subset of medical office is to avoid an unintended consequence of impacting existing medical office uses that meet this more limited Retail Health definition. For example, if “Retail Health” were treated as a distinct land use, some existing medical offices would be considered non-conforming unless the applicable zoning district were also updated to allow “Retail Health.” Similarly, there are some zoning districts in which Medical Office is permitted, but retail uses are not. Limits on Retail Health Use 4 Packet Pg. 24 City of Palo Alto Planning & Development Services Department Page 5 As discussed in previous staff reports, PAMC Section 18.16.050 currently restricts both the total amount of office uses at Town & Country Village to 15% of the site as well as the conversion of any non-office use on the ground floor to an office use. In order to allow for Retail Health to be located on the ground floor at Town & Country Village, a legislative change is required to modify these restrictions. The modified ordinance would allow a total of 10% of the ground floor to be converted from a retail or retail-like use to a retail health use. This is less than the total amount of medical office originally recommended by the PTC (15% of the ground floor). In addition, some restrictions on this land-use based on feedback from the PTC and Council have been proposed as part of the draft ordinance, including restrictions on location, design, and a time limit on execution of a lease. Notably, as a result of Ordinance 5517, which becomes effective on May 12, 2021, Retail Health uses will not require a conditional use permit to establish at Town & Country Village. Ordinance 5517 makes a number of minor changes to the zoning code to support economic recovery, including a change to treat Medical Office under 5,000 square feet as a permitted use in the CC zoning district (subject to site specific limitations like the ones discussed in the preceding paragraph for Town and Country Village). Location Consistent with the PTC discussion at the February 10, 2021 PTC hearing, the applicant’s revised proposal to Council suggested that the location of these uses should be limited to storefronts that do not face directly onto El Camino Real or Embarcadero Road. This requirement has been included in the ordinance for Retail Health uses. Design In order to ensure that Retail Health uses are compatible with surrounding retail uses and support the pedestrian environment in Town & Country Village shopping center, the new definition includes specific requirements for the design of the storefront (addition of a lobby space or retail display of a specific size). Additionally, the ordinance reflects a requirement that Retail Health uses at Town & Country Village have transparent storefronts at the entrance, similar to City requirements within the retail combining districts. Lease Restriction The PTC in its earlier review recommended that 1) any medical use established by the subject ordinance must terminate within 10 years and, 2) tenant leases must be signed before the end of the 2021 calendar year. Staff does not support term limits on a lease for several reasons. First, because it may require the termination of a successful business in 10 years. Additionally, term limits could be disruptive to residents using those medical services, and upfront tenant improvement costs may discourage some tenants from signing a lease that cannot be extended. Finally, the code enforcement effort that could be required to remove potentially successful businesses and the challenging dynamics of removing a potentially thriving businesses is of concern to staff. Council did not support lease termination. 4 Packet Pg. 25 City of Palo Alto Planning & Development Services Department Page 6 The Council in its review agreed with the PTC’s recommendation on limiting the timeline for execution of a lease and staff does not object to a limit on the timeframe for execution of a lease, consistent with that direction. Council recommended modifications to the ordinance to require a two-year time limit on the execution of a lease agreement. The proposed ordinance has been modified to reflect the Council’s motion. Staff notes that the applicant’s proposed project does not include the limitations on execution of a lease for a Retail Health Use. As explained in Attachment C, it is the applicant’s position that the limited definition and other restrictions on the use being proposed provides sufficient controls and restrictions for this use. In addition, they believe there is adequate evidence that the downward trend in traditional retail leasing at Town & Country Vollage and elsewhere is well-documented. Therefore they do not feel there is a need for the two-year lease execution limitation. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is exempt from CEQA in accordance with CEQA Guidelines Section 15301 (existing facilities). The proposed ordinance would allow for some of the tenant spaces within a mixed-use commercial center to change to medical office uses. The proposed medical office use would replace existing spaces that were recently occupied by retail or retail-like uses, which have similar environmental impacts to the medical office uses. In addition, the project involves only a small fraction of the overall square footage on the site. Therefore, this project results in negligible or no expansion of the use of existing facilities. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance of the hearing. Notice of a public hearing for this project was published in the Daily Post on April 30, which is 13 days in advance of the meeting. Postcard mailing occurred on April 30, which is 13 days in advance of the meeting. Public Comments During the Planning and Transportation Commission hearing, one member of the public provided comments on the proposed project; the same resident provided written comments in addition to the oral comments. The speaker expressed concern that nearby school uses, such as Stanford and Palo Alto High School, which are temporarily closed, will re-open, allowing retail businesses at the site to pick up again. The speaker also noted that the vacancy rate is not that much higher than it has been in the past. The resident expressed that the proposal to allow medical office use would not support retail because it reduces available retail spaces in the City and suggested that the applicant provide reduced rent to allow businesses to remain in 4 Packet Pg. 26 City of Palo Alto Planning & Development Services Department Page 7 operation. At the City Council hearing on March 22, 2021, that same member of the public spoke, expressing similar concerns as those expressed to the PTC. There were eight other written comments to Council, and these are included in Attachment D. Report Author & Contact Information PTC5 Liaison & Contact Information Claire Raybould, AICP, Senior Planner Rachael Tanner, Assistant Director (650) 329-2116 (650) 329-2167 Claire.Raybould@Cityofpaloalto.org rachael.tanner@cityofpaloalto.org Attachments: • Attachment A: Location Map (PDF) • Attachment B: Proposed Ordinance (PDF) • Attachment C: Applicant Request Letter (PDF) • Attachment D: Public Comments (PDF) 5 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 4 Packet Pg. 27 30 5 0 Bldg 3 Bldg 1 Bldg 2 Bldg 4 AMF ee Building Peninsula Creamery Heinichens_Garage 09-560 M E N'S_R ESTR O O M Bldg 5 Trader Joe's Jamplis _Building 75.0' 1 124.8' 50.0' 225.0' 50.0' 50.0' 112.5' 50.0' 112.5' 112.5' 75.0' 112.5' 112.5' 112.5' 112.5' 50 50.0' 112.5' 50.0 105.0' 50.0' 105.0' 50.0' 105.0' 50.0 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 10 50.0' 105.0' 100.0' 105.0' 100.0' 105.0' 50.0' 121.2' 50.0' 121.2' 51.8' 121.2' 51.8' 121.2' 121.2' 207.3' 259.5'121.2' 56.0' 121.2' 56.0' 100.0' 121.2' 100.0' 121.2' 50.0' 121.2' 50.0' 121.2' 18.8' 535.5' 938.0' 578.2' 1019.5' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 100.0' 105.0' 100.0' 105.0' 105.0' 50.0' 105.0 100.0' 105.0' 100.0' 105.0' 137.5' 112.5'137.5' 112.5' 75.0' 105.0' 75.0' 105.0' 52.0' 105.0' 52.0' 105.0' 73.0' 105.0' 73.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 200.0' 105.0' 200.0' 105.0' 5 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 105.0 06' 60.6' 121.2' 121.2' 50.0' 50.0' 148.2' 149.1' 121.2' 121.2' 100.0' 100.0' 121.2' 121.2' 182.3' 200.0' 121.1'14.3' 72.6' 137.4' 84.5' 112.3' 39.0' 48.0'43.5' 112.3' 82.2' 224.6' 212.7' 72.0' 105 9 1101 1060 1043 1 33 51 75 63 841 44 1019 1027 A B 1035 1052 1044 1061 107 105 103 1045 1028 1020 160 1001 1005 1009 1015 1027 1037 1010 1024 1004975 945 929 931 948 181 940 960 145 900 955 999 875853 9 8 1 855 901-907 909 87 98 10381036 917 921 925 25 50 795 904 100 27 29 965 1012 95 55 85 901 67 998 1107 101 105 118 HIGH STREET LINCOLN AVE LANE B EA HIGH STREET ALM A STREET ALM A STREET ALMA STREET CHANNING AVENUE ADDISON AVENUE E L C A MIN O RE A L E L C A MI N O R EAL EMBARC A DER O ROAD URBAN LANE ENCINA AVENUE ENCINA AVENU E LANE A WEST LANE B WEST CS CC PC- 4389 CS F PC-4782 CS RT-35 RT-50 Palo Alto High School P A M F P A R K I N G S T R U C T U R E EL CAMINO GROVE This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Project Site 0' 199' Town & Country Village 855 El Camino Real CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2020-11-11 15:11:54 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 4.a Packet Pg. 28 *NOT YET APPROVED*  1 0160047_20210506_ay16  Ordinance No. ____    Ordinance of the Council of the City of Palo Alto Amending Chapters 18.04 and  18.16 of Title 18 (Zoning) of the Palo Alto Municipal Code to Establish a Retail  Health Use and to Allow A Limited Square Footage of Retail Health Uses on the  Ground Floor at Town & Country Village       The Council of the City of Palo Alto does ORDAIN as follows:    SECTION 1.   Findings and Declarations. The City Council finds and declares as follows:    1. On December 8, 2020, Ellis Partners, the owner of Town & Country Village, located at 855  El Camino Real, filed a request for a Palo Alto Municipal Code Zoning Text Amendment to  allow a limited amount of medical office to be located within ground floor tenant spaces  at the Town & Country Village shopping center.    2. As a result of the COVID‐19 pandemic, Town & Country Village is currently experiencing a  vacancy rate of 22.9%, which is 18.3% higher than the vacancy rate in January 2020 and  significantly higher than vacancy rates experienced during the Great Recession, which  peaked in 2010 at 7.8%.  3. Vacancies in retail environments can result in a domino effect, as reduced foot traffic to  the shopping center because of vacancies can lead to additional vacancies.  4. Many of the tenants of Town & Country Village are smaller, independent businesses that  have been more heavily impacted by the pandemic‐fueled economic downturn.  5. Additional flexibility to allow some retail health uses on the ground floor will enhance the  economic vitality of Town & Country Village while producing foot traffic similar to the  retail and retail‐like uses currently allowed on the ground floor.    SECTION 2.   Subsection (a)(95) (Medical Office) of Section 18.04.030 (Definitions) of  Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby  amended to read as follows:    [. . .]    (95) “Medical office” means a use providing consultation, diagnosis, therapeutic, preventive, or  corrective personal treatment services by doctors, dentists, medical and dental laboratories, and  similar practitioners of medical and healing arts for humans, licensed for such practice by the  state of California. Incidental medical and/or dental research within the office is considered part  of the office use, where it supports the on‐site patient services. Medical office use does not  include the storage or use of hazardous materials in excess of the permit quantities as defined in  4.b Packet Pg. 29 *NOT YET APPROVED*  2 0160047_20210506_ay16  Title 15 of the Municipal Code. Medical gas storage or use shall be allowed up to 1,008 cubic feet  per gas type and flammable liquids storage and use shall be allowed up to 20 gallons total  (including waste).    (A) “Retail Health” means a Medical Office use that is 5,000 square feet or fewer providing  preventative and diagnostic procedures, and other health‐related procedures, not  requiring convalescence or general anesthesia, but that may include basic patient‐ oriented laboratory services. The use shall include a storefront and entry lobby design  (minimum 500 sf or 15%, whichever is less) that is consistent with a retail environment  such as a reception desk or retail displays and display windows. Treatment rooms shall  not be visible from the entry or exterior. Retail Health may include limited Medical  Support Retail uses (e.g. sale of eyeglasses or other eye care products) that meet these  size restrictions and storefront requirements.    SECTION 3.   Section 18.16.050 (Office Use Restrictions) of Chapter 18.16 (Neighborhood,  Community and Service Commercial Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code  is hereby amended to read as follows:    18.16.050   Office Use Restrictions  The following restrictions shall apply to office uses:    (a)   Conversion of Ground Floor Housing and Non‐Office Commercial to Office     Medical, Professional, and Business offices shall not be located on the ground floor, unless any  of the following apply to such offices:        (1)   Have been continuously in existence in that space since March 19, 2001, and as of such  date, were neither non‐conforming nor in the process of being amortized pursuant to Chapter  18.30(I);        (2)   Occupy a space that was not occupied by housing, neighborhood business service, retail  services, personal services, eating and drinking services, or automotive service on March 19, 2001  or thereafter;        (3)   Occupy a space that was vacant on March 19, 2001;        (4)   Are located in new or remodeled ground floor area built on or after March 19, 2001 if the  ground floor area devoted to housing, retail services, eating and drinking services, personal  services, and automobile services does not decrease;        (5)   Are on a site located in an area subject to a specific plan or coordinated area plan, which  specifically allows for such ground floor medical, professional, and general business offices; or        (6)   Are located anywhere in Building E or in the rear 50% of Building C or D of the property  at the southeast corner of the intersection of Park Boulevard and California Avenue, as shown on  sheet A2 of the plans titled “101 California Avenue Townhouse/Commercial/Office, Palo Alto,  CA” by Crosby, Thornton, Marshall Associates, Architects, dated June 14, 1982, revised November  23, 1982, and on file with the Department of Planning and Development Services.  (7) Are retail health uses located within Town & Country Village, provided that:     (A) Total retail health uses on the ground floor shall not exceed 15,025 square feet (10%)  of the ground floor area.  4.b Packet Pg. 30 *NOT YET APPROVED*  3 0160047_20210506_ay16  (B) No retail health use shall face directly onto El Camino Real or Embarcadero Road.  (C) Exterior windows on the ground floor shall use transparent glazing. Low‐e glass or  minimal tinting to achieve sun control is permitted, provided that the glazing appears  transparent when viewed from the ground level. Window coverings are not permitted on  the ground floor during typical business hours.  Where operations preclude transparency  or where privacy requires window coverings other than at the entrance of the tenant  space, pedestrian‐facing windows shall include items of visual interest such as retail  displays.  (D) Any lease for this use must be executed within two years of ________, 2021.  (E) Such retail health uses may replace retail or retail‐like uses, notwithstanding the retail  preservation requirements contained in Section 18.40.180.       (b)   Size Restrictions on Office Uses in the CN and CS Districts    [. . .]    SECTION 4.    Section 18.16.060 (Development Standards) of Chapter 18.16  (Neighborhood, Community and Service Commercial Districts) of Title 18 (Zoning) of the Palo  Alto Municipal Code is hereby amended to read as follows:    18.16.060   Development Standards      (e)   CC District Shopping Center Floor Area Ratio Regulations  (1) The maximum floor area ratio for the Town and Country Village Shopping Center shall be  .35 to 1; and office uses at said shopping center shall be limited to 15% 36,579 sf (21.4%  of the floor area of the shopping center existing as of August 1, 1989), except as further  regulated by Section 18.16.050(a)(7). To the extent that Hotel use shall not be included  as part of the .35 to 1 maximum floor area ratio, but shall not exceed an additional .25 to  1 floor area ratio, for a maximum site floor area ratio of .60 to 1.     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 this Ordinance is exempt from environmental review  under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section  15301 for existing facilities.  4.b Packet Pg. 31 *NOT YET APPROVED*  4 0160047_20210506_ay16    SECTION 7.    This Ordinance shall be effective on the thirty‐first date after the date of its  adoption.            PASSED:    AYES:    NOES:    ABSENT:    ABSTENTIONS:    ATTEST:         _________________________  ____________________________  City Clerk     Mayor    APPROVED AS TO FORM:    APPROVED:    _________________________  ____________________________  Assistant City Attorney    Director of Planning and        Development Services     4.b Packet Pg. 32 4.c Packet Pg. 33 4.c Packet Pg. 34 4.c Packet Pg. 35 4.c Packet Pg. 36 #20 1,754 sf #1081,309 sf #1071,259 sf #127 3,622 sf #1151,530 sf Building 5 2nd Floor Building 42ndFloor Building 3 2nd Floor Building 1 2nd Floor Example of 15,000 SF #402,537 sf #362,351 sf 15% of each suite, capped at 500 sf 4.c Packet Pg. 37 Medical Retail Examples 4.c Packet Pg. 38 From: To:Council, City; Clerk, City Subject:March 22, 2021 Council Meeting, Item #3: 855 El Camino Real (20PLN-00252) Date:Sunday, March 21, 2021 5:28:27 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. 32Palo Alto, CA 94302 March 21, 2021 Palo Alto City Council250 Hamilton AvenuePalo Alto, CA 94301 MARCH 22, 2021 CITY COUNCIL MEETING, AGENDA ITEM #3855 EL CAMINO REAL (20PLN-00252) Dear City Council: I urge you to remove this item from your agenda, because theproposed project is not exempt from the CaliforniaEnvironmental Quality Act (CEQA) and requires either aMitigated Negative Declaration or Environmental Impact Reportbefore the Council can hold a public hearing on thisapplication. The staff report alleges that the project is exempt from CEQApursuant to CEQA Regulation Section 15301 (ExistingFacilities). CEQA Regulation 15301 says, "15301. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." (Emphasis Added) I urge you to ask the City Attorney in open session whether Ihave accurately quoted the text of CEQA Regulation 15301. The last two pages attached to the staff report for this agendaitem show the floor area of each occupied use at Town andCountry Village. Only one leased space at Town and Country Village in location82 (Dr. Berkowitz at For Eyes) is a medical office consisting ofonly 720 square feet. The thousands of square feet of additional medical officesrecommended is not a "negligible" expansion of an existing useas required by CEQA Regulation 15301. 4.d Packet Pg. 39 Proceeding with your scheduled hearing on the basis of staff'sproposed CEQA exemption is a violation of CEQA and aprejudicial abuse of discretion. Planning Director Johnathan Lait's spouse's solo psychotherapypractice is currently prohibited from replacing retail uses onthe ground floor at Town and Country Village Shopping Center,but would be permitted to replace retail uses if you adopt theproposed ordinance. Does that fact mean that the proposed ordinance has aforeseeable material financial effect on Director Lait that isdistinguishable from the public generally and that, therefore,he has a potential conflict of interest regarding the medicaloffice language in the proposed ordinance? Thank you for your consideration of these comments. Sincerely, 4.d Packet Pg. 40 From: To:Council, City; Tanaka, Greg; DuBois, Tom; Burt, Patrick; Cormack, Alison; Stone, Greer; Filseth, Eric (Internal);Kou, Lydia Subject:Please reject the variance for first-floor medical at Town & Country Date:Saturday, March 20, 2021 3:09:14 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council, Please reject the landlord's request for a variance to enable him to rent ground-floorspace to medical offices, gyms, dental offices, etc. The City gets no sales tax revenues from medical/dental services who staffs will take up much-need parking that will hurt the existing struggling retail businesses. Why the rush? Let retail recover from the pandemic. The landlord has a 20+ year history of destroying retail tenants dating back to the2000 dot.bomb crash when he refused to let long-term tenant Prestige Boutique move BACK into its smaller EMPTY space from the larger more costly space to which they'd moved. Ellis refused to make even that small accommodation to a long-term tenant and since then has done the same to Patrick James and MayfieldBake Please do the right thing and keep Town & Country "vibrant" with retail. Don'treward Ellis. Don't deprive the city of needed sales tax revenue. Most sincerely Middlefield RoadPalo Alto, CA 94301 4.d Packet Pg. 41 From: To:Council, City Subject:Town & Country Retail Date:Sunday, March 21, 2021 5:31:19 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Mayor Dubois, Vice Mayor Burt & Council Members, As I have stated before it is well known that Ellis is using the pandemic as an excuse to not negotiate with tenants and blames the vacancies on the virus. Patrick James Clothiers and the Mayfield Restaurant and Bakery would still be in Town & Country Village center had Ellis worked with these strong tenants. The economy is improving and coupled with the public getting vaccinated will contribute to a better retail climate. All landlords have to plan for the ups and downs of doing business. It is shameful for this wealthy property owner to cry foul and attempt to get you, the city council, to bend to his design. Please do not agree to medical services on the ground floor of Town & Country Village. Should you ignore what constituents want (retail on the ground floor) then these leases for medical services would remain and retail as we know it would be eliminated. The cachet of Town & Country would be severely diminished. This is not a common strip mall. The parking lots would be overwhelmed with the constant comings and goings of patients. I have been going to Town & Country Village since I was a kid in the fifties. It provides patrons with an ambiance, stores, and restaurants that the public enjoys. It has served as a boon to many during the pandemic where they could frequent Douce France or browse for books at Books Inc. It is in contrast to the corporate mall which certainly has its place but does not offer the same experience. California Avenue lost a florist, bakery, bookstore and art supply store. The last council wanted gyms on California Avenue. The character of the avenue has changed. Therefore I ask that you retain our current retail zoning and do not allow medical services on the ground floor. Respectfully yours, 4.d Packet Pg. 42 From: To:Council, City Subject:KEEP RETAIL ON THE GROUND FLOOR IN TOWN AND COUNTRY!!! Date:Sunday, March 21, 2021 7:18:17 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. To the PA Council: Don't allow office space to overtake retail space in Town and Country! We need some place to shop! Sincerely, 4.d Packet Pg. 43 From: Subject:Please do not allow medical at T&C. The consequences will be irreversible Date:Monday, March 22, 2021 9:26:17 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council - Town and Country was a thriving retail and eating shopping center (with offices on the second floor) before the pandemic. Give the environment a chance to 'grow back' it will not happen overnight. We know that medical/offices provide a greater rent than retail - and this would be the goal of the property owners, 'highest and best use' If Palo Alto needs more medical space, please allow offices to be converted, NOT retail.There are plenty of offices available for conversion to medical. Our spaces zoned for retail are precious - please keep them 4.d Packet Pg. 44 From: To:Council, City Subject:Town and Country Village Agenda Item 3 Date:Monday, March 22, 2021 1:49:11 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Dubois and Council Members, Spot zoning for one particular commercial property company to provide them a permanent financial windfall because they complain that their business model isn’t working is a terribleprecedent to set. It is not the responsibility of the city council to bail out particular property owners by spot- zoning to give them a permanent financial advantage. Although during the P&TC discussionMichael Alcheck proposed some conditions and limits that could be included to make council’s approval more palatable, in reality any such “temporary” conditions are de factopermanent. This is not the first time the council has been asked to change zoning codes for the benefit of certain commercial property owners. During a previous financial turndown and citingvacancies, council was asked to allow similar conversions of certain retail properties to offices along the University Avenue side streets. Council voted to allow “temporary” but notpermanent conversions during the economic downturn, with the proviso that this come back to council after the economy recovered. While attaching such conditions may allow council tofeel justified in voting in the affirmative, a lack of any systematic “institutional memory” means any conditions that require the city to automatically follow up at a later date are worthless than the paper on which they are printed. And I think one can assume that the property owners in question are hardly likely to do so. Once again, the quality of the P&TC discussion and vote was disappointing. Particularly assome members of the commission appear to either regularly spend little, if any, time familiarizing themselves in advance, and/or lack the experience to understand in depth, thematerials provided by staff. Leaving them unable to contribute much of substance and/or more than a shallow analysis of the complex land use issues pertaining to Palo Alto that comebefore the commission. While unfortunately, those with a greater understanding all too often may appear to be acting more as advocates for applicants rather than objectively representingthe council and city. Sincerely, Cornell StreetPalo Alto 4.d Packet Pg. 45 From: To:DuBois, Tom; Burt, Patrick; Kou, Lydia; Cormack, Alison; Tanaka, Greg; Filseth, Eric (Internal); Stone, Greer;Council, City Subject:Town & Country Date:Monday, March 22, 2021 2:49:38 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Mayor Du Bois, Vice Mayor Burt and council members, Please do not allow a vibrant Town & Country retail center to become a medical destination. We already have that next door at PAMF, other places in town, and nearby at Stanford. Many times a week I’m a customer at the Village and it continues to be a very popular spot for dining, specialty services, all sorts of retail purchases - food, pharmacy, books, dry cleaning, clothing etc. It is unique to this town and quite a successful retail center. Pre-pandemic T&C was thriving on all cylinders. At times it was difficult to find parking. They even had to offer valet parking to accommodate all the patrons. Then the pandemic hit. Things changed. Now as we emerge out of the pandemic people are returning, the center is busy and sales are increasing. Prior to the pandemic a former council member was quite complimentary about the success of the center and the “mix” of tenants and that it should serve as a beacon and example for Cal Ave and other retail centers. I’ve heard that the property owner started refusing to renew/negotiate leases for Mayfield restaurant and bakery, Patrick James and others. Those two businesses were thriving with longtime, repeat customers as well as new customers. Frequently there were lines out the doors at Mayfield. Please keep T&C retail and do not allow medical offices as tenants. Sincerely, 4.d Packet Pg. 46 From:Rubinson, Dean J. To:Council, City Cc:Raybould, Claire; Lait, Jonathan; Evers, Melinda Ellis; Ellis, James F.; Sarah MacIntyre; Jeff Burkebile; French, Amy Subject:Town & Country Village Date:Friday, March 19, 2021 8:21:19 AM Attachments:Town and Country Zoning Text Change Proposal 03-02-21 Final.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Members of the Palo Alto City Council, I am writing to you ahead of the March 22nd meeting at which we will be discussing our request to allow some degree of Medical Office Use at Town & Country Village. We believe the attached letter, which is included in the Staff Report, clearly outlines the dire leasing situation we are facing at this treasured asset and the fact that this condition is a result of long-term shifts towards e-commerce that are exacerbated by the COVID-19 pandemic, but will remain and likely worsen even after this health crisis subsides. We have been thoughtful stewards of Town & Country since 2005 and have been carefully managing the merchandising mix in a way that creates a unique shopping experience for the community. However, the increased failures of our tenants is creating a dangerous downward spiral which will result in even greater vacancy unless we can restore foot traffic to the center quickly. We truly believe that allowing some degree of flexibility in leasing to Medical Office uses will restore this critical traffic to Town & Country while still maintaining its special charm. We understand that the there is concern that introducing these uses could change the overall experience at the center. Given the recent evolution of Medical Office uses towards retail and public facing settings (see images on the attached letter), we do not share these concerns. Furthermore, we believe that our revised proposal of 15,000sf or 10% of the ground floor (which is 50% of our original request), coupled with our agreement not to place these uses along street frontage, finds an appropriate balance, while meaningfully addressing the leasing and foot traffic crisis being faced at Town & Country. As indicated in the Staff Report, we and Palo Alto Planning Department staff feel that this revised proposal results is a careful compromise that we truly hope you will support at Monday’s meeting. If you have any questions or want any additional information ahead on that meeting, please feel free to email me or call me at (415) 373-7706 at any time, including this weekend, to discuss this important matter. Thank you for your time and consideration, Dean Rubinson Dean Rubinson 4.d Packet Pg. 47 Partner, Director of Development 111 Sutter Street, Suite 800 San Francisco, CA 94104 415.373.7706 dean@ellispartners.com www.ellispartners.com This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply email and delete the message. Thank you. 4.d Packet Pg. 48 Planning & Transportation Commission Staff Report (ID # 12284) Report Type: Approval of Minutes Meeting Date: 5/12/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: April 14, 2021 Draft Meeting Minutes Title: April 14, 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 April 14, 2021 Planning and Transportation Commission (PTC) meetings were made available to the Commissioners prior to the May 12, 2021 meeting date. The draft PTC minutes can be viewed on line on the City’s website at https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Planning-and- Transportation-Commission-PTC 5 Packet Pg. 49