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HomeMy WebLinkAboutStaff Report 381-06City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:SEPTEMBER 25, 2006 CMR: 381:06 SUBJECT:901 SAN ANTONIO ROAD [05PLN-00295~ 06PLN-00114|: REQUEST BY STEINBERG ARCHITECTS ON BEHALF OF THE TAUBE-KORET CAMPUS OF JEWISH LIFE (TKCJL) 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 AN 134,000 SQUARE FOOT COMMUNITY CENTER, INCLUDING A CULTURAL HALL, COMMUNITY MEETING ROOMS, ADULT ACTIVITY SPACE, PRESCHOOL, AFTER SCHOOL CARE FACILITIES, FITNESS CENTER, ADMINISTRATION AND SUPPORT AREAS XND 193 SENIOR RESIDENTIAL LIVING UNITS 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 SUBDIVIDETHE PARCEL AND CREATE SENIOR HOUSING CONDOMINIUM UNITS; 4.)A VARIANCE TO EXCEED THE 50-FOOT HEIGHT LIMIT; 5.)A DESIGN ENHANCEMENT EXCEPTION (DEE)TO ALLOW A SCULPTURAL TOWER ELEMENT TO EXTEND TO APPROXIMATELY 96 FEET ABOVE GRADE;6.)A LETTER AGREEMENT FOR THEPROPOSED BELOW MARKETRATE (BMR) HOUSING PROGRAM,AND 7.) CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT. ENVIRONMENTAL ASSESSMENT: A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE BRIDGE URBAN INFILL LAND DEVELOPMENT AND TKCJL PROJECTS HAS BEEN PREPARED. ZONE DISTRICT: GM. CMR: 381:06 Page 1 of 4 RECOMMENDATION Staff recommends that the City adopt an ordinance on first reading to establish a Planned Community (PC) district for the TKCJL project at 901 San Antonio Road and affirm the following actions that were made by the City Council at the September 11, 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 (Attachment B); Grant a Zone Change from the existing General Manufacturing (GM) district to a Planned Community (PC) district and a Comprehensive Plan Land Use Map Amendment from Light Industrial to Mixed Use (Attachment C); 3:Grant a variance from the Palo Alto Municipal Code, Section 18.68.110(c) to allow portions of the proposed building to extend above 50 feet, based upon the findings as listed in the draft ordinance in Attachment C, Section 4; Adopt an Architectural Review resolution, including findings for the Design Enhancement Exception for the height of the sculptural tower, including the project conditions of approval (Attachment D); o Approve the Below Market Rate (BMR) Housing plan, including a total of 24 assisted living and congregate care units with associated housing services provided by the Jewish Senior Residence available to low income seniors (Attachment E) and, 6.Approve the Tentative Map that would create one mixed-use lot containing 193 senior congregate care and assisted living condominium units (Attachment F). BACKGROUND The City Council held a public heating on the TKCJL 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 heating 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 review and approve the attached Below Market Rate (BMR) housing agreement, and affirm the actions made on September 11, 2006. The TKCJL Planned Community project was heard in conjunction with the BRIDGE Urban Infill Land Development (BUILD) Planned Community project. The Council requested clarifying language to the TKCJL project ordinance and resolution. The changes to these documents include the following: CMR: 381:06 Page 2 of 4 Transportation Demand Management (TDM) Program The PC ordinance contains a new section (Section 9) that summarizes the requirements of the TDM program. This new section of the ordinance will allow the City to have additional enforcement and regulator control of the TDM program. The Mitigation Monitoring and Reporting Plan (Attachment B) has been corrected to increase the trip reduction goal from 15% tO 20%. Charleston-Arastradero Corridor Improvement Plan Fees for BicTcle and Pedestrian Safety Improvements Condition #24 of the Architectural Review resolution (Attachment D) has been modified to include the following language: "If the Charleston-Arastradero Improvement Plan is not fully implemented, the remaining funds shall be used by the City for bicycle and pedestrian improvements in the project vicinity." Variance for Height Section 2, subsection (c) of the PC ordinance has been modified to include the following specific limitations in the body of the ordinance with regard to height: "In no case shall the height of any building, measured to the top of the parapet wall, exceed 59’8" and no rooftop equipment shall exceed a height of 75’ above grade." Special Event Parking- Planning Director Authority Condition #21 of the Architectural Review resolution (Attachment D) has been modified to include the following language, "The Director of Planning and Community Environment may require additional measures to assure adequate parking and traffic control if deemed necessary." This language would provide staff with additional control over the special event parking plan and off-site parking operations. BMR Program and Other BMR Contributions Staff presented the City Council with an overview of the BMR program concepts at the September 11 meeting. However, the final agreement itself had not been completed prior to the meeting, Staff indicated that the final BMR agreement would be presented to Council at the September 25, 2006 meeting. The BMR program agreement is contained in Attachment E. The agreement includes provisions for 24 Below Market Rate congregate care and assisted living housing and the associated residential living services within the 193 unit Jewish Senior Residence component of the project. All 24 BMR units will be one bedroom, one bath units ranging in size from about 730 to 870 square feet. In consideration of the applicants’ agreement to offer the full range of services to BMR residents at reduced monthly fees, staff recommends accepting a reduced number of BMR units (39 units would normally be required)and has not required the BMR units to reflect the range of unit types and sizes in the Project, as is normally required. These 24 units would be made available at entry fee levels that comply with the income and affordability standards prescribed by the BMR Program for 59 years. Twelve units would be made available to residents earning 100% of the Area Median Income (AMI) and twelve units would be made available to residents earning between 101% and 120% of AMI. The BMR CMR: 381:06 Page 3 of 4 program would include continuing support for the residents of the BMR units by subsidizing all monthly costs associated with room, care, food and extensive support services at income and affordability standards prescribed by the BMR Program. In addition to the BMR plan, the applicant has committed a $5,000,000 endowment restricted exclusively for the support of residents who cannot afford either the initiation costs or the continuing monthly costs at the JSR. Twelve assisted living units will receive continuing support by subsidizing all monthly costs associated with room, care, food and extensive support services for 59 years without use of any proceeds of the $5,000,000 endowment for 15 years. For years subsequent to year 15 the funds necessary for the monthly subsidy shall be through the use of and to the extent possible of proceeds of the $5,000,000 endowment which will be reserved to subsidize the BMR units. At any time during the 59 years, JSR may substitute on a one for one basis, congregate care units for any of the 12 assisted living units. Twelve congregate care units will receive continuing support by subsidizing all monthly costs associated with room, care, food and extensive support services at income and affordability standards prescribed by the BMR Program for 59 years without use of any proceeds of the $5,000,000 endowment. A formal agreement must be executed prior to approval of the Final Map by the City Council. The PC ordinance has been revised to reflect the BMR agreement. PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: ~TEVEN TURNER ~ S~EV~E EMSLIE E M 1L- nAm 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 - to be provided to the City Council at the Sept. 25 meeting F.Record of Land Use Action: Tentative Map Approval COURTESY COPIES Interested Parties List CMR: 381:06 Page 4 of 4 ATTACHMENT A Attachment 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 TKCJL 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") is owned by BRIDGE and is proposed for development of 226 residential units of which 66 will be below 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 180 senior assisted living and congregate care units ("TKCJL Project"). The BUILD Project and the TKCJL Project are sometimes collectively referred to herein 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 Environmental 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 in connection with the approval of a Project for which an EIR has 060622 syn 0120166 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 andhas considered the information contained therein, includingthe written and oral comments received at public hearings onthe 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 FEIR0 SECTION 2. Mitigation Monitoring and Reporting Program. The City Council hereby approves the Mitigation Monitoring and Reporting Program ("FIMRP") prepared for the BUILD Site and the MMRP prepared for the TKCJL Site, both of which the Commission reviewed and which are on file with the City Clerk, and attached hereto as Exhibit B. The FIMRP 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 060622 syn 0120166 2 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: St. Deputy City Attorney Mayor City Manager Director of Planning and Community Environment 060622 syn 0120166 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: Transpornation Demand Management. The TKCJL Project shall implement a Transportation Demand Management ("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 060622 syn 0120166 NOT YET APPROVED []on-site transportation coordinators []on-site supporting amenities 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 B.2: 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: Off-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 two 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 060623 syn 0120166 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 landscaping and shall be submitted for revlew and approval by the Public Works Department and the Transportation Divislon 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 review 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 ~s 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 060623 syn 0120166 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 transport attendees to the event. Other measures to minimize parking impacts to nearby neighborhoods may include uslng 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.1-1: 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, 060623 syn 0120166 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 no acoustically rated windows and doors, acoustical caulking at all exterior wall penetrations and noise control treatments for all air transmission paths associated with mechanical ventilation systems.Forced-air 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-I: Exterior noise levels. Final building plans shall demonstrate how building massing and a six foon sound wall adjacent to the proposed preschool areas will be used to shield outdoor activity and gathering areas from traffic nolse an the Project’s perimeter to the satisfaction of the Building Official and the Director of Planning and Community Environment. Mitigation Measure C.2-2: Interior 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 no 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 transmission paths associated with mechanical ventilation systems.Incorporate forced-air mechanical ventilation, or air-conditioning, as necessary to provide habitable interior environments with the windows closed, satisfactory to the City Building Official. 060623 syn 0120166 NOT YET APPROVED Impact C.3: The proposed Project could expose sensitive receptors to substantial temporary increases in noise 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 Nolse 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.4-1: Demolition Vibration 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 to future residents and construction noise and vibration impacts to a less than significant level. 060623 syn 0120166 6 NOT YET APPROVED C. Air Quality Impacts. Impact D.I: Construction activities related to the proposed Project, particularly generation of construction dust, could result in significant short-term 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 significant level. The following dust control measures shall be implementation by Project contractors during demolition and shall be reflected as notes on the Pro3ect 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 prlor 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 maintain 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 060623 syn 0120166 NOT YET APPROVED ¯Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.) ¯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 Comprehensive 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 wh~re 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 sizes 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 060623 syn 0120166 8 NOT YET APPROVED spaces Ventilation. All future residences shall be 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 Reviews. Construction plans shall be reviewed by a California registered professional engineer for conformance to the requirements of this RMP prmor 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 hazardl residents and other users 060623 syn 0120166 9 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 in or adjacent to industrial zones. FINDING: Implementation of the above mitigation measures is feasible and the 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: Redevelopmenz 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 Projeczs 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 plpes, a rock sump in landscaping, or similar measures that provide adequate storage to detain, at a minimum, additional runoff during a 10-year szorm event. The final design of these measures shall be 060623 syn 0120166 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 earthmoving, could result 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 drainage 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 feetof 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. 060623 syn 0120166 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 review 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, equlpment, 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 and landscaping that receives stormwater runoff, litter control)at the site to prevent soil and litter from accumulating on the Project site and contaminating surface runoff. An annual post-construction maintenance agreement shall be prepared and submitted to the Public Works Department prlor to issuance of grading or building 060623 syn 0120166 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 060623 syn 0120166 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. Demolition 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 slnce 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 nurserles 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: Develo excavation and grading, archaeological resources. ]ment of the Project site, including could result in the disturbance of 060623 syn 0120166 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 allow for the careful examination of vertical and horizontal soil relationships for the purpose of defining positive archaeological finds (prehistoric and/or historic).Afser written approval, the Planning and Community Environment 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 examine the find and document its provenance and nature. If the find is deemed significant 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 excavation along with archaeological monitoring of all Pro3ect related earthmoving activitles inside 060623 syn 0120166 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.1-2: Notification of Archaeological Finds. In the event any slgnificant 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 mitigation measures is feasible and would reduce potential impacts to cultural resources to a less than significant level. 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: 060623 syn 0120166 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 air qualizy, noise and water quality impacts associated with construction. Scenarlo 2 would avoid noise 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, Scenario 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 condominiums 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 060623 syn 0120166 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 slgnificant 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. 060623 syn 0120166 18 NOT YET APPROVED As with the proposed Project, all of these impacts could be reduced to a less than slgnificant level with mitigation measures similar 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 slgnificant impacts to those of the proposed Project. Furthermore, it does not support all of the Project’s goals and objectives. Specifically, it 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. 060623 syn 0120166 19 Exhibit B ~ 0 o ° o ~ ~ o ~ d’o~ b~ 0~ ~o ~ 0 0 @ I l 00 o 0 !~o L~>- 0 0 ~ c~o c~ o g ¯ 0 I I o ~Emo ~ o~. o q~ , I 0o 00 0 00 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:TAUBE-KORET CAMPUS FOR JEWISH LIFE PROJECT FROM GM TO PC PLANNED COMMUNITY,A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE LAND USE MAP FROM LIGHT INDUSTRIAL TO MIXED USE, A VARIANCE FROM A HEIGHT REQUIREMENT, AND A BELOW MARKET RATE HOUSING PLAN The Council of the City of Palo Alto does ORDAIN as follows: SECTION i. Application and Hearings. (a) Application has been made to the City for approval of the demolitlon of an existing commercial parking lot at 901 San Antonio Road, and the construction on an approximately eight and one-half acre site bounded by San Antonio Road, Fabian Way, and Charleston Road of a ±432,200 square foot mixed-use building including 193 condominium style congregate care and assisted living senior dwelling units, ±134,100 square feet of communizy cenzer space, and an at-grade parking garage (the "Project"). (b) The Architectural Review Board at its meeting of May 18, 2006 considered the Project and recommended its approval, subject to certain conditions. (c) The Planning Commission, after duly noEiced public hearings held 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.Variance. The Project requires a variance from the height requirements of Section 18.68.150 of the Palo Alto Municipal Code, which sets the maximum height of building within the PC district at 50-feet above grade. The extent of the variance request is 060920 syn 0120168 NOT YET APPROVED contained in Exhibit "B", attached hereto and incorporated herein by reference. (a) The Planning Commission, after duly noticed public hearings held June 28, 2006 and July 26, 2006 recommended that the variance be granted. (b) The Council property, that: finds,with respect to the subject (i) Because of special circumstances applicable to the subject property, including (but not limited to) size, shape, topography, location, or surroundings, the strict application of the requirements and regulations prescribed in this title substantially deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district as the subject property. Special circumstances that are expressly excluded from consideration are: (A) The personal circumstances of the property owner, and (B) Any changes in the size or shape of the subject property made by the property owner or his predecessors in interest while the property was subject to the same zoning designation. The TKCJL pro3ect would be located on a site in a flood zone designated as Zone "AE" of the 100-year tidal flood plan which, mn the case of a 100-year storm, could flood up to 8 feet above sea level in the event of over-tapping or failure of Bayfront levees. The City of Palo Alto and FEMA require that the first floor of occupied area shall be at least 8 feet above sea level. The site currently ranges as low as 3 feet above sea level to a maximum of 5.5 feet above sea level. Furthermore, the project site is subject to a Regional Water Quality Control Board (RWQCB) cleanup order. This order requires that any change in use from the current surface parking lot and office building to a more environmentally "sensitive" use requires approval and implementation of a Risk Management Plan ("RMP") approved by the RWQCB. Senior housing, classrooms, adult education and recreation areas are all considered sensitive uses. Among the requirements of the RMP are: (±) the entire site must be protected with an elaborate membrane to serve as a vapor barrier; (ii) no occupied building can be placed on a slab that is in direct contact with soil; (iii) areas under an occupied building must be mechanically ventilated; and (iv) there can be no excavation or lowering of the site for construction of parking. These requirements necessitate the construction of a parking facility that is above grade. In order to reduce the visual impact that a multi-story parking facility would bring to the site, the applicant has proposed a single-level parking facility with the residential and community center uses on top of the parking podium. The pro3ect, when developed with the garage and four storles of buildings, would exceed 50 feet in height. 060920 syn O120168 2 NOT YET APPROVED (ii) The granting of the application shall not affect substantial compliance with the regulations or constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district as the subject property. The project site contains unique conditions as described in Section 2, (b) (i) that require specific construction methods a~d techniques be used that would result in the residential and community center uses to be located adjacent to grade. (iii) The granting of the application is consistent with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning), in that the project would comply with all other provislons of the PC district as described in PAMC 18.86 and with the applicable policies and programs of the Comprehensive Plan as described in Resolution No , Section 2 (Architectural Review). (iv) The granting of the application will not be detrimental or injmrious to property or improvements in the vicinity, will not be detrimental to the public health, safety, general welfare, or convenience. The TKCJL project is a large parcel adjacent to Highway i01 and San Antonio Road with minimal impacts on developments to the east. The BUILD project ad3acent to the north would be a PC Zone, and has been designed specifically to be compatible with the TKCJL project. The TKCJL buildings create a transition to commercial buildings on Fabian Way and Charleston Road. There are no residential buildings adjacent to or across the street from the TKCJL pro3ect. The slngle-family neighborhoods to the west are separated from the project by arterial streets and would be located approximately 225 to 300 feet from the closest residential buildings, (c) A variance from the height and daylight plane requirements of Section 18.68.150 of the Palo Alto Municipal Code is hereby granted. The extent of the deviation from these height and daylight plane requirements shall be that shown on the final development plans reviewed and approved pursuant to Section 6 below. In no case shall the height of any building, measured to the top of the parapet wall, exceed 59’8" and no rooftop equipment shall exceed a height of 75’ above grade. SECTION 3.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 certain property known as 901 San Antonio Road (the "subject property") from "GM General Manufacturing" to "PC Planned Community No." The subjecz properzy, consisting of approximately 8.5 acres,is shown on the map labeled Exhibit "A,"attached hereto and incorporated herein by reference. 060920 syn 0120168 3 NOT YET APPROVED SECTION 4.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- TKCJL 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 5.Findings for Approval of Planned Community District. 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 zoning 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) Conversion of commercially planned and zoned land for residential uses containing diverse housing types. 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 mixed use project containing 193 total units consisting of assisted living and congregate care units. Congregate care units would provide services and assistance for more independent seniors who wish to live in a supportive and structured environment. Assisted living units are for seniors living less independently who require more personal and individualized services. (ii) Community Center Uses Shared with the City of Palo Alto and the BUILD/BRIDGE Project. TKCJL will enter into an agreement with the City of Palo Alto Department of Community Services for shared use of the Jewish Community Center (JCC) facilities. These facilities include the gymnasium, dance/aerobic rooms, storage, classrooms with sinks, a playing field, large meeting rooms, a large cultural hall and performance center and the teen center, among other components of the facility. In conjunction with the City, the JCC and the City will develop a schedule of jointly-sponsored programs, as well as programs and portions of the facility made available for programs sponsored only by the City. The specific provisions of the agreement, including hours of operation and payment of Incidental fees, would be initially reviewed and approved by the Director of Community Services with follow-up reviews on an annual basis. TKCJL would 4 060920 syn 0120168 NOT YET APPROVED also provide reduced cost memberships for the JCC for residents of the adjacent BUILD!BRIDGE project. (iii)Project design goals. The project would include construction of residential and community center 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 administrative office space for community serving organizations units along the shared driveway with the BUILD project and the stairways and walkways along the Charleston Roadside leading to the podium level and cultural hall of the project. The residential and community center areas are oriented into the central landscaped courtyard of the site. The buildings are well designed and have 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 adjoinlng sites or within the general vicinity in that the Project would be consistent with the following 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 size and scale. The existing industrial office building on the site, at approximately 90 feet in height, is visually prominent. The proposed BUILD project would remove this building and allow buildings up to 70 feet in height (as granted in conjunction with the variance described in Section 2) 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 community center 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 5 060920 syn 0120168 NOT YET APPROVED housing types and community center uses in an under utilized area of the City in the form of 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-II: Promote increased compatibility, interdependence and support between commercial and mixed-use centers and the surrounding residential neighborhoods. The project 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 TKCJL site would be developed with assisted living and congregate care units. The project would be consistent with this policy as a result of the varied housing types and increased densi5y 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 TKCJL project would include residential and community center buildings of varying slze and architectural features that would support the uses contained within the buildings. Those portions of the pro3ect adjacent to the site edges, although exceeding the maximum height that would normally be allowed in the PC district, would be compatible with the immediate neighborhood of smaller scale commercial buildings and uses, in that these components of the project have been evaluated by the Architectural Review Board and 060920 syn 0120168 NOT YET APPROVED 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 projects 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 Jos4~ 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 TKCJL project would.contribute 24 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 TKCJL project includes residences for seniors in the form of assisted living and congregate care in a licensed residential facility. (ix) Program H-3: Encourage the conversion of non- residential lands to residential use to both increase the supply of houslng, 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. 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 use, density, and affordable units proposed by the BUILD project 7 060920 syn O120168 NOT YET APPROVED 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 senlors and the TKCJL 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 incorporated into the projects to further reduce trip generation. SECTION 6.Development Plan Those certain plans entitled Taube-Koret Campus for Jewish Life, Palo Alto, California prepared by Steinberg Architects dated June 21, 2006, a copy of which is on file in the Planning Division office, and to which copy reference is hereby made, are hereby 060920 syn 0120168 8 NOT YET APPROVED approved as the Development Plan for the sub3ect property, pursuant to Palo Alto Municipal Code Section 18.68.120. SECTION 7.Uses. (a) Permitted Uses. to the following: The permitted uses shall be limited (i) Continuing Care Retirement Community: In those areas designated on the Development Plan as the Jewish Senior Residence ("JSR"), 193 units will be licensed by the State of California Department of Social Services as a ~Continuing Care Retirement Community". The uses within the JSR include senior independent living (congregate care), assisted living, including memory care units, but not including skilled nursing care. Ancillary uses to the 193 residences will be food service, limited retail and personal services, meeting rooms, classrooms, administrative offices, medical and professional offices ancillary to a senior residence, recreation and gathering spaces and parking ancillary to the residential uses. (ii) Community Center Use: In the area designated on the Development Plan as part of the Jewish Community Center ¢"JCC), including day care for pre-school and school age children, private education, teen center, retail and personal services, eating and drinking services, class rooms and other adult meeting rooms, adult cultural activities, administrative offices, limited medical and professional services ancillary to community center activities, dance, music, photography and art studios, commercial recreation including pools, playing field, gymnasium and other fitness rooms, locker rooms and spas, a community cultural hall for major events, including seated meal services, religious services, and parking ancillary to the community center uses. (iii) Parking Garage: The following parking ratio shall be required: For the Continuing Care Retirement Community, 0.41 spaces per congregate care unit and 0.50 spaces per assisted living unit. For the Community Center, 3.83 spaces per 1,000 square feet and 3.16 spaces per 1,000 square feet for the preschool uses. SECTION 8.Outdoor Events with Amplified Sound Limitations. All outdoor events with amplified sound shall cease operations no later than i0:00 P.M., seven days per week. Noise levels shall not exceed limits prescribed by the City of Palo Alto’s Noise Ordinance. These h~-s may be further restricted by the Director of Planninc and Community Environment or referred, to the Planning & Transportation Commission and City Council for review. 060920 syn 0120168 NOT YET APPROVED SECTION 9.Transportation Demand Program. Management The TKCJL project shall implement a Transportation Demand Management (TDM) Plan for employees designed to achieve a 20 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, on-site transportation coordinators, on-site supporting amenities 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. SECTION i0.Site Development Regulations. (a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Developmenz Plan, and subject to the conditions of approval and mitigation measures adopted by City Council Resolutions No. and (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 el£gible, approval under Chapter 18.76 of the Palo Alto Municipal Code, as it ms amended from time to time. (b) Tree Protection. The Development Plan requires the planting and prozection of specified new trees within the developmenz. These trees shall not be removed or destroyed without the prior approval of the City of Palo Alto in accordance with applicable procedures. (c) Parking and Loading Requirements. Two spaces per zownhome residential unit and 0.41 spaces per congregate care unit and 0.50 spaces per assisted living unit shall be reserved for the use of the residential portions of the project; 3.83 spaces per 1,000 square feet for the Community Center and Commercial recreation uses; 3.16 spaces per 1,000 square feet for the Private Educational Facility Use. The plans indicate a loading facility accessible from San Antonio Road. A total number of 151 Class I and Class III bicycle parking spaces shall be included in the pro3ect. (d) Below Market Rate (BMR) Housing Requirement. 060920 syn 0120168 10 NOT YET APPROVED The Project shall provide 24 Below Market Rate congregate care and assisted living housing units and the associated residential living services provided by the Jewish Senior Residence. These 24 units would be made available at entry fee levels that comply with the income and affordability standards prescribed by the BMR Program for 59 years. The BMR program would include continuing support for the residents of the BMR units by subsidizing all monthly costs associated with room, care, food and extensive support services at income and affordability standards prescribed by the BMR Program for 59 years. In addition to the BMR plan, the applicant has committed a $5,000,000 endowment restricted exclusively for the support of residents who cannot afford either the initiation costs or the continuing monthly costs at the JSR. This endowment would provide housing and services above and beyond the BMR agreement. Twelve assisted living units will receive continuing support by subsidizing all monthly costs associated with room, care, food and extensive support services for 59 years without use of any proceeds of the $5,000,G00 endowment for 15 years. A formal agreement must be executed prior to approval of the Final Map by the City Council. The Project’s owner has described the BMR contributions, making a commitment to provide this housing and associated services. The provisions of this condition (d) (i) are set forth in a letter of understanding between the City of Palo Alto and the applicant, dated September 20, 2006. (e) Development Schedule. Phase One of the project, which will comprise 100% of the JSR and a substantial portion of the JCC will commence in 2007 and be completed within three years. The JCC will then proceed with subsequent construction phases for the reminder of the project, which would be completed during the years 2012 through 2022. 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. A detailed phasing plan is is contained in Exhibit "C", attached hereto and incorporated herein by reference. (i) Variations in Phasing- It is recognized by the City that, as a non-profit dependent on fund raising, TKCJL may not have the resources to meet the phasing schedule set forth above.Developer may, therefore, request a change in the order,sequence and phasing of particular aspects of the Project components, providing the Director with a written explanation of and the reasons for the proposed change in phasing. In no event, however, shall the completion of Phase 1 occur later than December 2012, or the completion of Phase 2 occur later than December 2022, so long as reasonable progress is made toward completion. Within 30 days after receiving the request, the Director: ii 060920 syn 0120t68 NOT YET APPROVED (i)shall determine whether additional environmental and!or architectural review is required; (2) may determine the timing of the construction or the dedications, exactions, mitigations, reservations, or other conditions of approval, including, without limitation, any public improvements, so that the improvements necessary to serve each component of the Project and to mitigate its impacts are completed before occupancy of such component; and, (3)shall approve or disapprove the requested change writing. These variations in phasing supersede the extension provisions outlined in 18.68.130 of the Palo Alto Municipal Code, pertaining to Planned Community Districts. (ii) Condition of Site- Before any phase of the Project receives a building permit, the Developer shall have received ARB approval of plans for the temporary improvements proposed for the areas of the Project Site that are not proposed to be built under that particular building permit. (iii)Minor Variations in Project- Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b) (3) (D) for architectural review. ~Minor" changes do not include changes in land use. SECTION ii.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 Guidelines, California Code of Regulations, Title 14, section 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, mlnutes and files constituting the record of proceedings, is incorporated herein by this reference. SECTION 12.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 060920 syn 0120168 12 NOT YET APPROVED 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 13. 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: Senior Asst. City Attorney Mayor City Manager Director of Planning and Community Environment 060920 syn 0120168 13 This map is a product of the Exhibit A city of Palo Alto 901 San Antonio TKCJLProject The City of Palo Alto stumer, 200~-06-22 13:09::k~Tnls document is a graphk; represenlatIon only of best avall}bM som~s. pamel Report (~cc~n po s~gls$~gls\~:lmln~Per son ai~Plannlng.m db)~ City of palo ~to assumes no responsibility for any errors. ©1989 Io 2006 City of palo AIIo EAST CHARLESTON ROAD ~U~ <~- Exhibit B Exhibit PRO|ECT PHASING & DEVELOPMENT SCHEDULE The schedule and phasing for the Project are important elements of the Project because of its complexity, size and $240,000,000 cost. The Project will be funded entirely through private sources of debt and equity, of which about $150,000,000 will be raised from charitable donations. Because of these fundraising requirements, the Project may need to phase construction, with the JCC constructed in two or more phases. It is the expectation of the TKCJL that construction of the entire JSR of 298,130 square feet, and Phase 1 of between 98,000 and 118,5000 square feet of the total JCC (of 134,148 total square feet), will commence in 2007 and be completed within 3 years. Thereafter, the TKCJL will proceed with Phase 2 and, perhaps, a Phase 3, as soon as financing is available. Nevertheless, the TKCJL must be provided with a conservative development schedule for Phase I and subsequent phases of the Project. A.Phase 1: |anuary 2007 - December 2011 (1)Garage/Ground Floor Level. The entire garage/ground floor and pool deck area will be constructed during Phase I - except for that portion of the garage to be located under the outdoor playing field. Parking will be located on the surface in the area reserved for the outdoor playing field. The number of surface parking spaces on completion of Phase I will be at least the number of parking spaces that will be developed in the garage/ground level when the outdoor playing field is subsequently developed. (2)Buildings. All buildings, except a portion of Building "C" and, perhaps, Building "F’, will be constructed during Phase 1. Building "C" consists of 15,943 square feet of classrooms and community space. Building "F’, the Cultural Hall, consists of 20,555 square feet. B.Phase 2 and Phase 3: |anuary 2012 - December 2021 (1)Building "C" and Building "F". Building "C" and, perhaps, Building "F" will be built in Phase 2 and Phase 3, respectively. The sequence of Phase 2 and Phase 3 Shall be interchangeable. (2) (3) Interior Improvements. While the buildings, other than the portion previously mentioned of Building "C" and Building F, will be constructed during Phase 1, some building areas, though completed as "Shell Building Area," will not be completed with interior improvements during Phase 1. Outdoor Playing Field. The outdoor playing field of 41,022 square feet on Level I will be deferred until after construction of the garage/ground floor parking area under the outdoor playing field. C.Variations in Phasing It is recognized by the City that, as a non-profit dependent on fund raising, TKCJL may not have the resources to meet the phasing schedule set forth above. Developer may, therefore, request a change in the order, sequence and phasing of particular aspects of the Project components, providing the Director with a written explanation of and the reasons for the proposed change in phasing. In no event, however, shall the completion of Phase 1 occur later than December 2012, or the completion of Phase 2 occur later than December 2022, so long as reasonable progress is made toward completion. Within 30 days after receiving the request, the Director: (1)shall determine whether additional environmental and/or architectural review is required; (2)may determine the timing of the construction or the dedications, exactions, mitigations, reservations, or other conditions of approval, including, without limitation, any public improvements, so that the improvements necessary to serve each component of the Project and to mitigate its impacts are completed before occupancy of such component; and, (3)shall approve or disapprove the requested change in writing. These variations in phasing supercede the extension provisions outlined in 18.68.130 of the Palo Alto Municipal Code, pertaining to Planned Community Districts. D.Condition of Site Before any phase of the ProjeCt receives a building permit, the Developer shall have received ARB approval of plans for the temporary improvements proposed for the areas of the Project Site that are not proposed to be built under that particular building permit. E.Minor Variations in Project Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. "Minor" changes do not include changes in land use. NOT YET APPROVED Attachment D RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING ARCHITECTURAL REVIEW AND DESIGN ENHANCEMENT EXCEPTION (05PLN-00295) FOR 901 SAN ANTONIO-TAUBE-KORET CAMPUS FOR JEWISH LIFE PROJECT (TAUBE-KORET CAMPUS FOR JEWISH LIFE, 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 commercial parking lot at 901 San Antonio Road, and the construction on an approximately eight and one-half acre site bounded by San Antonio Road, Fabian Way, and Charleston Road of a ±432,200 square foot mixed-use building including 193 condominium style congregate care and assisted living senior dwelling units, ±134,100 square feet of community center space, 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 April 20, 2006 and May 18, 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 September 25, 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. 060920 syn 0120165 1 NOT YET APPROVED SECTION 2.Design Approval. The City Council hereby approves Planning Application No. 05PLN-00295, regarding the 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 design, 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 neighborhoods. ¯Policy L-8: New Development Limit ¯Policy L-9: Enhance desirable characteristics in mixed use areas. Use the planning and zonlng 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, services, 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. 2 060920 syn 0120165 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 facilitles 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 lozs. 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. Policy T-I: Make land use decisions that encourage walking, bicycling, and public transit use. Policy T-3: Support the development and expanslon 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 060920 syn 0120165 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-I: 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 10w, 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 0120165 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 pro3ects 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 a community center available to members of the public and higher density senior living 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 commercial uses by arterial 060920 syn 0120165 NOT YET APPROVED roads (San Antonio and Charleston Roads). This separation would allow for taller structures without affecting compatibility with surrounding areas; d. The design is appropriate to the function of the project in that the design accommodates the physical and programmatic needs and objectives of the community center and residential uses proposed by the applicant; e. The design promotes harmonious transitions in scale and character in areas between different designated land uses in that the buildings, which although extend above 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 and architecture in the neighborhood; f. The design is compatible with approved improvements both on and off the site as this project is a residential and commercial infill development and would enhance, maintain, or improve existing infrastructure; g. 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 community center uses, senior housing types, building design and landscaping are supported by shared amenities to ensure harmonious co-existence of the residents, visitors and users of the community center; h. The amount and arrangement of open space appropriate to the design and the function of the structures in that appropriate private and public outdoor spaces are provided for the residents and community center uses that would serve the unique needs of all users and visitors to the site; i. 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 BUILD 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. 060920 syn 0120165 6 NOT YET APPROVED j. Vehicular access to and departure from the site would be restricted at specific points in order to promote smooth traffic flow around the project site; k. Natural features have been appropriately preserved and integrated with the pro3ect where possible. Existing street trees would be retained. Few other significant natural features exist on the site; i. 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 assist its integration with the surrounding properties; m. 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; n. 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; o. 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 irrigation combined with drought resistant plant materials. SECTION 3.Design Enhancement Exception. The City Council hereby approves a Design Enhancement Exception for the construction of a sculptural tower element as part of the Development Plan that would extend to a maximum height of 96 feet above grade, where a maximum height of 50 feet would 7 060920 syn 0120165 NOT YET APPROVED normally be the maximum height allowed in the PC District, subject to the conditions set forth below, finding that: a0 There are exceptional or extraordinary circumstances or conditions applicable to the property or site improvements involved that do not apply generally to property in the same zone district, in that the project would involve the redevelopment of an existing underutilized office use and surface parking lot with a community center and senior housing. Due to flood zone requirements and the requirements of the state water resources board, the project would be constructed on top of a parking podium that would be approximately 12-feet to 16- feet above grade, at which point the base of the tower feature would be located. b. The granting of the exception will enhance the appearance of the site or structure, or improve the neighborhood character of the project and preserve an existing or proposed architectural style, in a manner which would not otherwise be accomplished through strict application of the minimum requirements of Title 18 and the standards for review set forth in this chapter, in that the maximum height for mechanical equipment would be 65’ above grade. The tower would be a key element of the applicant’s submittal that would serve as the symbolic center of the JSR and JCC programs. The tower is intended to be seen from most points from within the project, and this would not be possible given the height limitations established in the municipal code. The tower, which would contain mechanical equipment for an elevator that would serve the pro~ect, would be a solid structure to a point at 65-feet above grade, and would transition to a transparent-type material and form for the remaining 31-feet. Approval of the exception would allow the applicant to include a design feature that would be integral and compatible with the project architecture, but would also be sensitive to the surrounding neighborhoods. c. The exceptlons are related to a site improvement that will not be detrimental or injurious to property or improvement in the site vicinity and will not be detrimental to the public health, safety, general welfare or convenience in that the exception would be granted for a structural element that would have a footprint of approximately 12’ x 12’ and located in an area of the project where off site vlews of the tower, especially from the residential areas to the west, would be minimal or non-existent. The design of the tower would minimize any impacts from off-site views, in that the top 31- feet would be constructed of a light-weight skeletal-type system and transparent or translucent materials. 060920 syn 0120165 8 NOT YET APPROVED SECTION 4. Conditions of Approval. General Plan Conformance. The plans submitted for Building Permit shall be in substantial conformance with approved plans dated April 6, 2006 with the minor revision and additions dated May ii, 2006, except as modified to incorporate these conditions of approval. These conditions of approval shall be printed on 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 5he ongoing Planning Division oversight of the project until the Certificate of Occupancy is issued. Project Compliance. The applicant shall comply with all conditions of approva! set forth in the Architectural Review resolution and the Planned Community ordinance that would be approved by the City Council. The project shall be subject to the mitigation measures as identified in the Final Environmental Impact Report’s Mitigation Monitoring Reporting Program (M~RP) adopted by the City Council. The MMRP is attached an exhibit to the CEQA resolution. The applicant shall adhere to the requlrements of the Below Market Rate (BMR) program as described in the applicant’s letter, dated June 20, 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. 6.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 relocation of customer parking, loading/unloading areas and pedestrian access ways ; identification of temporarily 9 060920 syn 0120165 NOT YET APPROVED modified circulation patterns around the project site; and zemporary 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. Planning Division o Jewish Community Center (JCC) /City of Palo Alto Joint Use Agreement- An agreement describing the terms and conditions of the JCC/City of Palo Alto Joint Use Facility shall be reviewed and approved by the Director of Community Services prior to building permit finalization. The agreement shall contain, at a minimum, specific information regarding the facilities that would be available to the City of Palo Alto, the days and hours the facilities would be available, any associated fees (if applicable) that would apply to the use of the facilities, and a timeline for periodic review of the agreement. Copies of the approved agreement shall be forwarded to the Planning Division and the Attorney’s office. o Cultural Hall Use Schedule- The JCC shall provide zo the Planning Division a monthly calendar that includes all of the proposed events within the cultural hall theater space. Each event shall include a description of the event, hours, expected attendance, and a description of any other significant events taking place at JCC during the time of the event. i0. JCC/Neighborhood Association Meetings- JCC management staff and the boar@members of the Palo Verde Neighborhood Association (PVNA) shall meet periodically as agreed upon by the participants to discuss issues related to the operation and use of the JCC facility. JCC management staff and PVNA boar@members shall make contact information, including telephone numbers and electronic mail addresses, available to each organization. 060920 syn 0120165 10 NOT YET APPROVED ii.ARB to Review Sculptural Tower- The design for the proposed sculptural tower shall be submitted to the Planning Division for architectural review by the ARB0 Review by the ARB shall be completed prior to submittal of building permit plans for the tower. 12.Sculptural Tower Design Guidelines- The sculptural tower shall not exceed a footprint of 12’ x 12’, shall have a lower solid portion not to exceed 65 feet above grade, and a sculptura! design above the solid portion not to exceed 96 feet above grade. The sculptural tower design shall not include bright light elements as a primary design element. Low level accent lighting, if included as part of the design, shall be the lowest level possible to achieve the desired effect. Transportation Division 13.The Project design shall include upgrades to all existing bus stops and/or shelters along the project frontage along San Antonio, Charleston, and Fabian to full VTA standards for length, width, structural section, and materials. The bus stop/shelter upgrades shall be designed to the satisfaction of the Transportation Division prior to approval of the Final Map. 14.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 TKCJL. The crosswalk shall be placed on the immediate north side of this intersection and shall include zhe 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. 15.The two Project driveways on Charleston Road shall be restricted in their allowed traffic movements to right turn in only at the easternmost driveway and right turn in, right turn out, and left turn out only at the westernmost driveway. These driveways shall be channelized and signed to limit access to permit only the allowed movements. The access channelization and slgnage shall be designed to the satisfaction of the Transportation Division prior to approval of the Final Map. Once the project is constructed and occupied and if unintended movements occur that are deemed unsafe by the City’s Transportation Division, the Cizy may require further restriction improvements prior to occupancy of a future phase. ii 060920 syn 0120165 NOT YET APPROVED 16. 17. The Project driveway on San Antonio Road shall be limited to right turn out only with an acceleration lane provided to the rlght turn only lanes at San Antonio/Charleston. The driveway shall be channelized and striped to restrict movement to right turn out only. The access channelization and striping shall be designed to the satisfaction of the Transportation Division prior to approval of the Final Map. 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 projects, traffic slgnal 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 two applicants at 12% for BUILD and 88% for TKCJL, based upon the traffic assumptions contained in the EIR. 18.San Antonio Road is designated to have a future Class II bicycle lane. The Project applicant shall prepare and submit to the Transportation Division a conceptual drawing (or options) indicating how a five-foot bicycle lane could be accommodated in the future along the pro3ect frontage on San Antonio Road. The schematic plans shall be submitted to the satisfaction of the Transportation Divislon prior to approval of the Final Map. 19 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. 2O Future plan submittals shall note the dimensions of access driveways, drive aisles, parking modules, wayfinding signs, or other components of internal circulation and parking to indicate the functionality of such components. 21 Shared parking agreements to accommodate overflow parking onto adjacent facilities for special events (whether indoors, outdoors, or a combination thereof) , when r~’~ would attract 350 or more visitors on weekdays and 500 or more visitors on weekends shallm~e be submitted at least two weeks in advance of the event. :Such parking 12 060920 syn 0120165 NOT YET APPROVED 22. 23. 24. 25. agreements shall note the amount of parking available, the location, any restrictions to use, how access to CJL is accomplished from the off-site parking area, etc., and must be enforceable to the satisfaction of the Transportation Di~ ’~is~on Section at least 3 days prior to the special event. The Director of Planning and Community Environment may require additional measures to assure adequate parking and traffic control if deemed necessary. 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 on the San Antonio side of the site, in order to prevent pedestrians from walking immediately adjacent to the flow of traffic. The Project applicant shall contribute the Project’s fair share costs (approximately $10,750) towards the cost of the newly installed signals at the intersection of the San Antonio Road/NB US i01 ramp. The Project applicant shall pay itms share of 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 wicinity. The truck loading area on San Antonio Road (near the intersection with Charleston Road) shall be subject to the following conditions: The operation of the loading area shall be restricted to the periods of i0 am to 3 pm and 7 pm to 6 am. The City may further restrict these hours should operational issues arise. All trucks shall access the loading area traveling southbound on San Antonio Road from US i01. ¯CJL personnel shall meet all trucks upon their arrival and shall assist the truck operacor(s) in accessing the loading area. CJL personnel shall use orange vests and traffic control paddles to help direct vehicular and pedestrian traffic. ¯Exiting trucks must turn right onto San Antonio Road and right onto Charleston Road and then right onto Fabian to West Bayshore to Oregon Expressway. No other exiting pattern shall be permitted. 060920 syn 0120165 13 NOT YET APPROVED Access to the loading area shall be designed to allow trucks to drive forward into the area in a slngle movement, clear the sidewalk and then back up to the loading door. Exiting vehicles must be able to exit in a single maneuver onto southbound San Antonio Road. The City may restrict access to any vehicle type that cannot access the area and leave from the area in a slngle maneuver. A five-foot landscape buffer shall be provided adjacent to the loading area, between the loading area and the sidewalk, only interrupted for the sections crossed by trucks. Signs and/or pavement markings shall be placed at the ingress and egress driveways alerting pedestrians that trucks may be crossing the sidewalk. The structural section of the sidewalk shall be able to accommodate the truck load. Any sidewalk degradation shall be immediately replaced at an improved load level. Trucks must depart immediately after unloading or loading. Truck layover shall not be allowed. Detailed design of the loading area shall be submitted prior to approval of the Final Map and shall be to the satisfaction of the Transportation Division and the Public Works Department. Building Division 26.A Fabian Way address shall be required for the Jewish Community Center and a Charleston Road address shall be required for the Jewish Senior Residence. The applicant shall submit a Change of Address Request form to the Palo Alto Development Center and the new address shall be assigned when the parcel map is recorded. 27.The plans submitted for the building permit shall include the full scope of the construction including all site development, utility installations, architectural, structural, electrical, plumbing and mechanical work for all non-deferred elements associated with the proposed project. 28.Due to the scale of the overall project, the applicant shall be required to utilize a 3rd party plan check agency to conduct the building code plan review. A list of the agencies approved by the City of Palo Alto is available at zhe Developmenz Center. The City’s Building plan check fees are reduced by 75% when a 3rd party plan check agency is utilized. 14 060920 syn O120165 NOT YET APPROVED 29. 30. 31. 32. 33. 34. 35. 36. 0 ® The applicant shall schedule and attend a pre-application meeting with Building Division staff and the 3rd party plan checker to review the permit application process and to verify that the permit application will address all of the Division’s conditions. The entire project is to be constructed under a single building permit and shall not be phased under multiple permits. However, with prior approval, certain portions of the design may be deferred and submitted separately after issuance of the main permit. The design of building components that are not included in the plans submitted for building permit and are to be "deferred" shall be limited to as few items as possible. The list of deferred items shall be reviewed and approved prior to permit application. A separate grading permit may be required if cut and/or fill earthwork will exceeds i00 cubic yards or more than I0,000 square feet of surface area. The location of the building’s electrical service shall require prior approval by the Building Division and shall be located at an exterior location or in a room or enclosure accessible directly from the exterior. The plans submitted for the building permit shall include an allowable floor area calculation that relates the mixed occupancies to type of construction. The plans submitted with the building permit application for the shell portions of the building shall include the construction of stair and exit enclosures serving each floor of the building. Due to the complexity of the proposed facility the applicant shall submit a preliminary plan and related documentation that explains the design approach for the following issues: Identification of the various occupancy classes Occupancy separations Occupant loads from rooms, floors, buildings, etc. Exit paths with identification and explanation of intervening rooms, corridors, horizontal exits, stair enclosures, etc. 060920 syn 0120165 15 NOT YET APPROVED This package should be submitted to the Building Division and 3rd party plan checker as early as possible in advance of the building permit application. 37.The occupant load factor (OLF) of 7 shall be used for all multi-purpose rooms such as the gymnasium and cultural hall. An OLF of 15 may be used for the gymnasium if it can be assured that it can never be utilized for purposes other than physical education or sporting events. 38.In accordance with CBC Table 10-A, all babysitting/child care rooms shall be provided with a minimum of 2 exits when the occupant load exceeds 6. The OLF for nurseries and child care areas is 35. 39.The installation of doors across hallways and corridors (cross-corridor) shall be understood to be creating intervening rooms in the path of egress.This understanding shall be incorporated into the exiting plans so that compliance with CBC Section 1004.2.2 is achieved. 40.The "bridges"connecting the different modules to the building, in the paths of required exits shall be considered as intervening rooms in the path of egress. This understanding shall be incorporated into the exiting plans so that compliance with CBC Section 1004.2.2 is achieved. 41.The use of portions of the podium deck for ~exit discharge" is acceptable provided they comply with the requirements for exit courts or yards and that the paths are clear to the sky and do not involve travel beneath the bridges or ozher overhang structures. 42.According to the definition in the Building Code, the garage level of the proposed building is the ist story. In order to provide consistency with the Code and avoid confusion, the plans submitted with the permit application shall identify the floor levels in accordance with the Building Code. 43.An acoustical analysis shall be submitted and the plans shall incorporate the report’s recommendations needed to comply with the sound transmission requirements in CBC Appendix Chapter 12, Division IIA. 44.The project site is located within a seismic hazard zone indicated on the State Geologist’s Mountain View Quadrangle 060920 syn 0120165 16 NOT YET APPROVED Map and is thus subject to the requirements of the California Seismic Hazards Mapping Act (SHMA). As such, the building permit application shall include a geotechnical report that identifies any site specific seismic hazards and provides recommendations for their mitigation. Additionally, the report’s recommendations shall be incorporated into the building designs. 45.The garage floor shall slope to floor drains that connect to an oil!water separator in accordance with CBC Section 311.2.3.1. 46.Interceptors or other grease retention devices may be required to be installed as part of the plumbing system serving the food service facilities i9 the building that have the potential to discharge contaminates into the City sanitary sewer system. PRIOR TO ISSUANCE OF GRADING AND/OR BUILDING PERMITS 47.Santa Clara County Health Dept. approval is required for the commercial kitchen construction. Two copies of the plans, stamped and approved by the Health Department, shall be submitted prior to building permit issuance. 48.Santa Clara County Health Dept. approval is required for the construction of the public pools. Two copies of the plans, stamped and approved by the Health Department, shall be submitted prior to permit issuance. 49. 50. A demolition permit shall be required for the removal of any existing building on the site. The Final map shall be recorded prior to building permit issuance. 51.Prior to building permit issuance, written approval by the Regional Water Quality Control Board (RWQCB) shall be submitted to the Building Division stating that all pre- construction requirements specified in the Risk Management Plan (RMP) have been complied with. PRIOR TO BUILDING OCCUPANCY 52.Prior to building occupancy, written approval by the Regional Water Quality Control Board (RWQCB) shall be submitted, to the Building Division stating that all construction requlrements specified in the Risk Management Plan (RMP) have been complied with. 17 060920 syn 0120165 NOT YET APPROVED Planning Arborist PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 53. 54. 55. 56. 57. 58. 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- i, and the City Tree Technical Manual, Section 6.35-Site Plans. 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. Tree Preservation Report (PTR). When required, the most current verslon of the TPR by the Project Arborist shall be printed on Sheet T-I and/or T-2 in its entirety. A promlnent 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. ~ 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. 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. 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: " 060920 syn 0120165 18 NOT YET APPROVED 59.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. 60.A detailed landscape and ~rrigation plan encompassing on- and off-site plantable areas out to the curb shall be submitted for review. A Landscape Water Use statement, water use calculations and a statement of design intent shall be submitted for the project. A licensed landscape architect and qualified irrigation consultant should prepare these plans. Landscape and irrigation plans shall include: a~ All existing trees identified both to be retained and removed, including street trees. b. Complete plant list indicating tree and plant species, quantity, size, and locations. c. Irrigation schedule and plan. d. Fence locations. e. Lighting plan with photometric data. f. Trees to be retained shall be irrigated, aerated and maintained as n~cessary to ensure survival. g. 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. h.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. i. Automatic irrigation shall be provided to all trees. For trees, details on the irrigation plans shall showtwo bubbler heads mounted on flexible tubing placed atthe 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. j. Landscape Plan shall ensure the backflow device is adequately obscured with the planting of appropriate screening (e.g., fitted with dark visibility. 060920 syn 0120165 shrubbery, landscape rock covering, green wire cage, etc) to minimize 19 NOT YET APPROVED 61.All Planning Department conditions of approval for the project shall be printed on the plans submitted for building permit. DURING CONSTRUCTION 62.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 fencinm shall contain required warning sign and remain in place until final inspection of the pro3ect. Tree fencing shall be adjusted after demolition if necessary to increase the tree protection zone as required by the project arborist. 63.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. 64.The following general tree preservation measures apply to all trees co 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 irrmgated, aerated and maintained as necessary to ensure survival. PRIOR TO OCCUPANCY 65.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 66.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. 2O 060920 syn 0120165 NOT YET APPROVED Public Works Engineering SITE SPECIFIC 67.Since this project will create one acre or more of impervious surface, it will be subject to updated storm water regulations (C.3)0 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 minimlze 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. 68.It appears that the primary access to the site will 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" 69.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. 70.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 is~ through April 15th The area of exposed earth and the contaminated soil combine to pose an environmental hazard if the grading of this project were to occur in the wet season. GENERAL 71.The applicant is required to meet with Public Works Englneering (PWE) to verify the basic design parameters affecting grading, drainage and surface water infiltration. The applicant is required to submit a conceptual site 21 060920 syn 0120165 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 72.The applicant shall submit a final grading and drainage plan to Public Works Englneering. 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. 73.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 Divislon. The impervious area calculation sheets and instructions are available from Public Works Engineering. 74.Permittee must obtain a grading permit from the City of Palo Alto Building Inspection Division if excavation volume exceeds i00 cubic yards. 75.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 Development Center to assist in preparing improvement plans. 060920 syn 0120165 22 NOT YET APPROVED 76.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 Englneering. 77.The CJL project shall submit a FEMA ~floodproofing certificate" for the "bathtub" design of the parking structure. This certificate shall be submitted prior to building permit submittal. PRIOR TO ISSUANCE OF BUILDING PERMIT 78.Proposed improvements are located within a Special Flood Hazard Area. Those areas that will be subject to contact with floodwaters, such as crawl spaces and garages, must be constructed with flood- resistant construction materials, as specified in FEMA Technical Bulletin 2-93. The requirements 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 Technical Bulletin. 79.Proposed improvements are located within a Special Flood Hazard Area. Unless otherwise specified by Public Works, 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. 80.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 Elevatlon of 8ft. This minimum floor elevation must appear on the architectural and structural plans. 81.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 0120165 23 NOT YET APPROVED 82.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. 83.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. 84.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 assoclated with construction activity. A Notice of Intent (NOI) must be filed for this project with the SWRCB in order to obtaln 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 pro3ect 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. 85.The applicant is required to paint the "No Dumping/Flows to Adobe Creek" logo in blue color on i white background, adjacent to all storm drain inlets. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329- 24 060920 syn 0120165 NOT YET APPROVED 86. 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 87.The contractor must contact the CPA Public Works Inspector at (650) 496-6929 prior to any work performed in the public right-of-way. 88.No storage of construction materials is permitted in the street or on the sidewalk without prior approval of Public Works Engineering. 89.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 pro3ect. 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). 90.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). 91.All construction within the City right-of-way, easements or other property under City 3urisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. PRIOR TO FINALIZATION 92.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 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 is first 25 060920 syn 0120165 93. 94. 95. NOT YET APPROVED 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 shall 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 prlor to sign- off. PRIOR TO SUBMITTAL OF FINAL MAP 96.Subdivision Agreement ~s 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. 97.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. 98.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. 99.All construction within the City right-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. 060920 syn 0120165 26 NOT YET APPROVED PRIOR TO RECORDATION OF FINAL MAP i00.This property is in a special flood hazard area and notation of this shall appear on the recorded map. i01. 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. Fire Department 102.Site address to be prominently posted at the main access to the property. (2001CFC901) 103.Applicant shall work with the Fire Department to provide fire access to the maxlmum extent practical, in conjunction with hose outlets and traffic slgnal preemption outlined below. 104.Fire Department access roads shall be marked by striping, signs or other approved notlces. (2001CFC901.4) 105.An approved access walkway shall be provided to each egress!rescue window (2001CFC902.3.1) Elevated slab. shall be configured as an exit court in accordance with the Building Code. 106.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 107. A fire sprinkler system shall be provided which meets the requirements of NFPA Standard No. 13, 1999 Edition. (PAMCI5.04.160) 108.Approved 2½-inch hose valves shall also be provided within each courtyard and at approved locations within the parking structure. 109.An approved underground fire supply shall be provided for the sprinkler system(s), and shall meet the requirements of NFPA Standard No. 24 1999 Edition. Fire supply system installations require separate submittal to the Fire Prevention Bureau. (PAMCI5.04.083) 060920 syn O120165 27 NOT YET APPROVED ii0. 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) iii.An automatic and manual alarm system shall be provided for the building. (2001CFCI006.2.9) Utilities Water Gas Wastewater 112.The applicant shall schedule the WGW utilities field inspector at 650/566-4503 to visit the site and review the existing water/wastewater fixtures to determine the capacity fee credit for the existing load.If the applicant does not schedule this inspection prior to demolition, they may not receive credit for the existing water/wastewater fixtures. 113 The applicant shall submit a completed water-gas-wastewater service connection application - 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 servmce demands (water in g.p.m., gas in b.t.u.p.h, and sewer in g.p.d.) . 114 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 mncluding meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities.. Add details WD-02, WD-03, WD-05, WD-17, WD-18, WWD-01, WWD-10, WWD-II and water/sewer demo standards to the drawing package. 115.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. The applicant’ s engineer shall submit flow calculations and system capacity study showing that the on-site and off-site 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 anticipated 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 28 060920 syn 0120165 NOT YET APPROVED registered civil engineer. The applicant may be 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 senlor wastewater engineer. The study shall meet the requirements and the approval of the WGW engineering section. No downstream overloading of existing sewer main will be permitted. 116.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. 117.The 8" lateral shown on the plans to Fabian Way shall be connected to the 36" sewer main in Fabian not the 8" (slip lined down to 6.6"). Connect to the existing manhole if possible by core drilling. 118.For conzractor installed water and wastewater mains or services, the applicant shall submit to the WGW engineering section of the Utilities Department zwo copies of the installation of water and wastewater utilities off-site improvement plans in accordance with the utilities department design criteria. 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 clvil 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 engineering section. 119.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. 120.A separate water meter and backflow preventer 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 29 060920 syn 0120165 NOT YET APPROVED 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. 121.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. 122.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. 123.Sewer drainage plping 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. 124.Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 125.All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW Utilities procedures. Utilities Marketing Services 126.Prior to issuance of the building permit, all common area landscaping 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 the project and a dedicated irrigation water 3O 060920 syn 0120165 NOT YET APPROVED meter shall be required. Call the Landscape Plan Review Specialist at (650) 329-2549 for additional information. Utilities Electric PRIOR TO ISSUANCE OF DEMOLITION PERMIT 127.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. 128.The Applicant shall submit a request to disconnect all existing utility services and/or meters including a signed 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 129.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. 130.Industrial and large commercial/subdivision customers must allow sufficient lead-time for Electric Utility Englneering and Operations (typically 8-12 weeks after advance engineering fees have been paid) to design and construct the electric service requested. 131. Only one electric service lateral is permitted per parcel. 132. 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. 133. 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 31 060920 syn 0120165 NOT YET APPROVED Utilities Easement for facilities property as required by the City. installed on private 134. 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 ½- 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. 135.Location of the electric panel/switchboard shall be shown on the site plan and approved by the Architectural Review Board and Utilities Department. 136.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. 137.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. 138.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 5erminals and the main switchgear, the installation of transition cabinet will not be required. 139.The customer is responsible for sizing the service conductors and other required equipment according to the National Electric Code requirements and the City standards. 140. 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. 060920 syn 0120165 32 NOT YET APPROVED 141.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 142.The applicant shall comply with all the Electric Utility Engineering Department service requirements noted during plan review. DURING CONSTRUCTION 143.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. 144.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 is complete. 145.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. Utilities Rule & regulation #16. 146.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. 060920 syn 0120165 33 NOT YET APPROVED 147.All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 148. The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meek the National Electric Code requirements and the City standards. 149.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. 150.All new underground electric services shall be inspected and approved by both the Building Inspection Division and the Electrical Underground Inspector before energizing. AFTER CONSTRUCTION & PRIOR TO FINALIZATION 151.The customer shall provide as-built drawings showing the location of all switchboards, conduits (number and size), conductors (number and size), splice boxes,vaults and switch/transformer pads. PRIOR TO ISSUANCE OF BUILDING OCCUPANCY PERMIT 152.The applicant shall grant Public Utilities Easement for facilities installed on private property for City use. 153.All required inspections have been completed and approved by both the Building Inspection Division and the Electrical Underground Inspector. 154. All fees must be paid. 155.All Special Facilities contracts or other agreements need to be signed by the City and applicant. ADDITIONAL COMMENTS 156.Developer shall provide electrical load details!calculations for slzing the padmounted transformer for the proposed project. Lead time on the transformer is 6-8 months. The City does not permit installing padmounted 060920 syn 0120165 34 NOT YET APPROVED 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 maintaln clearances from the electrical lines per City and N.E.C. requirements. Utilities Engineering will provide 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 schedulea meeting with Utilities Engineering (650-566-4533/4516/4535) and obtain City’s standards and specifications. SECTION 5. Effective Date. This resolution shall be effective upon the effective date of Ordinance , entitled "Ordinance of the Council of the City ofPalo Alto Amending Section 18.08.040 of the Palo Alto MunicipalCode (the Zoning Map) to Change the Classification of PropertyKnown as 901 San Antonio Road: Taube-Koret Campus for Jewish Life Project // // II II // II II // // // // // 060920 syn 0120165 35 NOT YET APPROVED From GM to PC Planned Community, a Comprehensive Plan Amendment to Change the Land Use Map from Light Industrial to Mixed Use, And Approving a Variance from a Height Requirement." INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Mayor Senior Deputy City Attorney City Manager Director of Planning and Community Environment 060920 syn 0120165 36 Attachment E Ci .of Palo Alto Department of PIanning and Community Environment Via E-Mail September ~, 2006 Planning Division John Igoe, Vice President Sares Regis Group of No. California 901 Mariners Island Blvd. Suite 700 San Mateo, CA 94404 jigoe@srgnc.com James Baer Premier Properties 172 University Avenue Palo Alto, CA 94301 jimbaer@prprop.com Subject:899 Charleston Project (901 San Antonio Road); Taube-Koret Campus for Jewish Life ("TKCJL") -Summary of Below Market Rate (BMR) Program Agreement Dear John & Jim: Attached is the summary of the BMR program for the 899 Charleston Project for 24 BMR units with reduced entry fees and monthly charges that staff is recommending to the City Council. The City Council has the final authority to approve the content of the BMR agreement as part of its review of the Planned Community (PC) application for the overall TKCJL project. The provisions described in this summary, including any revisions that may be approved by Council, will be incorporated into a formal BMR regulatory agreement that must be executed by TKCJL, 899 Charleston and the City and recorded against the property concurrently with the final subdivision map. Please have the appropriate officers of TKCJL and 899 Charleston sign below to indicate acceptance of the BMR agreement as stated in the attached summary. This signed letter, together with the attached summary will be included in the Council packet for their September lq,th meeting. Thank you both for your time and effort in working with my staff to develop an affordable housing program for moderate-income seniors in this important project. Printed with soy-based inks on I00% recycled paper processed without chlorine 250 Hamilton Avenue EO. Box 10250 Palo Alto, CA 94303 650.329.2441 650.329.2154 899 Charleston Road Summary of Below Market Rate Program Agreement For City Council Review September 2006 1. Introduction: This is a summary ("Summary") of the provisions of the Below Market Rate ("BMR") Agreement for the project, to be named 899 Charleston (the "899 Charleston Project") to be located at 899 East Charleston Road, Palo Alto, as part of the Taube-Koret Campus for Jewish Life ("TKCJL"). TKCJL will ground lease the land to 899 Charleston. This Summary will be incorporated into a formal BMR Regulatory Agreement to be executed by 899 Charleston, a California nonprofit public benefit corporation (the "Owner"), TKCJL, in its role as applicant and landowner, and the City of Palo Alto ("City") and recorded concurrently with the final subdivision agreement. Approval of a rezoning to a Planned Community Zone (PC), and new designation under the City’s Comprehensive Plan as "Mixed-Use", are necessary for development of the 899 Charleston Project. As a significant component of the 899 Charleston Project, and subject to terms and conditions set forth in this Summary, Owner has agreed to provide twenty-four (24) affordable housing units for moderate income residents in satisfaction of the BMR Program requirements as stated in Program H-36 of the Housing Chapter of the Comprehensive Plan and has also agreed to provide reduced pricing for board and care services to the residents of the 24BMR units for a term of fifty-nine (59) years. 2. Project Description: TKCJL acquired its 12.16-acre site (previously known as 901 San Antonio Road) on June 21, 2002. This site had been improved with a 6-story, 265,000 square foot commercial office building. In 2004, TKCJL sold a 4=acre portion of the site to Bridge Urban Infill Land Development, LLC ("BUILD"). BUILD has submitted a separate application for the development of a residential project that will include 103 "for-sale" housing units and 56 below-market rate rental housing units for seniors. The 8.16 acre remaining parcel has been increased by approximately 0.42 acres as a result of the pending purchase by the TKCJL of the KFC parcel located at San Antonio Road and Charleston Road. Accordingly, the TKCJL application includes a parcel of approximately 8.58 combined acres, or 373,782 square feet. The 899 Charleston Project is a component of the TKCJL Campus. The total building area of the TKCJL Campus is 432,278 square feet or an FAR of 1:16:1.0. The FAR includes: (i) 298,130 gross square feet for 193 senior residences and care units; and (ii) 134,148 square feet for community center uses. The 899 Charleston Project consists of 193 units and associated common and support spaces for senior care housing for independent and assisted living and dementia care. It is anticipated that as of the date of initial occupancy of the 899 Charleston Project there will be 170 units for independent living, 12 units designed for assisted living and 11 units for dementia care. All 193 units will be licensed by the State of California as a Continuing Care Retirement Community ("CCRC"). The ratio of independent living, assisted living and memory care units will change over time as senior residents age "’in place." Flexibility has also been provided for Owner to change the ratio of independent living to assisted living BMR residents during the term of the BMR Agreement. 3. Exclusion of Dementia Care Facilities and Program Services from the BMR Program: The City has determined that because of the intensity of care required for residents receiving dementia care services, that the discounted Monthly Charges will not apply to charges for care and services provided to residents receiving dementia care at the 899 Charleston Project. Under this BMR Agreement, BMR residents that move into the 899 Charleston Project as independent or assisted living residents, and then eventually need to enter the dementia care facility, will have to pay market rates for their Monthly Charges in the dementia care program. If the BMR resident was the sole occupant of the BMR unit prior to his or her move into the dementia care facility, then Owner will offer the vacated BMR unit (or a comparable substitute unit) to a new, qualified BMR household. 4.Continuing Care Retirement Communities ("CCRC"): The 899 Charleston Project will be licensed by the State of California Department of Social Services as a Continuing Care Retirement Community ("CCRC") and must comply with many rigorous State regulations and compliance requirements. The financing structure and operation of these facilities are very complex because of the combination of guaranteed continuing care, daily food and social, wellness and cultural programs, in addition to the housing component. It is estimated that development of the 899 Charleston Project will require more than $40 Million from donations to subsidize development costs and establish necessary reserves for future operations and resident care. 5. BMR Program H-36 of the Housing Element Adopted December 2002: In approving the division of the original 12.16 acre TKCJL property to allow the sale of 4.0 acres to BUILD, the City determined that a twenty (20) percent BMR program requirement would apply to the senior residential facility planned by TKCJL on its remaining 8.16 acres. Under Program H-36, housing developments on sites of five or more acres have a 20 percent BMR requirement. For the 181 units (excluding the 11 dementia care units), the 20 percent BMR requirement would equal 36 units (181 times 20% equals 36.2 units). Residency in the 899 Charleston Project requires both an initial, one-time Entry Fee payment, which is based on the size and type of housing unit selected by the new resident, and substantial, ongoing monthly payments for maintenance of the unit, personal care, meals, activities, recreation, transportation and extensive support services. In order to provide lower, and thus more affordable, Entry Fees and reduced costs for Monthly Charges, the City, TKCJL and the Owner have agreed that 24 BMR units rather than 36 units will be provided. Because the some of the BMR residents will probably be two-person households, there will be more than 24 persons benefiting from the BMR program at any one point in time. The BMR S:\PLANkPLADIV~Advance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doe Page 2 of 20 residents will receive a substantial discount on the cost of both the initial Entry Fee and the Monthly Charges. The BMR Program at the 899 Charleston Project consists of the four following components: $5,000,000 Endowment for Financial Need. A $5,000,000 gift (the "Endowment Fund") has been provided to the 899 Charleston Project as an endowment, with the stipulation that the income be restricted exclusively for the support of Jewish residents of 899 Charleston or accepted applicants who cannot afford a portion of either the entry fee or the continuing monthly costs. These funds will be available for anyone who need financial assistance for any aspect of their stay at 899 (e.g., room/board, additional care, additional transportation, buying medical equipment devices, etc.,) Starting with the 16th year of the BMR program, 899 Charleston agrees to provide assistance to a maximum of 12 of the BMR units as a priority for the income for the endowment fund for support of any BMR resident who meets the eligibility requirement, so that the intent of the program is to provide 12 BMR units which may be available at any given time during the remaining 44 years of the BMR commitment period. It is understood by all parties to this agreement that the limitations on funding of such support for these 12 units is the income, (both current and accrued) available from the $5.0 million endowment. In accordance with the terms of the endowment, the corpus of the $5.0 Million may never be drawn down. go 899 Charleston Service Mission. 899 Charleston, a California non-profit public benefit corporation, has been formed and approved by the State of California. The mission of 899 Charleston shall be to provide a residential and assistance community for Jewish seniors although membership shall be open to the public and not limited to members of the Jewish community. 899 Charleston will not terminate the occupancy of any resident because of his or her inability to afford the monthly costs of room, food, care and extensive services to be provided at the 899 Charleston Project, subject to the standards of care relating to "spend down" provisions. 24-Units Subsidy of Entry Fee: The 899 Charleston Project will be subject to a recorded BMR regulatory agreement ensuring that 24 housing units will be made available at entry fee levels that comply with the income and affordability standards prescribed by the BMR Program for 59 years as described in this Summary. For the first 15 years of operations, at least twelve (12) of the 24 BMR units shall be made available in units designed for Assisted Living, to the extent there is demand and need for such care from qualified applicants. For the remaining 59 year term of the BMR Agreement, Owner is only obligated to provide the 12 units to the extent of the capacity of earnings of the Endowment Fund to fund the difference between the market rate entry fee and the BMR entry fee. (1)Twelve (12) Congregate Care Units as specified in this Summary will be made available at a subsidized entry fee for 59 years, without use of any proceeds of the SAPLANkPLADIV~Advance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doe Page 3 of 20 $5,000,000 endowment. These 12 units will be available, initially, as Independent Living Units with food and comprehensive support services. (2)Twelve (12) units designed for Assisted Living will be initially made available as specified in this Summary, but other comparable one bedroom units throughout the 899 Charleston Project may be substituted as Assisted Living units to meet program needs of both market rate and BMR residents. These 12 units will be available at a subsidized entry fee at income and affordability standards prescribed by the BMR Program without use of any proceeds of the $5,000,000 endowment for 15 years. For subsequent years, the availability of these BMR units at a subsidized entry fee shall be through the use and extent of proceeds of the $5,000,000 endowment. 24-Units Subsidy of Monthly Charges. For all the 24 BMR units, Owner will provide continuing support by subsidizing all monthly costs associated with room, care, food and extensive support services (the "Monthly Charges") at income and affordability standards prescribed by the BMR Program for 59 years on the following terms: (1)12 Congregate Care Units will receive continuing support by subsidizing all monthly costs associated with room, care, food and extensive support services (the "Monthly Charges") at income and affordability standards prescribed by the BMR Program for 59 years without use of any proceeds of the $5,000,000 endowment. (2)12 units designed for Assisted Living will receive continuing support by subsidizing all monthly costs associated with room, care, food and extensive support services (the "Monthly Charges") at income and affordability standards prescribed by the BMR Program for 59 years, without use of any proceeds of the $5,000,000 endowment for 15 years. For the remaining 59 years, Owner is only obligated to provide the monthly subsidy of the Monthly Charges for these Assisted Living Units to the extent of the capacity of the earnings of the Endowment Fund to fund the difference between the market rate for the Monthly Charges and the BMR fee as calculated according to the BMR Agreement. At all times during the entire 59 year term of the recorded BMR A~reement for 899 Charleston~ a total of 24 one-bedroom BMR units shall be provided by Owner with subsidized Entr~ Fees and Monthly Charges for qualified BMR residents as described in this Summary. 6. Locations and Physical Description of the 24 BMR Units: 12 Congregate Care / Independent Living Units: All 12 units will be one-bedroom units with one bathroom and will range in size from a minimum of about 600 square feet to about 860 square feet of interior living space; these units will be distributed throughout the four floors and in different areas of each floor with from two to four BMR units per floor, At initial occupancy, the 12 Independent Living Units will be designated as follows and as described in further detail in Attachment D: S:\PLAN~PLADIVkAdvance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doe Page 4 of 20 Table I: Designation & Description of the Initial 12 Independent Living BMR Units Floor Nos.DescriptionNumber of BMR Units 4 3 1 4 12 Units Unit Plan Type G A M B4 Bldg & Unit No. K:105, 205,305, 405 J:206, 306, 406 L: 202 H:102, 202,302, 402 1,2,3,4 2,3,4 2 1,2,3,4 Approx. Net Square Feet 600 760 770 860 8,890 SF 1 BR; 1 BA; No Balcony 1 BR; 1 BA; Balcony 1 BR; 1BA; Lg. Balcony 1 BR; 1BA; Balcony Base Entry Fee $221,000 $251,000 $253,000 $322,000 Average Fee = $264,834 Total = $3,178,000 Fee Per Square Foot $369 $331 $329 $375 Average = $358 12 Assisted Living Units: All 12 units designed for Assisted Living will be one-bedroom units, with one bathroom, and are located in the assisted living area on the third and fourth floors of the 899 Charleston Project, The assisted living area has its own small dining rooms and social areas in close proximity to the units, which are all either J or K floor plans. At initial occupancy, the 12 units designed for Assisted Living will be designated as follows and as described in further detail in Attachment D: Table II: Designation & Description of the Initial 12 BMR Units Designed for Assisted Living Number of BMR Units 6 12 Units Unit Plan Type J, J1, J2 K, K1, K2 Bldg. & Unit No. E: 302, 303, 309, 402, 406, 407 Floor Approx. No.Net Square Feet 3, 4 670 E: 305~ 306, 307,3, 4 740 405, 406, 407 8,450 SF Description Base Entry Fee 1 BR; 1 $259,000 BA; No Balcony 1 BR; 1 $299,000 BA; Balcony Average Fee = $279,000 Total = $3,348,000 Fee Per Square Foot $387 $404 Average = $397 Owner may change the designated independent living and assisted living units specified in the tables above, provided that comparable, or better, one-bedroom units are substituted for the units. Owner shall correct imbalances in the location of the BMR units by floor as vacancies allow. As part of Owner’s regular annual reports, Owner shall identify the location and unit type of each of the 24 BMR units and describe the reasons for any changes that have made in the designated BMR units. SAPLANh°LAD1VLAdvance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doc Page 5 of 20 7. BMR Unit Entry Fees And Differences Between Market & BMR Units For Return of Entry Fees: Discount for BMR Unit Entry Fees: The BMR unit Entry Fees listed in Table I and Table II are based on a 47% discount from the initial market-rate Entry Fees for one-bedroom units with one bath that Owner intends to charge; thus the average market rate one bedroom independent unit will have an Entry Fee of approximately $565,000 and the average assisted living market rate unit will have an Entry Fee of approximately $594,000. Amortization of BMR Entry Fees Over 60 Months: Entry Fees for the market rate purchasers will be sold by Owner based on a guaranteed return of 90 percent of the purchaser’s original investment, whereas the BMR residents’ Entry Fees will be amortized over 60 months with a prorated share of the Entry Fee deducted for each month of occupancy. For example, if the BMR Entry Fee is $265,000, then $4,417 becomes non-refundable for each month of occupancy. Thus, after 60 months of occupancy, the BMR resident will not receive back any of his or her original Entry Fee, while market rate residents will always receive 90 percent of their original Entry Fee regardless of how long they reside at 899 Charleston. A large portion of what a person is purchasing when they enter a congregate care facility with the 90 percent lifetime refundable pricing is the abilky to preserve almost all of one’s capital investment and many seniors are willing to pay substantially higher for this feature. 8. Inflation Increases on the BMR Entry Fees: Entry Fee Increases Using CPh Increases in the Entry Fee for Independent Living BMR Units and Assisted Living BMR Units shall be limited to that percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco, Oakland, San Jose area as published by the Bureau of Labor Statistics. The Base Index for all 24 BMR units shall be the CPI in effect as of the date that PC zone ordinance for the project becomes effective (the "Effective Date") (normally this is 30-days after the second reading of the ordinance by the City Council). The CPI in effect as of the date that the initial BMR occupant places their required twenty (20) percent deposit on their unit and executes a binding contractual commitment to move into 899 Charleston will be the CPI index used to calculate the percentage difference from the Base Index to determine the initial purchaser’s exact Entry Fee. For each subsequent BMR purchaser, the Entry Fee shall be adjusted using the percentage difference between the CPI Index (the "Current CPI Index") in effect as of the date that the subsequent BMR occupant places their required twenty (20) percent deposit on their unit and executes a binding contractual commitment to move into 899 Charleston and the prior BMR resident’s Current CPI Index. Table III: Example of CPI Adjustment of Entry Fees Unit Type: B4; 860 SF One Bedroom Independent Living Unit Base 2006 Entry Fee $322,000 [All CPI figures are hypothetical] Base CPI 226.8 As of PC Zone Effective Date (lSt.) Current CPI 230.6 As of lst. Purchaser’s Deposit Date Difference 3.8 points S:\PLANkPLADIV~Advance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doc Page 6 of 20 Percentage Increase over Base CPI Dollar Increase in 2006 Base Entry Fee 1 st. Purchaser’s Entry Fee (2ha.) Current CPI Difference Percentage Increase over 2ha. Current CPI Dollar Increase in 1 st. Entry Fee 2ha. Purchaser’s Entry Fee 1.0676% $3,438 $325,438 240.7 10.1 points 4.3800% 3.8 / 226.8 $322,000 times 1.0676% $322,000 + $3,438 As of 2na. Purchaser’s Deposit Date 10.1 / 230.6 = .04380 = 4.3800% $14,254 $325,438 times 4.3800% $339,692 $325,438 + $14,254 Cap on Entry Fees: In no event, shall a BMR unit’s the Entry Fee (as adjusted by the above CPI calculations) exceed 75% of the average market-rate Entry Fees for one-bedroom units in effect at the time of each CPI adjustment. Additional Entry Fee per Additional BMR Resident in a Unit: An additional Entry Fee of $20,000 will be assessed for each resident of a BMR unit over the first person. The $20,000 charge may be increased annually by the percentage increase over the Base CPI. An additional (returnable) garage fee of $20,000 per car will be charged. 9. Monthly Rent, Meals and Service Charge Discount for BMR Residents: BMR residents will receive a discount for rent, meals and service charges (the "Monthly Charges") so that the Base Monthly Charge for a BMR unit occupied by one person is $2,430 per month. The Additional Monthly Charge for a second person in a BMR unit is $700 per month. $2,430 per month represents the following percentages of monthly gross income for a single person household at each of the following income levels of seniors: (1)Very Low Income (50% Area Median Income / AMI) = (2)Lower Low Income (60% AMI) = (3)Moderate Low Income (70% AMI) = (4)Higher Low Income (80% AMI) = (5)Lower Moderate Income (100% AMI) = (6)Higher Moderate Income (120% AMI)= 79% of Monthly Income 66% of Monthly Income 56% of Monthly Income 49% of Monthly Income 39% of Monthly Income 33% of Monthly Income The levels of Basic Services for residents of Independent Living Units are set forth in Attachment B, subject to adjustments as set forth in Section 10 of this Summary. The levels of Services for residents of Assisted Living Units are set forth in Attachment C, subject to adjustments as set forth in Section 10 and Section 11 of this Summary. 10. Increases in Total Monthly Charges for Existing BMR Residents: a) Subject to the overall limit that total Monthly Charges may not exceed 80% of the 899 Charleston Project’s market-rate Monthly Charges for occupancy of a comparable unit, annual increases in total SAPLAN~PLAD1V~_dvance Planning~CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doc Page 7 of 20 Monthly Charges will be allowed for existing BMR residents in accordance with the Senior Living Price Index (the "Senior Index") adjustment described below. b) The Senior Index shall be calculated as an average of the Annual Cost Index published by the following organizations: 1)American Seniors Housing Association 2)American Association of Homes and Services for the Aging 3)National Investment Center for Seniors Housing & Care Industries c) If the listed organizations cease publishing, at least once per year, an index of the cost of monthly charges for CCRC facilities then the CPI-U Index used for the increases in the Entry Fee shall be used to calculate increases in the Monthly Charges. d) Calculation of Increases in Monthly Charges: Increases in Monthly Charges shall be calculated annually in order to become effective each July 1. The annual Monthly Charges increase shall not exceed an amount equal to the percentage increase in the "Senior Index" as defined herein from the prior year’s Base Senior Index to the latest Senior Index available as of the Calculation Date. The following is a sample, hypothetical calculation of an annual Monthly Charges increase: (1) Senior Index Available as of April 1 = 242.5 Less: Senior Index as of prior year’s April 1 =(225.2) Difference-- 17.3 (2)17.3 / 225.2 = .076821 (3)7.68% equals the annual permitted Monthly Charges increase in percent (4)$2,500 (Current Monthly Charges paid by BMR residents) times x 7.68% = $192.00 Maximum increase for the Monthly Charges (round to nearest dollar) (5) New Monthly Charges = $2,692.00 [$2,500 + $192] e) Owner shall calculate the annual Monthly Charges increase on April 1 of each year and provide such calculations to City for its review and confirmation of the permitted maximum increase. If the City does not confirm with Owner by April 30th the new Monthly Charges, Owner may implement a Monthly Charge increase that complies with the formula. For the initial year after completion and occupancy of the BMR Units, the annual Monthly Charge increase percentage shall be prorated from the Effective Date to the April lst" before initial occupancy, as necessary to account for the first period of Senior Index changes being more or less than 12 months. f) The resulting BMR Monthly Charges is the maximum applicable to existing BMR residents over the 12-month period following the annual anniversary of the each Monthly Charge change. However, the Monthly Charges for an existin~ BMR resident may not be increased more than once in any 12-month period. Owner must provide the BMR residents with a 60-day minimum written notification of any Monthly Charge increases. S:\PLAN~PLADIVLa~dvance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doe Page 8 of 20 g) Monthly Charges less than the maximum allowed may be charged for the BMR Units, at Owner’s discretion. With prior notice to the City, Owner shall have the right to increase the Monthly Charges for an existing BMR resident in excess of the amount allowed for the current year by the above formula in order to catch-up with Monthly Charge increases not taken in prior years. 11. Increases in Total Monthly Charges for New BMR Residents: Monthly Charges for New BMR residents (for the new residents first 12 months of occupancy) shall be calculated by using the initial Base Monthly Charge of $2,430 per month and adjusting the $2,430 by the percentage change in the Senior Index from the Effective Date to the date that the new BMR occupant places their required twenty (20) percent deposit on their unit and executes a binding contractual commitment to move into 899 Charleston. 12. Charges for Higher Levels of Assisted Living Services: Owner agrees to provide all BMR residents with its higher levels of assisted living services through to Level 1,as their health needs increase, services beyond Level 1 may be charged depending on the ability of the BMR resident to pay. Consistent with the 899 Charleston Service Mission outlined in Paragraph 5, the occupancy of any resident will not be terminated because of their lack of ability to afford the monthly costs of services. 13, BMR Income and Asset Limits: a) Applicants for the BMR Program will need to qualify within maximum income and asset limits prior to occupancy or, if already a market rate resident, then prior to being officially designated by Owner as a qualified resident of one of the 24 BMR units. BMR residents do not need to be certified annually to remain qualified for the lower Monthly Charges provided by the BMR Program. b) Two Income Limit Categories: There shall be two (2) different income level categories for applicants for the 24 BMR units: 1) Lower Moderate Income - Household Income Up to 100% of AMI; and 2) Higher Moderate Income - Household Income Up to 120% of AMI While the units in a CCRC are not ownership housing units legally and the residents do not purchase their units, but rather pay an entry fee, for the purposes of the BMR program administration, the income limit and asset limit policies used in the BMR purchase program will be used, with some modifications for completing income certifications and qualifying BMR applicants for residency in 899 Charleston. As shown in Table IV below, 12 of the 24 BMR units must be occupied by households with incomes certified prior to initial occupancy as not greater than 100% of the AMI. Households with incomes below 100% of the AMI will be eligible to occupy the remaining 12 units, but these units will also be available to households with incomes up to 120% of AMI. Table IV: Income Limit Categories & Allocation of Unit Types Unit Types for Each Lower Moderate Income Applicants Higher Moderate Income Income Category (Up to 100% of AMI)Applicants (Up to 120% of AMI) Independent Living Type G - 4 units Type A ,- 1 unit on 4th Floor Type A - 2 units on 2nd. & 3rd. Floors Type B - 4 units S:\PLAN\PLADIVkAdvance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5),doe Page 9 of 20 Assisted Living Type J, J1, J2 - 6 units Total: 24 Units 12 units Type M- 1 unit Type K, K1, K2 - 6 units 12 Units c) Income Certification: The Area Median Income (AMI) used for income certifications shall be the AMI for Santa Clara County as published (usually annually) by the Department of Housing and Community Development of the State of California (State HCD) for a 4 person household (the 100% of AMI) as adjusted for 1 and 2 person households. Attachment E contains the current (2006) income limits for the 100% and 120% levels. Owner shall have all BMR unit applicants prepare and submit documentation of their income and assets. The City, or its designee, shall review and approve the income and asset certification documentation and make the final determination of a household’s eligibility for occupancy of a designated BMR unit prior to the applicant’s occupancy of the unit. Each BMR applicant’s household income and assets shall be certified according to procedures of the HUD Section 8 rental assistance program except as modified by this Summary. Both taxable and non- taxable gross income shall be included in determining whether the applicant qualifies for the BMR program. Attachment F shows examples of income and assets (both taxable and non-taxable) that must be included for income certification purposes. d) Gift Income and Financial Support from Others for Applicants: Regular girls and other financial support provided by family or others for the financial support of a BMR applicant shall be included in the applicant’s total gross income subject to the income limit. If another person provides (or will provide, once the applicant resides at 899 Charleston, over fifty (50) percent of an applicant’s financial support, then the total gross income of the household of the person providing the support shall be the determining income to qualify the applicant for the BMR program. The maximum household income limit of the household providing over 50 percent of an applicant’s support may not exceed the 120 percent of AMI level adjusted for household size. Asset Limits: The regular BMR purchase program has a maximum asset limit for seniors (persons 62 years of age or older) of 200 percent of the purchase price of the BMR unit. Assets and funds belonging to the applicant to be used as a downpayment or purchase price are not included in the funds subject to the Asset Limit test. The BMR purchase program’s asset limit formula will also apply to BMR applicants at 899 Charleston. Maximum Asset Limits for 899 Charleston: A BMR applicant’s total assets must not exceed the Asset Limit for the BMR unit which they will be occupying and that limit is: 200 percent of the unit’s Entry Fee. Funds belonging to the applicant that will be used to pay the Entry Fee will be excluded from the applicant’s maximum asset limit. Funds (whether by loan or gift) being provided by family or others to pay all or a portion ofa BMR applicant’s Entry Fee will count as part of the applicant’s total assets in determining whether the applicant meets the Asset Limit test. 14.Preferences for Selection of BMR Residents: S:kPLANkPLADIV~Advance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doc Page 10 of 20 Preferences for the selection of BMR Residents shall be given by Owner to applicants in the following order consistent with established past practice in the BMR program: (1) First, to applicants that are current residents and / or are employed within the city limits of the City of Palo Alto (this includes BMR program qualified 899 Charleston Project residents that are paying market rates); (2) Second, to applicants who retired from a job located within the city limits of the City of Palo Alto, including former employees of the Palo Alto Unified School District; (3) Third, to applicants with an adult child or caregiver that resides and / or is employed within the city limits of the City of Palo Alto; (4) Fourth, to other qualified applicants. 15. Waiting List & Selection of BMR Residents: Owner shall be responsible for advertising vacancies in the BMR Program, providing information to prospective BMR applicants and maintaining a waiting list for the BMR Units, if there is sufficient demand for the Program. Owner shall publicize the BMR Program to create awareness among low and moderate-income seniors residing in Palo Alto. Contacts shall be made, and information provided on a regular, ongoing basis with local managers of subsidized, independent living senior housing projects and with providers of social services to seniors, such as Avenidas and La Comida. Information about the Program shall also be regularly provided to local information and referral agencies, public libraries and the City’s Family Resource Center. 16. Informational Materials: Owner shall provide information, in writing, to interested households and to prospective BMR residents at the time of submittal of an application for residency regarding the conditions and restrictions applicable to occupancy of the BMR Units. This informationshall include: (1) the entry fee for the available BMR Units; (2) the current monthly rate for BMR Monthly charges for new BMR residents; (3) the methodologies and formulas for calculation of annual increases to the Monthly Charges for existing BMR residents, (4) the qualifying income and asset limits, and the requirement for an initial income and asset certification prior to acceptance as a BMR resident; (5) the income limit groups; (6) the preferences for BMR applicants; and (7) Owner’s waiting list procedures and standards for resident screening and other relevant information as Owner may desire, or the City may require in the future. Owner shall submit all informational materials and forms of its residency agreements, resident handbook and rules for the 899 Charleston Project to the City for approval prior to use. If the City does not comment or approve such materials within 30 days of submittal by Owner, then the materials shall be deemed approved by the City. S:kPLANkPLADIV~Advance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doe Page 11 of 20 17. Construction, Finishing, Amenities: Except for the BMR Unit sizes and the location of the BMR Units, as set forth in Paragraph 6, the BMR Units shall be comparable in all aspects to the market-rate housing units including, but not limited to, construction, quality appliances, cabinets, bathroom fixtures, appearance, flooring materials, finish work, amenities, storage units, parking spaces and access to all facilities. Valet parking is available on an equal basis to both BMR and Market Rate Residents. Prior to occupancy of the BMR Units, the City, or its designee, shall inspect the BMR Units to determine that they meet the construction and finishing standards stated in this BMR Agreement, and the City Manager shall approve the acceptance of the BMR Units into the BMR Program. 18. City’s Program Administrator: The Department of Planning and Community Development administers the BMR Program. The City’s contract program administrator for the BMR Program is the PAHC Housing Services, LLC. The City may assign any, or all, of the administrative duties for the BMR Program at 899 Charleston (including review, approval and monitoring functions), to its program administrator or other designee. 19o Annual Report of BMR Program: Owner shall prepare and submit to the City, on an annual basis, a report covering the statistics about the BMR residents, the waiting list, the BMR Entry Fees, the BMR Monthly Charges and actual data as needed to comply with the provisions of this Summary regarding market-rate Entry Fees and Monthly Charges for comparable units, and other information, in a form specified by the City. 20. City’s Right to Monitor and Audit the BMR Program: The City, or its designee, shall have the right to periodically monitor and audit Owner’s management and implementation of the BMR Program to determine whether the correct procedures and rules are being followed. The City may examine the residents’ income certification files, verify that the correct BMR rates are being charged, review the designation of BMR Units and monitor other matters, as necessary, to determine compliance with the BMR Agreement. Owner shall cooperate fully with the City, or its designee, in the monitoring, review and auditing of the BMR Program. 21. Enforcement of the BMR Agreement and Remedies for Non-Compliance: Should the City find that there is non-compliance with the BMR Program requirements and procedures, the City shall provide Owner notice, in writing, of the problems and an appropriate period of time (depending on the nature of the problem) to achieve compliance with the BMR Agreement. S:\PLAN~PLADIVL~.dvance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doc Page 12 of 20 If Owner does not achieve satisfactory compliance with the BMR Program Agreement within the time period set by the City, or if Owner demonstrates repeated or an ongoing lack of staff capacity and capability to administer the BMR Program, then the City reserves the right to directly perform, review or contract with a third party for the performance of any, or all, of the administrative tasks necessary to implement the BMR Program. Such tasks may include, but are not limited to, the preparation of informational materials, conducting the initial income and asset certifications, the calculation of total charges and annual increases and other related tasks. Owner will remain completely responsible for selecting the BMR residents, determining their suitability for independent and assisted living, conducting Owner’s normal resident screening process unrelated to the BMR Program and enforcement of the terms of the residency. Should the City find it necessary to take over the administration of the BMR Program, Owner agrees to reimburse the City for its costs of such administration at the City’s standard billing rates for time, overhead and materials. The City may contract with a third party to perform these tasks, and Owner agrees to reimburse the City for the costs of such contracted work, in addition to the City’s costs for review and oversight of the Program. The recorded BMR Regulatory Agreement will contain a provision for the assessment of penalties against Owner for non-compliance with the BMR rules and requirements based on gross or deliberate negligence or fraud in the administration of the BMR Program. 22. Guidelines, Administrative Procedures and Interpretations: The City may, from time-to-time during the term of the BMR Regulatory Agreement, adopt or approve guidelines, procedures and interpretations affecting the implementation of the BMR Program, in general, and its implementation in the Project, in particular. Owner shall not unreasonably refuse to follow such revised guidelines, procedures and instructions from City. However, the calculation of the maximum BMR Entry Fees and charges for BMR Monthly Services, and the designation of unit types for BMR resident occupancy, shall not be changed without an amendment to the BMR Regulatory Agreement, which shall require the consent of both Owner and City. 23. Term of Agreement: The term of the recorded BMR Regulatory Agreement shall be 59 years, commencing on the date of first occupancy of any portion of the Project. 24. Provision of BMR Agreement to be Binding on 899 Charleston: Owner and the Director of Planning and Community Environment have discussed and negotiated the terms of this Agreement, and each of the parties signature(s) on the attached letter confirms their agreement with these provisions. This letter, and this Summary Agreement, will be a part of the City Council’s agenda packet at its public hearing on the Project and referenced in the TKCJL Conditions of Approval. S:\PLAN~PLADIVL~dvance Planning\CJL - 899 Charleston Final BMR S£mm 9-6-06 (5).doc Page 13 of 20 25. BMR Regulatory Agreement to Be Recorded: Prior to issuance of the first Building Permit for the 899 Charleston Project, a detailed BMR Regulatory Agreement shall be prepared in a form satisfactory to the City Attorney (based upon the City Council’s direction and action in approving the Project). The BMR Regulatory Agreement will be executed by Owner and the City, and recorded against the 899 Charleston Property. The BMR Regulatory Agreement will include the provisions of this Summary Agreement, with any modifications made by the City Council. The BMR Regulatory Agreement will be a contractual obligation of Owner and its successors-in-interest, and shall run with the land. It is City policy to require that lenders, and other parties with secured interests in the 899 Charleston Project, subordinate their interests to the City’s BMR Regulatory Agreement. LIST OF ATTACHMENTS A B C D E F Property Description [to be included in recorded BMR agreement] General Description of Basic Services for Independent Living Residents at 899 Charleston General Description of Assisted Living Basic Services Description of Designated BMR Units Income Limits for 899 Charleston for 2006 Examples of Income (Taxable and Non-Taxable) and Assets that Must be Considered to Determine Qualification as a BMR Resident S:LPLAN~PLADtV~Advance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doc Page 14 of 20 Attachment A Property Description [To be included in recorded BMR agreement] S:\PLAN\PLAD1VL~dvance Planning\CJL - 899 Charleston Final BMR Summ 9-6-06 (5).doc Page 15 of 20 Attachment B (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) General Description of Basic Services for Independent Living Residents at 899 Charleston Three meals served in common dining rooms; monthly charges include a meal plan which allows for resident feasibility. Weekly housekeeping and trash removal. Weekly laundry of towels and linens. Varity of physical fitness, creative, social, learning and spiritual activities and programs, and classes available on-site. Transportation available for medical appointments and individual recreational outings on a pre- arranged or scheduled basis. Tray service for meals in one’s apartment after a hospital stay and during a temporary illness. Resident-sponsored clubs and a resident association. Periodic health checks and screening. Trained staff available 24-hours a day for assistance in an emergency. Valet parking. Attachment C (1) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) General Description of Assisted Living Basic Services (In Addition to Independent Living Basic Services) Personalized One-On-One Services and Assistance Based on Regular Evaluations of the Resident’s Needs: Conducting regular and periodic assessment of needs. Medication management - ranges from reminders and supervision to complete storing, ordering, handling and dispensing of all medications. Dressing and clothes selection assistance. Personal hygiene and grooming assistance (showering, bathing, care of teeth and dentures). Socialization activities, including specific activities for residents with mild memory impairment. Mobility and transferring assistance - particularly for residents using walkers and wheelchairs, or especially prone to falling. Escort services for daily walks, shopping, doctor visits, errands or group recreational outings. Complete personal laundry services. Physical fitness classes and therapy oriented to the physically frail. Reminders and cues for daily meals and activities - wakeup and bedtime checks. Continence management. Staff trained in working with frail seniors and those with early stage dementia or mild memory problems. Dining areas tend to seat fewer residents and are located more closely to the apartments. Assisted living facility floor plans tend to be easy to navigate, with most of a resident’s daily needs and activities being located in close proximity to their apartment or with staff available to assist with moving around the facility. Attachment D Description of Designated BMR Units [Insert 2 page file] Attachment E Income Limits for 899 Charleston for 2006 Lower Moderate Income Higher Moderate Income Limits Limits Household Size 100 % AMI 120% AMI 1 $73,900 $88,600 2 $84,400 $101,300 3 $95,000 $113,900 4 $105,500 $126,600 5 $113,900 $136,700 6 $122,400 $146,900 AMI = Area Median Income for Santa Clara County. The AMI for a 4-person household as of 4/06/06 as published by State HCD if $105,500. All income limits are derived from the $105,500 using household size factors issued by HUD and State HCD & are rounded to the nearest $100. Attachment F Examples of Income (Taxable and Non-Taxable) and Assets That Must Be Considered to Determine Qualification of a BMR Resident The HUD guidelines for the Section 8 rental assistance program shall be used in calculating income and assets, except as modified in this BMR agreement and this Attachment F. Gross Income Will Include, but Not Be Limited To: 1) Pension income 2) Gross social security (before deductions for Medicare insurance) 3) Interest 4) Dividends 5) Capital gain distributions from mutual funds 6) Gross Annuity payments 7) Gross Distributions from IRA accounts 8) Distributions from 401 (k), 457 and other retirement savings plans 9) Net self-employment income (before depreciation) 10) Wages and Salary Income 11) All Net rental income from personal or real property (before depreciation) 12) Net profits from sale of investment assets such as stocks and bonds 13) Gift income 14) Trust income 15) Payments from a long-term care insurance policy 16) If not included in the above list, income from assets (excluding the personal property of the applicant) will be calculated at the greater of: a.2% per year times the market value of the asset, or b.The actual net income produced by the asset 17) Other forms of income not specifically listed above Typical 1) 2) 3) 4) 5) 6) 7) 8) Assets Subject to the Limitation on Assets: Cash in bank accounts, savings, money market accounts, etc. Mutual funds IRA accounts Deferred Compensation, 401 (k) accounts and similar retirement savings accounts Cash value of life insurance policies Cash value of annuities, if any Value of a business owned Investments in gold, coins, original art, diamonds, etc., if the total value of such assets exceeds fifty thousand dollars ($50,000) 9) Equity in all real property owned, including a current or former personal residence 10) Expected distribution as a beneficiary of an estate or trust 11) Automobiles, other than one auto per household for personal use 12) Other assets, not listed 13) Personal property such as household goods, furniture, clothing and personal items including one automobile for personal use, and reasonable amounts of china, crystal, silver pieces and collectibles is excluded from assets subject to the asset limits. Attachment F APPROVAL NO. 2006-0009 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 901 SAN ANTONIO ROAD: TAUBE- KORET CAMPUS FOR JEWISH LIFE PROJECT TENTATIVE MAP 06PLN-00114 (TAUBE-KORET CAMPUS FOR JEWISH LIFE, 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 (approximately eight and one half acres) and create one mixed-use lot containing 193 multiple-family congregate care and assisted living condominium units and a community center, making the following findings, determination 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 the Taube-Koret Campus for Jewish Life, (TKCJL), this project involves the subdivision of one parcel (approximately eight and one-half acres) and the creation of one mixed-use lot containing 193 multiple-family congregate care and assisted living condominium units and a community center. The density of the lot would be approximately 23 dwelling units per acre. These densities would be allowed under the Planned Community zone district, which the applicant has requested for this site. Of the total units proposed, 24 units would be dedicated as Below Market Rate (BMR) units for senior citizens. Fourteen (14) separate floor plans are proposed within the two types of residential units. The congregate care units would contain five (5) floor plan types and the assisted living units would contain nine (9) floor plan types. All of the units would be in four story buildings located above the at-grade parking facility. The unit sizes in each housing type would range from 377 to 1,742 square feet within studios and one to three bedroom configurations. The parking garage would contain approximately 610 parking spaces for the residents and visitors to the community center. 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 (05PLN-00295) . Because the request is to create more than four condomlnium units, this request cannot be processed administratively through the Director and requires review by the Commission 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. D. These dedications would be reviewed and recorded during the Final map process. The Final map would describe the terms and conditions 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. The Commission recommended approval on a 6-0-G-I vote. SECTION 2. Environmental Review. A Final Environmental Impact 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 25, 2006. 2 SECTION 3.Tentative Map Findings. A legislative body of a city shall deny approval of a Tentatlve 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 improvement 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, Policies 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 community center, and would do so in a way that would be consistent with the PC Development Plan and FEIR. The project site, at approximately eight and one-half acres with street frontage on Fabian Way, San Antonio Road and Charleston Road could support the Project and lmprovements. 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 and create one mlxed-use lot containing 193 multiple-family congregate care and assisted living condominium units and a community center. 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 habitat: The subdivision of the parcel and creation of congregate care and assisted living 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. That the design of the subdivision 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 zhe Tentative Map prepared by BKF Engineers, Surveyors, Planners titled ~Tentative Map: Taube Koret Campus for Jewish Life", consisting of eight pages, 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 preliminary copy of restrictive covenants (CC&Rs) shall be submitted for review an the time of Final Map submittal. 3. The applicant shall adhere to the requirements of the Below Market Rate (BMR) Letter Agreement, dated , 2006. In addition, a formal BMR Agreement, including the identification of the locations of the BMR units and provlsions for their sale, shall be prepared in a form satisfactory to the City Attorney, executed by TKCJL 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. 5 Department of Utilities 5. In consultation with the Departments of Utilities and Plannlng 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 Engineering, Planning, Fire, and Transportation Departments after approva! 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 ~n 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 diszance, at a minlmum 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 explre 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:APPROVED: City Clerk APPROVED AS TO FORM: Director of Planning and Community Environment Senior Deputy City Attorney PLANS AND DRAWINGS REFERENCED: Those plans prepared by BKF Engineers, Surveyors, Planners titled ~Tentative Map: Taube-Koret Campus for Jewish Life", consisting of eight pages, dated June 22, 2006 7