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Home My WebLink AboutStaff Report 380-06City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:SEPTEMBER 25, 2006 CMR: 380:06 SUBJECT:901 SAN ANTONIO ROAD [06PLN-00031~ 06PLN-00050]: REQUEST BY ~STEINBERG ARCHITECTS ON BEHALF OF BRIDGE URBAN INFILL LAND DEVELOPMENT (BUILD) FOR CITY COUNCIL APPROVAL OF: 1.) AN ORDINANCE ESTABLISHING A PLANNED COMMUNITY (PC) DISTRICT AND A PROPOSED PLANNED COMMUNITY DISTRICT DEVELOPMENT PLAN, WHICH INCLUDES THE DEVELOPMENT OF 103 UNITS OF FOR-SALE TOWNHOME STYLE RESIDENCES AND 56 SENIOR AFFORDABLE RESIDENCES, A PARKING GARAGE AND LANDSCAPING IMPROVEMENTS, AND A COMPREHENSIVE PLAN AMENDMENT FROM LIGHT INDUSTRIAL TO~ MIXED USE; 2.) A RESOLUTION ADOPTING ARCHITECTURAL REVIEW FINDINGS AND CONDITIONS OF APPROVAL; 3.) A TENTATIVE MAP TO SUBDIVIDE THE PARCEL AND CREATE CONDOMINIUM UNITS; 4.) A LETTER AGREEMENT FOR A PROPOSED BELOW MARKET RATE (BMR) HOUSING PROGRAM, AND 5.) CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT. ENVIRONMENTAL ASSESSMENT: A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE BUILD AND TAUBE-KORET CAMPUS FOR JEWISH LIFE (TKCJL) HAS BEEN PREPARED. ZONE DISTRICT: GM. RECOMMENDATION Staff recommends that the City adopt an ordinance on first reading to establish a Planned Community (PC) district for the BUILD project at 901 San Antonio Road and affirm the following actions that were made by the City Council at the September l 1, 2006 meeting: Find that the Final Environmental Impact Report (FEIR) adequately addresses the environmental impacts of the proposed development plan per the requirements of CEQA, and certify the FEIR and adopt a Mitigation Monitoring and Reporting Program (MMRP) (Attachment B); CMR: 380:06 Page 1 of 2 Grant a Zone Change from the existing General Manufacturing (GM) to a Planned Community (PC) district and grant a Comprehensive Plan Land Use Map Amendment from Light Industrial to Mixed Use (Attachment C); 3.Adopt an Architectural Review resolution, including the project conditions of approval (Attachment D); Approve the Below Market Rate (BMR) Housing plan for 56 senior apartment units (Attachment E); Approve the Tentative Map to subdivide the existing four acre site and create one multiple- family residential lot of approximately 0.5 acres containing 56 multi-family senior residential apartment units and one multiple family residential lot containing 103 condominium townhome-style units (Attachment F). BACKGROUND The City Council held a public hearing on the BUILD Planned Community project on September 11, 2006. The Council heard testimony from staff, the applicant, and members of the public. The Council closed the public hearing and unanimously voted to approve the project. Due to the need for additional notice of the proposed PC ordinance, final action was deferred to September 25, 2006. DISCUSSION Staff requests that the City Council conduct the first reading of the Planned Community ordinance and affirm the actions made on September 11, 2006. The second reading of the PC ordinance will be scheduled for a future City C, gx~cil meeting. PREPARED BY: STEVEN TUI~E~’) Senior PP~ne{ [ / DE PA RTMENT HE AD: ~Direct°r’°f Pla~unity EnvironmentCITY MANAGER APPROVAL: ~~,~,~~~ ~’~SON Assistant City Manager ATTACHMENTS A.Location map B.CEQA Resolution and Draft Mitigation Monitoring Plan C.Planned Community Ordinance D.Architectural Review Resolution and Conditions of Approval E.BMR Program Letter F.Record of Land Use Action: Tentative Map Approval COURTESY COPES Interested Parties List CMR: 380:06 Page 2 of 2 ATTACHMENT A Attachment B NOT YET APPROVED RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM AND FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL IMPACTS IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE BUILD PLANNED COMMUNITY DEVELOPMENT PROJECT AT 901 SAN ANTONIO ROAD,FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED WHEREAS, the City of Palo Alto ("City") has prepared a Final Environmental Impact Report ("FEIR") for the development of 901 San Antonio proposed jointly by the Taube Koret Campus for Jewish Life ("TKCJL") and BRIDGE Urban Infill Land Development, LLC ("BRIDGE"); and WHEREAS, 901 San Antonio Road consists of two properties totaling approximately 12.5 acres in the City of Palo Alto ("Project Area"). The northern 4-acre property of the Project Area ("BUILD site") ms owned by BRIDGE and is proposed for development of 159 residential units of which 56 will be be!ow market rate rental apartments for seniors ("BUILD Project’). The southern 8.5-acre property of the Project Area ("TKCJL Site") is owned by TKCJL and is proposed for development of a recreation/community center, preschool/day care, and 193 senior assisted living and congregate care units ("TKCJL Project"). The BUILD Project and the TKCJL Project are sometimes collectively referred to hereln as "the Project"; and WHEREAS, the Planning Commission has reviewed and analyzed the FEIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public hearings on the Draft Envlronmental Impact Report (DEIR) and FEIR and deems the FEIR to be complete in accordance with the requirements of the California Environmental Quality Act ("CEQA") and state and local regulations; and WHEREAS, CEQA requires that certain Findings be made regarding the significant environmental effects identified connection with the approval of a Project for which an EIR has 060920 syn 0120167 NOT YET APPROVED been prepared and that identifies environmental effects; and one or more significant WHEREAS, the Planning Commission has reviewed all staff reports and all other information in the record and has considered the information contained therein, including the written and oral comments received at public hearings on the Project, and makes the Findings contained in this Resolution. NOW THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION i. Certification. Pursuant to CEQA Guidelines Section 15090, the City Council hereby finds that the FEIR has been completed in compliance with CEQA, has been presented to the City Council for its review and consideration and reflects the independent judgment of the City, and therefore recommends certification of the FEIR. SECTION 2. Mitigation Monitoring and Reporting Program. The City Council hereby approves the Mitigation Monitoring and Reporting Program ("MMRP") prepared for the BUILD Site and the MMRP prepared for the TKCJL Site, both of which the Commlssion reviewed and which are on file with the City Clerk, and attached hereto as Exhibit B. The MMRP for the BUILD Site identifies impacts of the Project on the BUILD Site, corresponding mitigations, designation of responsibility for mitigation implementation and the agency responsible for the monitoring action. The MMRP for the TKCJL Site identifies impacts of the Project on the TKCJL Site, corresponding mitigations, designation of responsibility for mitigation implementation and the agency responsible for the monitoring action. SECTION 3. Recommendation. The City Council hereby adopts the Findings, attached hereto as Exhibit A, with respect to the significant effects on the environment of the Project, as identified in the FEIR, with the stipulation that all information in these Findings is intended as a summary of the full administrative record supporting the Project, which full administrative record should be consulted for the full details supporting these Findings, and that any mitigation measures and/or alternatives that were suggested by a commenter to the DEIR and were not adopted as part of the FEIR are hereby 060920 syn 0120167 NOT YET APPROVED expressly rejected for the reasons stated in the responses to the comments set forth in the FEIR and elsewhere in the record. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Sr. Deputy City Attorney Mayor City Manager Director of Planning and Community Environment 060920 syn 0120167 NOT YET APPROVED EXHIBIT A FINDINGS & MITIGATIONS FOR SIGNIFICANT IMPACTS OF THE 901 SAN ANTONIO ROAD PROJECT I. PROJECT IMPACTS. The following impacts were determined by the City of Palo Alto and identified in the FEIR to be impacts directly resulting from the Project. The letters and numbers assigned to each impact below correspond to the letters and numbers assigned to each impact in the FEIR itself. A. Transportation. Impact B.I: The Project will result in a significant adverse level of service impact (critical movement delay and demand-to-capacity ratio) to the intersection of Charleston Road and Alma Street during the PM peak hour. Mitigation Measure B.I-I: Intersection LOS Impacts. The City of Palo Alto is planning to implement traffic-adaptive signal technology at a series of intersections, including the Charleston Road!Alma Street intersection, as recommended in the Charleston/Arastradero Road Corridor Study. The City of Palo Alto has adopted a fee program and included funding in its budget for this program. Mitigation Measure B.I-2: Transportation Demand Management. The TKCJL Project shall implement a Transportation Demand Managemen[ ("TDM") Plan for employees, designed to achieve a 15 percent alternative mode-use for employees to address local traffic concerns. The Plan shall include,at minimum: []a guaranteed ride home program []carpool parking .bicycle lockers []showers []a transportation information kiosk 060920 syn 0120167 NOT YET APPROVED []on-site transportation coordinators []on-site supporting amenlties to eliminate the need for midday trips, including a cafeteria, childcare/preschool,recreational and athletic facilities, automatic teller machines,postage and mailing outlet, and on-site sundry shop. An annual survey of employees shall be conducted to determine the success or failure of TDM measures. A summary report of the annual employee commute survey shall be submitted to the City of Palo Alto. Impact Bo2: Without specific improvements to an existing mid-block crosswalk on Fabian Way, a significant operational safety hazard from increased pedestrian traffic would occur. Mitigation Measure B.2-1: 0ff-Site Pedestrian Facility. Markings and other improvements to the existing mid-block crosswalk across Fabian Way at the northern edge of the BUILD Site shall be installed to the satisfaction of the Department of Planning and Community Environment prior to occupancy of the BUILD and/or TKCJL Projects. These improvements include: []Removal of several on-street parking spaces and installation of a raised median to provide an American with Disabilities Act ("ADA") compatible pedestrian refuge area []Marking of the crosswalk with white diagonal lines or longitudinal lines parallel to traffic flow to increase the visibility of the crosswalk [] Advance warning signs alerting motorists of the crosswalk ahead ¯Modification of the existing curbs on each side of the crosswalk to be ADA compatible Impact B.3: Left turn access into the TKCJL Site from Charleston Road would create an adverse queuing condition and or unsafe turning movements. Mitigation Measure B.3-1: Site Access Impacts and Queuing on Charleston Road. Allowed turning movements at the 5wo access driveways on Charleston Road shall be modified to avoid identified queuing impacts on southbound Charleston Road to the satisfaction of the Transportation Division of the Department of 060920 syn 0120167 NOT YET APPROVED Planning and Community Environment. Left turn access to the site from Charleston Road shall be prohibited. Signage and channelization improvements to preclude such movements shall be designed and submitted to the Public Works Department and the Transportation Division of the Department of Planning and Community Environment for review and approval prior to approval of the Final Map for the Project. Impact B.4: Operation of a loading space on the TKCJL Site adjacent to San Antonio Road could result in a traffic safety impact. Mitigation Measure B.4-1: Loading Area. The proposed loading area on San Antonio Road shall be designed to avoid traffic safety impacts. The loading area will only receive trucks between the hours of i0 AM and 3 PM. Trucks using the loading area shall be limited to right turns out to the dedicated right turn lane onto East Charleston Road, a City truck route. Plans for the loading area and adjacent sidewalk and traffic lane shall include signage, striping, materials, dimensions, sidewalks, and landscaplng and shall be submitted for review and approval by the Public Works Department and the Transportation Division of the Department of Planning and Community Environment, prior to approval of the Final Map. Standard City sidewalk configurations shall be followed along the San Antonio Road frontage consistent with the current sidewalk configuration along the San Antonio Road frontage. Signage shall indicate that the loading zone is to be maintained by the property owner and a maintenance agreement with the City shall be prepared and submitted for revlew and approval by the Public Works Department prior to approval of the Final Map. Impact B.5: The demand for parking during occasional special events on weekday evenings could exceed on-site parking supply resulting in parking spill over onto adjacent streets where there is limited allowed parking. Parked cars could block driveways and affect vehicle circulation in these areas. Mitigation Measure B.5-1: Special Event Parking. For special events on weekday evenings or other events, that could exceed parking supply on the TKCJL Site, notice of the location of off-site special event parking shall be provided to the Transportation Division of the Department of Planning and Community Environment at least two weeks prior to the special 060920 syn 0120167 3 NOT YET APPROVED event. The notice shall include the date of the special event, the parking lot location, number of spaces available, and whether shuttles will be used. If an agreement is made between TKCJL and an off-site facility that covers several events or a specific time period, notification for individual special events may be waived.Documentation of any agreements and their time limits shall be provided to the satisfaction of the Transportation Division of the Department of Planning and Community Environment. If parking is provided on a nearby site, attendees can reach the TKCJL Site on foot. For any off-site parking that is located at a distance from the site, van shuttles shall be used to transporz attendees to the event. Other measures to minimize parking impacts to nearby neighborhoods may include using temporary signage for events or TKCJL personnel to direct attendees to off-site or alternate parking sites. FINDING:Implementation of the mitigation measures described above is feasible and would avoid or reduce level of service, queuing, traffic safety and overflow parking impacts from the Project to less than significant levels. B. Noise. Impact C.I: Proposed residential uses on the BUILD Site would be exposed to exterior noise levels in excess of the levels identified as acceptable in the City of Palo Alto Comprehensive Plan, Noise Ordinance, and the State Building Code. Mitigation Measure C.I-I: Exterior noise levels. Final building plans shall demonstrate how building massing will be used to shield outdoor activity areas from traffic noise and industrial noise sources surrounding the Project’s perimeter wherever possible. Common outdoor activity areas shall be designated within the acoustically sheltered portions of the site to the satisfaction of the Building Official and the Director of Planning and Community Environment. Mitigation Measure C.I-2: Interior noise levels. Prior to the issuance of building permits, detailed acoustical analyses, 060920 syn 0120167 4 NOT YET APPROVED in conformance with Section 1208 of the 1998 California Building Code, shall be conducted as part of final design for the proposed multi-family residential uses. The Project shall incorporate sound insulation treatments into the buildings so as to achieve an interior L~ of 45 dBA or less with the windows closed. Such treatments may include, but would not be limited to acoustically rated windows and doors, acoustical caulking at all exterior wall penetrations and nolse control treatments for all alr transmission paths associated with mechanical ventilation systems.Forced-a~r mechanical ventilation, or air- conditioning, shall be incorporated as necessary to provide habitable interior environments with the windows closed, satisfactory to the City Building Official. Impact C.2: Proposed residential development and community and recreational facilities on the TKCJL Site would be exposed to noise levels in excess of the levels identified as acceptable in the City of Palo Alto Comprehensive Plan and the State Building Code. Mitigation Measure C.2-1: Exterior noise levels. Final building plans shall demonstrate how building massing and a six foot sound wall adjacent to the proposed preschool areas will be used to shield outdoor activity and gathering areas from traffic noise at the Project’s perimeter to the satisfaction of the Building Official and the Director of Planning and Community Environment. Mitigation Measure C.2-2: Interlor noise levels. Prior to the issuance of building permits, detailed acoustical analyses, in conformance with Section 1208 of the 1998 California Building Code, shall be conducted as part of final design for the proposed residential and preschool uses. The Project shall incorporate sound insulation treatments into the buildings so as to achieve an interior L~ of 45 dBA or less with the windows closed. Such treatments may include, but would not be limited to acoustically rated windows and doors, acoustical caulking at all exterior wall penetrations, and noise control treatments for all alr transmlssion paths associated with mechanicalventilation systems.Incorporate forced-air mechanicalventilation, or a~r-conditioning, as necessary to provide habitable interior environments with the windows closed,satisfactory to the City Building Official. 5060920 syn 0120167 NOT YET APPROVED Impact C.3: The provosed Project could expose sensitive receptors to substantial temporary increases in nolse levels during construction. Mitigation Measure C.3-I: Construction Noise. Allowable hours and construction noise levels for construction shall be consistent with the City’s Noise Ordinance and construction equipment will be operated and maintained in accordance with requirements outlined in Section III. C. (3) Noise Mitigation and Avoidance Measures. Impact C.4: Demolition of the existing building on the BUILD Site could potentially generate perceptible groundborne vibration levels at the adjacent Space Systems/Loral facility. Mitigation Measure C.4-I: Demolition Vibratlon Coordination. The BUILD Project will coordinate the timing of use of hoe-rams and any other large impact tools (such as a demolition ball) with Space Systems/Loral. A Vibration Coordinator, and/or the Construction Manager, will inform Space Syszems!Loral of the timing of planned demolition activities and coordinate with Space Systems/Loral on a routine basis. Initially, the use of large impact tools would be started at a location on the property as far as possible from Space Systems/Loral and monitored. If vibration levels are found to substantially effect operations at Space Systems/Loral, a detailed coordination plan to avoid impacts on sensitive Space Systems/Loral activities shall be developed. Coordination with Space Systems/Loral shall continue as the impact generating activity moves closer to adjacent facilities. In the event large impact tools cause vibration that is deemed excessive by Space Systems/Loral, alternative demolition methods that generate acceptable ground vibration levels shall be evaluated and may be required by the Director of Planning and Community Environment and the Building Official. FINDING: Implementation of the Mitigation Measures described above is feasible and would avoid or reduce the noise impacts zo future residents and construction noise and vibration impacts to a less than significant level. C. Air Quality Impacts. 060920 syn 0120167 NOT YET APPROVED Impact D.I: Construction activities related to the proposed Project, particularly generation of construction dust, could result in significant short-nerm air quality impacts. Mitigation Measure D.I-I: Demolition Impacts. The BAAQMD has prepared a list of feasible construction dust control measures that can reduce construction impacts to a less than slgnificant level. The following dust control measures shall be implementation by Project contractors during demolition and shall be reflected as notes on the Project plans prior to issuance of demolition permits: []Water to control dust generation during demolition of structures and break-up of pavement. Concrete crusher should add water to material at point(s) of entry and whenever material will be dropped or dumped []Cover all trucks hauling demolition debris from the site []Use dust-proof chutes to load debris into trucks whenever feasible Mitigation Measure D.I-2: Construction Impacts. The following construction practices shall be implemented during all phases of construction on the Project site and shall be reflected as notes on the Project plans prior to issuance of grading or building permits: []Water all active construction areas at least twice daily []Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind ¯Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintaln at least two feet of freeboard []Sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas at construction sites []Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets Hydroseed or apply non-toxic soil stabilizers to inactive construction areas []Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.) 060920 syn 0120167 7 NOT YET APPROVED Limit traffic speeds on unpaved roads to 15 miles per hour Install erosion control measures to prevent silt runoff to public roadways [] Replant vegetation in disturbed areas as quickly as possible FINDING: The proposed Project will not result in significant long-term regional or local air quality impacts. Implementation of the above mitigation measures is feasible and would avoid or reduce short-term construction related air quality impacts to a less than significant level. D. Hazards And Hazardous Materials. Impact E.I: Implementation of the proposed Comprehenslve Plan change and specific development proposed on the BUILD Site and TKCJL Site would allow residential and community center development adjacent to or on properties where releases of volatile organic compounds have impacted soil and groundwater. In the event volatile organic compounds from these releases were allowed to build up under and enter residential or community center structures this could result in health hazards to future residents on both sites or to users of the TKCJL Site. Mitigation Measures E.I-I (BUILD Site) and E.I:2 (TKCJL Site): On-Site Contamination Impact. The BUILD and TKCJL Projects shall both implement risk management measures as a part Of site design and during and after construction as described in the Final Risk Management Plans for each site. These Final Risk Management Plans shall be approved by the Regional Water Quality Control Board. Measures in the plans are provided to avoid possible build up of volatile organic compound vapors in residential buildings and measures to avoid construction impacts. These measures include, but are not limited to: []Groundwater Use. Local groundwater on the site shall not be used for any purpose (including domestic and construction purposes) []Vapor Barriers. Vapor barriers (i.e., liners) shall be installed beneath all buildings, including buildings constructed over above-ground parking garages and crawl spaces Ventilation. All future residences shall be 060920 syn 0120167 NOT YET APPROVED placed over parking garages or crawl spaces that are ventilated with fresh air Elevator Pits and Stairwells. No below-grade structures, such as elevator pits, shall be constructed below five feet below the ground surface Evaluation of Risk Mitigation Measures. Prior to occupancy, air samples shall be collected with ventilation systems running and concurrently from outside air at locations considered representative of background conditions "Measures to Reduce Migration of Impacted Groundwater. The lateral migration of impacted groundwater along underground utility lines shall be avoided by the use of low-permeability fill or cutoff features [] Construction Plan Revlews. Construction plans shall be reviewed by a California registered professional engineer for conformance to the requirements of this RMP prior to constructmon. Copies of each Construction Plan Review Report shall be submitted to the RWQCB for formal comment and to the City of Palo Alto for review and approval. Construction Measures. The BUILD Project includes provisions such as the preparation of Health and Safety Plans and soil management protocols during construction []Post-Construction Maintenance and Monitoring []Notification of Future Residents (Covenant and Environmental Restriction) "Annual Monitoring Review []Contingency Plan for Modification/Adjustment of Ventilation Systems Trust Account for Post-Construction Contingency Plan Refer to Section III. E. (3) Hazards and Hazardous Materials Mitigation and Avoidance Measures in this EIR for a detailed description of measures to avoid exposure of people to vapors from impacted groundwater for both the BUILD and TKCJL Projects. Impact E.2: Implementation of the proposed Comprehensive Plan amendment could create a significant hazard to the public by allowing residential uses near and/or adjacent to industrial properties that use and store toxic and volatile hazardous materials.While routine emissions of hazardous materials do not appear to pose a health hazard, residents and other users 9 060920 syn 0120167 NOT YET APPROVED could be exposed to hazardous materials in the event of an accidental release. Mitigation Measure E.2-1: Hazard Assessment and Emergency Preparedness. Shelter in Place and Evacuation Plans for residents and other users shall be prepared for the BUILD Site and the TKCJL Site. These plans shall provide protocols and directions to follow in the event of an accidental release of hazardous materials on adjacent or nearby sites. The Plans shall be prepared based upon a Hazard Assessment and guidelines provided by the City of Palo Alto and shall be reviewed and approved by the Palo Alto Fire Department prior to occupancy. Appendix L of this EIR provides an example of emergency preparedness guidelines for day care facilities and schools or adjacent to industrial zones. FINDINGs Implementation of the above mitigation measures is feasible and ~he mitigation and avoidance measures included in the BUILD and TKCJL Projects (and as incorporated in the respective Risk Management Plans for both sites) will avoid or reduce hazards from existing soil and/or groundwater contamination to a less than significant level. Implementation of Program Mitigation Measures and preparation of Shelter in Place and Evacuation Plans will avoid or reduce hazards associated with locating residential and other sensitive uses in close proximity to industrial uses that may use toxic and volatile hazardous materials. E. Hydrology And Water Quality Impacts. Impact F.I: Redevelopment of the BUILD Site and TKCJL Site would substantially increase the quantity of stormwater runoff from the site or result in capacity impacts to the stormwater collection system within the Project vicinity. Mitigation Measure F.I-I: Runoff Control. The BUILD and TKCJL Projecus shall avoid increased stormwater flows from the site by detaining additional runoff on site. The Project shall provide detention to limit peak discharge from the site to not exceed existing peak storm water discharge. Detention may be accomplished through the use of oversized pipes, a rock sump in landscaping, or similar measures that provide adequate storage to detain, at a minimum, additional runoff during a 10-year storm event. The. final design of these measures shall be 060920 syn 0120167 10 NOT YET APPROVED reviewed and approved by the Public Works Department prior to issuance of building permits. Impact F.2: Construction activities on the Project site, including pavement removal and earthm0ving, could result in adverse impacts to the water quality of San Francisco Bay. Mitigation Measure F.2-1: Erosion and Sedimentation Control. The following erosion and sediment control measures, based upon Best Management Practices recommended by the Regional Water Quality Control Board, shall be included in the Project to reduce potential construction-related water quality impacts. Many of these measures are the same as or similar to measures required to reduce air quality impacts. Erosion and sedimentation control plans shall be submitted for review and approval by the Public Works Department prior to issuance of grading or building permits. ¯Stormwater inlet protection consisting of burlap bags filled with drain rock will be installed around storm drain inlets to keep sediment and other debris out of the stormwater dramnage system ¯All exposed or disturbed soil surfaces will be watered at least twice daily to control dust as necessary []Earthmoving or other dust-producing activities will be suspended during periods of high winds []Stockpiles of soil or other materials that can be blown by the wind will be watered or covered []All trucks hauling soil, sand, and other loose materials will be covered and all trucks will be required to maintain at least two feet of freeboard []All paved access roads, parking areas, and staging areas adjacent to the construction sites will be swept daily with water sweepers []Vegetation in disturbed areas will be replanted as quickly as possible. Impact F.3: Redevelopment of the BUILD Site and TKCJL Site would disturb more than one acre of area and stormwater runoff from the proposed development could contribute to a degradation of surface water quality of Adobe Creek, and ultimately, San Francisco Bay. 060920 syn 0120167 11 NOT YET APPROVED Mitigation Measure F.3-1= Stormwater Pollution Prevention Plan. The Project shall comply with the NPDES General Construction Activity Stormwater Permit administered by the Regional Water Quality Control Board. Prior to construction grading for the proposed land uses, the applicant shall file a "Notice of Intent" (NOI) to comply with the General Permit and prepare a Stormwater Pollution Prevention Plan (SWPPP) which addresses measures that would be included in the Project to minimize and control construction and post-construction runoff. The SWPPP shall be submitted to the Public Works Department for revlew and approval prior to issuance of grading or building permits. The following measures shall be included in the SWPPP: []Preclude non-stormwater discharges to the stormwater system ¯Effective, site-specific Best Management Practices for erosion and sediment control during the construction and post-construction periods []Coverage of soil, equipment, and supplies that could contribute non-visible pollution prior to rainfall events and perform monitoring of runoff [] Inspection and maintenance of SWPPP measures before, during and after each rainfall event [] Perform monitoring of discharges to the stormwater system When the construction phase is complete, a Notice of TerminatiOn (NOT) for the General Permit for Construction shall be filed with the Regional Water Quality Control Board and the Public Works Department. The NOT shall document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post- construction stormwater management plan is in place as described in the SWPPP for the site. As part of the mitigation for post-construction runoff impacts addressed in the construction SWPPP, the Project sponsor shall implement regular maintenance activities (i.e., maintaining on-site drainage facilities andlandscaping that receives stormwater runoff, litter control)at the site to prevent soil and litter from accumulating onthe Project site and contaminating surface runoff. An annualpost-construction maintenance agreement shall be prepared and submitted to the Public Works Department prior to issuance of grading or building 060920 syn 0[20167 12 NOT YET APPROVED permits. include: Other post-construction source controls and BMPs may maintenance of landscaped areas as necessary to maintain soil structure and permeability site maintenance, including routine catch basin cleaning; and maintenance of landscaping with minimal pesticide use, including landscape maintenance techniques listed in the Fact Sheet on Landscape Maintenance Techniques for Pest Reduction prepared by the Santa Clara Valley Urban Runoff Pollution Prevention Program FINDING: Implementation of the above mitigation measures is feasible and would avoid significant flooding impacts on the Project site. The proposed redevelopment on the Project site will not substantially increase peak storm water runoff from the site if subject to requirements to provide for on-site detention of storm water runoff. New residential buildings and landscaping could be a source of additional non-point source pollutants in storm water. With implementation of NPDES construction and municipal permit requirements, the Project will not result in significant storm water runoff or water quality impacts during construction of post-construction periods F. Biological Resources Impacts. Impact G.I: Protected native birds and bats, and their nests and roosts may be present in landscaping or abandoned buildings and could be Impacted by the implementation of the proposed BUILD and TKCJL Projects. Mitigation Measure G.I-I: Protections for Nesting Birds. Project sponsors shall remove potential nesting habitats (vegetation) only during the non-nesting season between September 1 and March i. If vegetation is to be removed or otherwise impacted during the nesting season, pre-construction surveys shall be conducted by a qualified ornithologist, and if active nests are found, disturbance-free buffer zones shall be established. Pre-construction surveys shall be completed no more than 30 days prior to the start of demolition/vegetation removal or no more than 14 days prior to the initiation of demolition!construction activities during the early part of the breeding season. If nesting birds are located on or immediately 060920 syn 0120167 13 NOT YET APPROVED adjacent to the site, a construction-free buffer zone (typically 250 feet) around the active nest shall be established for the duration of breeding until young birds have fledged. Mitigation Measure G.I-2: Protections for Roosting Bats. The following measures are included in the BUILD Project to avoid potential impacts to native roosting bats, such as the Mexican freetail bat: Preconstruction surveys for bats shall be conducted no more than 14 days in advance of the demolition of the building on-site. Surveys shall be conducted on several consecutive days/nights to assure the identification of all roosting bats in the building. Demolitlon shall not proceed until a qualified bat biologist has adequately surveyed the building, removed any bats, and determined that all bats have been captured If a maternity roost is present-, a qualified bat biologist shall determine the extent of construction- free zones around active nurseries since these species are known to abandon young when disturbed. If either a maternity roost or hibernacula is present, the following mitigation measures shall be implemented. CDFG should also be notified of any active nurseries within the construction zone If an active nursery roost is located, demolition of that building can commence before maternity colonies form (i.e., prior to March i) or after young are volant (flying)(i.e.,after July 31).The disturbance-free buffer zones described in the mitigation above shall be observed during the maternity roost season (March 1 - July 31). FINDING: Implementation of the above mitigation measures is feasible and would avoid possible impacts to nesting bird and roosting bats on the BUILD Site and TKCJL Site. G~ Cultural Resources Impacts. Impact J.l: Development of the Project site, including excavation and grading,could result in the disturbance of archaeological resources. 060920 syn 0120167 14 NOT YET APPROVED Mitigation Measure J.l-l: Pre-Construction Surveys and On- Site Monitoring. Prior to the start of construction or at the time of removal of landscaping and asphalt, a visual inspection and monitoring of the Project site shall be completed by a qualified archaeologist, approved by the Director of Planning and Community Environment.Monitoring shall consist of coordinating subsurface work to al.low for the careful examination of vertical and horizontal soil relationships for the purpose of defining positive archaeological finds (prehistoric and!or historic).After written approval, the Planning and Community Environmenz Department shall be notified at least 48 hours prior to any grading or other subsurface work on the site and the applicant shall provide a written protocol that stipulates the manner in which the applicant shall comply with the monitoring requirements. The monitor shall maintain a field log of their presence and observations, carefully noting soil conditions. In the event archaeological deposits are discovered all work within the proximity of the find shall temporarily halt so that the archaeologist can examlne the find and document its provenance and nature. If the find is deemed slgnificant by the archaeologist excavation shall be performed to allow for the mapping of the aerial extent of any deposits as well as to understand their depth below the existing surface. Maps shall be prepared by professional surveyors to aid Project designers in the avoidance of impacts to these deposits if at all possible by relocating structures and utilities, and/or by placing fill over them to allow construction and!or use as landscaping or for parks which could be done without any damage to the resources themselves. Work shall only proceed on the Project site once a Treatment Plan is submitted by the archaeologist to the City and adequate mitigation measures are adopted or the matter is resolved to the satisfaction of the Director of Planning and Community Environment. In the event that the proposed Project cannot be redesigned to protect any buried archaeological deposits, a program of hand excavation into areas of Projected impacts shall be conducted to determine the significance of the resources. Recommendations shall be prepared for the mitigation of impacts to any resource areas that are found to be eligible for inclusion on the California Register of Historic Resources. Mitigation could include but is not limited to an additional program of data recovery through hand excavatlon along with archaeological monitoring of .all Projec~ related earthmoving activities ~nside 060920 syn 0120167 15 NOT YET APPROVED the borders of the resource areas to allow for the recording and!or removal of significant archaeological materials and!or information and human burials. Mitigation Measure J.l-2: Notification of Archaeological Finds. In the event any significant cultural materials are encountered during construction grading or excavation, all construction within a radius of 50-feet of the find would be halted, the Director of Planning and Community Environment shall be notified, and the archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation and analysis of any significant cultural materials. A report of Findings documenting any data recovered during monitoring shall be submitted to the Director of Planning and Community Environment. In the event that human skeletal remains are encountered, the applicant is required by County Ordinance No. B6-18 to immediately notify the County Coroner. Upon determination by the County Coroner that the remains are Native American, the coroner shall contact the California Native American Heritage Commission, pursuant to subdivision (c) of section 7050.5 of the Health and Safety Code and the County Coordinator of Indian Affairs. No further disturbance of the site may be made except as authorized by the County Coordinator of Indian Affairs in accordance with the provisions of state law and the Health and Safety Code. The Director of Planning and Community Environment shall also be notified immediately if human skeletal remains are found on the site during development. FINDING: Implementation of the identified measures is feasible and would reduce potential cultural resources to a less than significant level. mitigation impacts to II.ALTERNATIVES. CEQA requires an evaluation of the comparative effects of a range of reasonable alternatives to a proposed Project. The following alternatives were evaluated in the EIR: 060920 syn 0120167 16 NOT YET APPROVED A. No Project Alternative. Scenario i: Under the first scenario, the existing office building (currently vacant) would remain on the site and would be refurbished for office uses. Renovation or improvements to the existing parking lot and landscaping would also be required for the existing office building to be reoccupied. Scenario 2: Under the second scenario, the approximately 12.5 acre site could be redeveloped with up to 273,000 sq.ft, of office or light industrial uses at an FAR of up to 0.5. This would replace an approximately 265,000 sq.ft, office building and a 2,500 sq.ft, fast food restaurant at the corner of San Antonio and East Charleston Rd. FINDING: Scenario 1 would avoid the land use, transportation, noise,hazardous materials, and cultural resources impacts and would substantially reduce the alr quality, noise and water quality impacts associated with construction. Scenario 2 would avoid nolse impacts other than those from construction impacts, would avoid the hazardous materials impacts, and would not make a cumulatively considerable contribution to cumulative traffic. However, Scenarmo 2 would have construction impacts similar to those of the proposed Project. While both No Project scenarios are environmentally superior to the proposed Project, neither would meet the Project goals of either BUILD or CJL for developing residential uses, a community center and a preschool site nor would it meet the City’s housing goals of providing very low and low income housing for seniors, including the development of this site as a Housing Opportunity Site. B. Reduced Scale Alternative. Description: Under this alternative, the allowed development on the BUILD and CJL Sites would be reduced by approximately 40 percent and would include the following components: []96 condomlniums and 40 senior apartments on the BUILD Site; and []66 congregate care and 42 assisted living units, 67,800 square feet of recreation/community center 060920 syn 0120167 17 NOT YET APPROVED uses, and a 10,200 square facility on the TKCJL Site foot preschool/daycare FINDING: This alternative would result in similar land use, noise, hazardous materials, hydrology and water quality, traffic safety and construction impacts (air quality, noise, water quality, and cultural resources) as the proposed Project. All of these impacts could be reduced to a less than significant level with mitigation measures similar to those included in the proposed Project. The Reduced Scale Alternative, would however, eliminate the significant impact at the Charleston/ Alma intersection during the PM peak hour and significant parking impacts. The Reduced Scale Alternative would be environmentally superior to the proposed Project because it would avoid these transportation impacts. However, this alternative has not been selected because the mitigation measures included in the Project avoid or reduce all of the identified significant impacts to a less than significant level and because the Reduced Scale Alternative does not support all of the Project’s goals and objectives. Specifically, it would not meet the Project objectives of developing the maximum number of housing units to address the City’s jobs/housing imbalance or to provide the greatest number of senior affordable units that can be developed on the site. It also may not be able to meet TKCJL’s goal to enable the Jewish Community Center to restore the full range of services essential to its long-term financial viability. Because of the reduced number of residential units, it also may not meet the financial objectives of BUILD or TKCJL. C. Building Height Alternative. Description: This alternative would conform to building height and roadway setbacks specified in the Palo Alto Municipal code. Buildings would not exceed 50 feet in height and would be set back a minimum of 24 feet from San Antonio Road, 24 feet from Charleston Road and 15 feet from Fabian Way. As a result, this alternative would be a smaller development, representing a less intense use of the site. FINDING: This alternative would result in similar land use, transportation, noise, hazardous materials, hydrology and water quality, and construction impacts (air quality, noise, water quality, and cultural resources) as the proposed Project, although the extent of these impacts would be reduced somewhat. 060920 syn 0120167 18 NOT YET APPROVED As with the proposed Project, all of these impacts could be reduced to a less than significant level with mitigation measures slmilar to those included tin the proposed Project. The Building Height Alternative is not environmentally superior to the proposed Project because it would result in similar significant impacts to those of the proposed Project. Furthermore, it does not support all of the Project’s goals and objectives. Specifically, ~t would not meet the Project objective of developing approximately 400 housing units to address the City’s jobs/housing imbalance or to provide the greatest number of senior affordable units that can be developed on the site. It also may not be able to meet TKCJL’s to enable the Jewish Community Center to restore the full range of services essential to its long-term financial viability. Because of the reduced number o residential units, it also may not meet the financial objectives of BUILD or TKCJL. 060920 syn 0120167 19 Exhibit B - 0 o ~ × o o I I I I I oo~ o o I 0 ~o 0 NOT YET APPROVED Attachment C ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 901 SAN ANTONIO ROAD: BUILD/BRIDGE PROJECT FROM GM TO PC PLANNED COMI4UNITY, A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE LAND USE MAP FROM LIGHT INDUSTRIAL TO MIXED USE, AND A BELOW MARKET RATE HOUSING PLAN The Council of the City of Palo Alto does ORDAIN as follows: SECTION i0 Application and Hearings. (a) Application has been made to the City for approval of the demolition of an existing ±265,000 square foot office building at 901 San Antonio Road, and the construction on an approximately four acre site bounded by San Antonio Road and Fabian Way, of ±216,700 square feet of residential living space including 103 for- sale dwelling units, 56 senior apartment units, and an at-grade parking garage (the "Pro3ect"). (b) The Architectural Review Board at its meeting of April 20, 2006 considered the Project and recommended its approval, subject to certain conditions. (c) The Planning Commisslon, after duly noticed public hearings held on June 28, 2006 and July 26, 2006, recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended as hereinafter set forth to permit construction of the Project. (d) The Council, after due consideration of the recommendations, finds that the proposed amendment is in the public interest and will promote the public health, safety and welfare, as hereinafter set forth. SECTION 2. Amendment of Zoning Map. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended by changing the zoning of certaln properny known as 901 San Antonio Road- BUILD/BRIDGE (the "subject property") from "GM General Manufacturing" to "PC Planned Community " The subject property, consisting of approximately four 060920 syn 0120162 1 NOT YET APPROVED acres, is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. Amendment of Comprehensive Plan. The Comprehensive Plan Land Use Map, is hereby amended by changing the land use of certain property known as 901 San Antonio Road- BUILD/BRIDGE from "Light Industrial" to "Mixed-Use" The subject property, consisting of approximately four acres, is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 4.Findings for Approval of District. Planned Community The City Council, in approving the Planned Community district, hereby finds that: (a) The site is so situated and the uses proposed for the site are such that general or combining zonlng districts will not provide sufficient flexibility to allow the proposed development in that none of the City’s conventional zoning districts could accommodate the proposed square footage, floor area ratio, and building height unless variances were granted. (b) Development of the Project on the site will provide public benefits not otherwise attainable, as more specifically described below. (i) The site has been largely unoccupied and in a deteriorated state for many years. While this has generated little parking demand or traffic, it has been an obstacle to creating an environment that would be beneficial to a variety of uses. It is presently zoned to permit commercial development, including office uses, which would exacerbate the City’s shortage of housing relative to jobs. The Project will replace a deteriorated, largely vacant office building with well-designed structures built to contemporary building and safety standards using materials of high quality. (ii) Conversion of commercially planned and zoned land for housing. The project would result in the redevelopment of a site listed in the Housing Sites Inventory list of the Comprehensive Plan’s Housing Element to a residential project containing 159 units of market rate for-sale townhome-style units. 060920 syn 0120162 NOT YET APPROVED (iii)Designation of land for affordable housing. The PC project for the development of 103 market-rate townhome-style units would allow BUILD to designate a one-half acre parcel for the development of 56 senior apartments that would be affordable to low and very low income levels. This project would be built and administered by BRIDGE Housing Corporation. The Project’s owner has provided a summary of the proposed program, making a commitment to provide this housing. Staff has determined that this proposal is acceptable in meeting the BMR polices and programs. A formal Agreement to Provide BMR Housing shall be executed prior to final adoption of this ordinance and recorded before the effective date of the ordinance. (iv) Development of a BUILD/BRIDGE/TKCJL shared plaza. The project would develop a 5,000 square foot plaza that would demarcate the main pedestrian entrances to the two developments and be a focal point for the projects. (v) Second Mortgage Program for Local Employees. $25,000 to $i00,000 low interest second mortgages to be offered to local employees targeted to households earning from 100% to 200% of area median income, with a priority on City of Palo Alto and Palo Alto Unified School District employees. Intention of the second mortgage program would be to have local employees live near the workplace as a way to help alleviate the jobs-housing imbalance and impact on traffic. Mortgage program would be revolving and administered by HomeBricks, a BRIDGE affiliate over a thirty-year period. Fund would be initially established at $500,000. (vi) Payment of additional Charleston Arastradero fees. Payment of $480,000, which represents approximately 500% of BUILD’s prorate cost of implementing the Charleston Arastradero plan. If the Charleston-Arastradero Corridor Improvement Plan is not fully implemented, the remaining funds shall be used by the City for bicycle and pedestrian improvements in the project vicinity. (viii) Project design goals. The project would include construction of residential buildings that would serve the proposed uses of the site and that would be compatible with the immediate environment of the site. The publicly accessible edges have been designed to create connection between the public and private edges, such as the street level townhome units along the shared driveway with the TKCJL project and the stairways and walkways along Fabian Way leading to the main entrance of the senior apartment building. The private areas are oriented into the central landscaped courtyard of the site. The buildings are well designed and have 060920 syn 0120162 3 NOT YET APPROVED been determined to be consistent with the Architectural Review findings. (c) The Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project as a whole one with substantial public benefit. (d) The uses permitted and the site development regulations applicable within the District are consistent with the Comprehensive Plan and are compatible with the existing and potential uses on the adjoining sites or within the general vicinity in that the Project would be consistent with the following significant Comprehensive Plan policies: (i) Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their slze and scale. The existing industrial office building on the site, at 90 feet in height, is visually prominent. The proposed BUILD project would remove this building and allow buildings up to 50 feet in height on a site bordered by tall trees on the east and one- and two story buildings (up to approximately 15 to 30 feet in height) to the north, west and south. The size and scale of proposed residential and other structures on the TKCJL Site would not be visually overwhelming or incompatible with surrounding uses, including two-story industrial buildings with parking along the Fabian Way frontage. (ii) Policy L-7: Evaluate changes in land use in the context of regional needs, overall City welfare and objectives, as well as the desires of the surrounding neighborhoods. The proposed project would redevelop an existing vacant office building and parking lot to uses that would be beneficial to the immediate region and the City, in that the project would provide diverse housing types and uses in and under utilized area of the City in the form of for sale townhome, affordable apartment units for senior citizen, assisted living and congregate care living units. In addition, the project would include community center, open to the public that would include uses such as a preschool and cultural hall, a fitness center, play areas, administrative office space for non-profits, and community meeting areas. The development of the plan and associated studies included input from the public and project stakeholders. (iii)Policy L-f1: Promote increased compatibility, interdependence and support between commercial and mixed-use centers and the surrounding residential neighborhoods. The project 060920 syn 0120162 4 NOT YET APPROVED would be compatible with nearby neighborhoods, in that the design and location of the high density housing, community center and the buildings that would be constructed to contain the uses are separated from single-family neighborhoods by arterial streets and smaller scale commercial uses. The architecture and neighborhood compatibility has been reviewed by the Architectural Review Board and was found to be well designed and of a appropriate scale to the immediate context of the area. (iv) Policy L-13: Evaluate alternative types of housing that increase density and provide more diverse housing opportunities. The proposed project is the designation of land for mixed-use development which would allow for the development of variety of housing types. The BUILD site would be developed with very low and low income senior housing apartment units, and market rate townhouses and flats. The project would be consistent with this policy as a result of the varied housing types and increased density proposed as a part of development. (v) Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. Policy L-49: Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays, and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing. The proposed project would allow for the redevelopment of a vacant industrial property along San Antonio Road, Charleston Road, and Fabian Way and a smaller commercial use at the intersection of San Antonio Road and Charleston Road. The proposed BUILD development, in the northern portion of the 901 San Antonio Road site, includes seven townhouses with stoops along Fabian Way. As the amount of public street frontage is limited along Fabian Way, planning and layout of the BUILD Site also considers the internal orientation of residences over podium parking structures. Balconies from some of the proposed condominlum units would overlook the main access driveway off of Fabian Way and pedestrian access to the main access driveway area is provided from both the condominium and the senior apartment buildings. These components of the projects have been evaluated by the Architectural Review Board and have been found to be consistent with the Architectural Review findings. (vi) Policy L-75: Minimize the negative physical impacts of parking lots. Locate parking behind buildings or underground wherever possible. The proposed BUILD and TKCJL 060920 syn 0120162 NOT YET APPROVED pro3ects include at-grade parking with residences, recreational, and community center uses built atop a podium structure above parking areas. This will avoid negative physical aspects of surface parking lots. Views of at-grade parking areas will be minimized through the growth of landscape plants surrounding the podium structure and by bringing some development down to street level to screen the parking area from the street. (vii)Policy T-I: Make land use decisions that encourage walking, bicycling, and public transit use. The proposed housing development located on San Antonio Road is one of two major transit corridors identified in the Comprehensive Plan as being desirable for increased housing densities. The BUILD and TKCJL projects include measures, including pedestrian walkways, to encourage pedestrian access within the entire 12.5 acre site. One bus route, VTA Express Route 104, operates adjacent to the 901 San Antonio Road site along East Charleston Road. Bus service on this route runs only on weekdays between Palo Alto and San Jos@ during morning and late afternoon commute periods. (viii) Goal H-I: A supply of affordable and market rate housing that meets Palo Alto’s share of regional housing needs. The BUILD project would contribute 56 units toward the fair share housing needs of Palo Alto. Policy H-2: Identify and implement a variety of strategies to increase housing density and diversity in appropriate locations. Emphasize and encourage the development of affordable and attainable housing. The proposed BUILD project would develop 56 affordable housing units for low and very low income levels and would increase the density and~diversity of housing in the project area. The proposed CJL project includes residences for seniors in the form of assisted living and congregate care in a licensed residential facility. The two projects provide a range of housing at increased housing densities. (ix) Program H-3: Encourage the conversion of non- residential lands to residential use to both increase the supply of housing, particularly affordable housing, and decrease the potential for the creation of new jobs that exacerbate the need for new housing. Land use and development applications that propose the conversion of non-residential land to residential or mixed use development will be given preferential or priority processing to encourage such converslon. Policy H-3: Contlnue to support the re- designation of suitable vacant or underutilized lands for housing or mixed uses containing housing. The proposed Comprehensive Plan amendment would convert a Light Industrial site, which currently contains an office building and fast food restaurant, to Mixed Use with housing anticipated to be one of the primary uses. The land 060920 syn 0120162 NOT YET APPROVED use, density, and affordable units proposed by the BUILD project and TKCJL project are consistent with the Comprehensive Plan program measure and policy regarding the conversion of non- residential and underutilized lands to residential or mixed use development. (x) Goal H-3: Housing opportunities for a diverse population, including very low, low and moderate income residents, and persons with special needs. Policy H-12: Encourage, foster and preserve diverse housing opportunities for very low, low, and moderate income households. The proposed BUILD development would offer housing opportunities (rental apartments) to very low and low income seniors and the CJL project would provide assisted living and congregate care for seniors. The projects, therefore, would diversify the City’s housing stock in the project area. (xi) Program N-16: Continue to require replacement of trees, including street trees lost to new development, and establish a program to have replacement trees planted offsite when it is impractical to locate them onsite. Policy N-15: Require new commercial, multi-unit, and single family housing projects to provide street trees and related irrigation systems. Policy N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. The BUILD and TKCJL projects would protect trees to be retained and replace trees removed from the site in conformance with the City’s Tree Ordinance and Tree Protection Manual. Street trees along the Fabian Street and San Antonio Road frontages will be replaced as required by the Department of Public Works. Two large redwood trees on the adjacent Space Systems/Loral property and healthy trees within the San Antonio Road right-of-way also will be protected from damage during construction activities, as described in Section II. G. Biological Resources Mitigation and Avoidance Measures. (xii)Policy N-28: Encourage developers of new projects in Palo Alto, including City projects, to provide improvements that reduce the necessity of driving alone. The project includes a mix of uses and shared parking to reduce the need for on-site and nearby residents to drive. In addition, much of the housing will be designed for seniors, which will result in fewer vehicle trips. Transportation Demand Management (TDM) measures, such as bicycle parking and van or shuttle service, will be ~ncorporated into the projects to further reduce trip generation. 060920 syn 0120162 7 NOT YET APPROVED SECTION 5. Development Plan Those certain plans entitled BRIDGE Urban Infill land Development, Palo Alto, California and Fabian Way Senior, Palo Alto California prepared by Steinberg Architects dated June 22, 2006, a copy of which is on file in the Planning Division office, and to which copy reference is hereby made, are hereby approved as the Development Plan for the subject property, pursuant to Palo Alto Municipal Code Section 18.68.120. SECTION 6. Uses. (a) Permitted Uses. to the following: The permitted uses shall be limited (i) Multiple Family Residential Use: Multiple-family uses and uses customarily incidental to multiple-family uses. In any individual unit, home occupations accessory to the residential use of that unit are permitted subject to Palo Alto Municipal Code provisions regulating home occupations. (ii) Parking Garage: Two spaces per townhome residential unit and 0.7 spaces per senior apartment unit shall be reserved for the use of building tenants, as well as fifty-three (53) guest parking spaces. SECTION 7.Site Development Regulations. (a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, and subject to the conditions of approval and mitigation measures adopted by City Council Resolution No. (i) Any exterior changes to the buildings or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, approval under Chapter 18.76 of the Palo Alto Municipal Code, as it is amended from time to time. (b) Tree Protection. The Development Plan requires the planting and protection of specified new trees within the development. These trees shall not be removed or destroyed without the prior approval Of the City of Palo Alto in accordance with applicable procedures. 060920 syn 0120162 NOT YET APPROVED (c) Parking and Loading Requirements. Two spaces per townhome residential unit and 0.7 spaces per senior apartment unit shall be reserved for the use of building tenants, as well as fifty-three (53)-guest parking spaces. Fifty-four (54) of the total number of spaces may be tandem oriented parking spaces. No on-site loading zones are specified. A total number of 188 Class I and Class III bicycle parking spaces shall be included in the project. (e)Special Conditlons (i) Below Market Rate (BMR) Housing Requirement. The BMR agreement for the PC project for the development of 103 market-rate townhome-style units would allow BUILD to provide a one-half acre parcel on the site for the development of 56 senior rental apartments that would be affordable to extremely low and very low income households. The senior rental project would be built and managed by BRIDGE Housing Corporation. BUILD will in effect transfer its BMR obligation of 16 inclusionary townhomes (103 units times 15%) to BRIDGE by providing BRIDGE with $7.3 million in funding for the senior rentals and by selling the 0.5 acre parcel to BRIDGE. The $7.3 million is the estimated value of the BMR in-lieu~ fees for the required 16 BMR townhomes. It is intended that BRIDGE will seek all financing to construct the senior housing from non-City sources. Due the uncertainties and competitiveness of financing affordable rental housing, BRIDGE would be allowed use up to six years to begin construction. Two back-up alternatives have been developed in the event the senior rentals are financially infeasible. One option that BRIDGE can elect is to develop a small mixed income condominium project, estimated at about 30 to 32 total units, on the 0.5 acres. In this alternative, a minlmum of 16 for-sale BMR units would be provided (to cover the obligation for the 103 BUILD townhomes) plus additional BMRs to satisfy the BMR requirement on the remaining market rate condos. The Development Plan would permit either the 56 senior rental apartments or the for-sale condo project on the 0.5 acres. The second option is for BRIDGE to pay in-lieu fees to the City and sell off the 0.5 acres. This option would be used only if both the senior rentals and the for-sale condos are financially infeasible to develop within the maximum six years allowed. In this scenario, the City will receive a minlmum of $4.5 million in housing fees and a maximum of the original $7.3 million plus inflation increases. The Project’s owner has s~gned a letter dated September i, 2006 making a commitment to provide this housing. A formal agreement to 060920 syn 0120162 NOT YET APPROVED provide BMR housing shall be executed prior to the approval of the Final Map by the City Council and recorded concurrently with the subdivision map. The BMR and public benefit contributions by BUILD and BRIDGE are described in further detail in the attached letters. The provisions of this condition (e) (i) have been agreed to by the Project’s owner and the City of Palo Alto and would be set forth in an agreement regarding provision of BMR Housing. (f) Development Schedule. Building permit issuance is anticipated for the first phase of the project in March 2007. Demolition, grading and construction are expected to take 15 months with project completlon of phase I in April 2008. The 159 units will be completed as two projects: a 103 unit townhouse community and a 56 unit senior affordable rental community. The developer anticipates phasing the townhouse community over three phases with the entire podium garage completed as part of phase I. The senior affordable rental development will be completed separately in a single phase. The applicant anticipates that completion of Phase 1 ¯ s likely to occur no sooner than the 2009 with the Senior housing phase to be completed by the end of 2012. Notwithstanding the foregoing, Phase I application for building permits shall be made no later than 1 year from the date of adoption of this ordinance. Application for building permits for the senior affordable rental development shall be made no later than January 2011. The Director of Planning and Community Environment may extend these time limits once by not more than one year, as described in 18.68.130 of the Palo Alto Municipal Code. The Director, at his/her discretion, may allow changes to the phasing order, sequence or a change in the Development Plan to accommodate one of the BMR alternatives as described in subsection (e) (i), based upon a review of the request and the consistency of the request with the certified EIR, conditions of approval, mitigation measures, and any other dedications, exactions or reservations. A written determination of the Director’s decision will be made in writing to the applicant. SECTION 8.Environmental Impact Report. The City as the lead agency for the Project has caused to be prepared a Final Environmental Impact Report ("Final EIR"). Pursuant to State CEQA Guidelines section 15132, the Final EIR consists of the following documents and records: "901 San Antonio Draft EIR, February 2006; .... 901 San Antonio Final EIR, June 2006", and the planning and other City records, minutes, and files constituting the record of proceedings. The Final EIR was prepared pursuant to the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA"), and the State CEQA 060920 syn 0120162 10 NOT YET APPROVED Guidelines, California Code of Regulations, Title 14, sectioh 15000, et seq. The Final EIR is on file in the office of the Director of Planning and Community Environment and, along with the planning and other City records, minutes and files constituting the record of proceedings, is incorporated herein by this reference. SECTION 9.Certification. The City Council certifies that the Final EIR has been completed in compliance with the California Environmental Quality Act. The Final EIR was presented to the City Council and the City Council has reviewed and considered the information contained in the Final EIR, staff reports, oral and written testimony given at public hearings on the proposed Project, and all other matters deemed material and relevant before considering for approval the various actions related to the Project. The City Council hereby finds that the Final EIR reflects the independent judgment of the City as lead agency. SECTION I0. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Mayor City Manager Senior Asst. City Attorney Director of Planning and Community Environment 060920 syn 0120162 11 The City of Palo Alto C~,FtLESTON RO~o Exhibit A 901 San Antonio BUILD,Project This map is a product of the City of Palo Alto GIS Attachment DNOT YET APPROVED RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING ARCHITECTURAL REVIEW (06PLN- 00031) FOR 901 SAN ANTONIO - BUILD/BRIDGE PROJECT (BUILD, OWNER;STEINBERG ARCHITECTS, APPLICANT) FOR PLANNED COMMUNITY ZONE CHANGE PC- The Council of the City of Palo Alto does resolve as follows: SECTION i. Background. The City Council finds, determines, and declares that: A.Steinberg Architects ("the applicant") has requested approval of the demolition of an existing ±296,000 square foot office building at 901 San Antonio Road, the former Sun Microsystems site, and its replacement with a ±216, 700 square foot residential project including 103 for-sale housing units, 56 apartment units for seniors, and an at-grade parking garage (the "Project"). Bo Resolution No. for the Project. The City Council has previously adopted approving the Environmental Impact Report C The Architectural Review Board on March 16, 2006 and April 20, 2006 reviewed and considered the design of the Project and recommended approval upon certain conditions. D. The Planning and Transportation Commission held public hearings on the Project on June 28, 2006 and July 26, 2006 and recommended approval of the design of the Project based upon the findings and upon the conditions set forth below. E. The City Council held a duly noticed public hearing on the Project on September ii, 2006 and heard and considered all public testimony, both oral and written, presented to it, together with all staff reports and the record of the proceedings before the Architectural Review Board and Planning and Transportation Commission. SECTION. 2.Design Approval. The City Council hereby approves Planning Application No. 06PLN-00031, regarding the 060920 syn 0120164 1 NOT YET APPROVED architecture, site planning and related site improvements, subject to the conditions set forth below, finding that: a. The design and architecture of the proposed improvements, as conditioned, furthers the goals and purposes of the ARB Ordinance as it complies with the Architectural Review findings as required in Chapter 18.76 of the PAMC. b. The deslgn, as conditioned, is consistent and compatible with applicable elements of the city’s Comprehensive Plan in that the project is consistent with the following significant policies and programs: Policy L-I: Continue current City policy limiting future urban development to currently developed lands within the urban service area. Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale. Policy L-6: Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities. To promote compatibility and gradual transitions between land uses, place zoning district boundaries at mid-block locations rather than along streets wherever possible. Policy L-7: Evaluate changes in land use in the context of regional needs, overall City welfare and objectives, as well as the desires of the surrounding nelghborhoods. Policy L-8: New Development Limit Policy L-9: Enhance desirable characteristics in mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development. Goal L-3: Safe, attractive residential neighborhoods, each with its own district character and within walking distance of shopping, servlces, schools, and/or other public gathering places. Policy L-II: Promote increased compatibility, interdependence and support between commercial and mixed-use centers and the surrounding residential neighborhoods. Policy L-13: Evaluate alternative types of housing that increase density and provide more diverse housing opportunities. Policy L-14: Design and arrange new multifamily buildings, including entries and outdoor spaces, so that each unit has a clear relationship to a public street. Policy L-15: Preserve and enhance the public gathering spaces within walking distance of residential neighborhoods. Ensure that each residential neighborhood has such spaces. 060920 syn O120164 NOT YET APPROVED Policy L-19: Encourage a mix of land uses in all Centers, including housing and an appropriate mix of small scale local businesses. ¯Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. .Policy L-49: Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety. Provide an ordered variety of entries, porches, windows, bays, and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing. Policy L-65: Encourage religious and private institutions to provide facilities that promote a sense of community and are compatible with the surrounding neighborhood. Policy L-70: Enhance the appearance of street and other public spaces by expanding and maintaining Palo Alto’s street tree system. .Policy L-72: Promote and maintain public art and cultural facilities throughout Palo Alto. Ensure that such projects are compatible with the character and identity of the surrounding neighborhood. ¯Policy 73: Consider public art and cultural facilities as a public benefit in connection with new development projects. Consider incentives fro including public art in large development projects. Policy L-75: Minimize the negative physical impacts of parking lots. Locate parking behind buildings or underground wherever possible. Policy L-77: Encourage alternatives to surface parking lots to minimize the amount of land that must be devoted to parking, provided that economic and traffic safety goals can still be achieved. ~Policy L-78: Encourage development that creatively integrates parking into the project by providing for shared use of parking areas. o Policy T-l: Make land use decisions that encourage walking, bicycling, and public transit use. Policy T-3 : Support the development and expansion of comprehensive, effective programs to reduce auto use at both local and regional levels. Policy T-19 : Improve and add attractive, secure bicycle parking at both public and private facilities, including multi-modal transit stations, on transit vehicles, in City parks, in private developments, and at other community destinations. Policy T-23 : Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street 3 060920 syn 0120164 NOT YET APPROVED parking, public spaces, gardens, outdoor furniture, art, and interesting architectural details. Goal T-8: Attractive, convenient public and private parking facilities. Policy T-47: Protect residential areas from the parking impacts of nearby business districts. Goal H-l: A supply of affordable and market rate housing that meets Palo Alto’s share of regional housing needs. Policy H-2: Identify and implement a variety of strategies to increase housing density and diversity in appropriate locations. Emphasize and encourage the development of affordable and attainable housing. Program H-l: Meet community and neighborhood needs as the supply of housing is increased. Ensure the preservation of the unique character of the City’s existing neighborhoods. Program H-3: Encourage the conversion of non-residential lands to residential use to both increase the supply of housing, particularly affordable housing, and decrease the potential for the creation of new jobs that exacerbate the need for new housing. Land use and development applications that propose the conversion of non-residential land to residential or mixed use development will be given preferential or priority processing to encourage such conversion. Policy H-3: Continue to support the re-designation of suitable vacant or underutilized lands for housing or mixed uses containing housing. Program H-14: Rezone, where necessary, those sites identified on the Housing Sites Inventory, using appropriate residential or mixed use zoning districts, prior to 2004. Program H-22: Exempt permanently affordable housing units from any infrastructure impact fees that may be adopted by the City. Goal H-3: Housing opportunities for a diverse population, including very low, low and moderate income residents, and persons with special needs. Policy H-12: Encourage, foster and preserve diverse housing opportunities for very low, low, and moderate income households. Program H-34: Provide preferential or priority processing for those residential or mixed use projects that propose more affordable housing than the minimum required under the City’s BMR Program and for 100% affordable housing projects. Policy H-14: Support agencies and organizations that provide shelter, housing, and related services to very low, low, and moderate income households. Program N-16: Continue to require replacement of trees, including street trees lost to new development, and establish 060920 syn 0120164 NOT YET APPROVED a program to have replacement trees planted offsite when it is impractical to locate them onsite. Policy N-15: Require new commercial, multi-unit, and single family housing projects to provide street trees and related irrigation systems. Policy N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. Policy N-18: Protect Palo Alto’s groundwater from the adverse impacts of urban uses. Policy N-20: Maximize the conservation and efficient use of water in new and existing residences, businesses and industries. Policy N-21: Reduce non-point source pollution in urban runoff from residential, commercial, industrial, municipal, and transportation land uses and activities. Policy N-22: Limit the amount of impervious surface in new development or public improvement projects to reduce urban runoff into storm drains, creeks, and San Francisco Bay. Policy N-28: Encourage developers of new projects in Palo Alto, including City projects, to provide improvements that reduce the necessity of driving alone. Policy N-35: Reduce solid waste generation through salvage and reuse of building materials, including architecturally and historically significant materials. Policy N-39: Encourage the location of land uses in areas with compatible noise environments. Policy N-40: Evaluate the potential for noise pollution and ways to reduce noise impacts when reviewing development and activities In Palo Alto and surrounding communities. Policy N-47: Optimize energy conservation and efficiency in new and existing residences, businesses, and industries in Palo Alto. Policy N-52: Minimize exposure to flood hazards by adequately reviewing proposed development in flood prone areas. Program N-76: Implement the requirements of FEMA relating to construction in Special Flood Hazard Areas as illustrated in the Flood Insurance Rate Maps. c. The design is compatible with the immediate environment of the site in that the project would convert an underutilized office building and surface parking lot to higher density residential units. The heights of the buildings would be compatible with adjacent commercial buildings and the residential neighborhoods in that the project is located approximately 350+ feet from the nearby single-family neighborhoods and is separated from commerclal uses by arterial 060920 syn 0120164 NOT YET APPROVED roads (San Antonio and Charleston Roads). This separation would allow for taller structures without affecting compatibility with surrounding areas; The design is appropriate to the function of the project in that the design accommodates the physical and programmatic needs and objectives of the residential uses proposed by the applicant; d. The design promotes harmonious transitions in scale and character in areas between different designated land uses in that the buildings, which although extend to the maximum height limits allowed in the PC district, would be set back approximately 350+ feet from the edge of the Light Industrial/Single-Family land use areas north of Fabian Way. The buildings would be designed to be compatible with the adjacent uses in the neighborhood; e. The design is compatible with approved improvements both on and off the site as this project is a residential infill development and would enhance, maintain, or improve existing infrastructure; f. The planning and siting of the various functions and buildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community in that the proposed housing types, building design and landscaping are supported by adequate shared amenities to ensure harmonious co-existence of the residents; g. The amount and arrangement of open space is appropriate to the design and the function of the structures in that appropriate private and public outdoor spaces are provided for the residents that would serve the unique needs of the residents in each housing type; h. Access to the property and circulation thereon is safe and convenient for pedestrians, cyclists and vehicles in that the main access point for vehicular traffic would be via a shared driveway on the adjacent TKCJL site. These shared facilities would reduce the need for multiple access points at the relatively narrow street property line on Fabian Way. The driveway would not interfere with the movements of pedestrians and bicyclists, in that pedestrian safety devices would be incorporated at driveway entries over public sidewalks; i. Natural features have been appropriately preserved and integrated with the pro3ect where possible. Existing street 060920 syn 0120164 NOT YET APPROVED trees would be retained. Few other significant natural features exist on the site; j. The materials, textures, colors and details of construction and plant material are an appropriate expression to the design and function and the same are compatible with the adjacent and neighboring structures, landscape elements, and functions in that a color and materials palette has been chosen, as well as a variety of tree and plant materials to add vibrancy to the site and to help its integration with the surrounding properties; k. The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors creates a desirable and functional environment and the landscape concept depicts an appropriate unity with the various buildings on the site in that a variety of species types have been chosen and landscape features have been designed that will enhance the streetscape and surrounding environment; i. The plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety which would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance in that the combination of California native plants would have low maintenance and water use requirements; m. The design is energy efficient and incorporates renewable energy design elements such as the following: Title-24 value calculations exceeding standards by i0 percent; spectrally sensitive low-E windows with appropriate Solar Heat Coefficient per proper solar orientation; high energy efficient cooling and heating systems; appliances with high energy efficient ratings; low-flow plumbing fixtures and faucets; operable windows; and low-flow irrlgation combined with drought resistant plant materials. SECTION 3. Conditions of Approval. General Plan Conformance. The plans submitted for Building Permit shall be in substantial conformance with approved plans, except as modified to incorporate these conditions of approval. These conditions of approval shall be printed on 060920 syn 0120164 7 NOT YET APPROVED the cover sheet of the plan set submitted with the Building Permit application. o Planning Division Oversight. Prior to the issuance of grading permits, the applicant shall place additional funds on deposit to the City for the ongoing Planning Division oversight of the project until the Certificate of Occupancy is issued. o Project Compliance. The applicant shall comply with all conditions of approval set forth in the Architectural Revlew resolution and the Planned Community ordinance that would be approved by the City Council. o The project shall be subject to the mitigation measures as identified in the Final Environmental Impact Report’s Mitigation Monitoring Reporting Program (MMRP) adopted by the City Council. The MMRP is attached an exhibit to the CEQA resolution. o The project would be subject to applicable Development Impact Fees, which would be due prior to issuance of the building permit. The applicable impact fees would be calculated based upon the fee structure in place at the time of building permit submittal. °The applicant shall adhere to the requirements of the Below Market Rate (BMR) program as described in the applicant’s letter, dated June 22, 2006. In addition, a formal BMR Agreement, including the identification of the locations of the BMR units and provisions for their sale, shall be prepared in a form satisfactory to the City Attorney, executed by BUILD and the City, and recorded against the property prior to or concurrent with the recording of the Subdivision Improvement Agreement. o Mortgage Assistance Program Agreement- An agreement describing the terms and conditions of the Mortgage Assistance Program, as summarized in the Public Benefits section of the PC ordinance and more fully described in the Development Statement letter to the Director of Planning and Community Environment on June 22, 2006 shall be revlewed and approved by the Director prior to building permit finalization of the first phase of development. The agreement shall contain, at a minimum, details of the loan amounts, interest rates, terms, conditions, and administration. Copies of the approved agreement shall be 060920 syn 0120164 8 NOT YET APPROVED forwarded office. to the Planning Division and the Attorney’s o Prior to the submittal for a building permit, the applicant shall be responsible for submitting a construction impact minimization plan for neighboring businesses, developed with cooperation from the neighboring business owners. The plan would identify the potential impacts from construction, the time when those impacts would be expected to occur during construction, and how those impacts would be minimized, including, but not limited to: temporary relocatlon of customer parking, loading/unloading areas and pedestrian access ways; identification of temporarily modified circulation patterns around the pro3ect site; and temporary signage providing identification to businesses that have views from public views that are blocked during construction. The plan shall be approved by the Planning Division and Public Works. Transportation Division o TKCJL and/or BUILD shall relocate and upgrade the pedestrian crosswalk across Fabian currently located near the northern property line of the BUILD parcel. The crosswalk shall be relocated to align with the Fabian driveway into CJL. The crosswalk shall be placed on the immediate north side of this intersection and shall include the components and elements noted in the EIR traffic study. The crosswalk shall be designed to the satisfaction of the Transportation Division prior to approval of the Final Map. i0.Once the Project is completely built and occupied, but not later than five years after occupancy of the initial phase of either the BUILD or TKCJL pro3ects, traffic signal volume warrants shall be tested at the southernmost driveway on Fabian. The traffic signal warrant study shall be conducted in consultation with the Transportation Division at the expense of BUILD and TKCJL. Should the warrant study conclude that a traffic signal is warranted and the City desires that a traffic signal be installed, BUILD and TKCJL shall fully fund the design and construction of the signal with the cost apportioned between the ~wo applicants at 12% for BUILD and 88% for TKCJL, based upon the traffic assumptions contained in the EIR. 060920 syn 0120164 9 NOT YET APPROVED ii.Future plans submittals shall show the bicycle parking, by class and location. All racks and lockers must be of a design acceptable to the City. 12.Future plan submittals shall note the dimensions of access dr±veways, drive aisles, parking modules, wayfinding.signs, or other components of internal circulation and parking to indicate the functionality of such components. 13.Unless otherwise approved by the Transportation Division, the. Project site frontage shall include a minimum five-foot landscape buffer between the back-of-curb and the five-foot sidewalk along the San Antonio Road frontage, in order to prevent pedestrians from walking immediately adjacent to the flow of traffic. 14.The Project applicant shall contribute the Project’s fair share (approximately $2,750) towards the cost of the newly installed signals at the intersection of the San Antonio Road!NB US i01 ramp. 15.The Project applicant shall pay the Charleston-Arastradero corridor impact fee prior to occupancy of the initial phase of development. If the Charleston-Arastradero Corridor Improvement Plan is not fully implemented, the remaining funds shall be used by the City for bicycle and pedestrian improvements in the project vicinity. Building Division 16,The applicant shall continue zo work with the Building Division on those design aspeczs of the pro3ect that may affect compliance with building regulations, policies and programs. A final list of specific and standard conditions would be applied prior to the submittal for building permits. Planning Arborist PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 17.Site Plan Requirements. Extend the Type II street tree fencing to enclose the entire planter strip and from sidewalk to the outer branch dripline.The Site Plans shall denote Type II fencing around Street Trees and Type I fencing around Protected/Designated trees as bold dashed lines enclosing the Tree Protection Zone (per the approved Tree Protection Report) as shown on Detail #503, Sheet T- 060920 syn 0120164 10 NOT YET APPROVED i, and the City Tree Technical Manual, Section Plans. 6.35-Site 18.The approved plans submitted for building permit shall include the following information: Sheet T-l_Tree Protection-it’s Part of the Plan ((http:/!www.city.palo- alto.ca.us/arb/planning forms.html), complete the Tree Disclosure Statement and Inspection(s) #1-6 shall be checked. 19.Tree Preservation Report (PTR). When required, the most current version of the TPR by the Project Arborist shall be printed on Sheet T-I and/or T-2 in its entirety. A prominent note shall be applied to the site plan stating, "All measures identified in the Tree Protection Report on Sheet T-I and the approved plans shall be implemented, including inspections and required watering of trees." 20.Prior to submittal of building permit, the applicant’s Project Arborist shall review the entire plan set. Corrections shall be modified as necessary for consistency with the approved tree preservation report. The arborist shall provide a letter of acceptance of the plans, specifying the date of the plans, to accompany the submittal. 21,Site Plans shall denote Type I fencing around Protected Trees and Type II fencing around Street Trees a bold dashed line enclosing the Tree Protection Zone as shown on Detail #503, Sheet T-I, and the City Tree Technical Manual, Section 6.35-Site Plans. 22.All civil plan sheets shall include a note directed to the trees to be protected, including neighbor overhanging trees stating: "Regulated Tree--before working in this area contact the Project Arborist at 650-" 23. 24. Aboveground utilities shall be located on the site in such a way that landscape screening can grow adequately to interrupt direct view from street frontages. A detailed landscape and irrigation plan encompassing on- and off-site plantable areas out to the curb for each parcel/project shall be submitted for review. A Landscape Water Use staEement, water use calculatlons and a statement of design intent shall be submitted for the pro3ect. A licensed landscape architect and qualified irrigation 060920 syn 0120164 11 NOT YET APPROVED consultant should prepare these plans. irrigation plans shall include: Landscape and o All existing trees identified both to be retained and removed, including street trees. o Complete plant list indicating tree and plant species, quantity, size, and locations. o Irrigation schedule and plan. o Fence locations. o Lighting plan with photometric data. o Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 25.All new trees planted within the public right-of-way, as shown on the approved plans, shall be installed per Public Works Standard Tree Well Diagram #504, shall have a tree pit dug at least twice the diameter of the root ball. The Public Works Detail #504 shall be shown on Landscape Plans. 26.Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. 27.Automatic irrigation shall be provided to all trees.. For trees, details on the irrigation plans shall show two bubbler heads mounted on flexible tubing placed at the edge of the root ball for each tree that is 15 gallon in size or larger. Bubblers shall not be mounted inside the aeration tube. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City’s Landscape Water Efficiency Standards. Irrigation in the right-of-way requires a street work permit per CPA Public Works standards. 28.Landscape Plan shall ensure the backflow device is adequately obscured with the planting of appropriate screening (e.g., shrubbery, landscape rock covering, fitted with dark green wire cage, etc) to minimize visibility. 29.All Planning Department conditions of approval for the project shall be printed on the plans submitted for building permit. DURING CONSTRUCTION 060920 syn 0120164 12 NOT YET APPROVED 30. 31. 32. Tree Protection Verification. A written statement from the contractor verifying that the required protective fencing is in place shall be submitted to the Building Inspections Division prior to demolition, grading or building permit issuance. The fencing shall contain required warning sign and remain in place until final inspection of the project. Tree fencing shall be adjusted after demolition if necessary to increase the tree protection zone as required by the pro3ect arborist. The applicant shall be responsible for the repair or replacement of any publicly owned trees that are damaged during the course of construction, pursuant to Section 8.04.070 of the Palo Alto Municipal Code. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. PRIOR TO OCCUPANCY 33.The Planning Department shall be in receipt of written verification that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. POST CONSTRUCTION 34.Maintenance. For the life of the project, all landscape shall be well maintained, watered, fertilized, and pruned according to Nursery and Best Management Practices-Pruning (ANSI A300-2001) and the City Tree Technical Manual, Section 3.00 and 5.00 (http://www.cityofpaloalto.org/planning- community/tree index.html). Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. Fire Department 35.Site addresses shall be prominently posted at the main access to each property property. (2001CFC901) . The BUILD 060920 syn 0120164 13 NOT YET APPROVED townhomes would have an address at the main entry on the shared driveway with TKCJL. The BRIDGE senior housing addresses will be at the corner of Fabian Way and the shared drive ramp wall. 36.Applicant shall work with the Fire Department to provide fire access to the maximum extent practical, in conjunction with hose outlets and traffic signal preemption outlined below. 37.Fire Department access roads shall be marked by striping, signs or other approved notices. (2001CFC901.4) 38.An approved access walkway shall be provided to each egress/rescue window (2001CFC902.3.1) Elevated slab shall be configured as an exit courz in accordance with the Building Code. 39.Approved evacuation pamphlets shall be (Section 3.09(a) (i), Regulations) signs and or emergency information provided throughout the building. Title 19, California Code of 40.A fire sprinkler system shall be provided which meets the requirements of NFPA Standard No. 13, 1999 Edition. (PAMCI5.04.160) 41.Approved 2½-inch hose valves shall also be provided within each courtyard and at approved locations within the parking structure. 42.An approved underground fire supply shall be provided for the sprinkler system(s), and shall meet the requirements of NFPA Standard No. 2.4 - 1999 Edition. Fire supply system installations require separate submittal to the Fire Prevention Bureau. (PAMCI5.04.083) 43.Elevator car nearest the common driveway shall be sized for Fire Department gurney access requirements based on gurney dimensions of 24 x 82_ plus a minimum of two emergency response personnel. (PAMC 15.04.120) 44.An automatic and/or manual alarm system shall be provided for each building type in accordance with the California Fire Code (2001CFCI006.2.9). Public Works and Public Works Recycling 060920 syn O120164 14 NOT YET APPROVED SITE SPECIFIC 45.Since this project will create one acre or more of impervlous surface, it will be subject to updated storm water regulations (C.3). The regulations require inclusion of storm water treatment controls sized in accordance with numeric standards, source control measures that prevent pollutants from contacting storm water runoff, and site design measures that reduce storm runoff and isolate contaminated runoff in order to minimize the need for storm water treatment. In addition, the regulations require a signed agreement with the City for the long-term maintenance of installed storm water treatment measures, subject to verification by the City. The applicant shall meet with Public Works Engineering staff to discuss the implications of the regulations on the project along with other grading and drainage issues. 46.It appears that the primary access to the townhouse development through the senior development would be through an adjacent parcel. Therefore, at minimum, access and parking easements must be granted to the applicant from the adjacent property Owner prior to the recordation of the Final Map required for this development. Any recorded easement granted for the benefit of this development "run with the land" 47.The applicant will be required to construct public improvements as part of this development. The nature and scope of the required public improvements will be determined through a meeting with City departments prior to improvement plan submittal. Resurfacing the width of the projects’ frontage streets and new curb, gutter, and sidewalk are typical standard requirements. 48.Due to the size, scope, and sensitivity of the development, the earthwork phase of construction is to take place outside of the City’s designated wet season: October ist through April 15th, unless previously approved by the Director of Public Works. GENERAL 49.The applicant is required to meet with Public Works Engineering (PWE) to verify the basic design parameters affecting grading, drainage and surface water infiltration. The applicant is required to submit a conceptual site 060920 syn 0120164 15 NOT YET APPROVED grading and drainage plan that conveys site runoff to the nearest adequate municipal storm drainage system. In order to address potential storm water quality impacts, the plan shall identify the Best Management Practices (BMP’s) to be incorporated into the Storm Water Pollution Prevention Plan (SWPPP) that will be required for the project. The SWPPP shall include permanent BMP’s to be incorporated into the project to protect storm water quality. (Resources and handouts are available from Public Works - Engineering. Specific reference is made to Palo Alto’s companion document to "Start at the Source", entitled ~Planning Your Land Development Project"). The elements of the PWE- approved conceptual grading and drainage plan shall be incorporated into the building permit plans. PRIOR TO SUBMITTAL OF BUILDING PERMIT 49. 50. 51. 52. The applicant shall submit a final grading and drainage plan to Public Works Engineering. This plan shall show spot elevations or contours of the site and demonstrate the proper conveyance of storm water to the nearest adequate municipal storm drainage system. Existing drainage patterns, including accommodation of runoff from adjacent properties, shall be maintained. The proposed development will result in a change in the impervious area of the property. The applicant shall provide calculations showing the adjusted impervious area with the building permit application. A Storm Drainage Fee adjustment on the applicant’s monthly City utility bill will take place in the month following the final approval of the construction by the Building Inspection Division. The impervious area calculation sheets and instructions are available from Public Works Engineering. Permittee must obtain a grading permit from the City of Palo Alto Building Inspection Division if excavation volume exceeds i00 cubic yards. The project is within a Special Flood Hazard Area. Because of the stringent regulations governing the design of any structure in the Special Flood Hazard Area, the applicant is required to meet with Public Works Engineering to discuss the various significant design constraints that will impact the structure. In addition, please note that there are many informational handouts available at the 060920 syn 0120164 16 NOT YET APPROVED Development Center to assist in preparing plans. improvement 53.A construction logistics plan shall be provided, addressing at minimum parking, truck routes and staging, materials storage, and the provision of pedestrian and vehicular traffic adjacent to the construction site. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map, which outlines truck routes available throughout the City of Palo Alto. A handout describing these and other requirements for a construction logistics plan is available from Public Works Engineering. PRIOR TO ISSUANCE OF BUILDING PERMIT 54.Proposed improvements are located within a Special Flood Hazard Area. Unless otherwise approved by the Director of Public Works and FEMA, those areas that will be subject to contact with floodwaters, such as crawl spaces and garages, shall be constructed with flood- resistant construction materials, as specified in FEMA Technical Bulletin 2-93. The requirements, if applicable, specified in these regulations must be clearly and specifically noted on the structural drawings and in material schedules, and not merely noted by generic reference to the Technica! Bulletin. 55.Proposed improvements are located within a Special Flood Hazard Area. Special floodwater openings shall be required in structure walls, as specified in FEMA Technical Bulletin 1-93~. The openings shall have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade PAMC, Sec. 16.52. 56.This property is in the Special Flood Hazard Area. The plans must explicitly state the lowest floor is to be elevated to a minimum Base Flood Elevation of 8ft. This minimum floor elevation must appear on the architectural and structural plans. 57.The applicant shall obtain a Street Work Permit from Public Works Engineering for pedestrian protection on the public sidewalk and or construction proposed in the City right-of- way. Sec. 12.08.010. 060920 syn 0120164 17 NOT YET APPROVED 58.A portion of the proposed work is within the State of California or County of Santa Clara right-of-way. A permit must be obtained from the applicable agency. Evidence of permit approval shall be submitted to the Planning and Public Works Departments. 59.A detailed site-specific soil report prepared by a licensed soils or geo-technical engineer must be submitted which includes information on water table and basement/garage construction issues.This report shall identify the current groundwater level, if encountered,and by using this and other available information,as well as professional experience, the engineer shall estimate the highest projected ground-water level likely to be encountered in the future. If the proposed basement/garage is reasonably above the projected highest water level, then the basement can be constructed in a conventional manner with a subsurface perimeter drainage system to relieve hydrostatic pressure. If not, measures must be undertaken to render the basement/garage waterproof and able to withstand all projected hydrostatic and soil pressures. No pumping of ground water is allowed. In general, however, Public Works Engineering recommends that structures .be constructed in such a way that they do not penetrate existing or projected ground water levels. 60.This proposed development will disturb more than one acre of land. The applicant must apply for coverage under the State Water Resources Control Board’s (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) must be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post-development project design features and temporary measures employed during construction to control storm water pollution. Specific Best Management Practices (BMP’s) which apply to the work should be incorporated into the design. 61.The applicant is required to paint the "No Dumping/Flows to Adobe Creek" logo in blue color on a white background, adjacent to all storm drain inlets. Stencils of the logo 060920 syn 0120164 18 NOT YET APPROVED 62. are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329- 2598. A deposit may be required to secure the return of the stencil. Include the instruction to paint the logos on the construction grading and drainage plan. Include maintenance of these logos in the Hazardous Materials Management Plan, if such a plan is part of this project. The project includes the construction of dumpster and recycling areas.City ordinance requires that these areas be covered. DURING CONSTRUCTION 63.The contractor must contact the CPA Public Works Inspector at (650) 496-6929 prior to any work performed in the public right-of-way. 64.No storage of construction materials is permitted in the street or on the sidewalk without prior approval of Public Works Engineering. 65.The developer shall require its contractor to incorporate best management practices (BMP’s) for stormwater pollution prevention in all construction operations, in conformance with the Storm Water Pollution Prevention Plan prepared for the project. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. (PAMC Chapter 16.09). 66.For purposes of determining compliance with the City’s Flood hazard Regulations, per condition i0, an inspection of the as-built elevation of the lowest floor shall be arranged prior to pouring the foundation of the garage (and/or building as the case may be). 67.All construction within the City right-of-way, easements or other property under City jurisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. PRIOR TO FINALIZATION 68.The "as-built" elevation of the lowest floor not used solely for parking or storage must be certified on the FEMA Elevation Certificate and accepted by Public Works as 060920 syn 0120164 19 NOT YET APPROVED 69. 70. 71. meeting the Special Flood Hazard Area requirements prior to final City approval of the structure. This elevation certification should be done at the stage of construction when the "as built" elevation of that floor ~s first established and still correctable with minimum effort; a FEMA elevation certificate or copy thereof must be submitted for City files.In cases of improvement to existing structures where an existing floor will be the lowest floor, certification shaIl be made prior to construction. Sec. 16.52. All sidewalks and curb and gutters bordering the project shall be repaired and!or removed and replaced in compliance with Public Works approved standards. Sec. 12.08.010. Any unused driveway shall be removed and replaced with curb and gutter. Sec. 12.08.090. The Public Works Inspector shall sign off the .building permit prior to the finalization of this permit. All. off- site improvements shall be finished prior to this sign-off. Similarly, all as-builts, on-site grading, drainage and post-developments BMP’s shall be completed prior to sign- off. PRIOR TO SUBMITTAL OF FINAL MAP 72.Subdivision Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite. No grading or building permits will be issued until Final Map is recorded with County Recorder. 73.The applicant shall arrange a meeting with Public Works Engineering, Utilities Engineering, Planning, Fire, and Transportation Departments after approval of this map and prior to submitting the improvement plans. These improvement plans must be completed and approved by the City prior to submittal of a Final Map. 74.The project subdivision includes significant complexity involving, final map and coordination of infrastructure design and construction. Developer shall appoint a Project Manager to coordinate with City, Public Works and Utility, engineering staff. Public Works will conduct daily and longer term communication with appointed project manager in order to facilitate timely review and approval of design and construction matters. 060920 syn 0120164 2O NOT YET APPROVED 75.All construction within the City rlght-of-way, easements or other property under City’s jurisdiction shall conform to standard specifications of the Public Works and Utility Department. Sec. 12.08.060. PRIOR TO RECORDATION OF FINAL MAP 76.This property is in a special flood hazard area and notation of this shall appear on the recorded map. 77.The subdivider shall post a bond prior to the recording of the final parcel or subdivision map to guarantee the completion of the "on" and "off" site condition(s) of approval. The amount of the bond shall be determined by the Planning, Utilities and Public Works Departments. Utilities Water Gas Wastewater 78.The applicant shall submit a completed water-gas-wastewater service connection applicatlon - load sheets (each water and gas meter shall be denoted on a load sheet) for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in g.p.m., gas in b.t.u.p.h, and sewer in g.p.d.) . 79. 80. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. The applicant must show on the site plan the existence of any water well, or auxiliary water supply. 81.The applicant shall be responsible for installing and upgrading the existing utility mains and/or services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services. 82.The applicant’s engineer shall submit flow calculations and system capacity study showing that the on-site and off-site 060920 syn O120164 21 NOT YET APPROVED water and sanitary sewer mains and services will provide the domestic, irrigation, fire flows, and wastewater capacity needed to service the development and adjacent properties during anti.cipated peak flow demands. Field testing may be required to determined current flows and water pressures on existing main. Calculations must be signed~and stamped by a registered civil englneer. 83.If necessary, the applicant is required to perform, at his/her expense,~ a flow monitoring study of the existing sewer main to determine the remaining capacity. The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the requirements and the approval of the WGW englneering section. No downstream overloading of existing sewer main will be permitted. 84.The onsite sanitary sewer system shall be privately owned and maintained. The City’s responsibility will start where the private system connects to the City’s existing sewer main in the street. 85.For contractor installed water and wastewater mains or services, the applicant shall submit to the WGW engineering section of the Utilities Department two copies of the installation of water and wastewater utilities off-site improvement plans in accordance with the utilities department design criterla. All utility work within the public right-of-way shall be clearly shown on the plans that are prepared, signed and stamped by a registered civil engineer. The contractor shall also submit a complete schedule of work, method of construction and the manufacture’s literature on the materials to be used for approval by the utilities engineering section.The applicant’s contractor will not be allowed to begin work until the improvement plan and other submittals have been approved by the water, gas and wastewater englneerlng section. 86.The applicant shall pay the capacity fees and connection fees associated with the installation of the new utility service/s to be installed by the City of Palo Alto Utilities. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 060920 syn 0120164 22 NOT YET APPROVED 87,One gas meter may serve the proposed central boiler system. If an alternative system is used, the applicable gas meter requirements would be required for the alternative design for each parcel/project. 88.A separate water meter and backflow preventer for each parcel shall be installed to irrigate the approved landscape plan. These meters and backflow preventers shall be located at the street per Palo Alto Utilities Standards. Show the locations of the irrigation meters on the plans. These meters shall be designated as irrigation accounts and no other water service will be billed on these accounts. The irrigation and landscape plans submitted with the application for a grading or building permit shall conform to the City of Palo Alto water efficiency standards. 89.A separate domestic water meter and backflow preventer for each parcel shall be installed at the street per Palo Alto Utilities Standards. Show the locations of the meters on the plans. For service connections of 4-inch through 8- inch sizes, the applicant’s contractor must provide and install a concrete vault (on private property adjacent to the Fabian Way property line) with meter reading lid covers for water meter and other required control equipment in accordance with the utilities standard detail. 90.An approved reduce pressure principle assembly (RPPA backflow preventer device) shall be installed for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17,sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner’s property and directly behind the water meter. Show the location of the RPPA on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. 91.An approved double detector check valve shall be installed for the existing or new water connections for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. Double check detector check valves shall be installed on the owner’s property adjacent to the property line. Show the location of the double detector check assembly on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the City connection and the assembly. 060920 syn O120164 23 NOT YET APPROVED 92. 93. 94. The applicant shall secure a public utilities easement for facilities installed in private property. The applicant’s engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering section with copies of the public utilities easement across the adjacent parcels as is necessary to serve the development. Sewer drainage piping serving fixtures located below the next upstream sewer main manhole cover shall be protected by an approved backwater valve per California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall be shown on the plans. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW Utilities procedures at the applicant’s expense. Utilities Marketing Services 95.Prior to issuance of either a building permit or grading permit, all common area landscaping for each parcel/project shall be approved by the utilities marketing services division of the Utilities Department. The landscape shall conform to the Landscape Water Efficiency Standards of the City of Palo Alto. A water budget shall be assigned to for each parcel/project and a dedicated irrlgation water meter(s) shall be required. Call the Landscape Plan Review Specialist at (650) 329-2549 for additionai information. Utilities Electric PRIOR TO ISSUANCE OF DEMOLITION PERMIT 96.The Permittee shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, the Permittee shall contact Underground Service Alert (USA) at 1-800-227-2600, at least 48 hours prior to beginning work. 97.The Applicant shall submit a request to disconnect all existing utility services and/or meters including a signed 060920 syn 0120164 24 NOT YET APPROVED affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within i0 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and removed. PRIOR TO SUBMITTAL FOR BUILDING PERMIT 98.A completed Electric Load Sheet and a full set of plans must be included with all building permit applications involving electrical work. The load sheet must be included with the preliminary submittal. 99.Industrial and large commercial!subdivision customers must allow sufficient lead-time for Electric Utility Engineerlng and Operations (typically 8-12 weeks after advance engineering fees have been paid) to design and construct the electric service requested. i00. 0nly one electric servlce lateral is permitted per parcel. I01. This project requires a padmount transformer/switch/transition cabinet unless otherwise approved in writing by the Electric Utility Engineering Department. The location of the padmount transformer/switch/transition cabinet shall be shown on the site plan and approved by the Utilities Department and the Architectural Review Board. 102. The developer/owner shall provide space for installing padmount equipment (i.e. transformers,switches, and interrupters) and associated substructure as required by the City. In addition, the owner shall grant a Public Utilities Easement for facilities installed on private property as required by the City. 103. The customer shall install all electrical substructures (conduits, boxes and pads) required from the service point to the customer’s switchgear. All conduits must be sized according to National Electric Code requirements and no ~- inch size conduits are permitted. Conduit runs over 500 feet in length require additional pull boxes. The design and installation shall also be according to the City standards. 060920 syn 0120164 25 NOT YET APPROVED 104.Location of the electric panel/switchboard shall be shown on the site plan and approved by the Architectural Review Board and Utilities Department. 105.All utility meters, lines, transformers, backflow preventers, and any other required equipment shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials. In addition, all aboveground equipment shall be screened in a manner that is consistent with the building design and setback requirements. 106.For services larger than 1600 amps, the customer will be required to provide a transition cabinet as the interconnection point between the utility’s padmount transformer and the customer’s main switchgear. The cabinet design drawings must be submitted to the Electric Utility Engineering Department for review and approval. 107. No more than four 750MCM conductors per phase can be connected to the transformer secondary terminals; otherwise, bus duct must be used for connections to padmount transformers.If customer installs a bus duct directly between the transformer secondary terminals and the main switchgear,the installation of transition cabinet will not be required. 108.The customer is responsible for sizing the service conductors and other required equipment according to the National Electric Code requirements and the City standards. 109. Projects that require the extension of high voltage primary distribution lines must be coordinated with the Electric Utility. Additional fees may be assessed for the reinforcement of offsite electric facilities. ii0.Any additional facilities and services requested by the Applicant that are beyond what the utility deems standard facilities will be subject to Special Facilities charges. The Special Facilities charges include the cost of installing the additional facilities as well as the cost of ownership. PRIOR TO ISSUANCE OF BUILDING PERMIT 060920 syn 0120164 26 NOT YET APPROVED iii. The applicant shall comply with all the Electric Utility Engineering Department service requirements noted during plan review. DURING CONSTRUCTION 112.Contractors and developers shall obtain a street opening permit from the Department of Public Works before digging in the street right-of-way.This includes sidewalks, driveways and planter strips. 113.At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert (USA) at 1- 800-227-2600 to have existing underground utilities located and marked. The areas to be checked by USA shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction complete. 114.The customer is responsible for installing all on-site substructure (conduits, boxes and pads) required for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All conduits must be sized according to National Electric Code requirements and no ½-inch size conduits are permitted. All off-site substructure work will be constructed by the City at the customer’s expense. Where mutually agreed upon by the City and the Applicant, all or part of the off-site substructure work may be constructed by the Applicant. Utilit±es Rule & regulation #16. 115.All primary electric conduits shall be concrete encased with the top of the encasement at a depth of 30 inches. No more than 180 degrees of bends are allowed in a primary conduit run. Conduit runs over 500 feet in length require additional pull boxes. 116.All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 117.The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meet the National Electric Code requirements and the City standards. 060920 syn 0120164 27 NOT YET APPROVED 118.Prior to fabrication of electric switchboards and metering enclosures, the customer must submit switchboard drawings to the Electric Metering Department at 3201 East Bayshore Road, Palo Alto 94303 for approval. The City requires compliance with all applicable EUSERC standards for metering and switchgear. 119.All new underground electric services for each parcel/project shall be inspected and approved by both the Building Inspection Division and the Electrical Underground Inspector before energizing. AFTER CONSTRUCTION & PRIOR TO FINALIZATION 120.The customer shall provide as-built drawings showing the location of all switchboards, conduits (number and size), conductors (number and slze), splice boxes, vaults and switch/transformer pads. PRIOR TO ISSUANCE OF BUILDING OCCUPANCY PERMIT 121.The applicant shall grant Public Utilities Easement for facilities installed on private property for City use. 122.All required inspections have been completed and approved by both the Building Inspection Division and the Electrical Underground Inspector. 123. For each parcel/project, all fees must be paid. 124. All Special Facilities contracts or other agreements need to be signed by the City and applicant for each parcel/project. ADDITIONAL COMMENTS 125.Developer shall provide electrical load details/calculations for sizing the padmounted transformer for the proposed project. Lead time on the transformer is 6-8 months. The City does not permit installing padmounted equipment (transformer/switch) in the basement or in any other inaccessible locations. Any extension or relocation of existing distribution lines or equipment if required shall be done at customer’s expense. Customer shall maintain clearances from the electrical lines per City and N.E.C. requirements. Utilities Engineering will provide 060920 syn 0120164 28 NOT YET APPROVED cost estimate/fees when drawings are submitted to the Building Department for review and approval. Customer must visit the proposed project site and acquaint himself/herself with the field conditions prior to submitting the drawings. Customer must schedule a meeting with Utilities Engineering (650-566-4533/4516/4535) and obtain City’s standards and specifications. SECTION 4. Effective Date. This resolution shall be effective upon the effective date of Ordinance , entitled "Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Change The Classification of Property Known as 901 San Antonio Road- BUILD/BRIDGE Project from GM TO PC Planned Community and a Comprehenslve Plan Amendment to Change the Land Use Map from Light Industrial to Mixed Use." INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: Senior Deputy City Attorney City Manager Director of Planning and Community Environment 060920 syn 0120164 29 Attachment E City of Palo Alto Department of Planning and Community Environment September 1, 2006 Joe McCarthy, Project Manager BUILD LLC 345 Spear Street, Suite 700 San Francisco, CA 94105-1673 Lydia Tan, Executive Vice President BRIDGE Housing Corporation 345 Spear Street, Suite 700 San Francisco, CA 94105-1673 Planning Division Subject:Below Market Rate (BMR) Agreement for 103-Unit Residential For Sale Townhouse Project and 56-Unit Senior Rental Project at 901 San Antonio Road; APN: 127-37-024; 06PLN-00000-00031 Dear Joe and Lydia: This letter Agreement between BRIDGE Urban Infill Land Development, LLC, (BUILD .or Developer); BRIDGE Housing Corporation (BRIDGE) and the Director of the Department of Planning and Community Environment (Director) describes how BUILD and BRIDGE will satisfy the provisions of the City of Palo Alto’s Below Market Rate (BMR) Program for the Planned Community (PC) zone change application for the proposed 103-unit residential for-sale townhouse condominium development (the "BUILD Project") and the 56-unit senior rental apartments (the "Senior Rentals") at 901 San Antonio Road, Palo Alto. The BMR program requirements are contained in Program H=36 of the Comprehensive Plan (Chapter 4 - Housing). Representatives of BUILD, BRIDGE and the Director of Planning and Community Environment (the "Director") have discussed and negotiated the terms of this agreement, and the signatures of BUILD’s and BRIDGE’s corporate officers on this letter confirms you agree to these provisions. This agreement will be incorporated by reference into the adopted PC ordinance and the conditions of approval for the PC application. Its provisions will also be incorporated by reference into the conditions of approval for the future subdivision map agreement for the BUILD Project. Summary of Proposed Development: The 4.0 acre site is zoned General Manufacturing (GM) and is presently composed of one parcel occupied in part by the former Sun Microsystems building, which will be demolished. Subsequent to approval of the PC application, the existing four acre parcel will be divided into two parcels: a 3.5 acre site for construction of the BUILD Project and a 0.5 acre site for construction of the Senior Rentals. BRIDGE will then acquire title to the 0.5 acre site from BUILD at fair market value, estimated to be $2.6 Million (including the value of planning entitlements, but exclusive of the value of parking and related easements). BRIDGE will acquire, at Printed with soy-based inks on 100% recycled paper processed without chlorine 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 650.329.2441 650.329.2154 BUILD / BRIDGE BMR Agreement September 1, 2006 Page 2 of 10 additional cost, easements for access and parking within the BUILD Project’s garage for the Senior Rentals. BUILD For-Sale Townhome Proiect: A total of 103 new attached, townhouse style condominiums, ownership units will be constructed by BUILD on a podium structure over grade level parking. The townhouses will include a mix of one, two, three and four bedroom units in various floor plans ranging in size from about 836 to 2,113 square feet of interior living space. BRIDGE Senior Rental Proiect: On its half acre parcel, BRIDGE, or its affiliates, will construct, and then manage, a 56-unit rental apartment building for occupancy targeted to extremely low income seniors at affordable rents. Unit mix may vary based on funding source, but it is anticipated there will be 52 one-bedroom units, three studio units and one, two-bedroom unit for a resident manager. All units, other than the manager’s unit, will be restricted by a recorded regulatory agreement(s) for a minimum of fifty-five (55) years of affordability. Specifically, occupancy and rents will be restricted as follows: 30 units at 30% of the Area Median Income (AMI) o 25 units at 40% of the Area Median Income (AMI) BMR Requirement for the BUILD Proiect: The BUILD Project is subject to a fifteen (15%) percent BMR requirement; under Program H-36, that would normally result in the provision of 16 units of the 103 total townhome units being sold at BMR prices, under the rules and procedures of the BMR program. However in order to assist the City in meeting its Housing Element objectives for the production of very low income rental housing, BUILD proposed an alternative plan that is financially equivalent to the 16-unit BMR obligation and is intended to result in the addition of 56 very low income, senior rental units to the City’s stock of affordable rental housing. The Director, BUILD and BRIDGE have agreed on this alternative plan to the standard provision of BMR units within the market-rate project, as described in this letter agreement because of: (1) The provision of 56-units towards the City’s unmet need for affordable rental housing; and (2) The leverage that BRIDGE should be able to achieve by using BUILD’s BMR contribution to attract federal, state and local affordable housing subsidies of approximately $16 million; and (3) Through funding leverage, the development of additional affordable rental units well in excess of the 19 units that is financially equivalent to the 16 townhome BMR requirement. H:kDOC\BMR Program\Bridge - BUILD BMR Ltr Agrmt 9-1-06 Final.doc BUILD / BRIDGE BMR Agreement September 1, 2006 Page 3 of 10 Seifel Report: Equivalency of BRIDGE’s Extremely Low Income Senior Rental Units to BMR For-Sale Townhomes in the BUILD Proiect: The City required BUILD to hire an independent consulting firm with experience in inclusionary housing analysis to analyze BUILD’s proposal to provide financial support for a BRIDGE low rent senior project as an alternative to provide the standard 15 percent BMR units in their townhome development. The report prepared by Seifel Consulting Inc. dated May 26, 2006 titled: "Palo Alto Inclusionary Housing Analysis" ("Seifel Report") examined both: 1 ) What would be a reasonable financial contribution from BUILD to BRIDGE; and 2) How many of the senior rental units in BRIDGE’s project could be considered as developed with BUILD’s payment and thus be counted as meeting the City’s BMR program requirements? Based on data in the Seifel Report, the Director has determined that a $7.3 million payment will be financially equivalent to the provision of the normally required 16 for- sale BMR townhomes within the 103 BUILD Project ($457,000 (Affordability Gap per BMR unit) times 16 equals $7,312,000). Using the ratio (1.15:1) between the average affordability gap of a BUILD BMR townhome and the average affordability gap of a BRIDGE senior rental unit, the Seifel Report concluded that 19 of the BRIDGE senior rental units are equivalent to 16 BUILD BMR townhomes. The equivalency calculation is based on a rent structure for the Senior Rentals, as described above; where 30 units are at 30% of AMI rents and 25 units are at 40% of AMI rents. Thus, of the 56 Senior Rental units, 19 will meet the BMR program requirements of the BUILD Project and the remaining 37 units will be additional affordable rentals made possible through the cooperation of BRIDGE and BUILD. BRIDGE’s extensive track record in winning funding awards and producing subsidized senior rental housing, together with BUILD’s sale of the land for fair market value and its $7.3 million development subsidy, makes this agreement possible. BUILD’s Obligations: There will be no BMR units within the 103-unit BUILD Project; all of the BUILD units will be sold at market rates. BUILD’s BMR obligation for the BUILD Project (the 103 townhomes) will be satisfied in full by BUILD’s completion of the following actions: 1) Sale of Senior Rentals Site: Selling, by grant deed, fee title to the half acre Senior Rentals site to BRIDGE, together with the sale of the legal rights to the access and parking easements needed for the Senior Rentals, as described in the PC application and architectural plans approved by the City for the 901 San Antonio Road; and 2) Contribution of Funds for Senior Rentals: Providing $7.3 million in funding to BRIDGE (the "BUILD Payment"). HADOCkBMR ProgramkBridge - BUILD BMR Ltr Agrmt 9-1-06 Final.doc BUILD ! BRIDGE BMR Agreement September 1, 2006 Page 4 of 10 Timing for Completion of BUILD’S Actions: 1) Sale of Site & Easements to BRIDGE: Not later than sixty (60) days after the effective date of the City Council’s adoption of the PC ordinance, BUILD will execute a purchase contract with BRIDGE for the sale of the Senior Rentals site and the access and parking easements. This purchase contract shall provide BRIDGE with sufficient "site control" as that term is defined in the California State regulations for the Low Income Housing Tax Credit Program ("Tax Credits") to submit financing applications. A copy of the purchase contract shall be provided to the City. The purchase contract shall specify that the close of escrow shall occur within 90 days from the approval of the Final Map, or such other reasonable closing date as may be approved by the City. A copy of the recorded grant deed shall be provided to City. 2) BUILD Payment: BUILD’s $7.3 million payment shall be made in three (3) installments to coincide with completion of townhomes sales in the BUILD project. However, BUILD may elect to make partial or full payment to BRIDGE before the deadlines stated below. a. 1st. Payment of $2,300,000 shall be made not later than 60 days after close of escrow of the 34tn townhome sale; and b. 2nd. Payment of $2,500,000 shall be made not later than 60 days after close of escrow on the 67tn townhome sale; and c. 3rd. Payment of $2,500,000 shall be by the earlier of: i. 60 days after close of escrow on the 103rd townhome sale; or ii. Close of escrow on the construction loan funding for the BRIDGE Senior Rentals or the Alternative A - BRIDGE condominium project; or iii. Payment by BRIDGE to the City of the Alternative B - BMR in-lieu fee. BUILD shall notify the City and BRIDGE when sales contracts begin to be signed and then shall provide written progress reports on the townhome sales with each of the three payments or at least every six (6) months until the $7,300,000 is paid in full. The reports shall list the number of townhomes sold with escrows closed and the unit’s address or assessor’s parcel number and verification of each payment shall be made to the City. The City Attorney may require an enforceable security agreement or other document, such as a note and deed of trust be recorded against the BUILD parcel, to secure the total amount of the BUILD Payment. The security document will provide for a partial reconveyance or release of restrictions as units are sold and the fee payments completed. BRIDGE’s Obligations: By assuming the responsibility for fulfilling BUILD’s BMR obligation for its 103 unit project, BRIDGE is obligated to diligently pursue in good faith financing commitments and building and other permits necessary for the H:\DOC~BMR ProgramkBridge - BUILD BMR Ltr Agrmt 9-1-06 Final.doc BUILD / BRIDGE BMR Agreement September 1, 2006 Page 5 of 10 completion of the 56-unit Senior Rentals project. BRIDGE agrees to devote its efforts exclusively to the Senior Rentals project during two years beginning with the effective date of the PC ordinance (the "Effective Date") and will not work on the Alternative A project during this initial two year period. If all the necessary funding commitments for the Senior Rentals have not been secured after the end of year two, BRIDGE may elect to pursue funding and approvals for either: 1) The Senior Rentals; and / or 2) The Alternative A - Mixed-Income Condos BRIDGE may also continue to seek funding commitments for the Senior Rentals while concurrently securing design approval and financing for the Alternative A: Mixed- Income Condo project (described below), based on BRIDGE’s professional judgment and assessment of the likelihood of success for either project. However, BRIDGE agrees not to abandon its efforts to develop the Senior Rentals while there remains some reasonable chance of successfully developing the Senior Rentals and agrees to consult with City before proceeding exclusively with the Mixed-Income Condo project. Deadlines for Financing Commitments, Start of Construction and Completion of Affordable Housing: BRIDGE is allowed up to four years from the Effective Date to secure all necessary construction and permanent funding commitments for either the Senior Rentals or the Alternative A Mixed-Income Condos. If such funding commitments are not in place at the end of the four year period, BRIDGE may elect to utilize an additional two year extension. BRIDGE shall notify the City of its election of the extension and provide the City with a written description of its work to date, the status of each project and the funding commitments obtained and planned. From the month and year in which BRIDGE secures the financing commitments, BRIDGE will take out the first shell building permit for the selected housing project within two years and complete construction within two years of the building permit issuance. If BRIDGE has secured financing commitments for both the Senior Rentals and the Alternative A- Mixed-Income Condos, then BRIDGE agrees to proceed with the construction of the Senior Rentals. Financing for Senior Rentals Proiect: City and BRIDGE acknowledge that due to the important objective of providing extremely low rents that the Senior Rentals project can carry little or no amortizing debt and still cover projected operating costs and deposits to reserves. Thus, BRIDGE must raise approximately 90 to 100% of the project’s development costs in the form of grants, deferred payment or residual receipts loans and equity. BRIDGE has provided the City with tentative alternative financing scenarios H:~DOCkBMR Program~Bridge - BUILD BMR Ltr Agrmt 9-1-06 Final.doc BUILD / BRIDGE BMR Agreement September 1, 2006 Page 6 of 10 and has been actively researching financing programs and submitting funding applications where appropriate. One or more of the following highly competitive housing programs will be needed as a principal financing source: 1)Nine percent Low Income Housing Tax Credits (LIHTC) 2)HUD 202 Capital Grant program 3)State Multifamily Housing Program (MHP) 4)Four percent Low Income Housing Tax Credits with tax exempt bond financing. In addition, BRIDGE must secure commitments from other affordable rental housing financing sources (typical sources of funding are: the County of Santa Clara, the State HOME program, the Housing Trust of Santa Clara County and the Federal Home Loan Bank’s Affordable Housing Program). The City does not provide financing or subsidies for housing units that are developed to satisfy the BMR program requirement. Thus, the development costs of the 19 Senior Rentals units that satisfy the BMR requirement for the BUILD Project cannot be funded with City housing funds. Alternative B - BMR In-Lieu Fee (the "BRIDGE Fee Payment"): At such time that BRIDGE determines that both the Senior Rentals and the Alternative A - Mixed- Income Condos are infeasible, but not later than the end of the fourth year, or the sixth year in the event of the extension, then BRIDGE agrees to pay a BMR in-lieu fee payment to the City. Upon receipt of the full amount of the BRIDGE Fee Payment, together with acceptable documentation of the calculation of the fee amount, the City will deem BRIDGE’s BMR obligation fully satisfied and BRIDGE will no longer be obligated to develop either the Senior Rentals or the Alternative A - Mixed-Income Condos. The City will deposit the BRIDGE Fee Payment to the Residential Housing Fund, which Fund is used for affordable housing development, preservation and rehabilitation, and the City will release the 0.5 acre property from the restrictions of this BMR Agreement. Subsequent housing development applications for the 0.5 acre property will be subject to then-current City affordable housing and BMR requirements, as applicable. Calculation of BRIDGE Fee Payment: The fee amount will be equal to the initial $7.3M contribution from BUILD less actual costs incurred by BRIDGE to acquire the land and prepare the site for development plus the resale proceeds of the 0.5 acre parcel together with its related parking easement rights and off-site improvement credits. These costs will include land acquisition, parking easement acquisition, reimbursement by BRIDGE of BUILD’s prorated predevelopment costs, prorated shares of off-site improvements, and BRIDGE’s actual land holding and preconstruction costs. The maximum payment that the City would receive is $7.3 million plus an annual CPI adjustment. The CPI adjustment (which only applies to the $7.3 Million payment) will commence at the close of escrow on the sale of the last unit in the 103 unit market-rate townhouse HADOC\BMR Program~Bridge - BUILD BMR Ltr Agrmt 9-6-06 CC Packet Final,doe BUILD / BRIDGE BMR Agreement September 1, 2006 Page 7 of 10 development until full payment of the BRIDGE Fee Payment to the City. However, in no event shall the BRIDGE Fee Payment be less than $4.5 million even if the calculation results in a lower amount. BRIDGE will provide documentation to the City with the fee payment for the allowed costs and credits or revenues as described more specifically in Attachment B the BRIDGE Fee Payment Calculation Worksheet Methodology. Description of Alternative A - Mixed-Income Condo Project: At this time only a general concept for this alternative housing project has been agreed upon between the City and BRIDGE; BRIDGE will develop this project more thoroughly should BRIDGE determine that it is necessary to pursue this alternative. The 0.5 acre site would be reconfigured to allow construction of approximately 32 units of for-sale condominium flats with about the same general building footprint and floor area ratio as the Senior Rentals project. The intention is that the current PC zone ordinance would permit Alternative A, however design approval by the Architectural Review Board will likely be necessary to the extent that the reconfiguration has an impact on the exterior design. A minimum of 16 condos would have to be built and sold as BMR units to satisfy the BMR requirement for the BUILD Project and additional BMR units would be provided at a 15% rate times any units built in excess of 16 (Example: 35 total units are built, less 16 BMR units equals 19 additional units, 19 times 15% equals 3 BMR units (2.85 rounded up); total BMR units equals 19 out of 35). The final construction plans for the building permit(s) will need to designate each BMR unit and those final designations, locations and floor plans shall be approved by the Director prior to issuance of the first building permit for the Alternative A for consistency with this agreement. Compared to the market-rate townhomes proposed for the BUILD Project, the Alternative A units would be equivalently sized with similar interior finishing, but configured as stacked flats rather than townhomes. Construction, Finishing, Amenities: The BMR units shall be comparable in all aspects to the market-rate housing units including, but not limited to, construction quality, appliances, cabinets, kitchen and bathroom fixtures, appearance, flooring materials, finish work, amenities, storage units, parking spaces, and access to all facilities. Developer may request permission from the Director to use different interior finishes, appliances and fixtures in the BMR units than in the market-rate units. Such substitute materials and equipment must still be of very good quality and durability. Any such request should be submitted to the City at least 60 days prior to issuance of the Project’s building permit. The Director must approve substitute materials in writing. Prior to the close of escrow for the sale of each BMR unit, the City shall inspect the BMR unit to determine that it meets the construction and finishing standards stated in this Agreement and the City Manager shall approve the acceptance of each BMR unit into the program. H:\DOC~BMR Program~Bridge - BUILD BMR Ltr Agrmt 9-6-06 CC Packet Final.doc BUILD / BRIDGE BMR Agreement September 1, 2006 Page 8 of 10 Sale of BMR Units, Buyer Selection and Qualification: Developer shall offer the BMR units for sale to the City at the approved BMR prices in accordance with procedures generally described in Attachment C. Developer shall cooperate with the City, the buyers and the City’s program administrator as necessary in the first sale of each of the BMR units. The City normally selects qualified buyers from the BMR ownership program waiting list. At the appropriate time in the sale transaction for each BMR unit, the City will assign its right to purchase to each qualified BMR buyer. BMR Unit Sales Prices: Pricing for the BMR units in Alternative A will be set based on the standard City BMR price calculation methodology and distribution between price categories in effect at the time that BRIDGE’s Architecture Review Board application for Alternative A is deemed complete by the City. Attachment D describes and illustrates the City’s current methodology for setting BMR prices for newly constructed units. The financing gap associated with Alternative A would be addressed by the BUILD Payment to BRIDGE, and by a cross-subsidy associated with the sale of the market-rate units built on the 0.5 acre BRIDGE site. Table 1 shows the required unit types, numbers of bedrooms, and square footage of the minimum 16 BMR units and the current 2006 BMR purchase prices. Unit Type Plan I Plan Plan 3 Plan 4 TOTAL Table 1: Alternative A - Mixed-Income Condo Project Description of Minimum Required 16 BMR Units Type 1 Bd, 1 Ba 2 Bd, 2 Ba 3 Bd, 2.5 Ba 4 Bd, 3 Ba Net Square Feet . 750 sf 1,200 sf 1,500 sf 1,900 sf Price Category (based on AMI) 80% to 100% 80% to 100% 100% to 120% 80% to 100% 100% to 120% 80% to 100% 100% to 120% BMR Sales Prices As of 5-15-06 $195,600 $22Z300 $290,150 $258,600 $328,600 $283,850 $359,350 No. of BMR Units 1 4 2 5 2 1 1 16 City’s Commitments: The City commits that a condominium housing development of up to 35 units on the 0.5 acre site would be allowable within the PC Zoning ordinance for the 901 San Antonio Road property and that Alternative A, as described in this agreement would not require additional City Council approval as long as the H:\DOC~BMR Program\Bridge - BUILD BMR Ltr Agrmt 9-1-06 Final.doc BUILD / BRIDGE BMR Agreement September 1, 2006 Page 9 of 10 development does not exceed 35 units and the floor area ratio (FAR) does not exceed the FAR of the Senior Rentals. BMR Agreement to Be Recorded: A formal BMR Agreement incorporating the terms of this letter agreement shall be prepared in a form satisfactory to the City Attorney, executed by BUILD, BRIDGE and the City, and recorded against the BRIDGE Property prior to, or concurrent with, the recording of the subdivision map that divides the 4.0 acres into two legal parcels. The recorded BMR Agreement will be a contractual obligation of BUILD and BRIDGE and its successors in interest and shall run with the land. The City requires that lenders with secured interests in the property subordinate to the recorded BMR Agreement. If the Senior Rental project will be developed, then a City regulatory agreement with a minimum term of fiftv-five (55) years will be recorded against the project at the close of its permanent funding to regulate the rents and occupancy of the 19 BMR units. If the Alternative A: Mixed-Income Condos are ultimately developed, then individual City BMR deed restrictions for each of the BMR units shall be recorded with the grant deed at the first sale by BRIDGE to a BMR qualified buyer with a term of at least 59 years. Future transfers or sales to subsequent BMR owners will initiate a new 59-year term of affordability. A copy of the City’s current Deed Restrictions is attached to this agreement as Attachment E. The City is expecting to revise the current deed restrictions and the City’s revised deed restrictions shall be used and recorded with the grant deed to the initial homebuyers. Program Administrator: The Department of Planning and Community Environment administers the BMR program. The City’s current contract program administrator for the BMR program is the PAHC Housing Services, LLC (PAHC). PAHC administers the sales of newly constructed BMR ownership units for the City. The current sales procedures are generally described in Attachment C; BRIDGE shall comply with the City then-current BMR sales procedures if the Alternative A project is constructed. The City may assign any or all of the administrative duties including review, approval and monitoring functions to its program administrator or other designee. Should BRIDGE develop Alternative A, the City agrees to discuss having BRIDGE assume some or all of the administration of the BMR sales. Please sign this letter below indicating that we have reached agreement regarding the BMR program contribution for the BUILD and BRIDGE developments at 901 San Antonio Road, Palo Alto. Thank you for your cooperation and your contribution to affordable housing in the City of Palo Alto. H:\DOCkBMR Program\Bridge - BUILD BMR Ltr Agrmt 9-1-06 Final.doc BUILD / BRIDGE BMR Agreement September 1, 2006 Page 10 ofl0 STEPlqEN A. EM5 Director of Planning and Community Environment BRIDGE Urban Landfill Development, LLC and BRIDGE Housing Corporation agree to satisfy the City of Palo Alto Below Market Rate housing requirement for the housing development at 901 San Antonio Road (APN: 127-37-024; Application No: 06PLN-00000-00031), as described in this Letter of Agreement dated September 1, 2006 BRIDGE Urban L~ndf~l ~)}evelopment, LLC BRIDGE By: Title: cc:Gary Baum, City Attorney Don Larkin, Senior Deputy City Attorney Curtis Williams, Chief Planning & Transportation Official, Planning Division Steven Turner, Senior Planner, Planning Division Julie Caporgno, Advance Planning Manager, Planning Division Catherine Siegel, Housing Coordinator, Planning Division Linda Mabry, BMR Administrator, Palo Alto Housing Corporation Attachments: A) B) c) D) E) Property Description [to be added to recorded agreement] BRIDGE Fee Payment Calculation Worksheet Methodology Procedures and Instructions for the Sale of New BMR Units BMR Sales Price Calculations, May 2006 Below Market Rate Ownership Deed Restrictions [Current Version dated 8/93] H:kDOC~BMR Program\Bridge - BUILD BMR Ltr Agrmt 9-1-06 Final.doc Attachment A: Property Description [To be inserted in recorded agreement] ATTACHMENT B Attachment B Line #Description BMR IN-LIEU FEE PAYMENT PAID TO BRIDGE (THE "BUILD" PA YMENT) Bridge Fee Payment Calculation Worksheet Methodology. Amount Less Bridge’s Actual Costs For:- Land Acquisition Parking & Access Easement Acquistion Predevelopment Costs Shared Off-Site Costs (w/BUILD) Share of Risk Management Plan Costs $7,300,000 2 3 4 5 6 7 8 Plus: Land Holding Costs Preconstruction Costs Interest earned by BRIDGE on the $7.3 M during the period the funds are held $0 $ 7, 300, 000 $0 $0 $o $o $o $o $o 10 Plus: Subtotal: Proceeds of Sale of Land with Parking & Access Easements at Year Six $0 SUBTOTAL: BRIDGE Fee Payment $7,300,00012 Plus: 13 14 Annual CPI Adjustment (if applicable) TOTAL Payment Due to City From BRIDGE $0 $7,300,000 The BRIDGE Fee Payment must equal a minimun of $4.5 Million; the maximum Fee Payment is $7.3 Million. If the $7.3 Million amount is due using the above calculations, then the City will also receive from Bridge a CPI adjustment payment in addition to the $7.3 Million. The CPI adjustment shall equal the percentage change in the CPI Index in effect, commencing with the close of escrow on the sale of the last unit in the BUILD 103 unit project until full payment to City of the Bridge Fee Payment, times the $7.3 Million. If the Fee Payment calculation results in a Fee Payment of less than $7.3 Million then no CPI Adjustment payment is required. H:\Sheet\Bridge Fee Pymt Worksheet-Att B BMR Agrmt ATTACHMENT C:BMR Program Policies and Procedures 2003:01 Date: May 6, 2003 Rev: Jan. 7, 2005 Sales Procedures for New Below Market Rate (BMR) Ownership Units This document provides an overview of the City ofPalo Alto’s policies and procedures for the selection of buyers and the sales of newly constructed BMR ownership units provided under the City’s Below Market Rate (BMR) Program - H-36 of the Housing Element as adopted on December 2, 2002. The information is intended primarily for housing developers and others interested in an overview of the buyer selection and sales process. Further details of the process, both for new unit sales and resales of existing BMR units, may be found in the BMR Program Policy and Procedures Manual prepared by the Palo Alto Housing Corporation (PAHC). 1) BMR Agreement Between City and Developer: During the entitlement review process, a BMR agreement is prepared between the City and the Developer. Compliance with the BMR program agreement is included as one of the project’s Conditions of Approval. Generally, a letter agreement is drafted, signed by the Developer and the Director of Planning and Community Environment and included in the staff report packets sent to the Boards, Commission and Council decision makers, as applicable. A final BMR Agreement, in a form that will be recorded against the land, is prepared prior to the final entitlement approval for the project. This formal document must be executed by the appropriate officers of the Developer and by the legal owners of the land (if different than the Developer). A consent and subordination to the BMR Agreement is also required from any lender with a secured interest in the land. Most projects with for-sale housing units will involve a subdivision map application. In such situations, the formal BMR Agreement is prepared, executed and recorded prior to City approval of the final subdivision map agreement. The formal BMR Agreement may be a separate legal document or may be incorporated into the text of the subdivision agreement. The BMR Agreement (both the initial letter agreement and the formal, recorded agreement) will include complete descriptions of the BMR units and will reference the units’ floor plans, features, sizes and locations. The BMR units must also be designated on the site plans that are part of the subdivision map. 2) Sale of BMR Units to a Qualified Purchaser Designated by the City: The BMR Agreement provides the City with a right to purchase the BMR units from the Developer for the specified below market price(s) at completion of the Project. The standard practi~e is for the City to assign its right to purchase to a BMR buyer that has been selected and qualified by our contract program administrator, the Palo Alto Housing H:kDOC~3MR Policy & Proceduresk2003-01 Sales Process of New BMR Units.doc Page 1 of 6 ATTACHMENT C:BMR Program Policies and Procedures 2003:01 Date: May 6, 2003 Rev: Jan. 7, 2005 Corporation (PAHC). The Developer does not have the right, or the responsibility, to select and qualify buyers for the BMR units. It is a violation of the BMR Agreement for the Developer to sell a BMR unit directly to a buyer of its own choosing (even if that buyer meets the program’s qualifications) without the prior express written consent of the City, which would need to include the City’s assignment of its legal fight to purchase. After the BMR units’ initial sale, as provided in these procedures, the Developer has met its responsibilities regarding the BMR program. The provisions of the BMR Deed Restrictions, which are enforced by PAHC and the City, control resales of the BMR units. The sales process begins with the Developer notifying the City and PAHC of its intention to begin the marketing and sales of units in the Project. The Developer should inform PAHC as early as possible of the amount of the final monthly homeowners association dues because this is a critical piece of information for the buyer information packets and the qualifying process. PAHC must also be informed when the BMR unit(s) are legally available for binding purchase contracts to be signed. PAHC selects the buyer for each BMR unit (the "Designated BMR Buyer") according to program preferences (preference for applicants that live or work in Palo Alto), income, asset and household requirements and order on the waiting list. The Developer must then execute a standard California Real Estate Purchase Agreement with the Designated BMR Buyer for each BMR unit within two (2) weeks of notice from PAHC of the buyer’s selection. Should the first Designated BMR Buyer not be able to obtain financing or close escrow for whatever reason, PAHC shall provide a substitute buyer, or buyers, as necessary. The Developer shall execute a purchase agreement with any number of substitute buyers designated by PAHC as necessary in order to sell each BMR unit to a qualified buyer. 3) Comparability of BMR Unit, Features and Upgrades: Except as provided in the BMR Agreement and related official correspondence from the City, the design, construction, materials, finishes, windows, hardware, light fixtures, landscaping, irrigation, appliances, and like features of each BMR unit shall be comparable to all other units in the Project. The owner of each BMR unit shall have access to all facilities, amenities, parking and storage as will be available, or provided, to ovmers of other units in the Project. Each Designated BMR Buyer shall be offered the opportunity to select colors, finishing materials, add-ons, upgrades or other features on the same terms and pricing as buyers of market rate units. However, the cost upgrades, contracted for by a Designated BMR Buyer, must be shown separately in the purchase contract and escrow statement and not added to the purchase price of the BMR unit because the of the limitation on the BMR unit’s price in the BMR Agreement. H:\DOCkBMR Policy & Procedures~2003-01 Sales Process of New BMR Units.doc Page 2 of 6 ATTACHMENT C:BMR Program Policies and Procedures 2003:01 Date: May 6, 2003 Rev: Jan. 7, 2005 4) Inspection & Acceptance of BMR Unit(s): Representatives of the City and PAHC shall be allowed to inspect each BMR unit, and a sample of the other units in the Project, immediately prior to issuance of a certificate of occupancy, or final approval of the building permit by the City’s Building Division in order to determine that each BMR unit meets the standards of construction and finishing, as required by the BMR Agreement. This inspection is independent of the City’s inspections for Building Codes and other Planning Conditions. The City shall specify in writing any deficiencies in the BMR unit(s) and such deficiencies shall be corrected by the Developer to the satisfaction of the City within 2 weeks of receipt of such notice or by such other deadline that is acceptable to the City. Prior to close of escrow on the sale of each BMR unit, the City Manager, on behalf of the City of Palo Alto, shall execute a "Certificate of Acceptance". This document, which is the City’s official approval and acceptance of each BMR unit, shall be recorded as an exhibit to the Grant Deed from the Developer to the Designated BMR Buyer, as described below. 5) Recording of Documents: Prior to close of escrow for each sale, the Developer must execute the Grant Deed that will transfer title of each BMR unit from the Developer to the Designated BMR Buyer. Also, prior to closing PAHC obtains the Designated BMR Buyer’s signature on the City of Palo Alto Below Market Rate Deed Restriction (the "BMR Deed Restrictions") and the City executes the "Certificate of Acceptance". After these documents are properly executed, PAHC transmits them to the Escrow Agent. The Developer shall instruct the Escrow Agent to attach both the Certificate of Acceptance and the BMR Deed Restrictions as exhibits to the Grant Deed prior to its recording. The Developer shall also instruct the Escrow Agent to reference these documents on the face of the Grant Deed in the manner specified by PAHC. In general, the Developer shall cooperate fully with the City, PAHC and the purchaser in the escrow process. The City may develop new or revised legal documents (including revisions to the BMR Deed Restrictions) in order to secure its BMR deed restrictions and implement the program’s goals and objectives. The Developer agrees to assist City as necessary in the closing and recording of the City’s BMR documents. 6) Provision of Proiect Information: The Developer, and its sales and marketing agents, shall cooperate fully with the City and PAHC to accomplish the sale of each BMR unit to a Designated BMR Buyer. The Developer, or its sales agent, shall provide to PAHC, (for distribution to interested BMR HADOCkBMR Policy & ProceduresL2003-01 Sales Process of New BMR Units,doe Page 3 of 6 ATTACHMENT C:BMR Program Policies and Procedures 2003:01 Date: May 6, 2003 Rev: Jan. 7, 2005 purchasers) all sales information and services normally provided to prospective purchasers including, but not limited to: Copies of sales brochures including unit plans with square footages, descriptions of standard and optional features & price lists for optional features; Information and documentation, as required by State law, regarding the condominium association, the association dues or fees, association by-laws and an estimate of real property taxes including any special assessments or bond costs; All warranties, guarantees and insurance as are provided for the market units in the Project; o Completion of"punch list" work and performance of repairs on the BMR units, as provided for the market units in the Project; Cooperation with PAHC in scheduling and holding an open house(s) specifically for interested BMR purchasers to view and inspect the BMR unit(s). 7) Representation: Neither the Developer, nor its sales organization or real estate agent, shall charge any commission or fees to the BMR buyers, or the City, in connection with the sales transaction for the BMR units. Typically, the BMR buyers are not represented by a real estate agent. However, if a buyer chooses to be represented by an agent or attorney, the buyer is responsible for the cost of those services. PAHC is not a licensed real estate agent or broker and does not receive any commission on the sales of BMR units. PAHC administers certain aspects of the BMR program on behalf of the City of Palo Alto and is compensated under an annual contract with the City for those services. PAHC staff shall be the primary contact for the Developer and Escrow Agent in the sales process for each BMR unit. 8) Seller’s Closing Costs: The Developer is responsible for the payment of the escrow and closing costs typically paid by the seller of residential real property in Palo Alto. 9) Timing: The BMR buyer selection and qualification process (from the mailing of information packets to the execution of a purchase contract) takes approximately 5 weeks. The time period from opening of escrow to closing of the purchase generally takes 45 to 90 days. H:~DOC\BMR Policy & ProceduresL2003-01 Sales Process of New BMR Units.doc Page 4 of 6 ATTACHMENT C:BMR Program Policies and Procedures 2003:01 Date: May 6, 2003 Rev: Jan. 7, 2005 Thus, the total time from initiation of the sales process by PAHC to close of escrow could extend from four to five months. Close cooperation between the Developer, the Developer’s sales agent and PAHC is necessary in order for the process to proceed smoothly. 10) Waiting List for BMR Ownership Units: PAHC maintains a waiting list of persons interested in purchasing BMR ownership units. The waiting list is used for the sales of both new and resale units. There are usually over 300 households on the list, which is updated annually. Past experience has shown a strong demand for BMR units from qualified waiting list buyers, especially for newly constructed BMR units. However, if a buyer cannot be found from the waiting list, PAHC advertises the unit directly to the public in order to find qualified buyers. For a project with a larger number of new BMR units becoming available at the same time, PAHC and the Developer may undertake a special advertising and marketing effort while the project is under construction to recruit a sufficient pool of qualified BMR buyers. 11) Sales Process: The following steps describe in more detail the general process involved in selecting and qualifying a buyer for each BMR unit. a) The Developer provides PAHC with a schedule for completion of construction of the Project and an estimated date for completion and availability of the BMR units. The Developer provides PAHC with contacts with its sales staff or real estate agent and with its escrow company. b) Often a preliminary meeting at the Project site is held prior to completion between PAHC, the City, the Developer, the general contractor and the sales / marketing agent to discuss process and timing, to tour the project and inspect the BMR units and other units. c) The Developer provides PAHC with all reports and documents required by law including, the condominium reports and documents, preliminary title report(s) on the BMR units, inspection reports and disclosure statements. Marketing brochures including floor plans of the BMR units with square footages, lists and description of standard and optional features with prices for optional features must also be provided. The amount of the monthly homeowners association dues for each BMR unit is also needed. d) PAHC preparesan information and application packet about each BMR unit and mails it to all households (this may go to a large number of households) on the waiting list that appear eligible for that size and price of unit. HADOC~BMR Policy & ProceduresL2003-01 Sales Process of New BMR Units.doc Page 5 of 6 ATTACHMENT C:BMR Program Policies and Procedures 2003:01 Date: May 6, 2003 Rev: Jan. 7, 2005 e) An open house exclusively for prospective BMR buyers is held and the Developer’s sales agent cooperates with PAHC to schedule the date and time for this open house. The Developer’s sales agent conducts the open house. For a very large project, or one completed in phases, more than one open house may be necessary. f) Interested buyers must comply with several deadlines including submitting a complete application, attending the open house, formally indicating an intention to buy, proving their qualifications for the program (verifying income, assets, household size, and Palo Alto preferences) and verifying that they have the downpayment funds and can obtain financing to buy the unit. The selected household (Designated BMR Buyer) for each BMR unit is the household with the highest position on the waiting list, who is qualified by income and household size limitations and other criteria and who completes the application process within the specified time deadlines. g) A number of local mortgage lenders are familiar with the BMR program and offer advantageous financing terms to our buyers. The Designated BMR Buyer usually finalizes their loan application and secures loan approval after being selected by PAHC, although many buyers will have already been pre-qualified for a loan. The typical BMR buyer needs a low down payment loan, but some buyers make substantial down payments. h) Once PAHC has qualified and designated a buyer, the Designated BMR Buyer and the Developer, or its Agent, meet to negotiate the purchase contract. The purchase price must not exceed the price specified in the BMR agreement with the City. The cost of any additional features or upgrades purchased by the BMR buyer must be paid for separately and is not included in the purchase price. The purchase contract terms should be typical for home purchases in the area such as standard times for obtaining approval of a mortgage and closing escrow, amount of the "good faith" deposit, inspection of the completed unit, division of closing costs, etc. PAHC staff reviews the purchase contract before and after signing to verify that the contract meets the above terms and guidelines. i) PAHC coordinates the closing process and the execution of the necessary documents, as described above, with the Escrow Agent. Often the BMR units are among the first completed sales in a Project. HADOC~BMR Policy & ProceduresL2003-01 Sales Process of New BMR Units.doc Page 6 of 6 ATTACHMENT D-1 Date: PLANNING DIVISION Memorandum June 15, 2006 To:Planning Division Staff & Housing Developers, and Others From:Catherine Siegel, Housing Coordinator, Planning Division Steve Emslie, Director of Planning & Community Environment Subject:Updated Prices for New BMR Units - Effective May 15, 2006 Palo Alto has updated its prices for newly constructed housing units for the Below Market Rate (BMR) home ownership program, as shown below. The attached tables explain the price calculations. The City updates the BMR prices annually. The new prices for 2006 are effective as of May 15, 2006 and apply to BMR units in projects receiving final planning entitlement approvals (i. e. the date of: the Director’s letter for ARB action, Council adoption of a PC zone ordinance or approval of Site & Design) on or after the effective date of the updated prices. Factors updated annually are: the Area Median Income (AMI) for Santa Clara County, as published by the State Department of Housing & Community Development, interest and mortgage insurance rates for loans typically used by BMR buyers and other home ownership costs (covered by allowances for repairs and maintenance, typical homeowner association dues, and fire insurance). The developer is required to sell new BMR units at the "BMR Unit Price" shown below. The required BMR price is the midpoint price affordable by assumed households in the target income range for that unit type. BMR units must also comply with the City’s "Standards for BMR Units". As described in the BMR Program H-36 of the Housing Element, as adopted in December 2002, there are two levels of pricing and affordability for BMR ownership units: Studio Units 1-bedroom units 2-bedroom units 3-bedroom units 4-bedroom units Lower Moderate Income 80% to 100% AMI Units $164,250 $195,600 $227,300 $258,600 $283,850 Higher Moderate Income 100% to 120% AMI Units $213,200 $251,650 $290,150 $328,600 $359,350 Attachments: 1) Price Calculations for Lower Moderate Income Units (80% to 100% of AMI) 2) Price Calculations for Higher Moderate Income Units (100% to 120% of AMI) HADOC~BMR ProgramkBMR Price Cover Memo Art & Exh for 2006 6-06.doc ATTACHMENT D-2 City of Palo Alto BMR Ownership Program Prices for New BMR Units for Households at 80% to 100% of Median Income Dated: May 15, 2006 Persons In Household 1 2 3 4 5 80% of County Area Median Income $59,100 $67,500 $76,000 $84,400 $91,200 100% of County Area Median Income $73,900 $84,400 $95,0OO $105,500 $113,900 Range of Affordable Prices at 80% to 100% of Median Income $139,700 $188,800 $167,600 $223,600 $195,800 $258,800 $223,600 $293,600 $246,200 $321,500 Assumed Household Size for Unit Type Unit Type 1 Studio 2 1 Bedroom 3 2 Bedrooms 4 3 Bedrooms 5 4 Bedrooms BMR Unit Price (Assumes 90% of Area Median Income & Midpoint Price Assumed Household Size ~r the Unit Type) $164,250 $195,600 $227,300 $258,600 $283,850 VARIABLES AND ASSUMPTIONS: Area Median Income: 4-person household (As of 4/06/06) Annualized Rates: Interest Rates (As of 5/15/06)6.70% Mortgage Insurance (As of 5/15/06)0.89% Property Taxes 1.25% Total Effective Interest Rate 8.84% Number of Monthly Payments:360 Loan-To-Value (5% downpayment):95% Allowance for: HOA Association Dues; Repairs & Maintenance $425 Costs, & Fire Insurance (Per Month) Loan Terms: Zero (0) Loan Points 30 Year, Fixed Rate, Fully Amortized Loan Assumes a maximum of 30% of Gross Income for All Housing Costs: (mortgage, private mortgage insurance property taxes, HOA dues, repairs & maintenance allowance, fire insurance) $105,500 H:\Sheet\BMR 5-2006 Att - Exh Prices at 80-100% of AMI ATTACHMENT D-3 City of Palo Alto BMR Ownership Program Prices for New BMR Units for Households at 100% to 120% of Median Income Dated: May 15, 2006 Persons In Household 1 2 3 4 5 100% of County Area Median Income $73,900 $84,400 $95,0oo $105,500 $113,900 120% of CountyArea Median Range of Affordable Prices at 100% to 120% of Median IncomeIncome $188,800 -$237,600 $223,600 -$279,700 $258,800 -$321,500 $293,600 -$363,600 $321,500 -$397,200 $88,600 $101,300 $113,900 $126,600 $136,700 Assumed Household Size for Unit Type Unit Type 1 Studio 2 1 Bedroom 3 2 Bedrooms 4 3 Bedrooms 5 4 Bedrooms BMR Unit Price (Assumes 110% of Area Median Income & Midpoint Price for Assumed Household Size for the Unit Type) $213,200 $251,650 $290,150 $328,600 $359,350 VARIABLES AND ASSUMPTIONS: Area Median Income: 4-person household (As of 4/06/06) Annualized Rates: Interest Rates (As of 5/15/06)6.70% Mortgage Insurance (As of 5115/06)0.89% Pro perty Taxes 1.25% Total Effective Interest Rate 8.84% Number of Monthly Payments:360 Loan-To-Value (5% downpayment):95% Allowance for: HOA Association Dues; Repairs & Maintenance $425 Costs, & Fire Insurance (Per Month) Loan Terms: Zero (0) Loan Points 30 Year, Fixed Rate, Fully Amortized Loan Assumes a maximum of 30% of Gross Income for All Housing Costs: (mortgage, private mortgage insurance, property taxes, HOA dues, repairs & maintenance allowance &fire insurance) $105,500 H:\Sheet\BM R 5-2006 Att- Exh Prices at 100-120% of AMI ATTACHMENT E City of Palo Alto Below Market Rate (BMR) Program Deed Restrictions (August 1993) SUBJECT TO: A.Right of First Refusal. Grantee hereby grants and gives to the City of Palo Alto ("City") a right to purchase the real property conveyed hereby and any improvements thereon (the "Premises") under conditions hereinafter set forth. City may designate a governmental or nonprofit organization to exercise its right of first refusal. City or its designee may assign this right to an individual private buyer who meets the City’s eligibility qualifications. After the exercise of said fight by City, its designee or assignee in the manner hereinafter prescribed, City, its designee or assignee may assign said right to purchase to any substitute individual private buyer who meets the City’s eligibility requirements and is approved by the City; provided, however, that such subsequent assignment shall not extend any time limits contained herein. Any attempt to transfer title or any interest therein in violation of these covenants shall be void. B.Procedure on Sale. Whenever the Owner ("Owner" refers to Grantee and all successors in interest) of said Premises no longer desires to own said Premises, owner shall notify City in writing to that effect. Such notice shall be personally delivered or deposited in the United States mail, postage prepaid, first class, certified, addressed to City Manager, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA 94301, with a copy to the Palo Alto Housing Corporation, 725 Alma Street, Palo Alto, CA 94301-2403. City, its designee or assignee shall then have the right to exercise its right to purchase said Premises by delivery of written notice, by personal delivery or certified mail, to the Owner thereof at any time within sixty (60) days from the receipt by City of such written notice from Owner of intent to sell or dispose of the Premises. If the City, its designee or assignee exercises its right to purchase said Premises, close of escrow of said purchase shall be within ninety (90) days of the opening of such escrow by either party. Said escrow shall be opened upon delivery to Owner of written notice of the exercise of the option or as soon thereafter as possible. In the event City decides to assign the right to purchase provided herein, City may postpone opening of escrow until selection of such assignee, or as soon thereafter as possible, provided that the opening of the escrow shall not be postponed longer that ninety (90) days after the Owner is notified of the City’s exercise of its right to purchase. Closing costs and title insurance shall be paid pursuant to the custom and practice in the City of Palo Alto at the time of the opening of such escrow. Seller shall bear the expense of providing a current written report of an inspection by a licensed Structural Pest Control Operator. All work recommended in said report to repair damage caused by infestation or infection of wood-destroying pests or organisms found and all work to correct conditions that caused such infestation or infection shall be done at the expense of the Seller. Any work to correct conditions usually deemed likely to lead to infestation or infection of wood-destroying pests or organisms, but where no evidence of infestation or infection is found with respect to such conditions, is not the responsibility of the Seller, and such work shall be done only if requested by the Buyer and then at the (Rev. 8/93)Page 1 of 7 Reg. ATTACHMENT E expense of the Buyer. The Buyer shall be responsible for payment of any prepayment fees imposed by any lender by reason of the sale of the premises. The purchase price shall be paid in cash at the close of escrow or as may be otherwise provided by mutual agreement of Buyer and Seller. The purchase price of the Premises shall be fixed at the lower amount arrived at via the following two methods: City or its designee shall have an appraisal made by an appraiser of its choice to establish the market value. The owner may also have an appraisal made by an appraiser of Owner’s choice to establish the market value. If agreement cannot be reached, the average of the two appraisals shall be termed the market price. Dollars ($) XXXXXXXXXXXX plus the amount of any prepayment fees paid by the selling Owner at the time said Owner purchased the Premises (base price), plus an amount, if any, to compensate for any increase in the cost of living as measured by one-third (1/3) of the Consumer Price Index, All Urban Consumers, for the San Francisco- Oakland-San Jose area published by the U.S. Department of Labor, Bureau of Labor Statistics (hereinafter "the Index"). For that purpose, the Index prevailing on the date of the purchase by the selling Owner of said Premises shall be compared with the latest Index available on the date of receipt by City of notice of intent to sell. The percentage increase in the Index, if any, shall be computed and the base price shall be increased by one-third (1/3) of that percentage; provided, however, that the price shall in no event be lower than the purchase price paid by the selling Owner when he purchased the Premises. This adjusted price shall be increased by the value of any substantial structural or permanent fixed improvements which cannot be removed without substantial damage to the Premises or substantial or total loss of value of said improvements and by the value of any appliances, fixtures, or equipment purchased to replace appliances, fixtures, or equipment which were originally acquired as part of the Premises by Owner; provided that such price adjustment for replacement appliances, fixtures, or equipment shall be allowed only when the expenditure is necessitated by the non-operative or other deteriorated condition of the original appliance, fixture, or equipment. If at the time of replacement the original appliance, fixture, or equipment had in excess of twenty percent (20%) of its original estimated useful life remaining, Owner shall document to the City’s satisfaction the condition of the appliance, fixture, or equipment which necessitated its replacement. No such price adjustment shall be made significantly in excess of the reasonable cost to replace the original appliance, fixture, or equipment with a new appliance, fixture, or equipment of comparable quality as hereinafter provided. No such adjustment shall be made except for improvements, appliances, fixtures, or equipment made or installed by the selling Owner. No improvements, appliance, fixture, or equipment shall be deemed substantial unless the actual initial cost thereof to the Owner exceeds one percent (1.0%) of the purchase price, paid by the Owner for the Premises; provided that this minimum limitation shall not apply in either of the following situations: (a)Where the expenditure was made pursuant to a mandatory assessment levied by the Homeowners’ association for the development in which the Premises is located, whether levied for improvements or maintenance to the Premises, the common area, or related purposes. (b) Where the expenditure was made for the replacement of appliances, fixtures, or equipment which were originally acquired as part of the Premises by Owner. (Rev. 8/93)Page 2 of 7 Reg. ATTACHMENT E No adjustment shall be made for the value of any improvements, appliances, fixtures, or equipment unless the Owner shall present to the City valid written documentation of the cost of said improvements. The value of such improvements by which the sale price shall be adjusted shall be determined as follows: (a)The value of any improvement, appliance, fixture, or equipment, the original cost of which was less than Five Thousand Dollars ($5,000), shall be the depreciated value of the improvement, appliance, fixture or equipment calculated in accordance with principles of straight-line depreciation applied to the original cost of the improvement, appliance, fixture or equipment based upon the estimated original useful life of the improvement, appliance, fixture or equipment. (b)The value of any improvement, appliance, fixture, or equipment, the original cost of which was Five Thousand Dollars ($5,000) or more, shall be the appraised market value of the improvement, appliance, fixture or equipment when considered as an addition or fixture to the premises (i.e., the amount by which said improvement, appliance, fixture or equipment enhances the market value of the premises) at the time of sale. Said value shall be determined in the same manner as the market value of the premises in method l above. (c)On January 1, 1982, and every two years thereafter, regardless of the date of execution or recordation hereof, the amount of Five Thousand Dollars ($5,000) referred to in paragraphs (a) and (b) immediately above shall be automatically adjusted for the purpose of those paragraphs in the following manner. On each adjustment date, the Consumer Price Index, All Urban Consumers, for the San Francisco-Oakland area published by the U.S. Department of Labor, Bureau of Labor Statistics ("Index") prevailing on January 1, 1980, shall be compared with the Index prevailing on the date of recordation of this deed. The percentage increase in the Index, if any, shall be computed and the sum of Five Thousand Dollars ($5,000) shall be increased in the same percentage. In no event shall the sum be reduced below Five Thousand Dollars ($5,000). (d)No price adjustment will be made except upon presentation to City of written documentation of all expenditures made by Owner for which an adjustment is requested. Any sale price determined through the use of this method number 2 (base price adjusted by Consumer Price Index and value of improvements, appliances, fixtures or equipment added) shall be adjusted by decreasing said price by an amount to compensate for deferred maintenance costs, which amount shall be determined as follows: Upon receipt of notice of Owner’s intent to sell, City or its designee shall be entitled to inspect the Premises. City or its designee shall have an opportunity to determine whether all plumbing, electrical, and heating systems are in working order; whether any violations of applicable building, plumbing, electric, fire, or housing codes exist; whether all appliances which were originally furnished to Owner as part of the Premises, or any replacements thereof, are in working order; whether walls, ceilings and floors are clear and free of holes or other defects (except for holes typical of picture hangers); whether doors, windows, screens and similar appurtenances are cracked, broken or tom; and whether carpets, drapes and similar features which were originally furnished to Owner as part of the premises, or any replacement thereof, are clean and free of holes, tears or other defects. In the event deficiencies are noted, the Real Property Administrator of City (Rev. 8/93)Page 3 of 7 Reg. ATTACHMENT E shall obtain estimates to cure the observed deficiencies. The Owner shall cure the deficiencies in a reasonable manner acceptable to City or designee within sixty (60) days of being notified of the results of the inspection, but in no event later than close of escrow. Should owner fail to cure such deficiencies prior to the scheduled date of close of escrow, at the option of City, its designee or assignee, escrow may be closed, title passed and money paid to the selling Owner subject to the condition that such funds as are necessary to pay for curing such deficiencies (based upon written estimates obtained by City) shall be withheld from the money due the selling Owner and held by the escrow holder for the purpose of curing such deficiencies. City, its designee or assignee shall cause such deficiencies to be cured and upon certification of completion of work by City, escrow holder shall utilize such funds to pay for said work. Any remaining funds shall be paid to the selling Owner. No other payment shall be due said Owner. In no event shall City become in any way liable to Owner or any potential or actual Buyer of the Premises in connection with any sale or other conveyance of the Premises. Nor shall City become obligated in any manner to Owner or any potential or actual Buyer by reason of the assignment of City’s right to purchase. Nor shall City be in any way obligated or liable to Owner or any potential or actual Buyer for any failure of City’s assignee to consummate a purchase of the Premises or to comply with the terms of any purchase and sale agreement. Until such time as the City’s right to purchase is exercised, waived, or expired, the Premises and any interest in title thereto shall not be sold, conveyed, leased, rented, assigned, encumbered or otherwise transferred to any person or entity except with the prior express written consent of City or its designee, which consent shall be consistent with City’s goal of creating, preserving, maintaining, and protecting housing in Palo Alto for persons of low and moderate income. Any encumbering of title of the Premisesin connection with securing any financing or loan may only be accomplished with City’s prior express written consent; however, in the event of foreclosure or transfer by deed in lieu of foreclosure, .the provisions of Section D of this instrument shall govern. The following transfers of title or any interest therein are not subject to the right of first refusal provisions of this deed: transfer by gift, devise, or inheritance to grantee’s spouse or issue; taking of title by surviving joint tenant; transfer of title to spouse as part of divorce or dissolution proceedings; acquisition of title or interest therein in conjunction with marriage; provided, however, that these covenants shall continue to run with the title to said Premises following said transfers. C.Termination of Right of First Refusal. The provisions set forth in this deed relating to City’s fight to purchase shall terminate and become void automatically fifty-nine (59) years following the date of recordation of this deed. Upon the expiration of said fifty-nine (59) year period, the Palo Alto Housing Corporation, a non-profit charitable organization or its successor organization, shall have the right to purchase the Premises, and if Owner no longer desires to own the premises, Owner shall notify the Palo Alto Housing Corporation in accordance with the procedures for notifying the City in Paragraph B above. If the Palo Alto Housing (Rev. 8/93)Page 4 of 7 Reg. ATTACHMENT E Corporation elects to exercise its right to purchase, it shall do so in accordance with the procedures and price set forth for the City in Paragraph B above. D. Default. Owner covenants to cause to be filed for record in the Office of the Recorder of the County of Santa Clara a request for a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with power of sale encumbering said Premises pursuant to Section 2924 (b) of the Civil Code of the Sate of California. Such request shall specify that any such notice shall be mailed to the City Manager, City of Palo Alto, 250 Hamikon Avenue, Palo Alto, CA 94301. Any notice of sale given pursuant to Civil Code Section 2924 (f) shall constitute a notice of intent to sell hereunder and City or its designee or assignee may exercise its preemptive right prior to any trustee’s sale, judicial foreclosure sale, or transfer by deed in lieu of foreclosure, provided, however, notwithstanding any language contained in this instrument to the contrary regarding the rights of the lien holder, the City, or its designee or assignee, must complete such purchase no later than the end of the period established by California Civil Code Section 2924 ( c ) for reinstatement of a monetary default under the deed of trust or mortgage. In the event of default and foreclosure, the City, or its designee or assignee, shall have the same right as the Owner to cure defaults and redeem the Premises prior to foreclosure sale. Such redemption shall be subject to the same fees, charges and penalties as would otherwise be assessed against the Owner. Nothing herein shall be construed to create any obligation on the part of the City to cure any such default, nor shall this right to cure and redeem operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage. The City, or its designee or assignee, shall be entitled to recover from Owner all costs incurred in curing any such default. In the event City elects not to exercise its right to purchase upon default, any surplus to which Owner may be entitled pursuant to Code of Civil Procedure Section 727 shall be paid as follows: That portion of surplus (after payment of encumbrances), if any, up to but not exceeding the net amount that Owner would have received after payment of encumbrances under the formula set forth above had City exercised its right to purchase the property on the date of the foreclosure sale, shall be paid to Owner on the date of the foreclosure sale; the balance of surplus, if any, shall be paid to the City for increasing the City’s low-income and moderate-income housing stock. E.Distribution of Insurance and Condemnation Proceeds. In the event that the Premises are destroyed and insurance proceeds are distributed to Owner instead of being used to rebuild, or in the event of condemnation, if proceeds thereof are distributed to Owner, or in the case of a condominium project, in the event of liquidation of the homeowners’ association and distribution of the assets of the association to the members thereof, including Owner, any surplus of proceeds so distributed remaining after payment of encumbrances of said Premises shall be distributed as follows: That portion of the surplus up to but not to exceed the net amount that Owner would have received under the formula set forth above had City exercised its right to purchase the property on the date of the destruction, condemnation valuation date, or liquidation, shall be distributed to Owner, and the balance of such surplus, if any, shall be distributed to the Palo Alto Housing Corporation or its successors or assigns. (Rev. 8/93)Page 5 of 7 Reg. ATTACHMENT E All notices required herein shall be sent to the following addresses: CITY:City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 PALO ALTO HOUSING CORPORATION: OWNER: 725 Alma Street, Palo Alto, CA 94301-2403 By acceptance of this deed, Grantee/Owner accepts and agrees to be bound by the covenants contained herein, and further acknowledges receipt of and agrees to be bound by the provisions of these deed restrictions. IN WITNESS WHEREOF, the undersigned Grantee has caused this instrument to be executed this day of ,20 Signature of Grantee Signature of Grantee Print Name Print Name Signature of Grantee Signature of Grantee Print Name Print Name (Rev. 8193)Page 6 of 7 Reg. ATTACHMENT E CERTIFICATE OF ACKNOWLEDGMENT (Civil Code Sec. 1189) STATE OF COUNTY OF ) ) On , before me, , a notary public in and for said County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his!her/their .signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted~ executed the instrument. WITNESS my hand and official seal. (Rev. 8/93)Page 7 of 7 Reg. Attachment F APPROVAL NO. 2006-0008 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 901 SAN ANTONIO ROAD= BUILD/BRIDGE PROJECT TENTATIVE MAP 06PLN-00050 (BRIDGE URBAN INFILL LAND DEVELOPMENT, APPLICANT) At its meeting on September 25, 2006, the City Council of the City of Palo Alto approved the Tentative Map to subdivide one parcel (approx. four acres) and create one multiple-family lot containing 103 multiple-family units and one multiple-family lot that would contain 56 apartment units, making the following findings, determlnation and declarations: SECTION i. Background. The City Council of the City of Palo Alto ("City Council") finds, determines, and declares as follows: A. Proposed by Bridge Urban Infill Land Development (BUILD), this project involves the subdivision of one parcel (approx. four acres) and the creation of one multiple-family lot of approximately 3.5 acres containing 103 multiple-family units and one 0.5 acre multiple-family lot that would contain 56 apartment units. The density of the 3.5 acre multiple-family lot would be approximately 29 dwelling units per acre, and 112 dwelling units per acre for the 0.5 acre lot containing apartment units. These densities would be allowed under the Planned Community zone district, which the applicant has requested for this site. Of the total units proposed, the fifty-six (56) apartment units would be dedicated as Below Market Rate (BMR) units for senior citizens. Thirteen (13) separate floor plans are proposed within four (2) types of residential buildings. The senior apartment building site would contain three floor plan types in a four story building. The for-sale townhome site would contain ten (i0) floor plan types in two and three story buildings above an at-grade parking garage. The unit slzes in the apartment building would range from 475 to 910 square feet within studios, one bedrooms, and a two bedroom plan. The unit sizes on the townhome parcel would range from 784 to 1,994 square feet within one to four bedroom configurations. The parking garage would contain approximately 303 parking spaces for the residents of the apartment building and the townhome units. B. The Tentative map plan set includes information on the existing parcel and onsite conditions. These drawings are in compliance with the applicable provisions of the City’s Subdivision Ordinance. These plans contain all information and notations required to be shown on a Tentative Map (per PAMC Sections 21.12), as well as conform to the design requirements concerning the creation of lots, walkways, and similar features (PAMC 21.20). The plans conform to the Development Plan submitted for the Planned Community zone change request (06PLN-00031). Because the request is to create more than four parcels and condominium units, this request cannot be processed administratively through the Director and requires review by the Commisslon and City Council approval (PAMC 21.08.010). C. The Tentative map indicates the location and extent of proposed dedications associated with the development of the project, including public utility, public storm drain, and ingress/egress easements. D0 These dedications would be reviewed and recorded during the Final map process. The Final map would describe the terms and conditlons of the dedications, including how the dedications may be used and maintained and the identification of the parties responsible for payment of costs, fees and maintenance issues. E. The Tentative map is associated with the application for a Planned Community zone change request, which also includes a Comprehensive Plan Land Use Map Amendment from Light Industrial to Mixed Use. The Tentative map application has been reviewed by staff and City departments for compliance with zoning, subdivision, and other codes and ordinances and received Planning and Transportation Commission (Commission) review on July 26, 2006, 2006. The Commission recommended approval on a 6-0-0-1 vote. SECTION 2. Environmental Review. A Final Environmental Impacz Report (FEIR) and Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the 901 San Antonio Road site encompassing both the BUILD and Taube-Koret Campus for Jewish Life (TKCJL) projects. The FEIR includes the Draft Environmental Impact Report (DEIR), which was completed and distributed for a 45-day public review period from February 17, 2006 through April 3, 2006. The Planning and Transportation Commission conducted a public hearing on March 29, 2006, to accept comments from the public and from Commissioners. The FEIR was prepared following the public review period. FEIR includes the Responses to Comments and, where appropriate, revisions to the DEIR language to reflect the response. Responses to several substantive comments relative to transportation, hazards and hazardous materials, visual resources and aesthetics, public facilities, and related revisions in the FEIR are discussed in the California Environmental Quality Act (CEQA) Resolution No. that accompanies this Tentative Map resolution. Staff has determined that the Tentative Map application is consistent with the FEIR. The FEIR was certified by the City Council at the public hearing on September ii, 2006. SECTION 3.Tentative Map Findings. A legislative body of a city shall deny approval of a Tentative Map, if it makes any of the following findings (California Government Code Section 66474): i. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site does not lie within a specific plan area and would be consistent with the Comprehensive Plan, as amended concurrent with project approval. 2. That the design or improvemen t of the proposed subdivision is not consistent with applicable general and specific plans : The map is consistent with major Comprehensive Plan policies related to the change in land use, Policy L-I: Continue current City policy limiting future urban development to currently developed lands within the urban service area. The existing parcels are located within-the urban growth boundary and .the lot merger is consistent with this policy by continuing the reuse of land within this area and Policy L-7: Evaluate changes in land use in the context of regional needs, overall city welfare and objectives, as well as the desires of the surrounding neighborhoods. The map is consistent with the Housing Element policies (Goal H-I, Policles H-2 and H-4, Goal H-2, Policy H-9, and Goal H-3, below market rate units). 3. That the site is not physically suitable for the type of development : The subdivision and related project would result in a change of land use from commercial office to multiple-family residential, and would do so in a way that would be consistent with the PC Development Plan and FEIR. The project site, at approximately four acres with street frontage on Fabian Way and San Antonio Road could support the Project and improvements. The Tentative Map, as conditioned, is suitable for the development of the project site. 4. That the site is not physically suitable for the proposed density of development: The purpose for the Tentative Map is to subdivide the existing parcel and create one multiple-family lot containing 103 multiple-family units and one multiple-family lot that would contain 56 apartment units. In doing so, the site would .be consistent with the PC Development Plan approved for the site. 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 habi ta t : The subdivision of the parcel and creation of rental housing lot and condominium units will not cause environmental damage or injure fish, wildlife, or their habitat, as no habitat for endangered, rare, threatened, or other sensitive species is present on site. 6. Tha t the design of the subdi vi si on or type of improvements is likely to cause serious public health problems: The Tentative Map will not cause serious public health problems, as the environmental concerns have been reviewed in the Environmental Impact Report that was certified for the project, and mitigation measures and conditions of approval have been approved to reduce impacts to a less than significant level. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The design the parcel merger will not conflict with easements on or off the site, as all easements will be maintained and any adjustments or new easements shall only be allowed or established by the conditions of approval. SECTION 4.Tentative Map Approval Granted. Tentative Map approval is granted by the City Council under Palo Alto Municipal Code (~PAMC") Sections 21.13 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 6 of this Record. SECTION 5.Final Map Approval. The Final Map submitted for review and approval by the City Council of the City of Palo Alto shall be in substantial conformance with the Tentative Map prepared by Kier & Wright Civil Engineers and Surveyors, Inc. titled "Tentative Map", consisting of one page, dated and received June 22, 2006, except as modified to incorporate the conditions of approval in Section 6. A copy of this Tentative Map is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Tentative Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.010[a]). SECTION 6.Conditions of Approval. Department of Planning and Community Environment Planning Division i. A Final Map, in conformance with the approved Tentative Map, 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 years of the Tentative Map approval date (PAMC 21.13.020[c]). 2. A prelimlnary copy of restrictive covenants (CC&Rs) shall be submitted for review at the time of Final Map submittal. 3. The applicant shall adhere to the requirements of the Below Market Rate (BMR) Letter Agreement, dated September i, 2006. In addition, a formal BMR Agreement, including the identification of the locations of the BMR units and provisions for their sale, shall be prepared in a form satisfactory to the City Attorney, executed by BUILD and the City, and recorded against the property prior to or concurrent with the recording of the Subdivision Improvement Agreement during the Final Map process. Prior to Submittal of Final Map Planning Division 4. The Final Map shall be crosschecked for compliance with the ARB and the Tentative Map approved plans and conditions. Department of Utilities 5 5. In consultation with the Departments of Utilities and Planning and Community Environment, Public Utility Easements for installation and maintenance of water meters, gas lines, gas meters, and pad-mounted transformers with associated substructures shall be designated on the Final Map. Department of Public Works Engineering Division 6. Other easements and/or modifications may be necessary and shall be reflected on the Final Map, as designated by the Public Works Department. 7. The applicant shall arrange a meeting with Public Works Engineering, Utilities Engineerlng, Planning, Fire, and Transportation Departments after approval of the Tentative Map and prior to submitting the improvement plans. This meeting shall determine the scope of all work required and related to offsite improvements. The improvement plans must be completed and approved by the City prior to submittal of the Final Map. Prior to Approval of Final Map 8. Prior to Final Map approval, the applicant shall enter into a Subdivision Improvement Agreement. This agreement is required to secure compliance with the conditions ~of ARB and Tentative Map approvals and the security of on and offsite. improvements. Improvement plans shall be submitted in relation to this agreement. No grading or building permits shall be issued until the Final Map is recorded with the County of Santa Clara, Office of the County Clerk-Recorder. Designation on Improvement Plans 9. All sidewalks, curbs, and gutters bordering the site shall be removed and replaced in compliance with Public Works standards. Additional public street improvements shall be made, as determined by Public Works Engineering. I0. Any unused driveways shall be removed and replaced with curb and gutter. ii Clear visibility at street corners shall be maintained for an adequate distance, at a minimum height of 2.5 feet above grade, per City standards. Prior to Recordation of Final Map 12. The subdivider shall post a bond prior to the recording of the Final Map to guarantee the completion of the on and offsite condition(s) of approval. The amount of the bond shall be determined by the Planning, Utilities, and Public Works Departments. SECTION 7.Term of Approval. Tentative Map. All conditions of approval of the Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Tentative Map approval, or such extension as may be granted, the Tentative Map shall expire and all proceedings shall terminate. Thereafter, no Final Map shall be filed without first processing a Tentative Map (PAMC Section 21.16.010[d]). PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: APPROVED: Director of Planning and Community Envlronment Senior Deputy City Attorney PLANS AND DRAWINGS REFERENCED: Those plans prepared by Kier & Wright Civil Engineers and Surveyors, Inc titled "Tentative Map, consisting of one page, dated and received June 22, 2006.