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HomeMy WebLinkAboutStaff Report 7705 City of Palo Alto (ID # 7705) City Council Staff Report Report Type: Action Items Meeting Date: 3/27/2017 City of Palo Alto Page 1 Summary Title: PUBLIC HEARING: 900 N. California Avenue Appeal Title: PUBLIC HEARING. 900 N. California Avenue [15PLN-00155]: Appeal of the Planning and Community Environment Director's Architectural Review Approval of Three new Single-Family Homes, one With a Second Unit. Environmental Review: Categorically Exempt per CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures), Zoning District: R-1 From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council adopt the Record of Land Use Action in Attachment N, thereby denying the appeal, upholding the Director’s approval of an Architectural Review application based on a modified design removing two of the three previously proposed basements, and finding the proposed project exempt from review under the California Environmental Quality Act. Background This report relies upon and transmits previously prepared staff reports and other information related to the project and the requested appeal. The project, in summary, is a request to construct three new homes at the subject address. One of the residences includes an accessory dwelling unit. The parcel is one large lot with three existing homes. Applicant has received approval to subdivide the parcel into three lots. A separate architectural review application was reviewed by the Architectural Review Board (ARB) and approved by the director. This decision was ultimately appealed. The appellant’s reasons for the appeal are included with this report (Attachment B). City of Palo Alto Page 2 Pursuant to city procedures, the appeal was considered on consent, first on January 9th and again on January 23rd. Public testimony provided on the 23rd encouraged the Council to hold a public hearing on the project based on two primary concerns 1) related to de-watering for three proposed basements, and 2) a lack of neighborhood awareness of the Architectural Review Board (ARB) hearing held on September 15, 2016. Following the Council’s decision to consider the appeal, the applicant has reported meeting with neighbors and has modified the project to remove the basement from two of the three proposed homes. The applicant has submitted revised drawings to reflect this change (Attachment M). The plans show minor changes to the first floor, however, no changes have been made to the second floor. A condition of approval memorializing this change has been included in the Record of Land Use Action (RLUA) (Condition #2 in Section 5 of Attachment A). More recently, on March 7, 2017, the City Council adopted new standards and protective measures for testing and monitoring temporary construction-related dewatering. The RLUA has been updated to include a condition requiring compliance with this ordinance and other policies related to dewatering (Condition #3 in Section 5 of Attachment N). While there may be other neighborhood-related concerns associated with the project, the principal concern regarding dewatering appears to be mitigated based on the revised plans and recent council action on dewatering policies. The RLUA also includes other conditions related to tree preservation, approval of a construction logistics plan, and a variety of other standard conditions. Staff received correspondence from the appellant on March 12, 2017, indicating that they are pleased the applicant is volunteering to eliminate two of the three planned basements. The appellant continued, stating that “throughout the neighborhood the overwhelming consensus is that development of this property is welcomed, as long as it does not involve broad area dewatering.” Attachment P contains the draft project plans without basements. Based on the foregoing, staff recommends the City Council approve the project based on the revised plans and accompanying RLUA. Environmental Review The proposed project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15303(a) (New Construction or Conversion of Small Structures). Attachments: Attachment A: Location Map (PDF) Attachment B: Appeal Letter (PDF) City of Palo Alto Page 3 Attachment C: Excerpt Minutes of September 15, 2016 ARB Hearing (DOC) Attachment D: Tentative Approval Letter with Findings and Conditions (PDF) Attachment E: ARB Hearing Notice (PDF) Attachment F: Director's Decision Notice (PDF) Attachment G: On-site Project Signage (DOCX) Attachment H: Palo Alto Weekly Publication September 2, 2016 (PDF) Attachment I: Project Details (DOCX) Attachment J: Project Plans (DOCX) Attachment K: Excerpt Action Minutes of November 14, 2016 Council Hearing (DOCX) Attachment L: Signed Record of Land Use for Parcel Map (PDF) Attachment M: Council Questions & Responses (PDF) Attachment N: Draft Record of Land Use Action (DOCX) Attachment O: January 9th, 2017 Staff Report (DOCX) Attachment P: Draft Project Plans - No Basements (PDF) City of Palo Alto Page 1 Excerpt Minutes of September 15, 2016 1 Architectural Review Board 2 3 4 5 6 7 8 9 900 N California Ave [15PLN-00155]: Request by Kohler Associates Architects, on behalf of Greg Xiong, 10 for Architectural Review of three single-family homes to replace three existing homes. Environmental 11 Review: Categorically Exempt per CEQA Guidelines Section 15303(a) (New Construction or Conversion 12 of Small Structures). Zoning District: Single Family Residential District (R-1). For more information 13 contact the planner, Adam Petersen, at APetersen@m-group.us. 14 15 Adam Petersen reviewed details of the proposed project. Staff found the project to be consistent with the 16 Comprehensive Plan, the Individual Review guidelines for single-family homes and the Zoning Code 17 Development Standards. Staff recommended the Architectural Review Board recommend the Director find the 18 project exempt from the California Evaluation Quality Act and recommend approval subject to the conditions 19 and findings of approval. 20 21 Roger Kohler, Kohler Associates Architects, noted the project had been subjected to the Individual Review 22 process. Jeff Kuo described the neighborhood context, the design concept, and details of the three houses. 23 24 Board Member Baltay requested staff provide the history of review of this project. Ms. Gerhardt clarified that 25 the City's IR architect had reviewed the project and provided comments. Board Member Baltay inquired 26 whether the Board could assume that the IR process would approve the project or if the Board should make 27 that determination. Ms. Gerhardt explained that the same guidelines applied to an Individual Review as an 28 Architectural Review. 29 30 Board Member Kim requested an explanation for Condition of Approval 3A. Ms. Gerhardt referred to an 31 interpretation of the allowed basement under the footprint of buildings. An applicant was allowed to complete 32 the square in two areas where those were under an entry porch or a back porch. In this floor plan, there 33 wasn't a sliding glass door or something to that extent to make it an entry. Board Member Kim reiterated that a 34 door was being required so that it was an entry. 35 36 Board Member Furth inquired regarding the minimum lot size. Ms. Gerhardt indicate the minimum lot size was 37 6,000 square feet and the maximum was 9,999 square feet. 38 39 Vice Chair Lew requested the logic for the placement of the garage and the guest house on Lot 3. Mr. Kohler 40 indicated that combining them resulted in a fairly large building. Two separate buildings allowed plantings and 41 trees, and the home had more of a backyard feel. Vice Chair Lew added that one building would be large and 42 low to meet daylight plane requirements. Mr. Kohler noted the maximum allowed height was 12 feet. Vice 43 Chair Lew inquired regarding a minimum separation between accessory buildings. Ms. Gerhardt advised of a 44 minimum separation for accessory structures of 3 feet. The minimum separation for a second dwelling unit was 45 12 feet from the main dwelling. 46 47 Board Member Kim asked if there was a reason the secondary dwelling unit was not built to 900 square feet. 48 Mr. Kohler indicated floor area limits prevented a larger building. Board Member Kim added that increasing the 49 size of the secondary dwelling unit would not exceed the total floor area. Mr. Kohler asked if Board Member 50 Kim was encouraging him to build to the maximum size. Board Member Kim was encouraging secondary 51 dwelling units that would serve a second family as best as possible. Mr. Kuo clarified that the allowable floor 52 area was 4,777 square feet. Board Member Kim was mistakenly looking at lot coverage only. 53 City of Palo Alto Page 2 1 Board Member Baltay inquired regarding the width of the driveway easement on Lot 3. Mr. Kuo responded 10 2 feet 10 inches. 3 4 Greg Xiong stated the existing structures were not a good use of those sites. He proposed living in one of the 5 homes and selling the other two. 6 7 Board Member Kim indicated the IR process addressed most issues. Some sheets for Lot 1 had the wrong 8 address. On Sheet A5, part of the roof plane was shown incorrectly. He felt the project would dramatically 9 change the intersection. He was interested in seeing 3D site perspectives showing the three homes in relation 10 to neighboring single-story homes. Considering the size of the homes, he did not like the garage placement on 11 Lot 2 with the side entry. The proposed homes were large; yet, Lots 1 and 2 had only single-car garages. The 12 garage and guest house on Lot 3 needed more thought. 13 14 Vice Chair Lew liked the design of project. The porches were very desirable and would make the neighborhood 15 look better. Blending the two-story mass with one-story hipped roofs helped tie the house into the 16 neighborhood. His only issue was the Lot 3 guest house. There was little privacy from the adjacent house as 17 the structure was located only 6 feet from the property line. He suggested adding a buffer or moving the 18 building back for landscaping or a taller fence. Ms. Gerhardt reported staff had not received any comments 19 from neighbors. 20 21 Board Member Furth agreed the project would be quite a transformation of the corner. She could not find 22 "guest house" in the City's glossary. Ms. Gerhardt indicated the proper term was second dwelling unit. Board 23 Member Furth suggested marking those as second dwelling units so the Board could understand which 24 standards to apply. The relationship between Lot 3 and 920 California Avenue was problematic. The proposed 25 structures would surround a small, low-key house on two sides. She could not make the finding that it 26 adequately addressed the neighboring issue. Lot 3 would require significant screening/landscaping on the north 27 side, which would require widening the driveway. The same applied to the accessory dwelling unit. She 28 inquired whether one of the covered spaces was required for the accessory dwelling unit. Mr. Petersen advised 29 that the Code required one parking space in the garage and one outside the garage. Board Member Furth felt a 30 garage shared by two separate uses should be a divided space. She would not want to approve the project 31 without a bifurcated garage. She expressed some concern that the design of the house made it look bigger 32 than the square footage needed to look. Replacement houses along California Avenue were set back and low 33 key. The three proposed homes were not differentiated, but appeared to be built as a set of three. 34 35 Board Member Baltay shared Vice Chair Lew's sentiment that the homes were handsome and fit into the fabric 36 of the community. He liked the wrap-around corner porch on Lot 2 as well as the plaster finish with curved 37 eave detailing. That provided a notable corner. He did not share the sentiment that the three homes were 38 sufficiently different. They were clearly individually designed for individual circumstances. He could support the 39 project overall. The driveway space on Lot 3 was too narrow and needed a minimum of 12 feet for landscaping 40 between the driveway and the neighboring home. The driveway needed more space to be usable. Perhaps the 41 applicant could narrow the house a bit. The guest house and garage were not thought out. He would prefer to 42 move the project forward subject to some small changes. 43 44 Vice Chair Lew inquired whether the Board could approve the project and have changes return on the consent 45 calendar or to the subcommittee for review. The Board discussed modifications to the design and whether 46 those modifications could be submitted to staff, the subcommittee or the Board on the consent calendar. 47 48 Chair Gooyer viewed a five-bedroom house with a one-car garage as an invitation for cars to park everywhere; 49 however, the Code allowed that. The proposed homes were large, but most newer homes in the area were 50 similar. 51 52 MOTION: 53 City of Palo Alto Page 3 1 Board Member Baltay moved, seconded by Vice Chair Lew, that the Architectural Review Board make the 2 findings in the Staff Report and approve the project with an additional finding that (1) the house on Lot 3 be 3 shifted so that there is a minimum of 12 feet between the property line and the house; (2) a landscape buffer 4 be installed on the left-hand side of the driveway; and (3) the design of the guest house and garage return to 5 the Architectural Review Board subcommittee for final review. 6 7 Board Member Furth offered an amendment that the garage have two separate spaces. Board Member Baltay 8 felt that had not been required previously. 9 10 MOTION PASSED: 3-2 11 ATTACHMENT G ONSITE SIGNAGE 900 North California Avenue / File No. 15PLN-00155 The sign was first posted onsite in April 2015, it was damaged and fell on the ground sometimes after the winter season. The applicant fixed the sign and updated the plans and put on the site again in early September this year. The photos below were taken on December 19, 2016: ATTACHMENT I PROJECT DETAILS 900 North California Avenue / File No. 15PLN-00155 Lot 1 - A two-story house with an attached one-car garage on an 8,033 sf lot. The proposed structure would have a total of 3,157 sf of floor area, excluding the basement but including the garage. Of this area, 1,148 sf of floor area (36%) is proposed on the second floor. One street tree has been added to the frontage per the City Arborist’s request. Five screening trees have been added along the side interior lot lines in the rear yard area. Lot 2 - A two-story house with an attached one-car garage on a 9,379 sf corner lot. The proposed structure would have a total of 3,563 sf of floor area, excluding the basement but including the garage. Of this area, 1,269 sf of floor (36%) is proposed on the second floor, including any second floor equivalency area. One street tree on the Louis Road the frontage would be replaced. The existing street tree on the North California Avenue frontage would remain. Most other landscape, including small trees would be removed except for some existing trees along the right side setback line at the rear yard, located on Lot 3. No other new trees are proposed. Lot 3 – The proposed lot is ‘L’ shaped with the base of the ‘L’ wrapping behind the adjacent lot to the left at 920 N. California Avenue. The project proposes a two-story house with a detached two-car garage and detached guesthouse on a 13,425 sf lot. The proposed structures would have a total of 4,775 sf of floor area, including the garage and guest house, but excluding the basement. The main house is 3,978 sf, and the second unit is 597 sf excluding the garage and guest house. The second floor of the main house is 1,424 sf of floor area (36%), including any second floor equivalency area. One existing street tree will remain along with two trees at the left side lot line in the front yard and a few trees along the rear lot line and distant left side lot line adjacent the proposed cottage. Several new screening trees have been added along both side interior lot lines and the rear lot line. Table 1 Project Summary Lot 1 Lot 2 Lot 3 Address 2205 Louis Road 900 N. California Ave 912 N. California Ave Lot Area 8,032.90 sf 9,378.70 sf 13,425 sf First Floor Area 1,789.60 sf 2,071.47 sf 2,313.44 sf Second Floor Area 1,148 sf 1,269 sf 1,423 sf Garage 219.54 sf 222.45 sf 441 sf 2nd Dwelling Unit -- -- 597.12 sf Total FAR 3,157.21 sf 3,563.02 sf 34,775.19 sf Basement (Non- FAR) 1,896.27 sf 2,274.73 sf 2,417 sf Attachment J Project Plans Hardcopies of project plans are provided to City Council Members. These plans are available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “900 California Avenue” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “06.08.16_900N.California redux.pdf” dated 01/04/2017 CITY OF PALO ALTO CITY COUNCIL EXCERPT MINUTES Page 1 of 3 Special Meeting November 14, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:30 P.M. Present: Burt, DuBois, Filseth, Holman arrived at 5:33 P.M., Scharff, Schmid arrived at 5:33 P.M., Wolbach Absent: Berman, Kniss Action Items 16. PUBLIC HEARING: 900 N. California Ave. [14PLN-00233]: Recommendation for Approval of a Preliminary Parcel Map, With Exceptions, to Subdivide an Existing 30,837 Square Foot Parcel Into Three Parcels. The Parcel Map Exception is to Allow one of the Parcels to Exceed the Maximum Lot Area. Environmental Assessment: Exemption Pursuant to CEQA Guidelines Section 15061 (b)(3). Zoning District: Single-Family Residential District (R-1) **QUASI JUDICIAL. Public Hearing opened at 8:24 P.M. Public Hearing closed at 8:38 P.M. MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to: A. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3); and B. Approve the Record of Land Use Action for the proposed preliminary parcel map application. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “including the addition of a requirement that a second unit be built on Lot 3.” (New Part B.i.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “increase the setbacks to 8 ACTION MINUTES Page 2 of 3 City Council Meeting Action Minutes: 11/14/16 feet on all sides of the garage and accessory buildings on Lot 3.” (New Part B.ii.) AMENDENT: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “direct Staff to determine and certify that the aggregate de-watering of the three basements not be deleterious to the surrounding properties or vegetation.” AMENDMENT RESTATED: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “direct Staff to review the third party dewatering review statement to assure that the aggregate impact is evaluated and not simply the individual dewatering impact of each lot.” AMENDENT2: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “add the requirement that this development be subject to whatever new dewatering requirements the Council adopts before the next dewatering season.” AMENDENT2 RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add the requirement that this development be subject to whatever dewatering requirements are in effect before the next dewatering season.” (New Part C) AMENDMENT RESTATED: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “direct Staff to review the third party review statement to assure that any aggregate impact presented by the construction schedule is evaluated and not simply the individual dewatering impact of each lot.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to review the third party geo-technical report to assure that any aggregate impact presented by the construction schedule is evaluated and not simply the individual dewatering impact of construction on each lot.” (New Part D) MOTION AS AMENDED RESTATED: Vice Mayor Scharff moved, seconded by Council Member DuBois to: A. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3); and B. Approve the Record of Land Use Action for the proposed preliminary parcel map application: ACTION MINUTES Page 3 of 3 City Council Meeting Action Minutes: 11/14/16 i. Including the addition of a requirement that a second unit be built on Lot 3; and ii. Increase the setbacks to 8 feet on all sides of the garage and accessory buildings on Lot 3; and C. Add the requirement that this development be subject to whatever dewatering requirements are in effect before the next dewatering season; and D. Direct Staff to review the third party geo-technical report to assure that any aggregate impact presented by the construction schedule is evaluated and not simply the individual dewatering impact of construction on each lot. MOTION AS AMENDED PASSED: 7-0 Berman, Kniss absent Adjournment: The meeting was adjourned at 9:57 P.M. 1 161202 jb 0131566 1 APPROVAL NO. 2016-05 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 900 N. CALIFORNIA AVENUE: PRELIMINARY PARCEL MAP APPLICATION [14PLN-00233] On November 14, 2016, the City Council of the City of Palo Alto considered and approved the Preliminary Parcel Map for the development of a three lot subdivision project with exceptions, making the following findings, determinations and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On June 25, 2014, Kohler Associates Architects on behalf of Greg Xiong applied for a Preliminary Parcel Map with exceptions for the development of a 0.70 acre parcel (“The Project”). B. The project site is comprised of one lot (APN No. 137-51-021) of approximately 0.70-acres. The site contains three residential structures. Single-family residential land uses are located adjacent to the lot to the north, south, east and west. C. Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on October 20, 2016 subject to the conditions of approval below. SECTION 2. Environmental Review. The City as the lead agency for the Project has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA). The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is exempt from CEQA pursuant to Section 15061(b)(3). SECTION 3. Preliminary Parcel Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474): 1.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 is consistent with the provisions of the Comprehensive Plan. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: The map is consistent with the following Comprehensive Plan policies: DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 2 161202 jb 0131566 2 a.Policy L-4: Maintain Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. Use the Zoning Ordinance as a tool to enhance Palo Alto’s desirable qualities. b.Policy L-10: Maintain a citywide structure of Residential Neighborhoods, Centers, and Employment Districts. Integrate these areas with the City’s and the region’s transit and street system. c.Policy L-12: Preserve the character residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures. 3.That the site is not physically suitable for the type of development: The site is well suited for the proposed three single family homes and one secondary dwelling unit. The proposed homes would replace three existing single-family homes, which complies with allowed uses of the R-1 zoning district. 4.That the site is not physically suitable for the proposed density of development: The proposal for the site is consistent with all zoning regulations, with the proposed exceptions, including lot width, depth, and area. 5.That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The minor subdivision will not cause environmental damage or injure fish, wildlife, or their habitat. The project site has been fully urbanized and developed and is centrally located within a developed residential area. There is no recognized sensitive wildlife or habitat in the project vicinity. 6.That the design of the subdivision or type of improvements is likely to cause serious public health problems: The creation three parcels for three single-family residential units and one secondary dwelling unit will not cause serious public health problems, because the site is designated for single family development. 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 DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 3 161202 jb 0131566 3 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 proposed preliminary parcel map will not conflict with easements of any type, in that the map would create three parcels on the property, and would not affect any of the existing or proposed easements on or adjacent to the project site. SECTION 4. Exception Findings. The project proposes exceptions to the zoning standards for lot size for the following and depicted on Preliminary Parcel Map: • Lot Size (greater than 9,999 square feet): Lot 3. 1. There are special circumstances or conditions affecting the property. The subject property is substantially larger in area than allowed by the zoning code. The site also includes three single family residences on one legal parcel, representing another noncompliant condition. The applicant’s request for a preliminary parcel map with exceptions results in a more compliant condition within the project boundary and new development that will be more consistent with and compatible to the surrounding properties. It is not possible to subdivide the parcel into three or four fully compliant lots. The exception allows one of the three lots to be slightly larger in area than allowed by the code. 2. The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. The property owner is eligible to subdivide the existing parcel. The existing one parcel with three housing units does not conform to the maximum lot area for the R1 District. With the subdivision exception, the owner is able to create individual legal parcels for three residences, however, one the lots would remain non-conforming as to lot area. It is not possible to adjust the lot area of the other parcels or create a fourth parcel in order to achieve complete conformance with the city’s property development standards. Subdividing the existing parcel into code compliant lots is not possible with the exception and approving the exception results in three lots that are more consistent and more compatible to properties in the general vicinity. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. For the reasons cited above, the exception actually results in a housing development design that is more consistent with the pattern of single family development in the area and renders an existing nonconforming parcel into two conforming lots and one lot that is slightly larger than the maximum lot area authorized in the district. The lot area maximum exists to ensure future subdivisions meet a desired scale and proportionality to other lots in the area. The existing 26,669 lot is inconsistent with that objective and the exceptions renders the parcel more compatible. Such action is neither detrimental to the public welfare nor injurious to other DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 4 161202 jb 0131566 4 property in the area. 4. The granting of the exception will not violate the requirements, goals, policies, or spirit of the law. The granting of the exception will further the requirements, goals, policies and spirit of the law by creating two legal parcels and a third, slightly nonconforming lot, from one lot that is significantly larger than required by the city’s zoning code. From a neighborhood compatibility perspective, and consistency with the spirit of the law, the requested exception represents an improvement to the existing conditions found at the site and further advances the objectives of the code. The provision of an Accessory Dwelling Unit on Lot 3 shall ensure compatible scale with the neighborhood and advance policies in the Housing Element. SECTION 5. Preliminary Parcel Map Approval Granted. Preliminary Tentative Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 7 of this Record. SECTION 6. Tentative Map Approval. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Preliminary Parcel Map prepared by WEC and Associates “Preliminary Parcel Map 900 N. California Avenue”, consisting of three lots, dated August 19, 2014, except as modified to incorporate the conditions of approval in Section 7. A copy of this plan is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Preliminary Parcel Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Parcel Map, as specified in Chapter 21.08, to be prepared in conformance with the Preliminary Parcel 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 7. Conditions of Approval. Department of Planning and Community Environment Planning Division 1. The applicant shall confirm the location all existing features of the site, including protected and non-protected trees, wells, structures, utilities, and easements to the satisfaction of Public Works, the Planning Division, and any other agency that would have an interest in those features. 2. The owner or designee prior to issuance of any building permit shall pay the applicable Development Impact fees. 3. The owner or designee prior to building permit issuance shall submit for review and approval a construction traffic plan and construction phasing plan for development to the City. DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 5 161202 jb 0131566 5 4. Development Impact Fees: The proposed project will replace three homes, create three new parcels and add a secondary dwelling unit, therefore the estimated impact fee is $50,793.08. 5. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. 6. The applicant is hereby notified, as required by Government Code § 66020, that the approved plans, these conditions of approval, and the adopted City fee schedule set forth in Program H3.1.2 of the City of Palo Alto Comprehensive Plan constitute written notice of the description of the dedications, reservations, amount of fees and other exactions related to the project. As of the date of project approval, the 90 day period has begun in which the applicant may protest any dedications, reservations, fees or other exactions imposed by the City. Failure to file a protest in compliance with all of the requirements of Government Code § 66020 will result in a legal bar to challenging the dedications, reservations, fees or other exactions. 7. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion and at Applicant’s expense, elect to defend any such action with attorneys of its own choice. 8. Accessory Dwelling Unit: An accessory dwelling unit shall be built on Lot 3. 9. Lot 3 Setback: The project shall setback the proposed accessory dwelling unit and garage on Lot 3 eight-feet (8’) from all property lines. 10. Dewatering Requirements. The applicant shall comply with the City of Palo Alto Guidelines for Dewatering During Basement Or Below Ground Garage Construction dated February 2016. The applicant shall demonstrate to the satisfaction of the Planning and Community Environment Director that the proposed dewatering plan is not deleterious to vegetation. The third party evaluation of the proposed dewatering shall take into account the aggregate and simultaneous dewatering of all three lots and the proposed development shall be subject to the City’s standards in effect at the time of the report. DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 6 161202 jb 0131566 6 Building Division 11. The existing buildings within the project area shall be demolished prior to recording the map. A separate permit shall be required for the removal of the building. 12. New addresses will be assigned to each lot with the subdivision, following recordation of the map. The applicant shall file and “Address request Form” and pay the required fee, to the Palo Alto Development Center. Public Works Engineering Department PRIOR TO PARCEL MAP SUBMITTAL 13. Provide a current Preliminary Title Report, printed less than 3 month from Parcel Map submittal date. PRIOR TO PARCEL MAP RECORDATION 14. The City of Palo Alto does not currently have a City Surveyor we have retained the services of Siegfried Engineering to review and provide approval on behalf of the City. Siegfried will be reviewing, signing and stamping the Parcel Map associated with your project. In effort to employ the services of Siegfried Engineering, and as part of the City’s cost recovery measures, the applicant is required to provide payment to cover the cost of Siegfried Engineering’s review. Our intent is to forward your Parcel Map to Siegfriend for an initial preliminary review of the documents. Siegfriend will then provide a review cost amount based on the complexity of the project and the information shown on the document. We will share this information with you once we receive it and ask that you return a copy acknowledging the amount. You may then provide a check for this amount as payment for the review cost. The City must receive payment prior to beginning the final review process. 15. Once the Parcel Map is approved by the City, submit wet signed and stamped mylar copy of the Parcel Map to the Public Works for signature. Map shall be signed by Owner, Notary and Surveyor prior to formal submittal. PRIOR TO ISSUANCE OF A BUILDING PERMIT OR GRADING AND EXCAVATION PERMIT 16. Parcel Map shall be recorded with County Recorder. 17. Off-site improvements such as curb and gutter, sidewalk replacement, street tree replacement and/or new street trees, utility upgrades or street resurfacing are typically required with subdivisions. As part of the proposed of subdivision, applicant(s) shall be aware that off-site DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 7 161202 jb 0131566 7 improvements such as those listed above will be required. At a minimum, plans for the building permits shall show curb, gutter and sidewalk along the project frontages to be removed and replaced, full-street width resurfacing (mill and overlay) will be required. The curb ramps at the intersection may also need to be upgrade as part of this project to comply to accessibility standards. Plans shall include existing and proposed striping plan. Applicant shall meet with Urban Forestry to evaluate if a new street tree can be planted along the project frontages. 18.If the existing buildings are to be demolished, applicant shall contact Urban Forestry at (650)496-5953 prior to demolition to verify tree protection measures are in place. 19.LOGISTICS PLAN: The applicant and contractor shall submit a construction logistics plan to the Public Works Department that addresses all impacts to the City’s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, on-site staging and storage areas, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact. The plan shall be prepared and submitted along the Rough Grading and Excavation Permit. Plot the construction fence, entrances, shoring, limits of over excavation, construction workers parking area, staging and storage areas within the private site for equipment and material. It shall include notes as indicated on the approved Truck Route Map for construction traffic to and from the site. Plan shall also indicate if the bus stop will need to be relocated and show how the bike lane will remain accessible during construction. The logistics plan will provide controls that minimize the disruption to neighbors and provides parking and staging on-site to the extent feasible. Utilities Electrical Engineering 20.Applicant shall grant easement to all electric equipment including transformers, switches, electric pull boxes and vaults, electric conduit. 21.All equipment shall be pad mounted, NO underground equipment is allowed. 22.All the weather head shall follow CPAU standard (lower than 18') 23.Applicant shall install, owned and maintain the streetlight system on the private street. These street lights shall be fed through a meter pedestal. 24.Only one electric service lateral is permitted per parcel. 25.The developer/owner shall provide space for installing padmount equipment (i.e. transformers, switches, and interrupters) and associated substructure as required by the City. In addition, the owner shall grant a Public Utilities Easement for facilities installed within the subdivision as required by the City. 26.The civil drawings must show all existing and proposed electric facilities (i.e. conduits, boxes, pads, services, and streetlights) as well as other utilities. DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 8 161202 jb 0131566 8 27.The developer/owner is responsible for all substructure installations (conduits, boxes, pads, streetlights system, etc.) on the subdivision parcel map. The design and installation shall be according to the City standards and all work must be inspected and approved by the Electrical Underground Inspector. 28.The developer/owner is responsible for all underground services (conduits and conductors) to single- family homes within the subdivision. All work requires inspection and approval from both the Building Department and the Electrical Underground Inspector. 29.The tentative parcel map shall show all required easements as requested by the City. Utilities Water Gas Wastewater Department 30.The applicant shall submit a request to disconnect all utility services and/or meters to theexisting building including a signed affidavit of vacancy. Utilities will be disconnected orremoved within 10 working days after receipt of request. The demolition permit will be issuedby the Building Inspection Division after all utility services and/or meters have beendisconnected and removed. 31.The applicant shall submit a completed water-gas wastewater service connection application- load sheets for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands. 32.The applicant shall be responsible for installing and upgrading the existing services as necessaryto handle anticipated peak loads. This responsibility includes all cost associated with design andconstruction for the installation/upgrade of the utility services. 33.Each parcel shall have its own water service, gas service and sewer lateral connection shown onthe plans. 34.All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater. / / / / / / / / / / / / DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 9 161202 jb 0131566 9 SECTION 8. Term of Approval. 1. Preliminary Parcel Map. All conditions of approval of the Preliminary Parcel Map shall be fulfilledprior to map recordation (PAMC Section 21.16.010[c]). Unless a Tentative Map is filed, and allconditions of approval are fulfilled within a two- year period from the date of PreliminaryTentative Map approval, or such extension as may be granted, the Preliminary Tentative Mapshall expire and all proceedings shall terminate. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: __________________________________ Director of Planning and Community Environment Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: Those plans prepared by WEC and Associates titled “Preliminary Parcel Map”, consisting of five page, dated August 19, 2014. November 14, 2016 DocuSign Envelope ID: 82D14D40-AE25-48E7-8107-632D5EFCD785 Certificate Of Completion Envelope Id: 82D14D40AE2548E78107632D5EFCD785 Status: Completed Subject: Please DocuSign: RLUA 900 California Ave.pdf Source Envelope: Document Pages: 9 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Janet Billups AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 janet.billups@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 12/13/2016 11:22:50 AM Holder: Janet Billups janet.billups@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Cara Silver cara.silver@cityofpaloalto.org Senior Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 12/13/2016 11:36:41 AM Viewed: 12/13/2016 11:37:21 AM Signed: 12/13/2016 11:37:41 AM Electronic Record and Signature Disclosure: Accepted: 7/15/2015 5:07:16 PM ID: 11910ed1-61d1-4ff3-9cf9-f4eb5a0768e2 Hillary Gitelman hillary.gitelman@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 12/13/2016 11:37:43 AM Viewed: 12/13/2016 1:17:30 PM Signed: 12/13/2016 1:17:46 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Patrick Burt Patrick.Burt@cityofpaloalto.org Mayor City of Palo Alto Security Level: Email, Account Authentication (None) Using IP Address: 70.213.11.19 Signed using mobile Sent: 12/13/2016 1:17:47 PM Viewed: 12/13/2016 11:47:30 PM Signed: 12/13/2016 11:48:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Beth Minor beth.minor@cityofpaloalto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 12/13/2016 11:48:00 PM Viewed: 12/14/2016 9:05:13 AM Signed: 12/14/2016 9:06:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Alicia Spotwood Alicia.Spotwood@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Sent: 12/14/2016 9:06:03 AM Viewed: 12/14/2016 9:08:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Kim Lunt Kim.Lunt@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 12/14/2016 9:06:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/14/2016 9:06:03 AM Certified Delivered Security Checked 12/14/2016 9:06:03 AM Signing Complete Security Checked 12/14/2016 9:06:03 AM Completed Security Checked 12/14/2016 9:06:03 AM Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Palo Alto as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you. Attachment M On January 9, 2017, PCE staff received the following questions regarding the ARB appeal of three new homes at 900 California Avenue; responses follow: Councilmember Request: Request for a copy of the November 14, 2017 minutes related to the Parcel Map application reviewed by the City Council. Response: Now included in the report as Attachment K. The minutes state that the City Council directed the following action related to the parcel map application: A. Found the project exempt from CEQA. This was addressed in the Record of Land Use Action, Section 2 (Attachment L) B. Approved the Record of Land Use Action i. Affirmed that the proposed second unit would be provided on Lot 3 This was addressed in the Record of Land Use Action (Attachment L), Condition #8. ii. Increased the setbacks for the garage and accessory buildings be set back eight (8) feet from all property lines. This was addressed in the Record of Land Use Action (Attachment L), condition # 9 and addressed in revised plans previously transmitted to the City Council and available online at as detailed in Attachment J. C. Added a requirement that the development be subject to dewatering requirements in effect before the next dewatering season. This was addressed in the Record of Land Use Action (Attachment L), Condition 10. D. Directed staff to review the third party geotechnical report to assure that any aggregate impact presented by the construction schedule is evaluated and not simply the individual dewater impact of construction on each lot. This was addressed in the Record of Land Use Action E. Attachment L), Condition 10. Note that current provisions stipulated by the city requires a geotechnical report, the cumulative impact analysis is the unique provision incorporated into the condition. Conditions included in the Record of Land Use Action for the parcel map will be reviewed and implemented as part of the building permit review process associated with the proposed homes and do not need to be repeated in the architectural review conditions of approval. Councilmember Question: Dewatering. The appellant's concerns seem to be about the cumulative effect / impact of dewatering. I do not see this addressed in the Condition #53 as the staff report seems to indicate. Response: The City Council reviewed the parcel map application to subdivide the subject property on November 14, 2016 pursuant to current application review procedures. During that public hearing, the City Council heard testimony from nearby residents expressing concern about dewatering. In response, the City Council required the project be subject to whatever dewatering requirements are in effect before the next dewatering season. Accordingly, staff incorporated the following condition of approval to the parcel map record of land use action (see Attachment L, Condition #10): Dewatering Requirements. The applicant shall comply with the City of Palo Alto Guidelines for Dewater During Basement Or Below Ground Garage Construction dated February 2016. The applicant shall demonstrate to the satisfaction of the Planning and Community Environment Director that the proposed dewatering plan is not deleterious to vegetation. The third party evaluation of the proposed dewatering shall take into account the aggregate and simultaneous dewatering of all three lots and the proposed development shall be subject to the City’s standards in effect at the time of the report. (Emphasis Added) This condition is associated with the parcel map and would apply to the future construction of the three proposed homes and second dwelling unit; it would be implemented as part of the building permit review process. This condition is not incorporated into the Architectural Review conditions of approval because that action preceded the City Council’s review of the parcel map. The Council may recall that the appeal period for the Architectural Review approval ended the day after the Council acted on the parcel map. Condition #53 referenced above partially addresses the dewatering issue, but is also more focused on the requirement for a geotechnical study. Staff’s review of the conditions of approval applicable to this project, in consultation with the City Attorney’s office, concludes that the city has sufficient authority to require a geotechnical report and dewatering analysis during the building permit review process that addresses the cumulative impact of all three properties being constructed at one time and will evaluate the report based on the standards applicable in place at the time the report is prepared. Councilmember Question: Condition 39 states that the applicant shall file for a Minor Subdivision Application for creating four (4) lots. This was not addressed during the CC review of the subdivision and it appears that creation of a 4th lot would create a flag lot which is not allowed per City code. Can staff please explain why this is included in the Conditions? Response. There is an error in this condition, which has been corrected in the Director’s letter (Attachment D). The City Council approved a three lot subdivision; no flag lots were created. A corrected Director’s letter was prepared on January 10th and mailed to the applicant. Councilmember Question: Condition #59: will plans be proactively be provided to neighbors for comment prior to finalizing? Response. Condition #59 requires the preparation of a logistics plan. While this is a public document, it is one typically reviewed by professional staff. There is no current mechanism for noticing the public, but members of the public may request a copy of all submittal materials. 900 N. California Avenue (15PLN-00155) Page 1 ACTION NO. 2017-_ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 900 NORTH CALIFORNIA AVENUE: MAJOR ARCHITECTURAL REVIEW APPEAL 15PLN-000155 (KOHLER ARCHITECTS, APPLICANT) On March 27, 2017, the City Council of the City of Palo Alto considered and denied the appeal of a Major Architectural Review application approving for the construction of three new single family homes and one accessory dwelling unit at 900 North California Avenue (APN 003-51-021), thereby affirming the approval of the Planning and Community Environment Director making the following findings, determinations and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On April 21, 2015, Kohler Architects applied for a Major Architectural Review for the construction of three single family homes at 900 N. California Avenue. (“The Project”). B. The project site is comprised of one lot (APN No. 003-51-021) of approximately 30,837 square-feet. The site contains three existing single family homes ranging in size for 746 square- feet to 2,376 square-feet. Single-family residential land uses are located adjacent to the lot to the north, south, east and west. C. Following staff review, the Architectural Review Board (ARB) reviewed the project on September 15, 2016 and recommended approval to the Director of Planning and Community Environment, incorporating conditions that the home on Lot 3 be setback from the left side property line and that the detached garage and guest house return to the ARB subcommittee for further evaluation, among other conditions. D. On November 1, 2016, the Director of Planning and Community Environment approved the Project. E. On November 14, 2016, the City Council approved a tentative parcel, with exceptions, to subdivide the subject property into three lots, with one lot for each home. The approval was conditioned upon additional setbacks for the guest house and garage, and the applicant complying with the most up-to-date standards for site dewatering, among other conditions. F. On November 15, 2016, a timely appeal of the Director’s determination on the Architectural Review application was filed. G. On January 9, 2017, the City Council considered the appeal, which was placed on the Council’s consent calendar consistent with city regulations. The Council made a motion to continue the matter on consent until January 23, 2017 follow public comments received at the meeting. H. On January 23, 2017, the City Council pulled the item from the consent calendar and scheduled the appeal for a noticed public hearing; the hearing was held on March 27, 2017. I. On February 28, 2017, the applicant submitted revised plans that removed the basements from the homes on Lot 1 and Lot 3. 900 N. California Avenue (15PLN-00155) Page 2 SECTION 2. Environmental Review. The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is exempt from CEQA pursuant to Section 15303(a) (New Construction or Conversion of Small Structures). The project includes a proposal to construct three new single family homes. The proposed homes are located in an urbanized area on a site used continuously for residential purposes by three existing single-family homes. The proposed exemption allows for the construction of up to three homes in an urbanized area. Therefore, the project is consistent with the subject exemption. SECTION 3. Architectural Review Findings. Palo Alto Municipal Code 18.76.020(d) states that neither the director, nor the city council on appeal, shall grant architectural review approval, unless it is found that each of the following applicable findings is met: The design and architecture of the proposed improvements, as conditioned, complies with the Findings for Architectural Review as required in Chapter 18.76 of the PAMC. Comprehensive Plan and Purpose of ARB: Finding #1: The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. Finding #16: The design is consistent and compatible with the purpose of architectural review, which is to:  Promote orderly and harmonious development in the city;  Enhance the desirability of residence or investment in the city;  Encourage the attainment of the most desirable use of land and improvements;  Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and  Promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other. The project is consistent with Findings #1 and #16 because: The Comprehensive Plan (Plan) land use designation for the project site is Single Family Residential. Single family homes are permitted uses in this designation. The net density in single family areas will range from 1 to 7 units per acre, but may rise to a maximum of 14 units in areas where second units or duplexes are allowed. The proposed three new homes meet the intent of the Comprehensive Plan. The project effectively provides approximately 4 dwelling units per acre. Therefore, the project is consistent with the density prescribed by the Comprehensive Plan. The project is consistent with policies contained in the Comprehensive Plan. The project is consistent with Policy L-1, which continues current City policies of limiting future urban development to currently developed lands. The project site redevelops a currently developed site with three new homes in an urban environment. Further, the project is consistent with Policy L-12. The proposed homes preserve the character of the neighborhood by incorporating common setbacks, scale and massing. Additionally, the project is consistent with the Individual Review Guidelines for single-family homes. This 900 N. California Avenue (15PLN-00155) Page 3 consistency ensures the project’s compatibility with the neighborhood and adjacent structures. Therefore, the project is consistent with the City’s prescribed density and policies of the Comprehensive Plan and will promote orderly and harmonious development. Compatibility and Character: Finding #2: The design is compatible with the immediate environment of the site. Finding #4: In areas considered by the board as having a unified design character or historical character, the design is compatible with such character. Finding #5: The design promotes harmonious transitions in scale and character in areas between different designated land uses. Finding #6: The design is compatible with approved improvements both on and off the site. The project is consistent with Findings #2, #4, #5 and #6 because: The project proposes three single family homes on three separate lots. The immediate environment surrounding the project site consists of other single family homes that are a mixture of one and two- stories. The project is consistent with this immediate environment by proposing three single-family homes. The homes minimize their two story appearance by pulling in the upper stories from the sides, using street facing gables, and roof hips. These features are found throughout the homes in the project site. The project is subject to a 24-foot yard setback along Louis Road. Homes with frontages along Louis Road are setback 24-feet, achieving consistency and compatibility with the development pattern along Louis Road. Further, the site planning for each home responds to contextual cues of the neighborhood by subordinating the garage and driveway, managing the upper floor location with respect to the street corners, and allows for landscaped space between adjacent homes. These features of the project achieve a unified design character that is compatible with the neighborhood and improvements both on and off the site. Functionality and Open Space: Finding #3: The design is appropriate to the function of the project. Finding #7: The planning and siting of the building on the site creates an internal sense of order and provides a desirable environment for occupants, visitors and the general community. Finding #8: The amount and arrangement of open space are appropriate to the design and the function of the structures. The project is consistent with Findings #3, #7, and #8 because: The project is consistent with each finding because the site planning for the single family homes is appropriate; the project creates a sense of order; and the amount of open space is appropriate for the function of the homes. Overall, site planning responds to contextual cues, subordinates the garage and driveway, and allows for landscaped open space between adjacent homes. This is achieved through adherence to the minimum setback criteria for the front, side and rear yards, daylight plane standards, and parking standards. Observance of these siting standards also creates an internal sense of order. The homes are positioned and landscaped to promote privacy but also use of the yard spaces. Further, the open space is functional because it can be used by residents and visitors, and the front and side 900 N. California Avenue (15PLN-00155) Page 4 yard porches and landscaping provide a desirable environment for the community. Therefore, the project is consistent with findings #3, #7 and #8. Circulation and Traffic: Finding #9: Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the project’s design concept. Finding #10: Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles. The project is consistent with Findings #9, and #10 because: The project includes sufficient ancillary functions, in the form of garages, to support the main function of the project, and these ancillary functions are compatible with the project’s design. The garages are properly screened from adjacent uses. Garages are subordinated to the houses, setback from the street, and adhere to daylight plane standards, which emphasizes their ancillary nature. Further garages are compatible with the homes because each garage would use a similar style door with a design that is consistent with the homes. These features would blend well with the house form to be integrated with the overall house. Access to the lots is similar to the existing access patterns currently on the property. The driveways provide adequate width for vehicles to maneuver, and there are spaces onsite for vehicles to safely exit the property. The project would preserve the sidewalks along Louis Road and N California Avenue, ensuring safe and convenient circulation for pedestrians and cyclists. Further, the driveways and walkways from the sidewalks provide ingress and egress to the homes for pedestrians and bicyclists. Landscaping and Plant Materials: Finding #11: Natural features are appropriately preserved and integrated with the project. Finding #12: The materials, textures and colors and details of construction and plant material are an appropriate expression to the design and function and compatible with the adjacent and neighboring structures, landscape elements and functions. Finding #13: 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 create a desirable and functional environment on the site and the landscape concept depicts an appropriate unit with the various buildings on the site. Finding #14: Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety that would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance. The project is consistent with Findings #11, #12, #13, and #14 because: The site is relatively level and will remain in relatively the same topography. Therefore the project will preserve natural features. There are no known protected trees. The project will remove one street tree, per the City Arborist’s direction and will plant one new 24-inch box Cimarron ash in its place. The project will retain other trees on the site, but will also remove some trees as well. While the project does not propose a complete landscape plan for the entire lots, it does include a tree planting plan. 900 N. California Avenue (15PLN-00155) Page 5 The proposed trees are an appropriate use for their proposed location because they will serve as a screen between lots. Further, front, side and rear yard space has been preserved for future homeowners to individually craft the landscaping for their homes. Sustainability: Finding #15: The design is energy efficient and incorporates renewable energy design elements including, but not limited to: a. Careful building orientation to optimize daylight to interiors b. High performance, low-emissivity glazing c. Cool roof and roof insulation beyond Code minimum d. Solar ready roof e. Use of energy efficient LED lighting f. Low-flow plumbing and shower fixtures g. Below grade parking to allow for increased landscape and stormwater treatment areas The project is consistent with Findings #11, #12, #13, and #14 because: The project would comply with the City’s green building ordinance. The building would incorporate recycled building materials and energy efficient LED lighting. The project would provide onsite storm water management measures through landscaping. SECTION 4. Architectural Review Findings. Revised Architectural Review Findings were adopted by ordinance of the City Council on November 14, 2016 (second reading on December 12, 2016) and became effective on January 12, 2017. The Council finds that the project as modified is consistent with these findings. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The project is consistent with Finding #1 because: The proposed project, as modified by the conditions of approval, is generally consistent with the Palo Alto Comprehensive Plan, including the following goals and policies: The Comprehensive Plan (Plan) land use designation for the project site is Single Family Residential. Single family homes are permitted uses in this designation. The net density in single family areas will range from 1 to 7 units per acre, but may rise to a maximum of 14 units in areas where second units or duplexes are allowed. The proposed three new homes meet the intent of the Comprehensive Plan. The project effectively provides approximately 4 dwelling units per acre. Therefore, the project is consistent with the density prescribed by the Comprehensive Plan. The project is consistent with policies contained in the Comprehensive Plan. The project is consistent with Policy L-1, which continues current City policies of limiting future urban development to currently developed lands. The project site redevelops a currently developed site with three new homes in an urban environment. Further, the project is consistent with Policy L-12. The proposed homes preserve 900 N. California Avenue (15PLN-00155) Page 6 the character of the neighborhood by incorporating common setbacks, scale and massing. Additionally, the project is consistent with the Individual Review Guidelines for single-family homes. This consistency ensures the project’s compatibility with the neighborhood and adjacent structures. Therefore, the project is consistent with the City’s prescribed density and policies of the Comprehensive Plan and will promote orderly and harmonious development. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: The project creates an internal sense of order and desirable environment because it enhances the living conditions on the site and in the adjacent residential areas. The environment surrounding the project site consists of single family homes that are a mixture of one and two-stories, and the project site consists of a dated single family home and mixture of accessory structures. The project creates an internal sense of order and a desirable environment for occupants, visitors and the general community because the homes provide well thought out living space, parking for the residents and visitors, and open space for occupants and visitors. Overall, site planning responds to contextual cues, subordinates the garage and driveway, and allows for landscaped open space between adjacent homes. This is achieved through adherence to the minimum setback criteria for the front, side and rear yards, daylight plane standards, and parking standards. Observance of these siting standards also creates an internal sense of order. The homes are positioned and landscaped to promote privacy but also use of the yard spaces. Further, the open space is functional because it can be used by residents and visitors, and the front and side yard porches and landscaping provide a desirable environment for the community. The project creates a desirable environment for the community through compliance with multiple conditions of approval. The environment of the community is further preserved through implementing condition of approval number four requiring ARB subcommittee review of the detached garage and accessory dwelling unit; condition of approval number seven requiring obscure glazing of windows to preserve privacy; condition of approval number 19 minimizing noise generated during project construction; and conditions of approval 45 ensuring proper demolition of existing structures; 47 and 54 requiring a geotechnical report to analyze and minimize dewatering of the site; condition 52 to reduce the amount of drainage; condition 53 for basement shoring; and condition 60 for a construction logistics plan to ensure safe and accessible circulation during project construction. Further, the project enhances the living conditions onsite and in the adjacent residential area by providing newly constructed single family homes that improve the quality of the residential housing stock. These homes 900 N. California Avenue (15PLN-00155) Page 7 have been reviewed and approved by the City, where the existing home and structures were not evaluated for consistency with the City’s architectural review requirements. The project preserves, respects, and integrates existing natural features by retaining all but one street tree, at the City Arborist’s direction. The site is relatively level and will remain in relatively the same topography. Therefore the project will preserve natural features. Because the area has not been recognized as having a unified design or historic character, the finding for historic character is not applicable. The project site and area is not located in area subject to context-based design criteria. Therefore this finding is not applicable. However, the project was reviewed and found to be consistent with the Individual Review Guidelines. The homes provide harmonious transitions in scale, mass and character to adjacent land uses. The homes minimize their two story appearance by pulling in the upper stories from the sides, using street facing gables, and roof hips. These features are found throughout the homes in the project site. The project is subject to a 24-foot yard setback along Louis Road. Homes with frontages along Louis Road are setback 24-feet, achieving consistency and compatibility with the development pattern along Louis Road. Further, the site planning for each home responds to contextual cues of the neighborhood by subordinating the garage and driveway, managing the upper floor location with respect to the street corners, and allows for landscaped space between adjacent homes. These features of the project achieve a unified design character that is compatible with the neighborhood and improvements both on and off the site. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project is consistent with Finding #3 because: The project has a high aesthetic quality, materials, construction techniques, textures, colors and other details that are compatible with and enhance the surrounding area. The buildings surrounding the site are comprised of wood framed houses with stucco, stone, glass and brick and range in height from single-story to two-story structures. The proposed homes are comprised of high quality stucco, wood shingles, and wood siding with glass windows, which are similar and representative of the materials found in the surrounding environment. Further, the materials, textures, and attention to detail in the homes are consistent throughout each elevation which represents a high quality aesthetic design. Lastly, the project, will have high quality materials, textures, colors and finishes because it is conditioned to return to the Architectural Review Board for review and recommendation to the Director of Planning and Community Environment for the detached garage and accessory dwelling unit. Therefore, the project is consistent with Finding #3 because it consists of a high quality aesthetic design with integrated materials, textures, colors and other details that are compatible with the surrounding environment. 900 N. California Avenue (15PLN-00155) Page 8 Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The project is consistent with Finding #4 because: The project includes sufficient ancillary functions, in the form of garages, to support the main function of the project, and these ancillary functions are compatible with the project’s design. The garages are properly screened from adjacent uses. Garages are subordinated to the houses, setback from the street, and adhere to daylight plane standards, which emphasizes their ancillary nature. Further garages are compatible with the homes because each garage would use a similar style door with a design that is consistent with the homes. These features would blend well with the house form to be integrated with the overall house. Access to the lots is similar to the existing access patterns currently on the property. The driveways provide adequate width for vehicles to maneuver, and there are spaces onsite for vehicles to safely exit the property. The project would preserve the sidewalks along Louis Road and N California Avenue, ensuring safe and convenient circulation for pedestrians and cyclists. Further, the driveways and walkways from the sidewalks provide ingress and egress to the homes for pedestrians and bicyclists. Lastly, the project is required to prepare a construction logistics plan, as described in condition of approval number 60. The logistics plan will ensure that safe and convenient vehicle, cyclist, and pedestrian circulation occur on sidewalks and streets while the project is constructed. Therefore, the project is consistent with Finding #4. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. The project is consistent with Finding #5 because: While the project does not propose a complete landscape plan for the entire lots, it does include a tree planting plan. The proposed trees are an appropriate use for their proposed location because they will serve as a screen between lots. Further, front, side and rear yard space has been preserved for future homeowners to individually craft the landscaping for their homes. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project is consistent with Finding #6 because: In accordance with the City’s Green Building Regulations, the building will satisfy the requirements for CALGreen Mandatory + Tier 2. 900 N. California Avenue (15PLN-00155) Page 9 SECTION 5. Conditions of Approval. Planning Division 1. The plans submitted for Building Permit shall be in substantial conformance with plans received and date stamped August 19, 2016, except as modified to incorporate these conditions of approval. 2. The applicant has requested removal of basement construction and subterranean building area from the single family home designs on Lots 1 and 3 and submitted revised plans documenting this change. Any future request to construct a basement under these homes shall require an amendment to this approval and a noticed public hearing before the Architectural Review Board pursuant to the procedures set forth in Palo Alto Municipal Code Section 18.77.070 (Architectural Review Process). 3. Construction of the proposed project shall comply with the City’s most recent policies and ordinances related to site dewatering, including compliance with the City Council ordinance adopted on March 7, 2017, regarding the Testing, Monitoring and Protective Measures for Temporary Construction-related Dewatering. This condition shall have precedence over any other basement or dewatering condition contained herein. 4. ARB Subcommittee: Prior to the issuance of building permits, the applicant shall return to the ARB subcommittee for approval of the following items, to the satisfaction of the Director of Planning and Community Environment: a. On lot 3, 912 N. California Avenue, revise the exterior wall and roof materials to better reflect the chosen forms and to create more architectural unity and clarity to the design. The preferred materials given the forms would be cedar shingles for wall cladding and composition shingles, cedar shingles/shakes or metal shingles for roofing. i. The applicant shall provide a 12-foot wide driveway on Lot 3 with a landscape buffer between the driveway and the adjacent property. ii. This approval does not include the propose guest house and garage. The proposed guest house and garage shall be reviewed by a subcommittee of the Architectural Review Board for a recommendation. 5. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. Project plans submitted for Building permits shall incorporate the following changes: a. Show fencing on all lots to be built with the project for further review and approval Planning Staff at time of building permit submittal. b. Use obscure glazing at the side-facing window of the master bedroom on Lot 2 (900 N. California Avenue) to limit privacy impacts on the house on Lot 1 (2205 Luis Road). c. Use sills at 5-feet height or obscure glazing at 912 N. California’s left side wall at bedroom 2 and bath 2, or provide a planting strip along the interior lot line with tall 900 N. California Avenue (15PLN-00155) Page 10 screening shrubs or narrow trees between these windows and the windows of the neighbor at 920 N. California Avenue. Show the neighbor’s windows on the site plan. 6. Any exterior changes to the building such as size, location, materials or signage are subject to architectural review and approval, and for substantive changes, may require ARB review prior to installation. 7. OBSCURED GLAZING. Use obscure glazing at the side-facing window of the master bedroom on the lot 2 (900 N. California Avenue) to limit privacy impacts on the house on lot 1 (2205 Louis Road). All obscure glazing shall be permanent in nature and shall remain for the life of the structure. Obscure glazing is either decorative glazing that does not allow views through placed into the window frame or acid etched or similar permanent alteration of the glass. Films or like additions to clear glass are not permitted where obscure glazing is shown. Obscure glazing shall not be altered in the future and shall be replaced with like materials if damaged. 8. REQUIRED PARKING: All single family homes shall be provided with a minimum of one covered parking space (10 foot by 20 foot interior dimensions) and one uncovered parking space (8.5 feet by 17.5 feet). 9. UTILITY LOCATIONS: In no case shall utilities be placed in a location that requires equipment and/or bollards to encroach into a required parking space. 10. BAY WINDOWS: Bay windows if at least 18 inches above the interior floor, projecting no more than two feet, and with more than 50% window surface shall not be counted towards the homes floor area ratio (FAR). Any changes to proposed bay windows must first be reviewed and approved by the Director of Planning and Community Environment. 11. DAYLIGHT PLANE: The daylight plane must clear the point where the wall plane intersects the top of the roof material. 12. IMPERVIOUS SURFACE: A minimum of 60 % of the required front yard shall have a permeable surface that permits water absorption directly into the soil (Section 18.12.040 (h)). The building permit plan set shall include a diagram demonstrating compliance. 13. FENCES. Show fencing on all lots to be built with the project for further review and approval by Planning Staff at the time of building permit submittal. Fences and walls shall comply with the applicable provisions of Chapter 16.24, Fences, of the Palo Alto Municipal Code (PAMC). Heights of all new and existing fencing must be shown on the Building Permit plans. 14. LIGHT WELLS. Railings around light wells shall be screened from street view. Screening may consist of plant material or fencing. 15. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited 900 N. California Avenue (15PLN-00155) Page 11 to; materials, fenestration and hard surface locations. Contact your Project Planner at the number below to schedule this inspection. 16. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. 17. Development Impact Fees. The proposed project would replace one single-family home and two secondary units on one parcel with three new single family homes on three parcels, therefore the estimated impact fees are $49,509.40 18. 90-day Protest Period. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. 19. NOISE PRODUCING EQUIPMENT: All noise producing equipment shall be located outside of required setbacks, except they may project 6 feet into the required street side setbacks. In accordance with Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 20. Noise. All noise producing equipment shall not exceed the allowances specified in Section 9.10 Noise of the Palo Alto Municipal Code, including the following: A. Construction hours shall be limited to 8:00am to 6:00pm Monday through Friday and 9:00am to 6:00pm on Saturdays. No construction is allowed on Sundays or Holidays as specified in Title 9 of the Municipal Code. B. No individual piece of equipment shall produce a noise level exceeding one hundred ten (110) dBA at a distance of twenty-five feet. C. The noise level at any point outside of the property plane of the project shall not exceed ninety (90) dBA. 900 N. California Avenue (15PLN-00155) Page 12 D. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. Public Works-Urban Forestry PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 20. Urban Forestry conditions apply to all three lots #1, 2 and 3. Responsible parties of Individual Review shall transfer each applicable condition to plan sheets for each lot to be considered approvable. 21. Lot 3 Designated Tree(s). In addition to public or protected trees (Regulated by Tree Ordinance), the applicant has designated four additional trees to be retained and protected per the tree protection plan. Thus, the Director has designated the following tree(s) #2-11”, 3-12” (Holly Oaks) and a 6” olive and 7” plum (unnumbered) of the tree report/site plan to be shown as retained, protected and permanently preserved as condition of this discretionary review process (Single Family Individual Review or other). This tree designation is for the following reasons: privacy, substantial visual character or other stated provisions of PAMC 18.76.020(d). The project arborist supervision and monthly monitoring inspections from [Kielty Arborist Services-650-515-9783] are required. The Building Permit Site Plan shall clearly indicate this note in addition to any other Regulated tree on or adjacent to the property. 22. BUILDING PERMIT SUBMITTAL- PROJECT ARBORIST CERTIFICATION LETTER. Prior to submittal for staff review, attach a Project Arborist Certification Letter that he/she has; (a) reviewed the entire building permit plan set submittal and, (b)* verified all his/her updated TPR mitigation measures and changes are incorporated in the plan set, (c) affirm that ongoing Contractor/Project Arborist site monitoring inspections and reporting have been arranged with the contractor or owner (see Sheet T-1) and, (d) understands that design revisions (site or plan changes) within a TPZ will be routed to Project Arborist/Contractor for review prior to approval from City. * Other changes. The certification letter will verify that incorporated design changes and are consistent with City Tree Technical Manual Standards, Regulations and information: a. Provide a project arborist’s Updated Tree Protection Report (TPR) with building permit level mitigation measures, (e.g., resolve grading proximity issues with Public trees, neighbor trees; exact TPZ scaled in feet). Provide plan revision directions to minimize root cutting conflicts that are obvious in the civil, basement, sidewalk improvement sheets.  On lot #3, the updated TPR will issue location ID #’s and specific controls for adequate root preservation of trees 1, 2, 3 and unnumbered olive and plum.  Updated TPR shall include oversight of two new street trees to be installed on Lot 1 and 2. b. Palo Alto Tree Technical Manual Construction Standards, Section 2.00 and PAMC 8.10.080. 23. Provide a written agreement with the neighboring property owner that the project arborist will inspect, monitor, protect, and provide needed maintenance for any protected status oak trees as 900 N. California Avenue (15PLN-00155) Page 13 described in the tree protection report. A copy of the agreement shall be provided to the Urban Forestry Section with the Certification Letter at the time of building permit submittal. Landscaping must be compatible with the health and vitality of native oaks, including prohibiting any turf grass within 25 feet of the main trunk. Landscaping and irrigation recommendations and cautions shall be added to the tree protection report on sheet T-2. 24. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include the following information and notes on relevant plan sheets: a. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City’s full-sized, Sheet T-1 (Tree Protection-it's Part of the Plan!), available on the Development Center website at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant shall complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree Activity Inspection Schedule. Monthly reporting to Urban Forestry/Contractor is mandatory. (Insp. #1: applies to all projects; with tree preservation report: Insp. #1-7 applies) b. The Tree Preservation Report (TPR). All sheets of the Applicant’s TPR approved by the City for full implementation by Contractor, Kielty Arborist Services-650-515-9783, Updated version of December 21, 2014 TPR, shall be printed on numbered Sheet T-1 (T-2, T-3, etc) and added to the sheet index. c. Plans to show protective tree fencing. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Regulated Tree, (#1, 2, 3, 4, 5 including private olive & plum) using a bold dashed line enclosing the Tree Protection Zone (Standard Dwg. #605, Sheet T-1; City Tree Technical Manual, Section 6.35-Site Plans); or by using the Project Arborist’s unique diagram for each Tree Protection Zone enclosure. 25. SPECIAL PLAN NOTES: In addition to showing TPZ fencing, add the following Notes on the specified Plan Sheets. a. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree Protection Report and the approved plans”. b. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall add a note applying to the trees to be protected, including neighboring trees stating: "Regulated Tree--before working in this area contact the Project Site Arborist at Kielty Arborist Services-650-515-9783"; c. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall include the following note: “Utility trenching shall not occur within the TPZ of the protected tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions.” 900 N. California Avenue (15PLN-00155) Page 14 d. Note #4. “Basement or foundation plan. Soils Report and Excavation for basement construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers may be necessary) in order to avoid over-excavating into the tree root zone. Any variance from this procedure requires Urban Forestry approval, please call (650) 496-5953.” e. Note #5. “Pruning Restrictions. No pruning or clearance cutting of branches is permitted on City trees. Contractor shall obtain a Public Tree Permit from Urban Forestry (650-496-5953) for any work on Public Trees” 26. TREE REMOVAL OR PLANTING—PROTECTED & RIGHT-OF-WAY TREES. One Publicly-owned tree #6 (28” Modesto ash) is approved for removal, as shown accurately located on all site plans, require authorization by a Urban Forestry Tree Care Permit prior to issuance of any building, demolition or grading permit. This will also be referenced in a separate Street Work Permit from Public Works Engineering. Complete the applicant information portion, and sign the Public Tree Care Permit for planting of a new street tree. Submit via email or over the counter at the Development Center with an 8 ½” x 11” copy of the site plan for our records – this may be completed at building permit stage. Find the application here: http://cityofpaloalto.org/gov/depts/pwd/trees/. a. Add plan note for each tree to be removed or planted that states, “Tree Removal. Contractor shall obtain a completed Urban Forestry Tree Care Permit separate from the Building or Street Work Permit. Permit notice hanger and conditions apply. Contact (650-496-5953).” 27. NEW RIGHT-OF-WAY TREES—PERFORMANCE MEASURES. Two new public trees shall be installed on the Louis Road frontage on Lot 1 and lot 2, and shall be shown on all relevant plans: site, utility, irrigation, landscape, etc. in a location 10’ clear radius from any (new or existing) underground utility or curb cut. a. Add note on the Planting Plan that states, “Tree Planting. Prior to in-ground installation, Urban Forestry inspection/approval required for tree stock, planting conditions and irrigation adequacy. Contact (650-496-5953).” b. Landscape Plan tree planting shall state the Urban Forestry approved species, 24” box, Fraxinus p. ‘Cimzamm’, Cimarron Ashe and using Standard Planting Dwg. # #604, and shall note the tree pit dug at least twice the diameter of the root ball. Wooden cross-brace is prohibited. c. Add note on the Planting & Irrigation Plan that states, “Irrigation and tree planting in the right- of-way requires a street work permit per CPA Public Works standards.” d. Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. e. Automatic irrigation bubblers shall be provided for each tree. Standard Dwg. #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed 900 N. California Avenue (15PLN-00155) Page 15 at the edge of the root ball. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards. Bubblers mounted inside an aeration tube are prohibited. 28. LANDSCAPE PLANS a. Include all changes recommended from civil engineer, architect and staff, including planting specifications if called for by the project arborist. b. Provide a detailed landscape and irrigation plan encompassing on-and off-site plantable areas out to the curb as approved by the Architectural Review Board. 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 will prepare these plans, to include:  All existing trees identified both to be retained and removed including street trees.  Complete plant list indicating tree and plant species, quantity, size, and locations.  Irrigation schedule and plan.  Fence locations.  Lighting plan with photometric data.  Landscape Plan shall ensure the backflow device is adequately obscured with the appropriate screening to minimize visibility (planted shrubbery is preferred, painted dark green, decorative boulder covering acceptable; wire cages are discouraged).  All new trees planted within the public right-of-way shall be installed per Public Works (PW) Standard Planting Diagram #603 or 604 (include on plans), and shall have a tree pit dug at least twice the diameter of the root ball.  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.  Automatic irrigation shall be provided to all trees. For trees, Standard Dwg. #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. Bubblers shall not be mounted inside an 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. c. Landscape notes shall be added to include the following mandatory criteria:  “Prior to any planting, all plantable areas shall be tilled to 12” depth, and all construction rubble and stones over 1” or larger shall be removed from the site.”  “A turf-free zone around trees 36” diameter (18” radius) required for best tree performance.”  “Percolation & drainage checks will be performed and adequately corrected.”  “Fine grading inspection of all plantable areas will be personally inspected for tilling depth, rubble removal, soil test amendments are mixed and irrigation trenching will not cut through any tree roots.” 900 N. California Avenue (15PLN-00155) Page 16  “Tree and Shrub Planting Specifications, including delivered stock, meets Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling roots and previously topped trees are subject to rejection.” DURING CONSTRUCTION 29. TREE PROTECTION VERIFICATION. Prior to any site work a written verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section (derek.sproat@cityofpaloalto.org). The fencing shall contain required warning sign and remain in place until final inspection of the project. 30. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 31. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, Kielty Arborist Services-650-515-9783 with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 32. CONDITIONS. All Planning Department conditions of approval for the project shall be printed on the plans submitted for building permit. 33. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 34. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 35. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 900 N. California Avenue (15PLN-00155) Page 17 PRIOR TO OCCUPANCY 36. URBAN FORESTRY DIGITAL FILE & INSPECTION. The applicant or architect shall provide a digital file of the landscape plan, including new off-site trees in the publicly owned right-of-way. A USB Flash Drive, with CAD or other files that show species, size and exact scaled location of each tree on public property, shall be delivered to Urban Forestry at a tree and landscape inspection scheduled by Urban Forestry (650-496-5953). 37. PROJECT ARBORIST CERTIFICATION LETTER. Prior to written request for temporary or final occupancy, the contractor shall provide to the Planning Department and property owner a final inspection letter by the Project Arborist. The inspection shall evaluate the success or needs of Regulated tree protection, including new landscape trees, as indicated on the approved plans. The written acceptance of successful tree preservation shall include a photograph record and/or recommendations for the health, welfare, mitigation remedies for injuries (if any). The final report may be used to navigate any outstanding issues, concerns or security guarantee return process, when applicable. 38. PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact the city planner (650-329-2441) to inspect and verify Special Conditions relating to the conditions for structures, fixtures, colors and site plan accessories. POST CONSTRUCTION 39. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-2008 or current version) and the City Tree Technical Manual, Section 5.00. Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. Public Works Engineering Division The following comments are provided as a courtesy and shall be addressed prior to any other permit application submittal. This includes Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit and Encroachment Permit but after the Planning entitlement approval. 40. MAPPING: Applicant shall file for a Minor Subdivision Application with the Planning Department for creating three (3) or lots. Public Works’ Tentative Maps and Preliminary Parcel Maps checklist must accompany the completed application. All existing and proposed dedications and easements must be shown on the submitted map. The map would trigger further requirements from Public Works, see Palo Alto Municipal Code section 21.12 for Preliminary Parcel Map requirements and section 21.16 for Parcel Map requirements. The Parcel Map shall be recorded prior to issuance of building permit or grading and excavation permit. A digital copy of the Parcel Map, in AutoCAD format, shall be submitted to Public Works Engineering and shall conform to North American Datum 1983 State Plane Zone 3 for horizontal survey controls and NGVD88 for vertical survey controls. 900 N. California Avenue (15PLN-00155) Page 18 41. Provide the following as a note on the Parcel Map: C.3 MAINTENANCE STATEMENT LOTS CREATED SHALL COMPLY WITH MUNICIPAL REGIONAL STORM WATER PERMIT (MPR) C.3 PROVISIONS. THE STORMWATER TREATMENT MEASURES CONSTRUCTED ON EACH LOT SHALL BE MAINTAINED AND REPAIRED IN PERPETUITY BY THE PROPERTY OWNER. FUTURE DEVELOPER/PROPERTY OWNERS SHALL ENTER INTO ONE OR SEPARATE AGREEMENTS WITH THE CITY TO MAINTAIN TREATMENT MEASURES ON A FORM APPROVED BY THE CITY ATTORNEY. THIS CONDITION SHALL BE BINDING ON SUBDIVER AN ANY SUCCESSORS IN INTEREST. 42. SUBDIVISION IMPROVEMENT AGREEMENT: Subdivision Improvement Agreement is required to secure compliance with condition of approval and security of the offsite improvements per PAMC Section 21.16.220. 43. COST ESTIMATE: Provide a construction cost estimate for the proposed off-site improvements. PRIOR TO ISSUANCE OF AN EXCAVATION AND GRADING PERMIT AND/OR BUILDING PERMIT. 44. Parcel Map shall be recorded with the County Recorder. 45. DEMOLITION PLAN: Place the following note adjacent to an affected tree on the Site Plan and Demolition Plan: “Excavation activities associated with the proposed scope of work shall occur no closer than 10-feet from the existing street tree, or as approved by the Urban Forestry Division contact 650-496-5953. Any changes shall be approved by the same”. 46. GRADING PERMIT: An Excavation and Grading Permit is required for grading activities on private property that fill, excavate, store or dispose of 100 cubic yards or more based on PAMC Section 16.28.060. Applicant shall prepare and submit an excavation and grading permit to Public Works separately from the building permit set. The permit application and instructions are available at the Development Center and on our website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 47. GEOTECHNICAL REPORT: Shall clearly identify the highest projected groundwater level to be encountered in the area of the proposed basement in the future will be ______ feet below existing grade. Provide the following note on the Rough Grading and Final Grading Plans. “In my professional judgement, the highest projected groundwater level to be encountered in the area of the proposed basement in the future will be ______ feet below existing grade. As a result, the proposed drainage system for the basement retaining wall will not encounter and pump groundwater during the life of this wall.” 48. GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a licensed professional that includes existing and proposed spot elevations, earthwork volumes, finished floor elevations, area drain and bubbler locations, drainage flow arrows to demonstrate proper drainage of the site. Adjacent grades must slope away from the house a minimum of 2% or 5% for 10-feet per 2013 CBC section 1804.3. Downspouts and splashblocks should be shown on 900 N. California Avenue (15PLN-00155) Page 19 this plan, as well as any site drainage features such as swales, area drains, bubblers, etc. Grading that increases drainage onto, or blocks existing drainage from neighboring properties, will not be allowed. Public Works generally does not allow rainwater to be collected and discharged into the street gutter, but encourages the developer to keep rainwater onsite as much as feasible by directing runoff to landscaped and other pervious areas of the site. See the Grading & Drainage Plan Guidelines for New Single Family Residences on the City’s website. http://www.cityofpaloalto.org/civicax/filebank/documents/2717 The bioretention areas shall not be closer than 10-feet from the front property line and 3-feet from the side property line. Provide these dimensions directly on the plans. Also the bioretention areas should only treat the impervious areas. As shown the bioretention areas appear to treat both the pervious and impervious areas. Either increase the size of these to treat both the pervious and impervious areas or direct the only the impervious areas (roof, deck, patio, etc) only to these through piped system. Plans provide don’t indicate if a permeable pavement system is proposed. If a permeable pavement system is proposed provide the combined and the individual lot square footage areas. Provide the following as a note on the plans “Pervious paving systems of 3,000 SF or more requires installation inspection.” 49. Provide the following note on the Grading and Drainage Plan and/or Site Plan: “Contractor shall contact Public Works Engineering (PWE) Inspectors to inspect and approve the storm drain system (pipes, area drains, inlets, bubblers, dry wells, etc.) associated with the project prior to backfill. Contractor shall schedule an inspection, at a minimum 48-hours in advance by calling (650)496- 6929”. 50. UTILITY PLAN: shall be provided with the Building Permit and demonstrate if project’s storm drain utility will drain by gravity or if a pump is required. Public Works generally does not allow downspout rainwater to be collected, piped and discharged into the street gutter or connect directly to the City’s infrastructure. The utility plan shall indicate downspouts will be disconnected, daylight at grade, directed to landscaped and other pervious areas of the site. Downspouts shall daylight away from the foundation. If pumps are required plot and label where the pumps will be located, storm water runoff from pumped system shall daylight to the onsite landscaped areas allowed to infiltrate and flow by gravity to the public storm drain line. Storm water runoff that is pumped shall not be directly piped into the public storm drain line. Bioretention swales shall be designed to use the full swale length for treatment, place the bubbler (outlet) and catch basin (inlet) at the ends of the swale. For example swales near building two appear to have inlet at the midway point instead of the ends. 51. The site drainage system that collects runoff from downspouts and landscape area shall be a separated from the pump system that discharges runoff from light wells. Plot and clearly label the two separate systems and including the separate outfalls for each system. 900 N. California Avenue (15PLN-00155) Page 20 52. BASEMENT DRAINAGE: Due to high groundwater throughout much of the City and Public Works prohibiting the pumping and discharging of groundwater, perforated pipe drainage systems at the exterior of the basement walls or under the slab are not allowed for this site. A drainage system is, however, required for all exterior basement-level spaces, such as lightwells, patios or stairwells. This system consists of a sump, a sump pump, a backflow preventer, and a closed pipe from the pump to a dissipation device onsite at least 10-feet from the property line and 3-feet from side a rear property lines, such as a bubbler box in a landscaped area, so that water can percolate into the soil and/or sheet flow across the site. Include these dimensions on the plan. The device must not allow stagnant water that could become mosquito habitat. Additionally, the plans must show that exterior basement-level spaces are at least 7-3/4” below any adjacent windowsills or doorsills to minimize the potential for flooding the basement. Public Works recommends a waterproofing consultant be retained to design and inspect the vapor barrier and waterproofing systems for the basement. 53. BASEMENT SHORING: Shoring Plans prepared by a licensed professional are required for the Basement Excavation and shall be submitted with the Grading and Excavation Permit. Shoring for the basement excavation, including tiebacks, must not extend onto adjacent private property or into the City right-of-way without having first obtained written permission from the private property owners and/or an encroachment permit from Public Works. 54. DEWATERING: Excavation may require dewatering during construction. Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is not allowed. Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level. We recommend that a piezometer be installed in the soil boring. The contractor shall determine the depth to groundwater immediately prior to excavation by using a piezometer or by drilling and exploratory hole. Based on the determined groundwater depth and season the contractor may be required to dewater the site or stop all grading and excavation work. In addition Public Works may require that all groundwater be tested for contaminants prior to initial discharge and at intervals during dewatering. If testing is required, the contractor must retain an independent testing firm to test the discharge water for contaminants Public Works specifies and submit the results to Public Works. Public Works reviews and approves dewatering plans as part of a Street Work Permit. The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. Public Works has a sample dewatering plan sheet and dewatering guidelines available at the Development Center and on our website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp The following links are included to assist the applicant with dewatering requirements. http://www.cityofpaloalto.org/civicax/filebank/documents/30978 http://www.cityofpaloalto.org/civicax/filebank/documents/51366 http://www.cityofpaloalto.org/civicax/filebank/documents/47388 900 N. California Avenue (15PLN-00155) Page 21 55. WATER FILLING STATION: Due to the California drought, applicant shall install a water station for the non-potable reuse of the dewatering water. This water station shall be constructed within private property, next to the right-of-way, (typically, behind the sidewalk). The station shall be accessible 24 hours a day for the filling of water carrying vehicles (i.e. street sweepers, etc.). The water station may also be used for onsite dust control. Before a discharge permit can be issued, the water supply station shall be installed, ready for operational and inspected by Public Works. The groundwater will also need to be tested for contaminants and chemical properties for the non- potable use. The discharge permit cannot be issued until the test results are received. Additional information regarding the station will be made available on the City’s website under Public Works. 56. GROUNDWATER USE PLAN: A Groundwater Use Plan (GWUP) shall be submitted for review for any project which requires dewatering. The GWUP, a narrative that shall be included in or accompany the Dewatering Plan, must demonstrate the highest beneficial use practicable of the pumped groundwater. The GWUP shall also state that all onsite, non-potable water needs such as dust control shall be met by using the pumped groundwater. Delays in submitting the GWUP can result in delays in the issuance of your discharge permit as Public Works requires sufficient review time which shall be expected by the applicant. 57. STORM WATER TREATMENT: This project shall comply with the storm water regulations contained in provision C.3 of the NPDES municipal storm water discharge permit issued by the San Francisco Bay Regional Water Quality Control Board (and incorporated into Palo Alto Municipal Code Chapter 16.11). These regulations apply to land development projects that create or replace 10,000 square feet or more of impervious surface. In order to address the potential permanent impacts of the project on storm water quality, the applicant shall incorporate into the project a set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality, subject to the approval of the Public Works Department. The applicant shall identify, size, design and incorporate permanent storm water pollution prevention measures (preferably landscape-based treatment controls such as bioswales, filter strips, and permeable pavement rather than mechanical devices that require long-term maintenance) to treat the runoff from a “water quality storm” specified in PAMC Chapter 16.11 prior to discharge to the municipal storm drain system. Effective January 1, 2016, regulated projects, must contract with a qualified third- party reviewer during the Building permit review process to certify that the proposed permanent storm water pollution prevention measures comply with the requirements of Palo Alto Municipal Code Chapter 16.11. The certification form, 2 copies of approved storm water treatment plan, and a description of Maintenance Task and Schedule must be received by the City from the third-party reviewer prior to approval of the building permit by the Public Works department. 58. STORM WATER TREATMENT: Provide the following as note on the plans: “At the time of installation of the required storm water treatment measures and prior to the issuance of any occupancy permit, a third-party reviewer shall also submit to the City a certification for approval that the project’s permanent measures were constructed and installed in accordance to the approved permit drawings. “ 900 N. California Avenue (15PLN-00155) Page 22 59. STORM WATER POLLUTION PREVENTION: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet must be included in the plan set. Copies are available from Public Works on our website http://www.cityofpaloalto.org/civicax/filebank/documents/2732 60. LOGISTICS PLAN: The applicant and contractor shall submit a construction logistics plan to the Public Works Department that addresses all impacts to the City’s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, on-site staging and storage areas, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact. The plan shall be prepared and submitted along the Rough Grading and Excavation Permit. Plot the construction fence, entrances, shoring, limits of over excavation, construction workers parking area, staging and storage areas within the private site for equipment and material. It shall include notes as indicated on the approved Truck Route Map for construction traffic to and from the site. Plan shall also indicate if the bus stop will need to be relocated. Show how the bike lane will remain accessible during construction. 61. WORK IN THE RIGHT-OF-WAY: The plans must clearly indicate any work that is proposed in the public right-of-way, such as sidewalk replacement, driveway approach, or utility laterals. The plans must include notes that the work must be done per City standards and that the contractor performing this work must first obtain a Street Work Permit from Public Works at the Development Center. If a new driveway is in a different location than the existing driveway, then the sidewalk associated with the new driveway must be replaced with a thickened (6” thick instead of the standard 4” thick) section. Additionally, curb cuts and driveway approaches for abandoned driveways must be replaced with new curb, gutter and planter strip. 62. OFFSITE IMPROVEMENT PLANS: Provide an off-site improvement plan that shows the proposed improvements (replacement of curb and gutter, sidewalk, driveways, pavement restoration), street trees (if any). The rolled curb and gutter along the frontage shall be replaced in kind. The existing ramp at the corner shall be replaced with two directional ramps that comply with the accessibility requirements. The sidewalk section along the new driveway locations shall be replaced with a thicker section per City standards. Any of the existing striping that is affected with the replacement of the concrete or asphalt work, shall also be replaced with thermoplastic material. The off-site plans shall include the striping. Plans shall include all of the existing laterals that are designated to remain or abandoned and all new laterals that are required to serve the project. New hydrant upgrades may also require new lateral for that hydrant. Plot and clearly label the upgrades on the plans. 63. RESURFACING: Provide the following as a note on the plans “The applicant and contractor will be responsible for resurfacing (grind and overlay) portions of Louis Road and North California Avenue based on the roadway surface condition after project completion and limits of trench work. At a minimum full with of pavement resurfacing along the project along the project frontages may be required.” Plot the limits of resurfacing on the plans. 64. SIDEWALK, CURB & GUTTER: As part of this project, the applicant must replace existing sidewalks, curbs, gutters or driveway approaches in the public right-of-way along the frontage(s) of the 900 N. California Avenue (15PLN-00155) Page 23 property. Project shall also replace the three of the existing ramps at the intersection of Louis Road and North California Avenue with new accessibly compliant ramps. The site plan and grading and drainage plan submitted with the building permit plan set must show the extent of the replacement work. The plan must note that any work in the right-of-way must be done per Public Works’ standards by a licensed contractor who must first obtain a Street Work Permit from Public Works at the Development Center. 65. Provide the following note on the Site Plan and adjacent to the work within the Public road right- of-way. “Any construction within the city’s public road right-of-way shall have an approved Permit for Construction in the Public Street prior to commencement of this work. THE PERFORMANCE OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN ON THE BUILDING PERMIT FOR INFORMATION ONLY.” 66. Add the following note on the Site Plan and Grading and Drainage Plan “Excavation activities shall not occur closer than 10 feet from the existing street tree, as approved by the Urban Forestry Division. Any changes shall be approved by the same, contact urban forestry at 650-496-5953.” 67. Provide the following note on the Site Plan and Grading and Drainage Plan: “Contractor shall not stage, store, or stockpile any material or equipment within the public road right-of-way.” Construction phasing shall be coordinate to keep materials and equipment onsite. 68. UTILITIES: Note that all above ground utilities, such as transformer, backflow preventer, gas meters, etc., shall be located within project site but accessible from the street. 69. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. 70. STREET TREES: The applicant may be required to replace existing and/or add new street trees in the public right-of-way along the property’s frontage(s). Call the Public Works’ arborist at 650-496- 5953 to arrange a site visit so he can determine what street tree work, if any, will be required for this project. The site plan submitted with the building permit plan set must show the street tree work that the arborist has determined, including the tree species, size, location, staking and irrigation requirements, or include a note that Public Works’ arborist has determined no street tree work is required. The plan must note that in order to do street tree work, the applicant must first obtain a Permit for Street Tree Work in the Public Right-of-Way from Public Works’ arborist (650- 496-5953). 71. ADJACENT NEIGHBORS: For any improvements that extend beyond the property lines such as tie- backs for the basement, provide signed copies of the original agreements with the adjacent property owners. The agreements shall indicate that the adjacent property owners have reviewed and approved the proposed improvements (such as soldier beams, tiebacks) that extend into their respective properties 900 N. California Avenue (15PLN-00155) Page 24 PRIOR TO BUILDING PERMIT FINAL 72. STORMWATER MAINTENANCE AGREEMENT: The applicant shall designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance measures. The maintenance agreement shall be executed prior to the first building occupancy sign-off. The City will inspect the treatment measures yearly and charge an inspection fee. There is currently a $381 C.3 (2015FY) plan check fee that will be collected upon submittal for a grading or building permit. The following comments are provided as a courtesy and must be complied with at the Building Permit phase of this project (after the Planning entitlement approval): NOTE: Please be advised that the Palo Alto City Council has approved a new energy and green building ordinance as of April 20th with the final administrative approval on May 11th. State filing requirements are currently underway. The following requirements reflect the criteria from the new ordinance. Due to the nature and typical schedule of this this project type, it is assumed that this application will submit for a building permit after the new requirements are adopted, which is targeted for June 20th, 2015. To review the upcoming changes, view the press release which contains a link to the approved language. You may also email Melanie Jacobson at Melanie.Jacobson@CityofPaloAlto.org for specific questions about your project. Local Energy Reach Code for Residential Projects 73. The project includes new construction and therefore triggers the Local Energy Efficiency Reach Code. For all new single-family residential, multi-family residential, and non-residential construction: The performance approach specified within the 2013 California Energy Code shall be used to demonstrate that the TDV Energy of the proposed building is at least 15% less than the TDV Energy of the Standard Design. (Ord. 5324 § 1 (part), 2015) Green Building Requirements for Residential Projects 74. The project is a new construction residential building and therefore must meet the California Green Building Code mandatory requirements outlined in Chapter 4, (with local amendments) plus Tier 2 minimum pre-requisites and electives outlined in Appendix A4* (with local amendments). The project must hire a Green Building Special Inspector for a pre-permit third-party design review and a third-party green building inspection process. The project must select a Green Building Special Inspector from the City’s list of approved inspectors. This list will be available in early June. The project has provided a preliminary GB-1 sheet in the planning package. Requirement met. OR The project must provide a preliminary GB-1 sheet for planning entitlement. Submittal requirements are outlined on the Development Services Green Building webpage. http://www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp PAMC 16.14.080 (Ord. 5324 § 1 (part), 2015) *Note: Projects subject to Tier 1 or Tier 2 shall not be required to fulfill any requirements outlined 900 N. California Avenue (15PLN-00155) Page 25 in Appendix A4.2 Energy Efficiency. All energy efficiency measures are found in the 2013 California Energy Code and the Palo Alto Energy Reach Code PAMC 16.17 & 16.18. 75. The project is a residential construction project of any size and therefore must meet the enhanced construction waste reduction at tier 2 (75% construction waste reduction). PAMC 16.14.160 (Ord. 5324 § 1 (part), 2013) 76. The project is a new detached single-family dwelling and therefore shall comply with the following requirements for electric vehicle supply equipment (EVSE) as shown in : a) The property owner shall provide as minimum a panel capable to accommodate a dedicated branch circuit and service capacity to install at least a 208/240V, 50 amperes grounded AC outlet (Level 2 EVSE). The raceway shall terminate in close proximity to the proposed location of the charging system into a listed cabinet, box, enclosure, or receptacle. The raceway shall be installed so that minimal removal of materials is necessary to complete the final installation. The raceway shall have capacity to accommodate a 100-ampere circuit. b) Design. The proposed location of a charging station may be internal or external to the dwelling, and shall be in close proximity to an on-site parking space. The proposed design must comply with all applicable design guidelines, setbacks and other code requirements. PAMC 16.14.420 (Ord. 5263 § 2, 2014) Utilities Water-Gas-Wastewater Engineering PRIOR TO ISSUANCE OF DEMOLITION PERMIT 77. Prior to demolition, the applicant shall submit the existing water/wastewater fixture unit loads (and building as-built plans to verify the existing loads) to determine the capacity fee credit for the existing load. If the applicant does not submit loads and plans they may not receive credit for the existing water/wastewater fixtures. 78. The applicant shall submit a request to disconnect all utility services and/or meters including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. FOR BUILDING PERMIT 79. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 80. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way 900 N. California Avenue (15PLN-00155) Page 26 including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. 81. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc). 82. 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. 83. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA’s for domestic service shall be lead free. Show the location of the RPPA on the plans. 84. An approved reduced pressure detector assembly is required for the existing or new water connection for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive (a double detector assembly may be allowed for existing fire sprinkler systems upon the CPAU’s approval). Reduced pressure detector assemblies shall be installed on the owner's property adjacent to the property line, within 5’ of the property line. Show the location of the reduced pressure detector assembly on the plans. 85. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. 86. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 87. Existing water services that are not a currently standard material shall be replaced at the applicant’s expense. 88. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 89. Each unit or place of business shall have its own water and gas meter shown on the plans. Each parcel shall have its own water service, gas service and sewer lateral connection shown on the plans. 90. A new water service line installation for domestic usage is required. For service connections of 4- inch through 8-inch sizes, the applicant's contractor must provide and install a concrete vault with meter reading lid covers for water meter and other required control equipment in accordance with the utilities standard detail. Show the location of the new water service and meter on the plans. 900 N. California Avenue (15PLN-00155) Page 27 91. A new gas service line installation is required. Show the new gas meter location on the plans. The gas meter location must conform with utilities standard details. 92. A new sewer lateral installation per lot is required. Show the location of the new sewer lateral on the plans 93. Where public mains are installed in private streets/PUEs for condominium and town home projects the CC&Rs and final map shall include the statement: “Public Utility Easements: If the City’s reasonable use of the Public Utility Easements, which are shown as P.U.E on the Map, results in any damage to the Common Area, then it shall be the responsibility of the Association, and not of the City, to Restore the affected portion(s) of the Common Area. This Section may not be amended without the prior written consent of the City”. 94. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilities procedures. 95. Utility vaults, transformers, utility cabinets, concrete bases, or other structures can not be placed over existing water, gas or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas or wastewater mains/services or meters. New water, gas or wastewater services/meters may not be installed within 10’ or existing trees. Maintain 10’ between new trees and new water, gas and wastewater services/mains/meters. 96. To install new gas service by directional boring, the applicant is required to have a sewer cleanout at the front of the building. This cleanout is required so the sewer lateral can be videoed for verification of no damage after the gas service is installed by directional boring. 97. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: 900 N. California Avenue (15PLN-00155) Page 28 ATTEST: APPROVED: City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: Those plans prepared by Kohler and Associates Architects titled “900 N. California Avenue”, consisting of 49 pages, dated August 19, 2016. Recommendation Staff recommends that the City Council uphold the Director’s approval of an Architectural Review application, thereby denying the appeal. Executive Summary The applicant received approval last year to subdivide a large R-1 zoned property into three lots. The applicant proposes to demolish three existing homes on that property, which would be replaced by three new homes; one of the new homes would have a second dwelling unit. Typically, new home development is reviewed by city staff. However, when an application to construct three or more new homes is filed, the Code requires additional review by the Architectural Review Board (ARB), which forwards a recommendation to the Director. Following ARB review, the Director approved the proposed homes in November. This decision was appealed necessitating review before the City Council. The appellant’s reason for the appeal is provided in Attachment B and summarized as:  The appellant states that not one of the neighbors within 600 feet of the project site received notice of the ARB Public Hearing.  The appellant believes that residents have not had an opportunity to comment on issues related to: o Management of heavy commuter and school/bicycle traffic twice daily and construction worker parking. o The impact of dewatering three units simultaneously. o Ongoing monitoring and contact personnel for ad hoc communications from residents. o Remedy the current inadequate on site signage that needs to be expanded for notifying the general neighborhood of the construction on site. o Shared driveway between Site 2 and Site 3. The City Council may accept this report and adopt the staff recommendation on Consent, thereby denying the appeal and accepting the Director’s decision based on the information contained herein. Alternatively, if three or more City Councilmembers request, the matter can be pulled from the Consent calendar and scheduled for a future noticed public hearing (approximately 6-8 weeks from this Council date). Included with this report are all relevant records, including the Director’s determination letter (Attachment D) and an excerpt of the verbatim transcript of the ARB meeting (Attachment C). Background The proposed project is an Architectural Review of three single family homes. Typically, single family homes are reviewed by City staff for conformance with the Individual Review Guidelines (PAMC 18.12.110) and processed in accordance with the Low-Density Residential Review Process (PAMC 18.77.075). However, three or more single family homes proposed at one time require review by the City’s Architectural Review Board (PAMC 18.76.020(b)(2)(c)) and an ultimate decision by the Director of Planning and Community Environment. The Directors decision can be appealed to the City Council. The project site contains three existing homes on one lot with three different addresses. The project would demolish these homes and construct one new single family home on each parcel. The largest of the three parcels would be developed with a second dwelling unit. The proposed homes are all two-stories with basements. Each home contains below grade patios and light wells to allow light into the basements. Houses range in size from approximately 3,100 square feet to almost 4,000 square feet (sf). The homes are generally a traditional architectural style with contemporary Colonial Revival architectural elements. Louis Road provides access to Lot 1; Lots 2 and 3 are accessed from California Avenue. A detailed description of the proposed project is included in Attachment I. The City’s Architectural Review Board reviewed and recommended approval to the Director of Planning and Community Environment on September 15, 2016. Their motion included a condition to return to the ARB subcommittee with revisions as described below. The Director signed the determination letter on November 1, 2016. The Palo Alto Municipal Code provides 14 days to file an appeal, and a timely appeal was filed on November 15, 2016. A discussion of the September 15, 2016 hearing is provided below. Accompanying the request for Architectural Review was a parcel map to subdivide the property into three lots for each of the single family homes. This parcel map requested an exception to the PAMC for one of the lots to exceed the minimum lot size. This project was reviewed by the City’s Planning and Transportation Commission on October 26, 2016, which unanimously recommended conditional approval to the City Council. The City Council reviewed the proposed parcel map on November 14, 2016. The Council added conditions to the parcel map which required the accessory dwelling unit and garage to be setback eight-feet from all property lines and that the applicant submit a geotechnical report that considered the simultaneous dewatering of site for the proposed homes. With these conditions, the Council voted to approve the project at the November 14, 2016 hearing. ARB Review and Recommendation The ARB reviewed the project plans and oral testimony from the applicant at a public hearing on September 15, 2016. Members of the public did not attend the meeting to provide comments. The ARB discussed the aesthetic quality of the project, access width of the driveway on lot 3 and the location and architectural style of the homes, garage and accessory dwelling unit on lot 3. The ARB requested that the applicant return to a subcommittee of the ARB to review the driveway width on lot 3 and the style and positioning of the detached garage and accessory dwelling unit. The ARB transcript of the meeting is provided in Attachment C. The applicant has recently modified the project plans in response to the Board’s direction and those plans are the ones included in this report. Specifically changes from the director approved plans and the plans included in this packet include the following:  The home on lot 3 is setback 12 feet from the property line at 920 N. California Ave. This space affords a landscape buffer and 11 foot driveway.  In response to the Council’s direction, the accessory dwelling unit and garage are setback eight feet from all property lines. The accessory dwelling unit has a window header height of six-foot nine-inches, which is less than the seven-foot tall fence along the property lines. The applicant also incorporated landscape screening between the fence and homes to enhance the level of privacy.  The accessory dwelling unit and detached garage incorporated similar design elements as the main residence on lot 3. Discussion The appellants are Beatrix Cashmore, the property owner of 928 N. California Avenue and Nicholas Kaposhilin of 936 N. California Avenue. Below is a summary of key appeal statements and information about the issues raised in the appeal, followed by initial staff comments. If the appeal is granted and the Council elects to schedule this item for a noticed public hearing, the Council would conduct a “de novo” hearing, which means it may consider any of the issues raised by appellants or any other issue related to architectural review. Appeal Comment 1: The appellant suggests improper public noticing of the ARB hearing on September 15, 2016. Staff Response: The proposed project is subject to the City’s public noticing requirements. The Palo Alto Municipal Code requires notice of a public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Mailed notice was sent on September 2, 2015, 13 days prior to the hearing. Notice of the hearing was published in the September 2, 2016 edition of the Palo Alto Weekly, 13 days in advance of the hearing. The hearing agenda was also available online on the city’s website and posted at the information kiosk at city hall. Attachments E and F contain an excerpt from the city’s mailing list and includes the appellant’s information. An affidavit attesting to proper noticing is also included in this attachment. Based on the foregoing, staff has concluded the project met and exceeded the standard noticing requirements. Staff is unable to attest as to whether the appellant actually received the notice, which is subject to other variables beyond the city’s control, including proper postal delivery and what an individual or family member does with the notice and the amount of attention paid to the notice when received. Appeal Comment 2: The appellant suggests input from local residents is required regarding management of potentially disruptive or unsafe effects on the neighborhood and should be addressed in collaboration with project planners. Staff Response: This is an understandable comment since the appellant reports not being informed about the project. In most instances, local residents would become informed of the project through site posting and mailed notices, which provides an opportunity for interested persons to offer comments about the project and to express concerns about potential impacts. The city also uses an online service to sign up for email notification of planning projects in their neighborhood (https://paloalto.buildingeye.com/planning). While the appellant’s concerns were not expressed prior to the determination letter, the city routinely evaluates projects from a multi-disciplinary perspective receiving comments from the city’s planning, building, public works, utilities, fire, urban forestry, and legal departments. This particular project was approved based on a number of standard conditions intended to minimize the disruptive impacts of construction. Additionally, a few special conditions were added to this approval determination to address the unique nature of three sites being developed at one time. Some of these special and standard conditions are provided below that related to this issue:  Condition #59: The applicant and contractor shall submit a construction logistics plan to the Public Works Department that addresses all impacts to the City’s right-of-way, including, but not limited to: o Pedestrian control o Traffic control o Truck routes o Material deliveries o Contractor’s parking o On-site staging and storage areas o Concrete pours o Crane lifts o Work hours o Noise control o Dust control o Storm water pollution prevention o Contractor’s contact. This plan is required to be prepared and submitted for review by the City along the Rough Grading and Excavation Permit. Plot the construction fence, entrances, shoring, limits of over excavation, construction workers parking area, staging and storage areas within the private site for equipment and material. The plan is also required to include notes as indicated on the approved Truck Route Map for construction traffic to and from the site, and how the bike lane will remain accessible during construction  Condition # 64: Provide the following note on the Site Plan and adjacent to the work within the Public road right-of-way. “Any construction within the city’s public road right- of-way shall have an approved Permit for Construction in the Public Street prior to commencement of this work. THE PERFORMANCE OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN ON THE BUILDING PERMIT FOR INFORMATION ONLY.”  Condition # 66: Contractor shall not stage, store, or stockpile any material or equipment within the public road right-of-way.” Construction phasing shall be coordinate to keep materials and equipment onsite. Further, the parcel map approved by the City Council includes conditions to setback the accessory dwelling unit and perform geotechnical assessment of the simultaneous effects of dewatering. These conditions also include the logistics plan previously mentioned. Appeal Comment 3: Management of heavy commuter and school/bicycle traffic twice daily at the construction site plus parking for construction workers Staff Response: This is related to the above comment. This specific issue will be addressed by the construction logistics plan that will be reviewed by the public works and transportation departments. Transportation’s review in particular will address operational constraints related to safe routes to school, pedestrian and bicycle safety as well as use of flag persons, parking management and other requirements. The construction logistics plan will also be reviewed by City and School Traffic Safety Committee for their expertise in creating a plan that ensures safe school routes. Appeal Comment 4: A new geotechnical study to assess the aggregate impact of dewatering three units simultaneously Staff Response: There has been increased community interest on the impacts of dewatering associated with the construction of basements in the city’s residential neighborhoods. In response, the city’s public works department has established certain reporting and analysis requirements for projects involving dewatering. The city’s Policy and Services Committee recently held a community meeting on this topic and some additional measures and requirements are being explored. As noted earlier, the public works department has reviewed the proposed project. The project includes a specific condition that requires a geotechnical report. Specifically, the condition requires the following:  Condition of Approval 53 – Dewatering: o Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is not allowed. Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system. o The geotechnical report for this site must list the highest anticipated groundwater level. o Based on the determined groundwater depth and season the contractor may be required to dewater the site or stop all grading and excavation work. In addition Public Works may require that all groundwater be tested for contaminants prior to initial discharge and at intervals during dewatering. o Public Works reviews and approves dewatering plans as part of a Street Work Permit. The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. Public Works has a sample dewatering plan sheet and dewatering guidelines available at the Development Center and on the City’s website at. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp The following links are included to assist the applicant with dewatering requirements. http://www.cityofpaloalto.org/civicax/filebank/documents/30978 http://www.cityofpaloalto.org/civicax/filebank/documents/51366 http://www.cityofpaloalto.org/civicax/filebank/documents/47388 It is anticipated that this review combined with standard practices and the department’s evolving policies on this topic will ensure that dewatering impacts will be minimized. Appeal Comment 5: Remedying the inadequate onsite signage notifying residents of the proposed project Staff Response: As noted and as included in Attachment G, the project site contains onsite signage as required by the municipal code. In addition, the PAMC requires notice of the hearing to be given at least 10 days prior to the hearing by publication in a local newspaper, by posting in a public place, and by mailing to the applicant, the hearing requestor, if applicable, and all residents and owners of property within 600 feet of the project. The notice is required to include the address of the property, a brief description of the proposed project, and the date and time of the hearing. While there could be an argument for evaluating the city’s noticing procedures, including on-site posting requirements, staff believes the project complied with the applicable noticing requirements. Appeal Comment 6: Discussion regarding shared driveway for lots 2 and 3 to increase the permeable surface. Staff Response: The proposed driveways for the project utilize the existing driveway locations already on the subject property. This proposal minimizes the amount of earthwork, grading and site alterations to City streets and sidewalks. The existing driveways consist of impermeable surfaces. The project proposes that the driveway on Lot 3 will be a permeable driveway. Therefore, the project increases the permeability of the existing driveways onsite. Further, sharing a driveway presents potential conflicts between neighbors and would require a reciprocal access agreement. In addition, our Code disfavors flag lots in residential areas in part to minimize future neighbor disputes. Ultimately, the proposal conforms to the Zoning Code requirement of 60% permeable surface in the front setback (18.12.040(h)) and improves the existing condition by increasing permeability on the site. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is exempt from CEQA pursuant to Section 15303(a) (New Construction or Conversion of Small Structures). The project includes a proposal to construct three new single family homes. The proposed homes are located in an urbanized area on a site used continuously for residential purposes by three existing single- family homes. The proposed exemption allows for the construction of up to three homes in an urbanized area. Therefore, the project is consistent with the subject exemption. Public Comments As of the writing of this report, no project-related, public comments were received beyond the appeal letter. Alternative Actions In addition to the recommended action, the City Council may: 1. Remove the project from consent and continue the hearing to March 13, 2017. A/C A/C 12'open'g LIVING ROOM BEDROOM 1 ENTRY BATH 1 GARAGE FAMILY ROOM NOOK KITCHEN DINING ROOM POWD. PANTRY SINK DW 48" REF. 2'4" 2'6"2'6" COVERED PORCH SECOND FLOOR ABOVE 7' o p e n ' g ℄ 48"RANGE 3'6" ℄ ℄ 30" OVEN GARAGE DOOR 8' x 8' 2'8" 4'-0" 11'-5"x14'-0" 16'-8" x12'-0"12'-4" x11'-2" 12'-6" x10'-6" 13'-9"x17'-8" STUDY 2'8" ℄ 3' ROYALITE 2'x3'6" ROYALITE 2'x3'6" SECOND UNCOVERED PARKING SPACE 9'x 18' ℄ ℄ ℄ A8 A A8 A A8B A8B 10'-21 2" 20 ' - 2 " 24X24 W 24X24 D LAUNDRY 2'6" 2'6" 2'4" 2'8"2'8" 2'4" FUR. 6'-41 2" 51'-8" 3'-8"16'-51 2"21'-01 2"10'-6" 6' - 5 1 2" 13 ' - 8 " 4'- 1 " 5' - 0 " 3'- 1 1 " 41'-2"6"10'-0" 52'-4" 46 ' - 0 " 14 ' - 9 1 2" 31 ' - 2 1 2" 47 ' - 4 1 2" 0 1 5 10 A3 1/4"=1'-0" FI R S T F L O O R P L A N NE W R E S I D E N C E O F : GR E G X I O N G 22 0 5 L O U I S R O A D PA L O A L T O , C A L I F O R N I A 04.20.15 1/4"=1'-0" FIRST FLOOR PLAN revisions by drawn checked date scale job no. sheet of sheets U.D. ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C T F 2205 LOUIS RD LOT1 03.02.16 06.10.16 08.18.16 02.28.17 2'4" 2'6" 2'8" M.BATH WALK-IN-CLOSET BEDROOM 2 BATH 2 BEDROOM 3 HALL 2 2'6"2'6" ℄ 5 FT. HIGH WING WALL 2'8" R & S R & S R & S 2'8" 2'6" 2'4" MAKE UP 1'10" MASTER BEDROOM 15'-4" x 15'-9"13'-10" x 11'-0" 13'-6" x 6'-4" 10'-6" x 11'-10" 10'-10" x 5'-2" 10'-6" x 11'-10" 5' opening BAY WINDOW 18" ABOVE FLOOR 38'-41 2" 5'-2"2'-1"16'-1"3'-2"3'-51 2"7'-6" 11" 39 ' - 5 1 2" 18 ' - 8 " 8' - 0 " 12 ' - 9 1 2" 2'- 2 1 2" 16 ' - 2 1 2" 8'- 3 1 2" 12 ' - 9 1 2" 1' - 0 " 39 ' - 5 1 2" 38'-41 2" 13'-9"10'-101 2"13'-9" 2 x 6 2 x 6 2 x 6 A8 A A8 A A8B A8B BALCONY 5'- 6 " 0 1 5 10 A4 1/4"=1'-0" SE C O N D F L O O R P L A N 04.20.15 revisions by drawn checked date scale job no. sheet of sheets U.D. ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C T F NE W R E S I D E N C E O F : GR E G X I O N G 22 0 5 L O U I S R O A D PA L O A L T O , C A L I F O R N I A 1/4"=1'-0" SECOND FLOOR PLAN 03.02.16 2205 LOUIS RD LOT1 06.10.16 08.18.16 02.28.17 A8A A8A MECH. ROOM A8 B UPGYM FURN. FURN. WINE ROOM L.W. STORAGE LAUNDRY W D BEDROOM 1 2'6"2'6" HALL 3 2' 4 " 2'8" 2'6" A8 B FIRST FLOOR OUTLINE FIRST FLOOR OUTLINE 2'6" 2'6" 2'6"2'6" 2'8" BATH 57'-4" 53'-4"4'-0" 3' - 1 1 " 53 ' - 9 " 5' - 6 " 25 ' - 1 0 1 2" 22 ' - 4 1 2" 57'-4" 2'-9"3'-11"21'-71 2"25'-01 2"4'-0" 53 ' - 9 " 3' - 1 1 " 26 ' - 8 " 16 ' - 3 " 10 ' - 1 0 " 9'-6"18'-6" 7'- 9 " 4' - 6 " 2'8" 2' 3'OPENING 3'6" OPENING 2'8" 3' 14 ' - 0 " 501 10 N 1/4"=1'-0" BA S E M E N T P L A N 04.20.15 revisions by drawn checked date scale job no. sheet of sheets ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C F T U.D. BASEMENT PLAN 1/4"=1'-0" NE W R E S I D E N C E O F : GR E G X I O N G 90 0 N . C A I L F O R N I A A V E N U E PA L O A L T O , C A L I F O R N I A A2 900 N. CALIFORNIA LOT2 03.02.16 06.10.16 08.18.16 02.28.17 A8A A8A NOOK POWDER ROOM DINING ROOM A8 B FAMILY ROOM KITCHEN BEDROOM 2 BEDROOM 1 BELOW GRAD PATIO. 2'6" ENTRY 3' COVERED PORCH 11'-4" x 14'-10" UP DN GARAGE 2'6" 2'6" 2'8" 2'8" OVEN REF. COFFEE W SI N K DW 12" W A L L 12" W A L L HALL 1 SECOND FLOOR OUTLINE BATH 1 13'-1" x 16'-7" 13'-1" x 11'-10" LIVING ROOM 14'-10" x 10'-6" 4'-0"9'-6" 12 ' - 5 " 16'-9" x 14'-8" 19'-0" x 15'-7" 16'-9" x 7'-5" 53 ' - 9 " 4' - 9 " 5' - 6 " 50'-8"6'-8" 16 ' - 1 0 1 2" 53 ' - 9 " 17'-8" 38 ' - 2 " 19'-6" 5'- 6 " 13 ' - 5 1 2" 57'-4" 10 ' - 1 0 " 20'-61 2" 57'-4" 20'-61 2"12'-3"4'-0" A8 B CL TO DOOR BELOW AC AC L.W. COVERED PORCH COVERED PORCH 6'-8" 10" 12'-21 2"10"3'-2"10" 8' - 1 " 10 " 7' - 1 1 2" 10 " 4'- 6 " 1'-6" 5' - 1 0 1 2" 6'- 5 " 2'8" PANTRY 2'8"2'8" 2'8" 2'8" 2'4" 2'2' 2'2' 14 ' - 8 " 4'- 0 " 6'-10" 9' - 0 1 2" PANTRY 2'6" 3' - 6 " 3'-6" 3'-61 2" 3' - 6 " N 501 10 A3 1/4"=1'-0" FI R S T F L O O R P L A N 04.20.15 revisions by drawn checked date scale job no. sheet of sheets ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C F T U.D. FIRST FLOOR PLAN 1/4"=1'-0" NE W R E S I D E N C E O F : GR E G X I O N G 90 0 N . C A L I F O R N I A A V E N U E PA L O A L T O , C A L I F O R N I A 900 N. CALIFORNIA LOT2 03.02.16 06.10.16 08.18.16 02.28.17 A8A A8A MASTER BEDROOM WALK-IN BEDROOM 4 BATH 3 BALCONY A8 B 2'8" 2'8" DN BATH 2 2'8" 2'8" 11'-4" x 12'-1" 11'-9" x 11'-6" BEDROOM 3 2' 8 " 2'6" 2'6" HALL 2 ℄ 1'10" 2'6" 2'6" 2'6"2'4"MASTER BATH 2'4" MAKE UP 2'6" 8'-71 2" 12'-3"6'-111 2" 12 ' - 1 " 15'-11 2" 1' - 5 " 5' - 6 1 2" 4'-41 2"4'-41 2"7'-10" 46'-6" 14 ' - 1 1 " 40 ' - 0 " 6'-2" 11 ' - 1 1 2" 11" 46'-6" 8' - 2 " 4'-21 2" 4' - 4 1 2" 7'-8"14'-6" 40 ' - 0 " 2' - 6 " 1'- 6 " 2' - 5 " 12 ' - 5 " 7'- 6 1 2" A8 B 17'-0" x 14'-5" 501 10 N A4 1/4"=1'-0" SE C O N D F L O O R P L A N 04.20.15 900 N. CALIFORNIA SECOND FLOOR PLAN 1/4"=1'-0" NE W R E S I D E N C E O F : GR E G X I O N G 90 0 N . C A L I F O R N I A A V E N U E PA L O A L T O , C A L I F O R N I A revisions by drawn checked date scale job no. sheet of sheets ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C F T U.D. LOT2 03.02.16 06.10.16 08.18.16 02.28.17 A/C A/C 12'open'g LIVING ROOM BEDROOM 1 ENTRY BATH 1 GARAGE FAMILY ROOM NOOK KITCHEN DINING ROOM POWD. PANTRY SINK DW 48" REF. 2'4" 2'6"2'6" COVERED PORCH SECOND FLOOR ABOVE 7' o p e n ' g ℄ 48"RANGE 3'6" ℄ ℄ 30" OVEN GARAGE DOOR 8' x 8' 2'8" 4'-0" 11'-5"x13'-6" 16'-8" x12'-0"12'-4" x11'-2" 12'-6" x10'-6" 13'-9"x17'-8" STUDY 2'8" ℄ 3' ROYALITE 2'x3'6" ROYALITE 2'x3'6" SECOND UNCOVERED PARKING SPACE 9'x 18' ℄ ℄ ℄ A8 A A8 A A8B A8B 10'-31 2" 20 ' - 2 " 24X24 W 24X24 D LAUNDRY 2'6" 2'6" 2'4" 2'8"2'8" 2'4" FUR. 6'-41 2" 52'-4" 3'-111 2"24'-71 2"13'-2"10'-7" 46 ' - 0 " 6' - 5 1 2" 1' - 3 " 1' - 3 1 2" 20 ' - 9 " 9' - 9 " 4'- 1 " 5' - 0 " 3'- 1 1 " 1'-21 2"2'-31 2"37'-8"6"10'-8" 52'-4" 46 ' - 0 " 14 ' - 9 1 2" 19 ' - 8 1 2" 5' - 1 1 2" 6'- 4 1 2" 0 1 5 10 A3 1/4"=1'-0" FI R S T F L O O R P L A N NE W R E S I D E N C E O F : GR E G X I O N G 22 0 5 L O U I S R O A D PA L O A L T O , C A L I F O R N I A 04.20.15 1/4"=1'-0" FIRST FLOOR PLAN revisions by drawn checked date scale job no. sheet of sheets U.D. ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C T F 2205 LOUIS RD LOT1 03.02.16 06.10.16 08.18.16 02.28.17 MASTER BEDROOM M.BATH BEDROOM 3 2'6" 2'4" BALCONY 2'6"2'6" 14'-6" x 17'-8" 10'-11" x 12'-0" BATH 2 HALL 2 A8 A A8 A A8B A8B 2'8" 2'8" 2'8" 2'8" 2'6" 2'6" BEDROOM 2 10'-9" x 14'-11" 4'-4"1'-6"15'-1"3'-9"8'-0"4'-21 2" 4'-5" 1'- 8 " 31'-9" 18'-6" 2'4" LOUNGE W.I.C. 7'-6" x 6'-5" W.I.C. 12'-0" x 6-6" 2'6" 55 ' - 9 1 2" 2'- 8 " 3' - 1 1 " 2' - 0 " 18 ' - 4 1 2" 10 ' - 4 " 10 ' - 4 " 9' - 3 " 5' - 6 " 2' - 0 " 6" 24 ' - 1 1 " 5'- 1 0 " 19 ' - 0 1 2" 3' - 6 " 2'- 3 " 55 ' - 9 1 2" 4' - 2 " 4' - 9 " 8"11'-01 2"11'-101 2"5'-7"2'-7" 5'-91 2"31'-9"2'-11" 5'-0"5'-41 2" BATH 3 8" 10'-5" 2'6" 2'6"BALCONY 0 1 5 10 A4 1/4"=1'-0" SE C O N D F L O O R P L A N 04.20.15 NE W R E S I D E N C E O F : GR E G X I O N G 91 2 N . C A L I F O R N I A A V E N U E PA L O A L T O , C A L I F O R N I A 1/4"=1'-0" SECOND FLOOR PLAN revisions by drawn checked date scale job no. sheet of sheets ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C F T U.D. 912 N. CALIFORNIA LOT 3 03.02.16 06.10.16 02.28.17 LIVING ROOM FAMILY ROOM NOOK KITCHEN COVERED PORCH LIBRARY BEDROOM 1 BATH 1 9'-10" x 13'-0" 12'-6" x 12'-0"16'-2" x 16'-8"5' O P E N I N G COVERED PORCH A/C A/C SECOND FLOOR OUTLINE DINING ROOM A8 A A8 A A8B A8B 5' O P E N I N G POWDER 3'6" 4'-4" DN UP 2'0" 2'4" 2'6" 2'8" 48" REF. 30" OVEN 24" MW. 1'- 6 " 17 ' - 5 1 2" 17 ' - 5 " 6'- 5 1 2" 4'- 6 " 6'- 5 1 2" 42'-0" 13'-5"10'-0"17'-1" 1'-6" 4'-4" 4' - 5 1 2" 2'- 0 " 2' - 2 " 11'-0"1'-61 2"1'-6"1'-6"1'-61 2" 2'- 0 " 1'- 8 " 6"6" Ø8'-0" 19'-7" Ø8' - 0 " W D 2'6" 2'6" 2'4" 2'4" 2'6"2'6"2'8" 2'0" 2'4" FURN. WINE LAUNDRY PANTRY 16 ' - 4 " 14'-2" 20 ' - 6 " 12'-10" x 17'-7" 27 ' - 6 1 2" 64 ' - 5 " 6' - 2 " 38 ' - 9 1 2" 16 ' - 9 1 2" 64 ' - 5 " 24'-01 2"13'-71 2" 42'-0" 0 1 5 10 A3 1/4"=1'-0" 912 N. CALIFORNIA FI R S T F L O O R P L A N NE W R E S I D E N C E O F : GR E G X I O N G 91 2 N . C A L I F O R N I S PA L O A L T O , C A L I F O R N I A 04.20.15 1/4"=1'-0" FIRST FLOOR PLAN revisions by drawn checked date scale job no. sheet of sheets ROGER K.KOHLER #-C7334 REN: APRIL.2017 S T A T E OF CA L I O R N IA L IC E N S E D A RCH I T E C F T U.D. LOT 3 03.02.16 06.10.16 08.18.16 02.28.17