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HomeMy WebLinkAboutStaff Report 7714City of Palo Alto (ID # 7714) City Council Staff Report Report Type: Action Items Meeting Date: 5/8/2017 City of Palo Alto Page 1 Summary Title: 689-693 Arastradero Preliminary Parcel Map with Exceptions for Bowman School Title: PUBLIC HEARING/QUASI-JUDICIAL. 689-693 Arastradero [16PLN-00228]: Consideration of Applicant's request for Approval of a Preliminary Parcel Map, With Exceptions, to Merge Two Existing Parcels into One Parcel. The Exception Would Allow the Merged Parcel to Exceed the Maximum Lot Area for the purpose of Constructing a New Private School Campus for Bowman School. The Planning and Transportation Commission Reviewed and Recommended Approval of the Project. Environmental Assessment: A Draft Initial Study and Mitigated Negative Declaration was Circulated on January 19, 2017 for Public Review. A Final Initial Study/Mitigated Negative Declaration is Available. Zoning District: R-1(10,000). From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council take the following actions: 1.Adopt the final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in Attachment F; and 2.Approve the Record of Land Use Action for the Preliminary Parcel Map application, with exceptions, based on findings and subject to conditions of approval set forth in Attachment A. Executive Summary The applicant requests approval of a preliminary parcel map, with exceptions, to merge a 24,688 square foot (sf) parcel located at 693 Arastradero Road with a 30,206 sf parcel located at 689 Arastradero Road. The resulting 54,894 sf parcel would exceed the maximum allowable lot size of 19,999 sf in the R-1(10,000) Zoning District. The proposed preliminary parcel map is City of Palo Alto Page 2 included in Attachment G. The merged parcels would support an expansion to the Bowman International School located at 4000 Terman Drive, approximately 500 feet north of the subject parcel. Through separate approvals, the applicant proposes to construct a new school facility, which would include a gymnasium, an administration and classroom building, a lab space for art and wood shop and an outdoor learning circle amphitheater. The proposed art and wood shop areas would be below grade, leading to the lower portion of the amphitheater. There are two notable policy considerations highlighted for Council consideration that relate to the size of the parcel and the loss of residential housing units. On balance, however, staff finds the proposal in compliance with the comprehensive plan and recommends approval of the parcel map with exceptions. A Draft Initial Study/Mitigated Negative Declaration was prepared and circulated for public review on January 19, 2017. A Final Initial Study/Mitigated Negative Declaration considers public comments on the Draft as well as revisions to the Focused Traffic Impact Assessment based on additional staff requested revisions to the proposed improvements. This document, along with the accompanying mitigation monitoring and reporting program must be adopted to approve the project. Background The Planning and Transportation Commission considered the proposed project in a public hearing held on February 8, 2017 and recommended that Council approve the preliminary parcel map application, with exceptions. A copy of the staff report, without attachments, is included in Attachment D and a copy of the minutes is included in Attachment E. The Commission was generally supportive of the project, voting 5-0 to recommend approval. Commissioners highlighted two concerns related to traffic. One commissioner requested that the Conditional Use Permit include a restriction on the number of special events that may occur at the site. Although the Conditional Use Permit is not subject to PTC or Council purview, unless a hearing is requested, staff concurs and will include a condition related to special events on the Conditional Use Permit to limit the timing and number of events. The other concern was related to the anticipated delay at Arastradero Road and Georgia Avenue, which incorrectly noted a delay of approximately 6 seconds during the PM peak hour at that intersection despite the low number of anticipated trips in the PM peak hour. The Transportation Impact Assessment has since been further reviewed and revised to reflect an actual anticipated delay of .6 seconds. Another commissioner also considered whether the Comprehensive Plan policy encouraging City of Palo Alto Page 3 schools and residential uses to be in close proximity extended to private schools the same way it might to public schools. Private schools tend to draw students from a larger geographic area whereas public schools generally support the population living nearest the school. However, the Comprehensive Plan does not differentiate between private and public schools and the proposed school does provide an additional option for parents and guardians to send their children to preschool. Some commissioners expressed what might be best described as a missed opportunity to rezone the site and provide a multi-family housing development; citing the adjacent multi- family housing project next to the subject property and other nearby land uses. Though, clearly it is not the applicant’s interest or intent to entitle a housing project. At least one other commissioner expressed concern that the one large parcel could result in a substantially large home. However, the R-1 zoning includes a provision that limits the size of homes to 6,000 square feet of floor area, which would likely mitigate this issue. The size of the new proposed parcel did lead the Commission toward adding a condition that requires all discretionary entitlements be obtained prior to approval of a final map, which is reviewed separately by the City Council. This condition has been included in the attached record of land use action. There was also discussion about how the parcel lines could be adjusted to provide for more residential lots, and, based on current zoning and lot area, at least three lots could be established, possibly four, but the development feasibility of the fourth lot, if it could be created, would be limited due to what would be a resultant triangularly shaped lot. Requested Entitlements, Findings, and Purview  Preliminary Parcel Map With Exceptions: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474. Palo Alto Municipal Code section 21.12.100 requires that mergers be processed in the same fashion as a subdivision. The process for approval of a preliminary parcel map for a subdivision is outlined in PAMC Section 21.12.090. Although preliminary parcel maps may be reviewed and approved at a staff level, PAMC Section 21.32.020 requires Council approval of preliminary parcels maps for which an exception is requested. The Council reviews whether the amended subdivision (or in this case, merger) complies and is consistent with the Subdivision Map Act (in particular, Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and state law. The findings to approve a preliminary parcel map are provided in Attachment A. In accordance with PAMC 21.32, exceptions may be granted by City Council after a recommendation by the PTC. Application for such an exception shall be made by petition of the applicant, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be submitted with the preliminary parcel map for which the exception is requested and shall be reviewed and processed City of Palo Alto Page 4 concurrent with said map. The PTC reviewed and recommended approval of the project on February 8, 2017. The petitioners request is included in Attachment C. In addition to the Preliminary Parcel Map with exceptions, staff is concurrently reviewing a separate application for the following entitlements, for which Council review is not required unless a hearing is requested or on appeal: an application for a Major Architectural Review for the proposed on site improvements; a Conditional Use Permit for the proposed use of the site as a private school in the R-1 Zone District; and a requested Variance to allow for the below grade Learning Circle, which exceeds the maximum allowable area for excavated features in the R-1 Zone District. Discussion Key issues and policy implications are discussed in detail in the staff report prepared for the Planning and Transportation Commission provided in Attachment D. A brief summary of staff’s conclusions outlined in that report is provided herein. Zoning Compliance The two existing properties exceed the maximum lot area for the subject R-1 (10,000) Zoning District; the maximum lot size is 19,999 square feet. The applicant proposes to merge the two parcels into one larger parcel to accommodate the proposed development. The resultant lot area would contain 54,894 square feet. There are instances in the code where lot mergers in excess of the maximum standard are permitted; however, it requires no net loss of housing units, or other criteria, which are not met by the proposed development. Accordingly, the applicant has filed for a parcel map exception to allow the parcel to exceed the maximum lot area. Except for the size of the parcel, the proposed parcel map would otherwise meet other applicable site development standards, such as lot depth and width. The purpose of restricting lot size in the R-1 Zone District is to limit the potential for lot combinations to result in a net loss of housing stock and to ensure the resultant homes are not out of scale with the surrounding neighborhood. In this instance, the proposed project would remove three homes, albeit one is nonconforming, and replace these structures with a new private school. Staff’s analysis of the project findings for a parcel map exception are included in Attachment A. Staff’s conclusion summarizes that, due to the irregular (triangular) shape of the lot at 693 Arastradero, the height and floor area ratio (FAR) of development would be restricted by setback and daylight plane requirements to the rear of the lot. The lot merger allows for better site planning; specifically the location of the single taller building to be placed toward the rear of the property rather than at the front of the lot, where it would be more visible to adjacent single-family residential uses and less in character with the neighborhood. Without this City of Palo Alto Page 5 exception, Bowman School would be limited in the types of facilities that could be provided due to the irregular shape of the lot. The granting of this exception would not be detrimental to the public welfare because many of the surrounding lots are much larger than the requested lot size and the majority of the immediately adjacent lots exceed 20,000 sf. In addition, the total number of students that may be enrolled between the two campuses would be consistent with the total number that is already approved to be enrolled at the existing Bowman school campus at 4000 Terman Drive. Consistency with the Comprehensive Plan, Area Plan and Guidelines The site has a Comprehensive Plan land use designation of single-family residential and is not subject to any area plans or specific guidelines. Allowed uses in the single-family residential zoning district include one dwelling unit on each lot as well as conditional uses such as churches and schools. With approval of a CUP, the proposed use for a private school would be consistent with the Comprehensive Plan. One key policy consideration for Council to evaluate is the loss of three housing units to allow for the expansion of an existing private school. The proposed expansion is not for increased enrollment, but to provide additional breakout space for students at the existing Bowman School campus at 4000 Terman Drive and space for younger children. Students ages 3-5 would primarily be located at the new campus, while older students would walk between the existing and proposed campus in order to utilize these breakout spaces. Policy H1.1 of the 2015-2023 Housing Element states “Promote the rahabilitation of deteriorating or substandard residential properties using sustainable and energy conserving approaches.” Although removal of these housing units is not aligned with this policy, a policy consideration must be made in balancing the loss of housing units and the project’s consistency with other goals in the Comprehensive Plan, as outlined in the findings included in Attachment A. In staff’s assessment of the proposal, the loss of residential housing warrants Council discussion. The City, specifically, and the region, generally, has a significant housing shortage and the loss of even a few units requires review. In this particular instance, one of the three residences is nonconforming and would not be allowed under current zoning. The City’s zoning code seeks to have nonconforming uses abated and there is nothing in the City’s local regulations that would require the nonconforming home to remain. The loss of two or three single family housing units is noteworthy, but arguably de minimis in terms of overall housing production and for housing affordability. If the merger were denied, redevelopment of the site would likely include two new large single family homes that would be sold at prices not generally accessible to most home buyers. Additionally, the subject property is located at the edge of a residential neighborhood surrounded by Alta Mesa Memorial Park; a multi-family housing development; a church; and, across the street, other single family residences under similar zoning. City of Palo Alto Page 6 Based on the location of the property and surrounding uses, staff concludes that the proposed lot merger, to accommodate a new school, would not be detrimental to the public welfare, or more specifically, impact the residential neighborhood. The loss of housing units is unfortunate but it does not, from staff’s perspective, outweigh the benefit of the proposed school expansion. Moreover, the current Comprehensive Plan does not contain any current policies that preclude the loss of housing units. The City Council, in its review of the updated plan, may consider policies to address this concern when they review that policy document later this year. 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. A Draft Initial study/Mitigated Negative Declaration (IS/MND) was circulated for public review and comment on January 19, 2017. It was open through February 21, 2017. One comment letter was received during the public comment period. These comments have been considered in the preparation of the Final IS/MND. A link to the Final IS/MND and Mitigation Monitoring and Reporting Program are provided in Attachment F. The Focused Traffic Impact Analysis, as revised, is included as Appendix G to the Final IS/MND. Public Comments As of the writing of this report, three public comments have been received related to the proposed improvements on site as well as the use of the site. These comments are being considered by the ARB and the Director of Planning as part of the application for these requests. No comments have been received related to the proposed preliminary parcel map with exceptions. Alternative Actions In addition to the recommended action, the City Council may: 1. Approve the project with modified findings or conditions 2. Continue the project to a date (un)certain; or 3. Recommend project denial based on revised findings. Attachments: Attachment A: Draft RLUA, Findings and Conditions (DOCX) Attachment B: Location Map (PDF) Attachment C: Applicant's Request Letter (PDF) Attachment D: February 8, 2017 PTC Staff Report without attachments (PDF) Attachment E: Planning and Transportation Commission Hearing Minutes (PDF) Attachment F: Environmental Analysis and Mitigation Monitoring and Reporting Program (DOCX) Attachment G: Project Plans (DOCX) 689-693 Arastradero Drive APPROVAL NO. 2017-6 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 689-693 ARASTRADERO DRIVE: PRELIMINARY PARCEL MAP APPLICATION [16PLN-00228] On ______, 2017, the City Council of the City of Palo Alto considered and approved the Preliminary Parcel Map for the development of a two lot merger 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 23, 2016, Mary Ricks of Bowman School, on behalf of Bowman International School and the Pierce Family Trust, applied for a Preliminary Parcel Map with exceptions for the development of a 54,894 square foot (sf) parcel (“The Project”). B. The project site is comprised of two lots (APN 167-04-012 and APN 167-04- 011) that are 24,688 and 30,206 sf, respectively. The site contains three residential structures, an accessory structure, and two detached garages. 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 February 8, 2017 subject to conditions of approval. 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, a Draft Initial Study/Mitigated Negative Declaration was circulated for public review on January 19, 2017. The public comment period ended on February 21, 2017. A Final Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan was made available in April 2017 and the City Council adopted the Final IS/MND and MMRP on _______, 2017. 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: California Government Code Section 65451 outlines required information for a specific plan. The site does not lie within a specific plan area as specified in Section 65451. It is consistent, on the whole, with the provisions of the Comprehensive Plan, which 689-693 Arastradero Drive encourages schools to be sited near homes and identifies schools as a conditionally permitted land use. The proposed merger would allow better site planning that is more in context with the neighborhood, consistent with the plan goals. 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 and goal: a. Policy L-12: Preserve the character residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures. b. Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. c. Goal H2: Support the construction of housing near schools, transit, parks, shopping, employment and cultural institutions. Surrounding uses at the site include a memorial park to the south, multi-family residential uses to the east, the existing Bowman School and a church to the north, and single-family residential uses to the west across a major arterial road. The proposed structures would be single-story buildings along the Arastradero Road frontage, where the site is located closest to single-family residences and the tallest building, which is still similar in height to existing two-story residences, would be set further back, closer to taller, mixed-use residential uses. These proposed structures are consistent with the mass and scale of the neighborhood and adjacent structures. The location of this satellite school allows for students to walk between the existing Bowman campus and the new buildings, providing additional hands-on indoor and outdoor learning spaces for students at the existing Bowman campus in addition to providing a space for younger, preschool age students. Given the site’s proximity to the existing Bowman campus as well as a park and existing residential uses, the proposed design and improvements at this site are, on balance, consistent with the goals and policies outlined in the Comprehensive Plan. 3. That the site is not physically suitable for the type of development: The site, with approval of the exception to the maximum lot size, is well suited for the proposed school. The proposed school would replace three existing single-family homes, an accessory structure and two detached garages. Three of the houses are currently vacant and two are abandoned. Schools are a conditionally permitted use in the R-1 zoning district and the comprehensive plan encourages the siting of housing and schools in close proximity. 4. That the site is not physically suitable for the proposed density of development: 689-693 Arastradero Drive While the project needs an exception to the maximum lot area, it would be in conformance with all other zoning regulations including the maximum floor area ratio. 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 project site is located in an urbanized area of Palo Alto, and has been developed with residential buildings and landscaping consisting primarily of non-native grasses and shrubs and a mix of native and non-native ornamental trees. The project site does not contain substantial areas of native vegetation or biological resources suitable to provide habitat for sensitive or special status species, such as riparian habitat or other sensitive natural communities. The nearest water features are Adobe Creek, located over 1,000 feet east of the project site and Barron Creek located over 1,500 feet west of the project site. Removal of up to six trees could impact avian species. However, the Mitigated Negative Declaration for the project requires Mitigation Measure BIO-1 to avoid disturbance of nesting and special-status birds. With implementation of this Mitigation Measure, the project would not cause environmental damage or injure fish, wildlife, or their habitat. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The merging of two parcels to create one combined parcel for a school will not cause serious public health problems because the site is designated for such conditionally permitted uses. The use of the site for a school would not generate public health problems in the area because this use would not emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances, or waste. There are no known recognized environmental conditions at the site. The main source of noise at the site would continue to be traffic noise along Arastradero Road. The noise level is not anticipated to increase, as discussed in the Mitigated Negative Declaration. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There is one known Pacific Gas and Electric easement on the property, which is located in the southwestern corner of the site. There are no known plans for use of this easement. The easement would be vacated, quitclaimed, or equivalent prior to issuance of the building permit, as required in accordance with the conditions of approval and as noted on 689-693 Arastradero Drive the preliminary parcel map. The merging of these two parcels would not affect any other public easements on or adjacent to the project site. Access to the site would continue to be provided from Arastradero Road. Therefore, the proposed preliminary parcel map will not conflict with any easements acquired by the public at large, for access through or use of property within the subdivision. SECTION 4. Exception Findings The project proposes the following exception to the zoning standards as depicted on Preliminary Parcel Map:  Exceeds Maximum Lot Size of 19,999 square feet. 1. There are special circumstances or conditions affecting the property. Due to the irregular (triangular) shape of the lot at 693 Arastradero, the height and FAR of development would be unusually restricted by setback and daylight plane requirements. The lot merger allows for better site planning of a school facility; specifically, this merger would allow the single taller building to be placed toward the rear of the property, rather than at the front of the lot where it would be more visible to the adjacent single-family residential uses and less in character with the neighborhood. Therefore, without this exception, Bowman School would be limited in the types of facilities that could be provided due to the irregular shape of the lot. 2. The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Schools are allowed in the R-1 districts with approval of a Conditional Use Permit. In order to build a school with the proposed amenities, sufficient space is required to meet FAR requirements and to maintain appropriate indoor and outdoor space for the children to learn and play. The proposed merger would reduce restrictions on the academic interests that the school wishes to pursue on behalf of its students. If an exception is not granted to allow for a larger lot size, Bowman School would be limited in the ability to provide the requested facilities for classroom learning as well as other breakout space that would be shared with the existing Bowman School limiting their preservation and enjoyment of the right to use of the site for a school, subject to obtaining a Conditional Use Permit. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The purpose of the maximum lot size in the R-1 District is to prevent lot combinations that would allow homes that would be out of scale with other homes in the surrounding neighborhood. This exception would allow for an expansion of Bowman’s existing school just down the street. There are several schools within this area; therefore, this school use is similar to other school uses within the site vicinity. In addition, this site is located close to single-family residences but not 689-693 Arastradero Drive immediately adjacent, which reduces potential for noise impacts on single-family residences. The existing Conditional Use Permit for the Bowman School on 4000 Terman Drive allows for up to 300 students and was determined to not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. With the addition of the new school annex, the total number of students enrolled at the Bowman School site at 4000 Terman (200 feet from the subject property) and the new school would remain at 300 students total. Therefore 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. 4. The granting of the exception will not violate the requirements, goals, policies, or spirit of the law. Pursuant to Municipal Code Section 18.12.010, the purposes of the single family zoning district are to create, preserve, and enhance areas suitable for detached dwellings with a strong presence of nature and with open area affording maximum privacy and opportunities for outdoor living and children’s play. The granting of the exception will permit the construction of the school, which could not otherwise be built and which does not result in a home that is out of scale with the surrounding neighborhood. The school, although not an attached dwelling unit, provides for a strong presence of nature with open space affording opportunities for children to play and learn. The proposed development includes outdoor learning areas, including a learning circle, Science garden, play and exploration yards, patios and walkways. The above, coupled with the residential style and design of the proposed development, do not detract from the purposes for this residential district and would not violate the requirements, goals, policies, or spirit of the law. SECTION 5. Preliminary Parcel Map Approval Granted. Preliminary Parcel Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 7 of this Record. Approval of the Preliminary Parcel Map prepared by McLeod and Associates, “Preliminary Parcel Map with Exceptions For Lot Merger Purposes 689 & 693 Arastradero Road”, consisting of two lots, dated December 15, 2016, is strictly limited to those features required to be included on a preliminary parcel map under PAMC Section 21.12.040. Notwithstanding the title of the Preliminary Parcel Map, no development rights shall vest under PAMC Chapter 21.13 or the Subdivision Map Act as a result of this approval. SECTION 6. Parcel Map Conformance. The Parcel Map submitted for review and approval by the City Council shall be in substantial conformance with the Preliminary Parcel Map prepared by McLeod and Associates, “Vesting Preliminary Parcel Map with Exceptions For Lot Merger Purposes 689 & 693 Arastradero Road”, consisting of two lots, dated December 15, 2016, 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]). 689-693 Arastradero Drive SECTION 7. Conditions of Approval. Planning Division 1. Prior to approval of the parcel map, the applicant will obtain all required entitlements for construction and use of the school, and shall make any modifications to proposed site improvements shown on the Preliminary Parcel Map required as a condition of such entitlements. 2. 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. 3. The owner or designee, prior to issuance of any building permit, shall pay the applicable Development Impact fees. 4. 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. 5. The existing private utility easement along the northwest lot line as well as the existing Pacific Gas and Electric easement in the southwest corner of the site will be quitclaimed, vacated, or equivalent prior to issuance of a building permit. 6. 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. 7. 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 689-693 Arastradero Drive 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. 8. 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. Public Works Engineering Department PRIOR TO PARCEL MAP SUBMITTAL 9. A digital copy of all the documents must be submitted for the reviewing of the Parcel Map, see comment C-1. 10. The Parcel Map shall include CITY ENGINEER STATEMENT, CITY SURVEYOR STATEMENT and DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT STATEMENT. PRIOR TO PARCEL MAP RECORDATION. 11. 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 Siegfried for an initial preliminary review of the documents. Siegfried 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. 12. 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 BUILDING PERMIT ISSUANCE 13. Parcel Map shall be recorded with County Recorder. 689-693 Arastradero Drive Utilities Water Gas Wastewater Department The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. Any water service, gas service, or wastewater lateral not in use must be disconnected and abandoned. 14. Each unit shall have its own water and gas meter. Each parcel shall have its own water service, gas service, and wastewater lateral connection. 15. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. 16. 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. 17. The contractor shall not disconnect any part of the existing water, gas, or wastewater mains except by expressed permission of the WGW utilities inspector and shall submit a schedule of the estimated shutdown time to obtain said permission. 18. Only City forces can work on the City gas distribution system. 19. 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. SECTION 8. Term of Approval. 1. Preliminary Parcel Map. All conditions of approval of the Preliminary Parcel Map shall be fulfilled prior to map recordation (PAMC Section 21.16.010[c]). Unless a Parcel Map is filed, and all conditions of approval are fulfilled within a two- year period from the date of Preliminary Parcel Map approval, or such extension as may be granted, the Preliminary Parcel Map shall expire and all proceedings shall terminate. PASSED: AYES: 689-693 Arastradero Drive NOES: ABSENT: ABSTENTIONS: 10 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 McLeod and Associates titled “Preliminary Parcel Map with Exceptions For Lot Merger Purposes 689 & 693 Arastradero Road”, consisting of one page, dated April 24, 2017. Ter m a n Par k Parki n g L o t Term a n Alta Mesa Memorial Park Gu n n H i g h S c h o o l Gunn High School Hetc h H e t c h y R i g h t o f W a y Rec o r d O v e r l a p Re s e a r c h e d 2 - 1 0 - 1 9 7 6 Hetch Hetchy Right of Way Alta Mesa Memorial Park Alta MesaMemorial Park Ter m a n M i d d l e S c h o o l Bow m a n I n t . 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7 ' 9 5 . 0 ' 3 2 . 4 ' 2 4 . 9 ' 4 0 . 7 ' 9 2 . 2 ' 1 3 0 . 0 ' 9 6 . 9 ' 7 0 . 0 ' 1 1 5 . 0 ' 7 0 . 0 ' 1 1 5 . 0 ' 2 8 . 2 '4 1 . 8 ' 1 1 5 . 0 ' 7 0 . 0 ' 1 1 5 . 0 ' 1 3 0 . 0 ' 7 0 . 0 ' 1 0 8 . 5 ' 7 0 . 0 ' 1 0 8 . 1 ' 7 0 . 0 ' 1 0 8 . 9 ' 7 0 . 0 ' 1 0 8 . 5 ' 1 0 9 . 6 ' 1 7 . 0 ' 5 0 . 5 ' 1 0 2 . 3 ' 6 9 . 5 ' 5 1 . 3 ' 1 0 8 . 9 ' 1 0 3 . 0 ' 1 5 5 . 2 ' 4 0 . 0 ' 1 5 5 . 2 ' 4 0 . 0 ' 1 0 7 . 2 ' 1 1 7 . 0 ' 3 4 . 1 ' 2 6 . 9 ' 1 1 7 . 0 ' 8 7 . 0 ' 1 0 8 . 0 ' 8 0 . 2 ' 5 2 . 2 ' 1 0 8 . 0 ' 8 5 . 0 ' 1 5 . 7 ' 8 6 . 9 ' 1 4 7 . 9 ' 3 0 . 7 ' 8 7 . 3 ' 9 7 . 5 ' 2 8 . 6 ' 4 9 . 9 ' 5 0 . 0 ' 1 3 9 . 2 ' 2 7 . 4 ' 2 6 . 8 ' 1 4 3 . 0 ' 1 2 0 . 4 ' 2 5 . 7 ' 2 9 . 4 ' 6 . 0 ' 1 1 2 . 7 ' 6 7 . 0 ' 4 1 . 9 ' 1 0 8 . 9 ' 8 0 . 0 ' 1 0 9 . 6 ' 2 2 . 1 ' 2 6 . 2 ' 1 1 . 1 ' 1 0 7 . 5 ' 9 9 . 8 ' 1 2 . 2 ' 2 0 . 8 ' 1 3 7 . 8 ' 3 3 . 0 ' 1 3 7 . 8 ' 1 4 3 . 3 ' 6 5 . 7 ' 7 4 . 0 ' 1 2 1 . 9 ' 8 5 . 0 ' 4 7 . 0 ' 9 2 . 2 ' 4 7 . 0 ' 8 5 . 0 ' 1 2 1 . 9 ' 7 4 . 0 ' 9 2 . 2 ' 1 2 8 . 5 ' 1 2 5 . 5 ' 2 4 4 . 7 ' 1 0 4 . 2 ' 7 1 . 6 ' 1 0 8 . 8 ' 3 6 . 6 ' 5 4 . 0 ' 2 1 . 0 ' 2 1 . 0 ' 1 7 7 . 7 ' 2 6 3 . 5 ' 2 6 . 0 ' 7 7 . 0 ' 2 3 9 . 2 ' 1 5 7 . 7 ' 2 5 6 . 9 ' 1 2 5 . 5 ' 1 5 4 . 5 ' 2 6 3 . 5 ' 2 5 . 0 ' 7 7 4 . 4 ' 2 4 7 . 9 ' 8 3 . 8 ' 5 8 . 7 ' 7 1 . 1 ' 1 3 3 . 8 ' 7 0 . 3 ' 6 1 . 4 ' 7 5 . 0 ' 1 2 5 . 3 ' 7 5 . 0 ' 1 2 5 . 2 ' 7 5 . 0 ' 1 2 5 . 3 ' 7 5 . 0 ' 1 2 5 . 3 ' 7 5 . 0 ' 1 2 5 . 4 ' 7 5 . 0 ' 1 2 5 . 3 ' 7 5 . 0 ' 1 2 5 . 5 ' 7 5 . 0 ' 1 2 5 . 4 ' 7 5 . 0 ' 1 2 5 . 2 ' 7 5 . 0 ' 1 2 5 . 1 ' 7 5 . 0 ' 1 2 5 . 6 ' 7 5 . 0 ' 1 2 5 . 5 ' 7 5 . 0 ' 1 2 5 . 7 ' 7 5 . 0 ' 1 2 5 . 6 ' 7 5 . 0 ' 1 2 5 . 7 ' 7 5 . 0 ' 1 2 5 . 7 ' 7 5 . 0 ' 1 2 5 . 8 ' 7 5 . 0 ' 1 2 5 . 7 ' 2 9 . 2 ' 4 5 . 9 ' 1 2 7 . 3 ' 7 5 . 0 ' 1 2 5 . 8 ' 6 0 . 6 ' 1 4 . 9 ' 1 3 5 . 8 ' 7 5 . 0 ' 1 2 7 . 3 ' 1 4 2 . 5 ' 8 9 . 9 ' 4 6 . 5 ' 9 7 . 3 ' 6 5 . 0 ' 9 2 . 1 ' 2 8 . 5 ' 6 6 . 5 ' 9 . 6 ' 1 4 2 . 5 ' 7 0 . 8 ' 7 6 . 1 ' 1 2 5 . 0 ' 5 6 . 1 ' 3 1 . 4 ' 1 0 5 . 0 ' 7 5 . 0 ' 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' 6 7 . 4 ' 1 1 6 . 2 ' 5 4 . 5 ' 3 1 . 4 ' 9 6 . 3 ' 7 4 . 7 ' 1 1 6 . 2 ' 1 3 4 . 0 ' 9 6 . 0 ' 1 3 4 . 0 ' 9 6 . 0 ' 1 3 4 . 0 ' 7 6 . 0 ' 1 3 4 . 0 ' 7 6 . 0 ' 1 3 5 . 0 ' 7 6 . 0 ' 1 3 5 . 0 ' 7 6 . 0 ' 1 3 5 . 0 ' 7 6 . 0 ' 1 3 5 . 0 ' 9 0 . 0 ' 1 0 5 . 0 ' 3 1 . 4 ' 7 0 . 0 ' 1 2 5 . 0 ' 8 9 . 0 ' 1 2 5 . 0 ' 8 9 . 0 ' 1 2 5 . 0 ' 9 0 . 0 ' 1 2 5 . 0 ' 7 0 . 0 ' 3 1 . 4 ' 1 0 5 . 0 ' 1 3 5 . 0 '7 0 . 2 ' 1 3 5 . 0 '7 0 . 0 ' 1 3 4 . 0 ' 7 0 . 4 ' 1 3 4 . 0 ' 7 0 . 2 ' 1 1 6 . 2 ' 6 7 . 4 '1 1 8 . 3 ' 1 2 . 9 '5 4 . 8 ' 6 0 . 0 ' 1 3 5 . 0 ' 4 2 . 7 ' 6 5 . 3 ' 2 7 . 0 ' 3 1 . 4 ' 3 1 . 4 ' 7 0 . 0 ' 1 3 5 . 0 ' 7 0 . 0 ' 1 3 5 . 0 ' 1 1 9 . 2 ' 8 . 7 ' 5 2 . 1 ' 1 3 3 . 3 ' 1 2 9 . 0 ' 1 2 0 . 0 ' 8 6 . 0 ' 1 2 0 . 0 ' 8 6 . 0 ' 1 2 0 . 0 ' 8 6 . 0 ' 1 2 0 . 0 ' 8 6 . 0 ' 1 2 0 . 0 ' 8 6 . 0 ' 1 2 0 . 0 ' 8 6 . 0 ' 1 3 6 . 1 ' 5 4 . 6 ' 1 2 0 . 0 ' 1 1 8 . 8 ' 6 7 . 0 ' 6 7 . 0 ' 1 4 0 . 0 ' 6 7 . 0 ' 1 4 0 . 0 ' 6 9 . 3 '1 4 0 . 0 ' 3 4 . 9 ' 8 3 . 9 ' 4 5 . 3 ' 3 4 . 8 '7 4 . 0 '1 2 7 . 0 ' 7 4 . 0 '1 2 7 . 0 ' 1 0 8 . 4 '4 1 . 0 '8 4 . 2 ' 1 3 4 . 0 '1 2 1 . 1 ' 7 4 . 0 '1 2 7 . 0 ' 7 4 . 0 '1 2 7 . 0 ' 1 2 4 . 8 ' 4 1 . 6 ' 6 2 . 7 ' 7 0 . 6 ' 5 8 . 8 ' 1 1 7 . 5 ' 8 2 . 5 ' 1 1 0 . 9 ' 6 8 . 0 ' 8 2 . 5 ' 6 6 . 0 ' 7 6 . 6 ' 9 8 . 3 ' 8 3 . 2 ' 7 4 . 6 ' 9 6 . 4 ' 7 8 . 5 ' 7 0 . 6 ' 4 9 . 5 ' 8 7 . 8 ' 2 6 . 4 ' 7 9 . 2 ' 3 5 . 6 ' 6 2 . 0 ' 4 0 . 3 ' 1 0 7 . 6 ' 8 5 . 8 ' 7 9 . 2 ' 1 6 6 . 3 ' 5 4 . 8 ' 8 4 . 5 ' 7 5 . 2 ' 1 6 1 . 0 ' 4 6 . 2 ' 1 0 2 . 3 ' 7 0 . 6 ' 3 3 . 0 ' 7 7 . 9 ' 8 5 . 1 ' 6 3 . 4 ' 1 7 8 . 2 ' 1 0 4 . 9 ' 3 7 . 0 ' 1 3 4 . 6 ' 1 4 7 . 2 ' 6 7 . 3 ' 1 5 5 7 . 2 ' 6 6 . 7 ' 1 4 5 1 . 0 ' 1 3 3 . 3 ' 3 0 0 . 0 ' 1 2 4 . 8 ' 4 1 . 6 ' 6 2 . 7 ' 7 0 . 6 ' 5 8 . 8 ' 1 1 7 . 5 ' 8 2 . 5 ' 1 1 0 . 9 ' 6 8 . 0 ' 8 2 . 5 ' 6 6 . 0 ' 7 6 . 6 ' 9 8 . 3 ' 8 3 . 2 ' 7 4 . 6 ' 9 6 . 4 ' 7 8 . 5 ' 7 0 . 6 ' 4 9 . 5 ' 8 7 . 8 ' 2 6 . 4 ' 7 9 . 2 ' 3 5 . 6 ' 6 2 . 0 ' 4 0 . 3 ' 1 0 7 . 6 ' 8 5 . 8 ' 7 9 . 2 ' 1 6 6 . 3 ' 5 4 . 8 ' 8 4 . 5 ' 7 5 . 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PC-2 6 6 6 RE RM-40 RM-30 R-1(10000) R-1 PF This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Park School Zone Districts abc Zone District Labels 689 - 693 Arastradero Road (Project Site) 0'337' 689 - 693 Arastradero Road16PLN-00228 Location Map CITY O F PALO A L TO IN C O R P O R AT E D C ALIFOR NI A P a l o A l t oT h e C i t y o f A P RIL 16 1 894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto vhernan2, 2016-09-08 11:54:07Location Map 693 Arastradero (\\cc-maps\gis$\gis\admin\Personal\vhernan2.mdb) Planning & Transportation Commission Staff Report (ID # 7619) Report Type: Action Items Meeting Date: 2/8/2017 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 689-693 Arastradero: Preliminary Map with Exceptions Title: PUBLIC HEARING / QUASI-JUDICIAL. 689-693 Arastradero [16PLN-00228]: Recommendation to City Council for Approval of a Preliminary Parcel Map, With Exceptions, to Merge Two Existing Parcels into One Parcel. The Exception Would Allow the Merged Parcel to Exceed the Maximum Lot Area. Environmental Assessment: A Draft Initial Study and Mitigated Negative Declaration was Circulated on January 19, 2017 for Public Review. Zoning District: R-1 (10,000) Zoning District. For More Information, Contact Claire Hodgkins at: claire.hodgkins@cityofpaloalto.org. From: Hillary Gitelman Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Recommend approval of the proposed preliminary parcel map application, with exceptions, to the City Council based on findings and subject to conditions of approval set forth in Attachment C. Report Summary The applicant requests approval of a preliminary parcel map, with exceptions, to merge a 24,688 square foot (sf) parcel located at 693 Arastradero Road with a 30,206 sf parcel located at 689 Arastradero Road. The resulting 54,894 sf parcel would exceed the maximum allowable lot size of 19,999 sf in the R-1 (10,000) Zoning District. The merged parcels would support an expansion to the Bowman International School located at 4000 Terman Drive, approximately 500 feet north of the subject parcel. Through separate approvals, the applicant proposes to construct a new school facility, which would include a gymnasium, an administration and classroom building, a lab space for art and wood shop and City of Palo Alto Planning & Community Environment Department Page 2 an outdoor learning circle amphitheater. The proposed art and wood shop areas would be below grade, leading to the lower portion of the amphitheater. There are two notable policy considerations the commission will want to consider that relate to the size of the parcel and the loss of residential housing units; both topics are expanded up on this report. However, on balance, staff finds the proposal in compliance with the comprehensive plan and recommends approval of the parcel map with exceptions. A Draft Initial Study/Mitigated Negative Declaration was prepared and circulated for public review on January 19, 2017. Background Project Information Owner: Bowman School International (693 Arastradero); Pierce Family Trust (689 Arastradero) Architect: Pacific Peninsula Architecture, Inc. Representative: Colleen Reilly Legal Counsel: None Property Information Address: 689-693 Arastradero Road Neighborhood: Green Acres adjacent Lot Dimensions & Area: 693 Arastradero; 24,688 sf 689 Arastradero; 30,206 sf Housing Inventory Site: No Located w/in a Plume: No Protected/Heritage Trees: Yes, three protected oaks to remain Historic Resource(s): An Historic Resources Evaluation has been prepared; the existing structures are not eligible for the California Registry of Historical Resources Existing Improvement(s): Three single-story single-family homes: 689 Arastradero –house, detached garage, and accessory structure built circa 1948; 691 Arastradero – house built circa 1958, 693 Arastradero – house and detached garage built circa 1960 Existing Land Use(s): Single-family residential Adjacent Land Uses & Zoning: North: R-1 (10000) Single-Family Residential zoning (Church) West: R-1 Single-Family Residential zoning (Single-family Residential) East: RM-30 Multi-family Residential Zoning (Multi-family Residential) South: Public Facility Zoning/Open Space (Palo Alto-Los Altos Bike Path) City of Palo Alto Planning & Community Environment Department Page 3 Special Setbacks: Arastradero Road (24 ft. setback) Aerial Image: Source: Google Maps Land Use Designation & Applicable Plans/Guidelines Zoning Designation: R-1 (10000) Comp. Plan Designation: Single-family Context-Based Design: Not Applicable Downtown Urban Design: Not Applicable SOFA II CAP: Not Applicable Baylands Master Plan: Not Applicable ECR Guidelines ('76 / '02): Not Applicable Proximity to Residential Uses or Districts (150'): Yes, in a residential neighborhood Located w/in AIA (Airport Influence Area): Not Applicable Prior City Reviews & Action City Council: None PTC: None City of Palo Alto Planning & Community Environment Department Page 4 HRB: None ARB: 15PLN-00254 Preliminary Architectural Review 10/15/2015 https://www.cityofpaloalto.org/civicax/filebank/documents/49416; 16PLN-00089 First formal as a study session 11/17/2016 http://www.cityofpaloalto.org/civicax/filebank/documents/54708 Project Description The applicant requests approval of a Preliminary Parcel Map, with exceptions, to merge two single-family residential parcels into one parcel that would subsequently be developed as a private school (Bowman School). A Location Map is included in Attachment A. The lots are 24,688 sf and 30,206 sf (respectively, APNs 167-04-011 and 167-04-012) and would result in a combined lot size of 54,894 sf. The maximum lot size in the R-1 (10000) Zoning District is 19,999 sf. The applicant is requesting an exception to exceed the maximum allowable lot size. The lots would continue to be accessed via Arastradero Road. The project request letter, also referred to below as the applicant’s petition, is included in Attachment B and the proposed Preliminary Parcel Map is included in Attachment G. Requested Entitlements, Findings and Purview: The following discretionary applications are being requested and subject to PTC purview:  Preliminary Parcel Map: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474. Palo Alto Municipal Code Section 21.12.100 requires that mergers be processed in the same fashion as a subdivision. The process for approval of a preliminary parcel map for a subdivision is outlined in PAMC Section 21.12.090. Although preliminary parcel maps may be reviewed and approved at a staff level, PAMC Section 21.32.020 requires the Commission to review preliminary parcels maps for which an exception is requested. The Commission reviews whether the amended subdivision (or in this case, merger) complies and is consistent with the Subdivision Map Act (in particular Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. The Commission’s recommendation is forwarded to the City Council for final approval. The findings to approve a Preliminary Parcel Map are provided in Attachment C. In accordance with PAMC 21.32, exceptions may be granted only by the City Council after recommendation by the PTC. Application for such an exception shall be made by petition of the applicant, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be submitted with the tentative or preliminary parcel map for which the exception is requested and shall be reviewed and processed concurrent with said map. Additionally, the project as a whole will require approval for the following, which are not subject to PTC review: City of Palo Alto Planning & Community Environment Department Page 5  Major Architectural Review: Major Architectural Review (AR) is required, as set forth in PAMC 18.77.070. AR applications are reviewed by the ARB and recommendations are forwarded to the Planning & Community Development Director for action within five business days of the Board’s recommendation. Action by the Director is appealable to the City Council if filed within 14 days of the decision. AR projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial.  Conditional Use Permit (CUP): A CUP is required for a private educational facility in the Single-family Residential Zone District. The process for evaluating this type of application is set forth in PAMC 18.77.060. CUP applications are reviewed by the Planning and Community Environment Director. Action by the Director is appealable to the Planning and Transportation Commission and City Council if filed within 14 days of the decision. CUPs are evaluated against specific findings set forth in PAMC 18.76.010. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial.  Variance: A variance is required for the below grade amphitheater, which exceeds the maximum allowable area for excavated features in the Single-family Zone District; the code limits sunken areas adjacent to a basement to 200 sf and the project proposes 3,140 sf. The process for evaluating this type of application is set forth in PAMC 18.76.070. Variance applications are reviewed by the Planning and Community Environment Director. Action by the Director is appealable to the Planning and Transportation Commission and City Council if filed within 14 days of the decision. CUPs are evaluated against specific findings set forth in PAMC 18.76.030. All findings must be made in the affirmative to approve the project. Failure to make any one finding required project redesign or denial. Analysis1 Neighborhood Setting and Character The project site is located in a predominately residential neighborhood, containing a variety of uses. Properties to the northeast along Arastradero Road are zoned Single-family Residential (R- 1 [10,0000]) and include the Palo Alto Christian Reformed Church, single family homes on Ynigo Way and the existing Bowman School Terman site. Properties to the south and southeast of the site, zoned PF and R-E, include the Hetch Hetchy right-of-way/Pedestrian Trail and Alta Mesa Memorial Park. To the north of the site, across Arastradero, properties are zoned R-1 and are single-family residences. To the southwest there is multi-family housing, zoned RM-40, and Gunn High School. To the east of the site (rear) is the Terman Apartments, a multi-family 1 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. Planning and Transportation Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to take an alternative action from the recommended action. City of Palo Alto Planning & Community Environment Department Page 6 apartment complex in the RM-30 Zone District. Adjacent lot sizes range from approximately 122,000 sf (Terman Apartments to the east) and 189,000 sf (Hetch Hetchy right of way to the south) to approximately 43,000 sf (church to the north). Aside from the existing single-family residential uses west and further north of the site, all of the lots in this area exceed the allowable 20,000 sf. A variety of architectural styles are present in the neighborhood, including mid-century and more contemporary styles. The site would be constructed with smaller, single- story residential style buildings at the front of the property and the taller 26 foot gymnasium building would be located towards the rear of the site where it is less visible from the street. Parking would be located at the front of the property along Arastradero, consistent with the parking lot locations of the adjacent Palo Alto Christian Reformed Church and the existing Bowman School Terman site. Zoning Compliance2 The two existing properties exceed the maximum lot area for the subject R-1 (10,000) zoning district; the maximum lot size is 19,999 square feet. Additionally, one of the parcels includes two housing units, exceeding the permitted density for this district. The applicant proposes to merge the two parcels into one larger parcel to accommodate the proposed development. The resultant lot area would contain 54,894 square feet. There are instances in the code where lot mergers in excess of the maximum standard are permitted; however, it requires no net loss in housing units, or other criteria, which are not met by the proposed development. Accordingly, the applicant has filed for a parcel map exception to allow the parcel to exceed the maximum lot area. Except for the size of the parcel, the proposed parcel map would otherwise meet other applicable site development standards, such as lot depth and width. Attachment D provides a summary of the project’s compliance with the zoning standards. The purpose for restricting lot size in the R-1 district is to limit the potential for lot combinations to result in a net loss in the city’s housing stock and to ensure the resultant homes are not out of scale with the surrounding neighborhood. In this instance, the proposed project would remove three homes, albeit one of those is nonconforming, and replace these structures with a new private school. The design of the school buildings and site layout are being reviewed by the ARB. Preliminary Parcel Map The necessary findings for approval of the Preliminary Parcel Map are contained in State law and incorporated into Title 21 of the Municipal Code. Under the Subdivision Map Act, the PTC and Council must make a series of “reverse” findings to justify approval. In particular, the PTC must recommend denying a Preliminary Parcel Map if it makes any of the findings provided in Government Code Section 66474 (see Attachment C). Parcel Map Exception PAMC Chapter 21 includes standards for reviewing parcel maps. Because the project includes deviations from the zoning standards for lot size, the applicant requests an exception to the 2 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca City of Palo Alto Planning & Community Environment Department Page 7 maximum lot size standard pursuant to PAMC 21.32. The maximum lot size of 19,999 sf in the R-1 (10,000) Zone District is established by PAMC 18.12.040. The project proposes one combined lot that is 54,894 sf. The standards applicable to a parcel map exemption are provided in PAMC 21.32.020, which is restated below, with the specific findings required to grant the exception listed in subsection (b): (a) Exceptions shall be granted only upon a finding that the approval will secure substantially the objectives of the regulations or requirements to which the exceptions are requested, shall protect the public health, safety, convenience, and the general welfare and shall be consistent with and implement the policies and objectives of the comprehensive plan. Any approval of exceptions may be made upon such conditions as are deemed necessary to secure such compliance. (b) Exceptions shall be granted only upon making the following findings: (1) There are special circumstances or conditions affecting the property. (2) The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (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. (4) The granting of the exception will not violate the requirements, goals, policies, or spirit of the law. (c) In the event an exception is granted, any conditions necessary to achieve the objectives of this title, the comprehensive plan, or any provision of law shall be imposed. Included in Attachment C is staff’s analysis of the project to these findings. Staff’s conclusion in Attachment C summarizes that, due to the irregular (triangular) shape of the lot at 693 Arastradero, the height and FAR of development would be restricted by setback and daylight plane requirements toward the rear of the lot. The lot merger allows for better site planning; specifically, the location of the single taller building to be placed toward the rear of the property rather than at the front of the lot, where it would be more visible to adjacent single- family residential uses and less in character with the neighborhood. Without this exception Bowman School would be limited in the types of facilities that could be provided due to irregular shape of the lot. The granting of this exception would not be detrimental to the public welfare because many of the surrounding lots are much larger than the requested lot size and the majority of the immediately adjacent lots exceed 20,000 sf. In addition, the total number of students that may be enrolled between the two campuses would be consistent with the total number that is already approved to be enrolled at the existing campus. Consistency with the Comprehensive Plan, Area Plans and Guidelines3 The site has a Comprehensive Plan land use designation of Single-family Residential and is not subject to any area plans or specific guidelines. Allowed uses in the Single-family Residential Zoning District include one dwelling unit on each lot as well as conditional uses such as 3 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp City of Palo Alto Planning & Community Environment Department Page 8 churches and schools. With approval of a CUP, the proposed use for a private school would be consistent with the Comprehensive Plan. 2015-2023 Housing Element There are three existing housing units currently on the project site. One of the houses was previously rented and is currently vacant. Two of the houses were previously abandoned and remain vacant. The proposed project would remove the three housing units to allow for construction of the new school. One key policy consideration for the PTC to evaluate is the loss of three housing units to allow for the expansion of an existing private school. The proposed expansion is not for increased enrollment, but to provide additional breakout space for students at the Terman site. Students ages 3-5 would primarily be located at the new campus while older students would walk between the existing and proposed campus in order to utilize these breakout spaces. Policy H1.1 of the 2015-2023 Housing Element states “promote the rehabilitation of deteriorating or substandard residential properties using sustainable and energy conserving approaches.” Although removal of these housing units is not aligned with this policy, a policy consideration must be made in balancing the loss of these housing units and the project’s consistency with other goals of the Comprehensive Plan. For example, Goal H2 of the Housing Element focuses on encouraging the siting of housing and schools in close proximity. It states “support the construction of housing near schools, transit, parks, shopping, employment and cultural institutions.” In addition, the Land Use and Design element of the Comprehensive Plan includes L-12, which states “preserve the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures. In addition, Policy L-48 states “promote high quality creative design and site planning that is compatible with surrounding development and public spaces.” In staff’s assessment of the proposal, the loss of residential housing warrants Commission discussion. The City specifically, and the region generally, has a significant housing shortage and the loss of even a few units requires review. In this particular instance, one of the three residences is nonconforming and would not be allowed under current zoning. The City’s zoning code seeks to have nonconforming uses abated and there is nothing in the City’s local regulations that would require the nonconforming home to remain. The loss of two or three single family housing units is noteworthy, but it is also de minimis in terms of overall housing production and for housing affordability. If the merger were denied, redevelopment of the site would likely include two new large single family homes that would likely be sold at prices not generally accessible to most home buyers. Additionally, the subject property is located at the edge of a residential neighborhood surrounded by Alta Mesa Memorial Park; a multi-family housing development; a church; and, across the street other single family residences under similar zoning. The City’s Comprehensive Plan also encourages locating schools and housing in close proximity. While there is an argument that this private school may not be as accessible as public schools to City of Palo Alto Planning & Community Environment Department Page 9 neighborhood children, the importance of setting in establishing a school is also important and, given the close proximity to the school’s primary campus, the subject location seems like a beneficial location for families attending the school and the school’s academic pursuits. In addition, the proposed design seems compatible with the adjacent neighborhood and adjacent structures, focusing massing away from adjacent single-family residences, consistent with Policy L-12. The tallest building would be 26 feet, which is similar to the height of most two- story residences. Most buildings would be single-story. Based on the location of this property and the surrounding land uses, staff concludes that the proposed lot merger, to accommodate a new school, would not be detrimental to the public welfare, or more specifically, impact the residential neighborhood. The loss of housing units is unfortunate, but it does not, from staff’s perspective, outweigh the benefit of the proposed school expansion. Moreover, the current comprehensive plan does not contain any current policies that preclude the loss of housing units. The City Council in its review of the updated plan may consider policies to address this concern when they review that policy document later this year. Circulation With the proposed merger, access to and from the site would continue to be provided from Arastradero Road. As part of the applicant’s ARB application, a new one-way driveway and parking layout is proposed to be accessed by a right-turn only in driveway at the southwestern corner of the property and a right-turn only out driveway at the northeastern corner of the property. The right-turn only approach to the circulation pattern is necessitated by the City proposed median improvements for the portion of Arastradero Road fronting the property. The applicant reports that the proposed median improvements will prevent a left-turn in or out of the applicant’s property with the exception of bicycles utilizing the left turn bike lane. City staff is continuing its analysis of the on-site circulation plan to ensure it is efficiently designed and takes into consideration a variety of factors. The ARB will make a recommendation to the Director on the proposed circulation layout, which is provided to the PTC for informational purposes only. Bowman has stated that current enrollment at their Terman site is 237 students, where they have approvals for 300 students. With this application, Bowman is proposing that total enrollment at both sites would not exceed this currently permitted 300 students. Approval of the new and revised CUPs is not subject to PTC purview. 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. A Draft Initial Study/Mitigated Negative Declaration (IS/MND) was circulated for public review and comment on January 19, 2017. The public comment period is open through February 21, 2017 and a link to the IS/MND is provided in City of Palo Alto Planning & Community Environment Department Page 10 Attachment E. A focused Traffic Impact Analysis was prepared and a link to this analysis is provided in Attachment F. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Palo Alto Weekly on January 27, 2016, which is 12 days in advance of the meeting. Postcard mailing occurred on January 25, 2016, which is 14 days in advance of the meeting. As of the writing of this report, one written public comment in opposition of the proposed project was received. This comment was provided in response to the applicant’s request for a Conditional Use Permit and Architectural Review. The commenter noted that changing zoning to convert a single family home at 693 Arastradero Road to a 60 student school structure would not be acceptable. They expressed concerns about the fact that there are several other schools nearby and that the portion of Arastradero between El Camino and Foothill is already impacted by congestion. This comment is being considered by the ARB as part of the application for these requests. Alternative Actions In addition to the recommended action, the Planning and Transportation Commission may: 1. Approve the project with modified findings or conditions; 2. Continue the project to a date (un)certain; or 3. Recommend project denial based on revised findings. Report Author & Contact Information PTC4 Liaison & Contact Information Claire Hodgkins, Project Planner Jonathan Lait, AICP, Assistant Director (650) 329-2116 (650) 329-2679 claire.hodgkins@cityofpaloalto.org jonathan.lait@cityofpaloalto.org Attachments:  Attachment A: Location Map (PDF)  Attachment B: Applicant Request Letter (PDF)  Attachment C: Draft RLUA, Findings and Conditions (DOCX)  Attachment D: Zoning Compliance Table (DOCX)  Attachment E: Initial Study / Mitigated Negative Declaration (DOCX)  Attachment F: Traffic Impact Analysis (DOCX)  Attachment G: Project Plans (DOCX) 4 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Planning & Transportation Commission 1 Action Agenda: February 8, 2017 2 Council Chambers 3 250 Hamilton Avenue 4 6:00 PM 5 6 Call to Order / Roll Call 6:07pm 7 8 Chair Alcheck: (Unintelligible) can you take roll call, please? 9 10 Yolanda Cervantes, Administrative Assistant: Chair Alcheck, Commission Gardias, Commissioner 11 Lauing, Commissioner Rosenblum, Commissioner Summa, Vice Chair Waldfogel. He’s absent so 12 five Commissioners present, one absent. 13 14 Oral Communications 15 The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 16 17 Chair Alcheck: At this time, I want to invite anybody who’d like to speak up for oral 18 communications. The public can speak about any item they wish if they present a card. I don’t 19 see any cards. Ok, so seeing no cards. 20 21 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Agenda Changes, Additions, and Deletions 1 The Chair or Commission majority may modify the agenda order to improve meeting management. 2 3 Chair Alcheck: Let’s just move to… I don’t… we do have a… do we want to deal with the 4 continuance now? 5 6 Mr. Jonathan Lait, Assistant Director: Yeah, under agenda changes? 7 8 Chair Alcheck: Yeah. 9 10 Mr. Lait: Yeah, that sounds like a great idea. 11 12 Chair Alcheck: Ok. Do we need a motion to do that? 13 14 Mr. Lait: Yes. We would look for a motion to continue it to… what was the date that we said? 15 March 8th. 16 17 MOTION 18 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: Ok, so for various reason among others, we’re continuing the item related to the 1 Castilleja agenized item tonight to March 8th. And in are… in an effort to allow individuals in the 2 community and this Commission to attend this Mayor’s state of the City address if they wish. 3 So, I’m going to make a motion to continue that items to March 8th. Can I get a second? 4 5 Commissioner ?: I second. 6 7 VOTE 8 9 Chair Alcheck: Great. All those in favor? Raise your hand or say aye. Great. That’s unanimous. 10 We’re continuing the item. 11 12 MOTION PASSED (5-0 unanimous) 13 14 Commission Action 15 16 Motion made to continue Item 4 to March 8, 2017 PTC Meeting. Motion made by Chair Alcheck, seconded by 17 Commissioner Rosenblum, MOTION PASSES 5-0 18 City Official Reports 19 1. Assistant Directors Report, Meeting Schedule and Assignments 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: Ok, let’s begin with the assistant director's report then or meeting schedule and 1 any other items. 2 Jonathan Lait: Thank you. So, just a couple of items to report. One, I wanted to remind the 3 Commissioners, we’ve gotten a couple of responses already for the Planning Commissioners 4 Academy. I understand Commissioner Summa and Lauing are on a wait list to participate in that 5 effort and I think you’re really close to the top of that list so we’ll keep you posted when we 6 learn more about that. It’s a great opportunity to… for all Commissioners… new Commissioners 7 but also people who have been… Commissioners who have been around for a while to network 8 and get a chance to see what’s going on in other jurisdictions. We certainly encourage everyone 9 to participate in that as your time permits. We would cover the cost for your training and travel 10 and so forth. So, if you are interested in that and you haven’t told us already, then please let 11 Yolanda know and we can help get you set up for that. It is on March 1st -3rd and it’s in Los 12 Angeles. 13 A couple other quick notes. The City will be taking up the Retail Preservation Ordinance on 14 February 13th. According to your schedule, we have Commissioner Rosenblum who is the PTC 15 representative for that month so we look forward to seeing you at that meeting. And then in 16 March, we have the ADU is going to Council and… on March 6th and I believe Commissioner… 17 Vice Chair Waldfogel is the representative but I think he might be out of town that week and, so 18 I would look to the Chair to assign a backup if Asher [Note-Waldfogel] is unable to attend. 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. And then finally, there’s a question about the February 22 meeting and whether or not we’re 1 going to have a speaker or if we may cancel that meeting. And if you have more information on 2 that otherwise we will send a notice out later. 3 Chair Alcheck: Yeah, I’ll probably know more about that in a couple days. 4 Mr. Lait: OK. 5 Chair Alcheck: When is the (unintelligible) moment that we would definitely want to have notify 6 people? 7 Mr. Lait: Well, for… we to notice 72- hours in advance so we would… 8 Chair Alcheck: Ok. So, if we find out in say… 9 Mr. Lait: We have time. 10 Chair Alcheck: 3 or 4 days we’re ok? 11 Mr. Lait: Yes. 12 Chair Alcheck: Ok. Then I just wanted to sort of add a comment about the Commissioners 13 Academy I attended when the… one of the years… I can’t actually remember how many years 14 ago, it was. And it was… I literally thought it was incredible. So, if you guys are on the… it 15 sounds like you're already motivated to go but it was very, very interesting. You know, I hear a 16 lot on this Commission from other Commissioners, you know, asking about what another City’s 17 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. do. Sometimes to deal with our… Sometimes we ask, what are other Cities doing to address 1 Item A or B that we’re dealing with and attending the Academy is a really interesting way to 2 learn about other Cities. And you make connections with other Commissioners all over the 3 State. And that can be valuable. You can reach out to them and I want… mention… we had a 4 discussion yesterday during our pre-Commission meeting about the idea of asking any people… 5 any who attended to… we can create an agenda item to discuss, maybe your topic of most 6 interest at the Academy. To come back and just present short, you know, what did you enjoy 7 learning about the most or sharing some thoughts with us. So, I… number 1, how you make it 8 off the waiting list. 9 Male: Yeah, that’s the key. 10 Yeah, that’s the key. 11 Chair Alcheck: There’s got to be a way our Planning Staff can twist some arms. 12 Commissioner Summa: I’m two so he’s either one or three. 13 Chair Alcheck: There’s… I mean, Palo Alto is… you know, they got to make room for Palo Alto. 14 So, hopefully, you get there and I’m really looking forward to hearing more about it when you 15 get back, hopefully. Ok. 16 Study Session 17 Public Comment is Permitted. Five (5) minutes per speaker.1,3 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 2. Update on the City's Effort to Update the Comprehensive Plan 1 Chair Alcheck: With that, I’d like to…Well, do we want to get a quick update on the City’s effort 2 to update the Comprehensive Plan? 3 Ms. Hillary Gitelman, Planning Director: Yes, thank you Mr. Chair and Commissioners. Hillary 4 Gitelman the Planning director. Thank you for having me tonight to do a short update on the 5 Comprehensive Plan. I know we don’t have a lot of time for discussion today but we will 6 schedule an item for… actually a public hearing item of… for the Commission towards the end 7 of March. And we’ll make time at that… on that agenda for a lot of discussions if you’d like. So, 8 just to update you where we are. First, at the end of this week, on Friday. We’re publishing a 9 supplement to the Draft EIR on the Comp. Plan update that was circulated early last year. For 10 those who have been following this long process, the Draft EIR analyzed four different planning 11 scenarios as a proxy for… or as a way to bracket the potential impacts of the plan that we 12 ultimately develop. And when the Council reviewed the Draft EIR, they asked us to analyze two 13 more scenarios so we’re producing a supplement to the Draft EIR that analyzes those two 14 scenarios and it will be available starting on Friday. So, we’ll push out notices to those who 15 commented on it and were interested in the first go around. And we will be providing hard 16 copies to the Commission as soon as we can logistically get them to you. So, it will probably be 17 next week or in your next packet. I don’t know exactly how we’ll get them to you but we will 18 get you a hard copy in addition to providing, of course, a link to the website where it will be 19 housed. The Commission will hold the hearing… a public hearing on the supplement to the 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Draft EIR and we’ve tentatively scheduled that for you for your last meeting in March. And 1 that’s the point at which I think we’ll have not only that hearing, where you’ll take testimony 2 and offer your own comments on the environmental document but we’ll schedule a discussion 3 with you about how the Commission will conduct its review of the Comp. Plan elements when 4 they come back to you from the City Council. There is a provision in the municipal code that 5 was actually adopted by the voters that sets forth the Commission’s responsibility in reviewing 6 and updating the General Plan; which is called the Comp. Plan. And the Commission had begun 7 work on the Comprehensive Plan back in 2008 and really took 6-years to deliver a draft to the 8 Council and what’s been happing in the last couple years is the Council and the CAC have been 9 working with that as a base document. And what’s going to come back from the Council, 10 probably in June, to the Commission is something pretty different than what the Commission 11 forwarded to the Council. So, we’re anticipating the Commission will really want to dig in and 12 do an in-depth review of all of the chapters or elements and provide recommendations to the 13 Council on all of those different pieces. So, what we’re proposing to bring to you at the end of 14 March, in addition to the environmental document, is a discussion about different ways you 15 might approach your review. Some of the Commissioners have suggested subcommittees. 16 Some have other ideas about how we can organize your discussions but it’s clear that however, 17 we do it, it’s going to take a concerted effort on the part of the Commission, individually and 18 collectively, do the review of what has grown into a large and complex document over the 19 course of the summer, we hope. So, more on that later. 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. I also just wanted to touch briefly on the last chapter in our saga about the Comprehensive 1 Plan update which was a newsworthy and covered in the press. It was January 30{th} 2 conversation with the City Council about… involving their review of the draft Land Use and 3 Transportation Elements from the CAC. The CAC, rather than developing a set of 4 recommendations that had minority and majority opinions and votes around them, gave the 5 Council a whole series of different options… policy options. And so, the meeting on January 30th 6 was set up for the Council to choose amongst those options and there were many, many, many 7 of them. So, it was a long meeting and we did get guidance and direction from the Council on a 8 wide variety of issues. Way at the end of the evening, I’m saying like 11 o’clock at night or 9 something, the Commission suggested pulling out the implementation programs from the 10 elements and putting them in separate sections and that has generated a degree of controversy 11 that some of us… were just a little surprised at the controversy about it. Partly because I’m an 12 optimist and I’ve don’t a lot of these General Plans and I think there’s a way to accomplish the 13 Council’s goals and preserve all the good, hard work that put into the programs. And will some 14 further discussion with the Council and with the CAC and the Commission, I think we’re going to 15 build a document with all of those pieces in it that expresses our values in a way that we can all 16 get behind. And that really won't constitute a major change from the current Comprehensive 17 Plan. So, we… I’d be happy to talk about that further as well but tonight it probably not the 18 night for that but if any of you have questions offline, I’d be happy to answer them or we can 19 discuss this further when you meet on the subject again on March 29th. 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: Thank you. I just want to quickly add. This is going to be the most, if not the most 1 important thing that we will work on as Commissioners. And one of the things… Staff has 2 agreed to come up with a strategy of how we approach this and that is what Director Gitelman 3 is referring to; that they will present. But… between now and that presentation, if you begin to 4 formalize some ideas of your own about strategies on how we approach this, don’t hesitate to 5 reach out to Director Gitelman. Send her an email if you have some ideas of how we could 6 tackle this responsibility in a more effective way because I want us to first come up with a 7 strategy and then implement it. So, (unintelligible) any other questions about this? Go ahead. 8 Commissioner Gardias: Thank you. So, in this matter what I’d like to propose that our liaison to 9 the CAC group, Commissioner Summa if she agrees… if she could agree just to give us periodic 10 updates at the meeting of this Commission. We have these excellent updates from Director 11 Gitelman or her Staff about structural progress but what’s missing is the update of the 12 substantial changes within the Comprehensive Plan. I think that if we were to get some periodic 13 updates just about the main topics that were captured in the Comprehensive Plan or changed 14 from Commissioner Summa. We would be better prepared for the future discussions. 15 Chair Alcheck: Ok. I think that’s a good… any other suggestions, let’s make them offline. That’s a 16 great suggestion. Maybe we can reiterate it also in an email. I want to sort of… I’d love for you 17 to be able to collect any and then when we have that March 8th meeting, develop that strategy. 18 Ok. 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Action Items 1 Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. 2 All others: Five (5) minutes per speaker.1,3 3 3. PUBLIC HEARING / QUASI-JUDICIAL. 689-693 Arastradero [16PLN-00228]: 4 Recommendation to City Council for Approval of a Preliminary Parcel Map, With 5 Exceptions, to Merge Two Existing Parcels into One Parcel. The Exception Would 6 Allow the Merged Parcel to Exceed the Maximum Lot Area. Environmental 7 Assessment: A Draft Initial Study and Mitigated Negative Declaration was Circulated 8 on January 19, 2017 for Public Review. Zoning District: R-1 (10,000) Zoning District. 9 For More Information, Contact Claire Hodgkins at: 10 claire.hodgkins@cityofpaloalto.org. 11 Chair Alcheck: Let’s move on to our first item… action item, item #3. Staff, will you begin your 12 presentation? 13 Mr. Lait: Yes. 14 Chair Alcheck: Let me just. I see there are people in the audience but I don’t have any speaker 15 cards. If any of you are interested in speaking, please get a card, fill it out and hand it up here so 16 that we have it. 17 Ms. Claire Hodgkins, Project Planner: Good evening Commissioners. I’m Claire Hodgkins and I’m 18 the Project Planner for this project. The proposed project before you today is a proposed 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. preliminary parcel map with exceptions to allow for the merger of two lots located at 689 and 1 693 Arastradero. And an exception is requested to allow for a larger lot size than the maximum 2 allowable in the R-1 (10,000) zoning district. The applicant has applied for separate permits 3 which are not part of the Commission’s purview for construction and use of a new private 4 school for up to 60 students ages 3-5. The new school would also provide breakout space for 5 students at the existing Bowman School. Total enrollment of those sites will not exceed the 6 currently permitted 300 students at the existing Bowman School. So, the resulting parcel would 7 be 54,894-square feet and the allowable lot size in this zoning district is 19,999-square feet. 8 Here we have a quick overview of the existing lots. So, this is a location map that shows you the 9 proposed project outlined in Yellow, with the two lots and it also shows you the location of the 10 existing Bowman School just north… west… sorry… northeast of the project site. The site shows 11 surrounding uses. It should be noted that the several adjacent properties have large lot sizes 12 that exceed the zoning code requirements as well. For example, the lot for the Terman 13 Apartments to the east, that multi-family residential area is approximately 122,000-square feet. 14 And the lot for the church immediately to the north is 43,000-square feet. 15 So, there are two larger policy considerations to be made. One is related to the lot size 16 exception. This requires that the findings be made for an exception and Staff has outlined those 17 Draft Findings in Attachment C of the Staff report. The second is related to loss of housing. Staff 18 has summarized its analysis of this consideration in the Staff report as well. And Staff’s 19 conclusion is that the project on a whole is consistent with the Comprehensive Plan. 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. So, it’s recommended that the PTC recommend that City Council adopts the Mitigated Negative 1 Declaration for the proposed project and approve the Recreative Land Use Action approving 2 the merger of 689 and 693 Arastradero Road, based on the findings and subject to conditions of 3 approval that were outlined in Attachment C of your Staff report. And that’s all. 4 Chair Alcheck: Ok. Alright, I’m going to open… oh, ok. Would the applicant care to present 5 their… 6 Mrs. Colleen Reilly, Project Manager: Good evening. 7 Chair Alcheck: Just before you start, how much time do I a lot to the applicant? Remind me. 8 Mr. Lait: 15-minutes. 9 Ms. Reilly: I would just say that we are not going to add to the presentation. We support what 10 Staff has presented. We’re here to answer any questions. I am the Project Manager for the 11 Bowman School project and we have the Civil Engineer and the Architect and the legal counsel 12 for any of the issues about housing. So, any question we would be happy to take them but we 13 support what’s been presented. 14 Chair Alcheck: Ok. Thank you. Ok. Then at this time, I open… I don’t have any speaker cards so 15 I’ll leave it open for the time being. And would anybody like to… I see, hold on. I have… that Ed 16 or…Oh, we have a speaker card. Ok, great. Why don’t… Is it Ron Schrotenboer, is, that, right? 17 Hard to read this handwriting. Ok, would you please approach and you have 5-minutes. 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Ron Schrotenboer: My name is Ron Schrotenboer. I am a member of the Church which is 1 right next to this proposed lot and per say, I don’t think the Church has any difficulty with 2 combining these two lots or necessarily have the school there. We have a comment that we’ve 3 made in the past with respect to the preschool and that is relating to the proposed gym that’s 4 fairly close to the lot line. We have a nursery school or preschool that operates 5-days a week in 5 the church building and in the… well, back from the road side, which is… when you look at the 6 map that you had your picture up there, when you looking to the north, it’s to the east side on 7 the lot. It’s next to the lot line which would be next to the school and the concern of the school 8 is, with respect to the shade or the blocking of the sun basically, from the size of the gym that’s 9 being proposed there. I think that that’s not part of what you guys are approving tonight so… 10 but I want to make that comment that we have that concern. We hope that that’s addressed at 11 the appropriate place in the appropriate permit process but wanted to make sure that that was 12 stated. And if it’s not part of this issue which appears it’s not to me, then it’s just the… for 13 information piece of item. 14 Chair Alcheck: Thank you. Maybe, Staff, you could just take a minute to outline this process. For 15 example, tonight we’re not really reviewing any layout of how this lot would end up looking but 16 maybe you could sort of identify for the public how that timeline would work if this process 17 moves forward. 18 Ms. Hodgkins: Yeah, of course. So, we have an application for this process, the Preliminary 19 Parcel Map with exceptions which will be reviewed by the Planning and Transportation 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commission. And then forwarded onto Council assuming a recommendation of approval. And 1 there are separate applications that have been applied for architectural review and this 2 commenter's concern I think would be addressed as part of the architectural review process as 3 well. And then there is also a Conditional Use Permit that’s been applied for, for the use of the 4 sit. So, tonight we’re only looking at the Preliminary Parcel Map with the exception for a larger 5 lot size however, the shading studies will be part of the purview of Architectural Review Board. 6 And right now, the timeline… the ARB hearing is to be determined but we would be looking to 7 go to ARB next to hear from ARB and then finalizing with City Council the lot merger. 8 Chair Alcheck: Let me ask… let me ask two questions. One, would you mind putting up on the 9 screen the criteria for the findings we need to make today. Yeah. 10 Ms. Hodgkins: Yes, of course. So, I actually put them into four different slides but the findings… 11 Exception 1 findings is there are special circumstances or conditions affecting the property. 12 Chair Alcheck: Actually, you know, why don’t we do it like this? What page does that start on? 13 12, ok. 14 Ms. Hodgkins: It’s on Attachment C. 15 Chair Alcheck: No, I just want everyone to have it sort of handy. So, if you’re following along 16 with the slides, it starts on page 12 and we can leave that one up there. We have it in our 17 Attachment C as well. And then my second… Just a quick clarifying question because this just 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. popped into my head. This… these are findings we have to make because it’s currently zoned 1 R1? 2 Ms. Hodgkins: Yes. 3 Chair Alcheck: Identified on the map that multi-family site with 100,000-square feet that’s 4 adjacent to it? These apartments. 5 Ms. Hodgkins: Yes. 6 Chair Alcheck: What are those zoned? 7 Ms. Hodgkins: They are zoned RN-30. 8 Chair Alcheck: So, I’m just curious, if this site as merged was zoned RN-30, would we need to 9 make any findings? I mean, if these two parcels would have to already be zoned R-30 but if… 10 I’m just curious to know if you have to go to this length to determine these exceptions if the 11 site was zoned… I guess more appropriately for its size. 12 Ms. Jodie Gerhardt, Manager of Current Planning: So, the exception… Jodie Gerhardt, Manager 13 of Current Planning. So, the exception is to the lot size. This is an R-1 (10,000) zoned property, 14 has a maximum lot size of 19,999. 15 Chair Alcheck: Which both lots already exceed. 16 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Ms. Gerhardt: Correct. And, so if we were looking at the RN-30, I was just trying to look up the 1 maximum size for that and I don’t know that… yeah, I don’t know that there is… there is a 2 minimum size and so you’re right, that it would be… there wouldn’t be this type process if it 3 was zoned differently. 4 Chair Alcheck: I’m just curious, is that within the scope of this? Like if we… it’s not? 5 Mr. Lait: No, that would be a rezone application. That’s not what the applicant is (interrupted) 6 Chair Alcheck: It’s separate? 7 Mr. Lait: Yeah (Unintelligible) 8 Chair Alcheck: Alright, then it’s not worth even thinking about. Ok, in that case, I have a light 9 from Commissioner Gardias. Is that…did one you turn your light on? I don’t have a light. Ok, it’s 10 just this thing doesn’t always line up right. Ok, so why don’t we start with Commissioner 11 Rosenblum and we’ll just go down. Ok? 12 Commissioner Rosenblum: Yeah, thanks for the report. I found the finding section in 13 Attachment C pretty easy to follow and I am also in agreement with Staff’s findings. The piece 14 that I struggle with though is the traffic analysis. And in particular, there was an odd thing that 15 I’m wondering if someone here could speak to. And let me just pull it up from my notes. Give 16 me one moment. So, there was an evening delay at Arastradero Road and Georgia Avenue 17 intersection that would go from 21 to 28 seconds approximately. And so, I know we’ve had 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. discussions around using level of service as a metric and warnings about that but dropping a 1 grade from C to D and yet, the traffic count in the evening peak hour was estimated to only be a 2 net generation of 17 cars. So, that was lower than the morning count and so I found this a little 3 bit strange that actually, there was a fairly large delay caused of predicted to be caused in the 4 evening. And I’m wondering if I’m reading this correctly on the traffic report and I’ll go to the 5 table that I’m referring; one second. 6 Chair Alcheck: (Unintelligible – off microphone) 7 Commissioner Rosenblum: I’m looking at the difference between table 4, which is Bowman trip 8 generation for Arastradero campus which is on page 7, where at peak hour, 17 out, 13 in, net 9 new trips. And then on Table 6 intersection LOS and delay existing… and existing plus project 10 conditions, which is page 10. That the PM peak hour at Arastradero Road and Georgia Avenue 11 had the largest impact from this project. So, all other intersections had an impact of below 4 12 seconds. Only this intersection had an impact about 7 seconds which in and of itself is not 13 massive although, I’m just curious because that was also the lowest number of cars that was 14 predicted was outbound evening. And so, I don’t know how that was calculated. I looked at the 15 appendix and I’m not an expert reading the calculations so I’m not sure how that happened? 16 And I would say, by the way, Arastradero in the evening is difficult and so this relatively small 17 addition if it does add that level of delay would be concerning. 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Lait: I don’t think the applicant brought their traffic consultant and we actually don’t have 1 our traffic consultant here as well. 2 Commissioner Rosenblum: Ok. 3 Mr. Lait: What I would suggest is we take that comment and follow-up after the meeting with 4 our consultants to make sure there was not an error in that. I will say that the Architectural 5 Review Board is still in its review of the application and we can vet that out there. Also, the 6 maps going to go to the Council. And between now and the Council, we can identify if there is 7 any discrepancy in that issue. 8 Commissioner Rosenblum: Ok, that was my only question. My comment is I think that a lot of 9 our purview and I appreciated what findings we need to find but I think that one of the major 10 concerns that we would have is just traffic generation and I think that’s what the neighbors 11 would be concerned about. So, really digging into the traffic report and making sure that we 12 understand the assumption and we feel good about the assumptions would be important to 13 me. That’s it for me. 14 Commissioner Summa: I appreciate that because I noticed that too and I’m probably less well 15 equipped at reading those charts underneath. I was concerned about the traffic because I’ve 16 heard a lot of residential concern about traffic on Arastradero. And I just wanted… I was 17 surprised we didn’t get more communications from the public and I just wanted to double 18 check that there was only that one communication. Which surprises me and I checked with 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. people who live nearby and they seemed to feel the outreach was more than adequate and 1 that the school is a welcome part of the neighborhood so that was good for me to hear. But I 2 think it would be good to make sure that there’s not an error or something in the traffic report. 3 One of my concerns about the merger, not that anyone would intend, at the school, would 4 intend for this to happen but sometimes projects just don’t happen the way they are 5 anticipated and I don’t know if we can condition the merger to be specific only for this project. 6 Like if the merger happened and there’s another lot and they don’t do the project. So, I don’t 7 know if that’s a possibility? 8 Mr. Lait: So, we actually had that same thought as well and we had conversations internally and 9 we don’t believe that there is that opportunity to impose a condition like that but beyond that, 10 we started thinking about, ok, well even though we… even if we can’t impose that kind of 11 condition. What’s the… what are we trying to solve for? What is the problem we are trying to 12 solve for if the project falls through? And at the end of the day, if the lots do get merged and for 13 whatever reason, the school decides not to proceed with the project. It’s still a residentially 14 zoned parcel and there are residential developmental standards that would still limit the size of 15 a home. So, a home… there’s not going to be an advantage for a feature owner of the property 16 or for Bowman School or a feature developer to keep the lot size necessarily large because our 17 code still caps the size of a home to… you know, a maximum square footage. There would, I 18 would think, an incentive still to restore the lots to their original subdivision lines so that you 19 could sell two homes and make that available on the market. So, as we thought that through, 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. we weren’t coming up with the thing that we were trying to protect against and maybe you 1 have an idea of what it is that we haven’t thought about and we would be happy to understand 2 what that is. 3 Commissioner Summa: I was more concerned… it seems like a logical place for denser housing 4 actually, with the apartments behind it. So, I didn’t want to lose the upper… I mean, somebody 5 could put a house on it and have a gigantic, you know, yard basically. But I mean, I guess that 6 would be up to the owners but I think it’s a good potential site as long as the people in the area 7 didn’t object for a denser zoning designation. 8 Mr. Lait: Right and that was another thought that we had to was what if… because there is that 9 large multi-family property nearby. That would be a legislative change that somebody would 10 have to seek and this it would come to this Commission to go from R-1 to RN whatever and that 11 would also have to go to the Council. So, there would be opportunities for public engagement 12 through that process as well. 13 Commissioner Summa: Ok. And the only other and I know this isn’t in our purview but just an 14 observation that it might be nice in the CUP to limit the number of events. I think they current 15 have four events where they have to have parking in the neighborhood because they are larger 16 events. And I think it might be nice to address that in the CUP so it wasn’t open ended. Actually, 17 that’s it for now. 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Lauing: Yes, first I had a couple questions. One is if we know the current 1 ownership of that land? I got some preliminary information from Jonathan but if we could just 2 know who owns it and what the status is? 3 Ms. Reilly: So, 693 is owned by Bowman School currently and Steve Pierce Family Trust, I 4 believe is 689. 5 Commissioner Lauing: I didn’t get the second part. 6 Ms. Reilly: Steve Pierce Family Trust is 689. 7 Commissioner Lauing: So, there is an agreement in place to purchase that for owning? 8 Ms. Reilly: That’s correct. That’s correct, yes. 9 Commissioner Lauing: And if this fell through, that owner would do something else with the 10 land? 11 Ms. Reilly: That’s not my understanding that they were going through with that purchase. 12 That… 13 Commissioner Lauing: Ok. My second question is in a couple of places here it talks about the 14 property right of the petitioner and that was on page 14 in the packet B2. The exception is 15 necessary for preservation and jointment of a substantial property right of the petitioner. And 16 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. then just another case where on page 26 Item 2, it talks about Bowman’s right to build a school 1 so I would like to understand legally what that means? 2 Mr. Lait: If you can… so, on packet page 14, you’re referring to the findings that need to be 3 granted, is, that, right? 4 Commissioner Lauing: Under the exceptions of B… 5 Mr. Lait: Yes. 6 Commissioner Lait: …Item #2. 7 Mr. Lait: Ok. Ok and then you were also referencing another section as well? 8 Commissioner Lauing: Page 26, Item 2. 9 Mr. Lait: Ok, so on both of these instances we’re talking about the Parcel Map exception 10 findings. 11 Commissioner Lauing: Right. The second one says it’s necessary to preserve Bowman’s right to 12 build a school on the site. So legally, I would just like clarification on how that right is granted? 13 What’s the City’s stake in that? Etc. 14 Mr. Lait: Ok. So, I’ll start this and then Albert may amplify. If the… what we’re doing here is 15 we’re trying to demonstrate that the need for the variant or the need for the exception and we 16 acknowledge that with this finding and this particular sentence that there… that schools are 17 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. conditionally permitted uses on the property. Subject to a review process and that review 1 process is the Conditional Use Permit. And so, the interest here or the concern that’s been 2 expressed is that to achieve the… that goal of building a school on the R-1 zone is difficult 3 without the exception because it would limit the school uses or that the project objective to put 4 a gymnasium and some of these other school facilities on the property. And so, that’s the effort 5 that we’re trying to get at. Is they have a… 6 Commissioner Lauing: The second thing you said was what they would not be able to do? That’s 7 different than they have a right to build a school. So, that’s exactly what I’m trying to clarify. 8 Mr. Albert Yang, Senior Deputy City Attorney: Yeah so… Albert Yang, Senior Deputy City 9 Attorney. I think that this wouldn’t a… we’re not referring here to what we might consider a 10 vested right to develop a property into a school because obviously, school uses are only 11 conditionally permitted. It just a…I think we were just recognizing that it is a use that is 12 conditionally permitted. It’s not something that is, you know, entirely forbidden in the zone. 13 And that in our analysis for that conditionally permitted use to be successful… most success, a 14 merger is necessary. 15 Commissioner Lauing: Right so it’s not inalienable, so to speak, and the school is already on the 16 property that’s there. We’re talking about just another expansion. Excuse me. 17 Mr. Lait: Yes, so the school is not on the subject property but it’s within 500-feet of the subject 18 property. There’s an intervening lot and I think, some houses between… 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Lauing: Right. So, what you’re saying is… if I just summarize both of you, I think I 1 heard that if it were to receive a conditional use, then they would have a right to do… to do X, 2 Y, and Z. Right? 3 Mr. Lait: I guess if they received the necessary City approvals inclusive of this Parcel Map and 4 the Architectural Review Board application and the Conditional Use Permit. If all those get 5 approved, then they’ve got this right to build. 6 Commissioner Lauing: Right. So, currently right now relative to the no pun intended, to the 7 expansion area. There’s no right that we have to recognize from a legal standpoint. 8 Mr. Lait: That’s correct. It is an application before this Commission, subject to these findings. 9 That’s what…with respect to the specific Parcel Map merger, it’s based on not only these 10 expectations findings but also the Subdivision Map findings. And if the Commission is able to 11 make those findings, the project goes forward onto Council. If the Commission is unable to 12 make those findings… well, it still goes onto Council but it goes on with a recommendation for 13 denial. 14 Commissioner Lait: Yeah. Ok. So, and then in various places, it talks about that there would be 15 restrictions on the academic interest that the school wants to pursue and phrases like that. So, 16 not to be unfriendly about that but is that… that’s not an obligation that the City of Palo Alto 17 has. It’s just what they want to achieve there right? 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Lait: That is their project objectives and if one were to attempt to align those project 1 objectives to the exception finding criteria, that’s the story we’re trying to tell there. But you’re 2 correct, the City is not in a position where like you know, others may argue differently but there 3 is… there are alternatives that the applicant could explore. If the Commission weren’t able to 4 make that finding. 5 Commissioner Lauing: Right. Including completely different locations or… 6 Mr. Lait: That’s right. 7 Commissioner Lauing: …and x’s or whatever. So, I just want to clarify that just to make sure that 8 I knew and we knew because there’s so much discussion of rights and restrictions in their 9 expansion that I just wanted to know if there was any obligation from the City, which I did 10 presume that there was. 11 So, one of the things that is of concern is sort of just land use priorities. Just a principle we 12 always talk about, you know, we need more land for everything because we’re landlocked. And 13 looking at this particular parcel for potential other opportunities, you know, could make some 14 sense. I don’t know where we are in the timing of all this but there just isn’t any more land. And 15 we need land for housing and we… in the Master Plan for parks which is in front of Council, we 16 need a lot of new parks in certain areas. That… which is something I’m quite familiar with. You 17 know, it could be an interesting area for a small park. So, in the analysis here, we don’t seem to 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. be considering any other alternatives for that land. All be it, it’s not owned by the City so the 1 seller can do whatever he wants. 2 The other thing is that we are taking away homes. I agree that perhaps there’s a way to replace 3 those three somewhat substandard homes from the report, maybe with 6. So, instead of, you 4 know, eliminating 3 homes, we might be illuminating 6 possible really nice homes or even more 5 dense if we wanted to go for a zoning change. 6 And there are other phrases in here about how we believe that the Comp. Plan talks about 7 getting schools close to housing and can’t get back in the framers head when it was being 8 written. I don’t know if that applies equally to private schools and public schools. You know, the 9 latter of which are obviously, more the responsibility of the City so that would be a concern. 10 Just to point out that the verbiage in the report suggest that there aren’t going to be any more 11 total number of kids there. Which is true because the cap is at 300 but the current is 237. So, 12 we’re going to get 63 more kids and maybe 62 more cars bringing kids there. So, the traffic that 13 Eric brought up is real and that might be without the increase of the 63. Ok. 14 Ms. Reilly: Can I just clarify that it’s actually just an additional 40 students. The 20 are already 15 on the existing (unintelligible) site. Just for clarification. 16 Commissioner Lauing: Ok, thanks. So, in summary there, we’re some housing that’s there, 17 maybe more. The Staff report says that it’s de minimis. This sort of creep issue is of concern. In 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. (unintelligible) we have feature creep and you try to add more creeps. In parks, sometimes they 1 try to take a little bit of park because they say well, you know, it’s only a little bit and there are 2 plenty of parks; which there isn’t. And now we’re doing it with houses so that’s of concern. 3 There’s the traffic concern and then the use that may be private schools are different. There’s 4 already a school there. It’s not like we’re saying it’d be great to have another private school so 5 the alternative use of that space is a question. Thank you. 6 Chair Alcheck: Ok. Thank you. We will spend as much time as we need to on this item. I just 7 want to make sure we’re aware of the time. It’s 10 to 7. Ok, Commissioner Gardias, do you 8 want to comment? 9 Commissioner Gardias: Sure. Thank you. Thank you very much for your review and the 10 applicant or project manager and others related, thank you for coming and presenting this to 11 us. If you could tell me more about the houses that are currently on the lot. So, I can just 12 imagine that they are being led by the Pierce family that owns the land, right? And those 13 families, they pretty much would move out at the time when the merger is approved, is this 14 correct? 15 Ms. Reilly: Sure. The houses have gone through a historical review and had no historical 16 significant to the National or State of California. There was… they were built, one in the 30s and 17 I think two in the 50s. They have been abandoned for a while. One’s a garage and a house on 18 689. Pardon me, 693. The 689-lot had a house that was somewhat inhabited for a renter. Again, 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. no significance historically. Not… the first two on 693 are in great disrepair and unhabitable. 1 The other is below standard housing but not historical significant or architectural significant 2 either. 3 Commissioner Gardias: But we’re losing two buildings in Palo Alto. 4 Ms. Reilly: No, I appreciate that. Yeah, I was just… 5 Commissioner Gardias: Two living spaces. 6 Ms. Reilly: No, I appreciate that. 7 Commissioner Gardias: So, another question… I was just getting to the core question. So, with 8 the new building that you’re going to erect on the site with a gymnasium and a children’s 9 house. There will be a need for more Staff, presumably? 10 Ms. Reilly: Actually, it’s just an addition… a single Staff person for that site which would be a 11 receptionist. The other Staff people are within the Terman site currently. 12 Commissioner Gardias: So, ok, so there will be just one… 13 Ms. Reilly: One additional. 14 Commissioner Gardias: …one extra. One additional headcount. 15 Ms. Reilly: Exactly, that will be added to the payroll. 16 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Gardias: I was getting with the questions pretty much doesn’t your Staff need 1 housing in Palo Alto. So, you’re losing two houses. I’m not interested in just preserving some 2 buildings. That was not my intention. I was just interested in just opening your mind to pretty 3 much build housing for your Staff. That I don’t know if your Staff lives on… in Palo Alto or 4 maybe not but we are trying to with different efforts to also to open below market rate housing 5 for the teachers to lure better teachers to Palo Alto. I don’t know if this school has such a need 6 but that’s an opportunity. 7 Ms. Reilly: Currently everybody on the Staff has housing and lives within the area. Some in Palo 8 Alto and some in the surrounding. 9 Commissioner Gardias: Ok, so my second question is about the shading that [the] gentleman 10 raised here. If you could just show us the map… show us the map and then point at the area of 11 concern that he was expressing… that he was alluding too. 12 Chair Alcheck: I actually don’t want to get into that. I don’t want us to explore the layout of the 13 plan because the plans are not submitted and I don’t want to treat the plans as currently drawn 14 as even remotely final. So, I actually would prefer if we didn’t explore that. 15 Commissioner Gardias: I understand but I still would like to carry my question because you 16 know, I don’t know what’s… I’d like to understand it as opposed to just setting it aside. So 17 (unintelligible) (interrupted) 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: (unintelligible) I’m not suggesting that we’re going to set it aside. I’m suggesting 1 that this isn’t the forum and I’m… I don’t want to allow it. I don’t want us to explore a topic that 2 is not relevant to the criteria of which we’re reviewing this subject tonight. And I know in the 3 past we’ve done that but I really want us to stick to the criteria and the topic of review. You will 4 have an opportunity if this moves forward to look at items like that under the (unintelligible) 5 and the Architectural Review Board really is the place for us to that. And one of my goals this 6 year is to make us efficient and the only way I can do that is if we stick to the topics for which 7 we are responsible. 8 Commissioner Gardias: I can… I will go along with your ask. I understand what it is but just to 9 argue for the purpose, I will remind the review from the Park Avenue where pretty much that 10 the shade that was… that was caused with the umbrella that was placed on top of the 255 Park 11 Avenue was not… went through architectural review but under CEQA and loss of access to light. 12 It was under our purview but I will go along with your proposal. So, I’d like to… so that I believe 13 answers my question but I’d like to make a suggestion here because there is, on page number 14 13, there is a comment about… it just talks that the site will be constructed with smaller single 15 story residential style buildings at the front. Which I understand that this is a jester toward 16 neighborhood to somehow blend with the neighborhood. That may also be beyond the purview 17 of this Commission but we have some not very successful stories of that and I can just as an 18 example give you two project. One is the development of the housing on the Stanford property 19 where pretty much it was requested that there would be a mix of the buildings and it doesn’t 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. really look up to the Palo Alto standards that we have now are policies. And then also we had 1 another review that was also on the Stanford grounds, where pretty much there was a request 2 to… the housing would be resembling a mix of styles if I remember correctly, which was pretty 3 much in both cases. That request was pushing the development Agency of Stanford University 4 to build houses that would pretty much not be built under normal conditions. And we can see 5 that it doesn’t look today because it’s just sort of artificial and so when I see a statement like 6 this, I understand that you’re trying just to be nice for the neighborhood but I’m not really sure 7 if… you know I’d rather see the building looks like the school because then pretty much it just 8 reflects the truth of the architecture. So, thank you. 9 Ms. Reilly: I was just going to say, I’m happy to respond or the architect could for the 10 suggestion. Actually, (unintelligible) (interrupted) 11 Mr. Lait: Actually Chair, if I may (interrupted) 12 Chair Alcheck: This is not the right time for that conversation. Ok. So, let me begin with my 13 comments. Let me start with the easy one. I thought that this report was very well written so 14 for all the Staff members involved. This is one of the absolutely, best-written reports. It was 15 very clear. It was very specific and direct and I think that it added our understanding of the 16 topic tremendously. I hope all reports will use this as a template. 17 I think we’re here tonight because this property…these properties are improperly zoned. I 18 don’t think we would be here tonight if they were zoned correctly. They…and so while we’re 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. talking about the topic with land use, I think it’s important and Staff please sort of add anything 1 to this statement. But it’s my impression that all schools in Palo Alto are CUP. We don’t have a 2 school zone so every school that operates in this City, operates under a Conditional Use Permit. 3 Mr. Lait: Not every. There are areas like (sofa?) for instance, where schools are permitted by 4 right. 5 Chair Alcheck: Ok. Alright. Would it be safe to say 90% of them? 6 Mr. Lait: I don’t have a percentage. 7 Chair Alcheck: Ok. 8 Mr. Lait: Elsewhere I believe that a CUP is required. 9 Chair Alcheck: Yeah, so everywhere outside of (sofa?). In order to operate a school; preschool, 10 high school, middle school, public school, private school, their operating under a CUP. And I 11 think that’s important because the way our City provides for that use is by allowing it in 12 residential neighborhoods and by doing it with a Conditionally Use Permit. So, again, that 13 Conditional Use Permit is actually isn’t up in front of us tonight and so the dialog that we’re 14 having about merging these parcels, we could theoretically discuss this in… with any use of the 15 land. We could talk about would this… would we support this parcel merger for any use? The 16 findings though are and I agree with Staff’s sort of conclusion here. The findings are satisfied 17 though because of the use that’s proposed. And one item that came up in our pre-Commission 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. meeting was if we were concerned about an alternative use in that space, we could condition 1 our approval tonight of this preliminary map. We could condition it upon the submittal of… help 2 me out here. 3 Mr. Lait: I think the idea was that the Parcel Map approval would be valid only to the extent 4 that the applicant was able to obtain other discretionary entitlement such as the variants, the 5 CUP and the ARB. 6 Chair Alcheck: That is a method for essentially elevating concern amongst the Commission of 7 well, what if this doesn’t work out for them and then we have one big parcel and somebody 8 going to build a big mansion on it. I will just say this. That would be… it I could… if this for some 9 reason doesn’t work out and I hope it really does for you, then I would be supportive of 10 rezoning this site as RN, whatever, 30 or whatnot because again, I think these parcels are… 11 there not zoned appropriately for where they are; either separate or combined. And had we 12 rezoned this, in conjunction with a parcel merger, then maybe we wouldn’t have to make these 13 findings. But I’ll just add a few more comments. I feel comfortable that the findings have been 14 satisfied. I won’t go through each of them because I think they're very well out in our Staff 15 report but I am persuaded by the logic… the same logic that Staff was persuaded with. 16 And I want to add that I don’t think that it’s relevant to our decision tonight how many students 17 at this school are residents of Palo Alto. I don’t think that’s a relevant… I’m not going to ask that 18 question. I won’t stop you from asking but I don’t think it’s relevant to whether this parcel 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. should be merged for the purposes identified in the Staff report. And I would suggest that while 1 there are many potential uses for a site like this. We are reviewing the project that being 2 brought by the owner or future owner of the two sites. And I think it’s always important to 3 appreciate that notion. That the individual bringing the application has their own vision for the 4 property they own. And when we talk about the housing element and we zone sites for the 5 housing and you know, you often hear Cities sort of hides behind this political comment well, 6 we don’t have to build them, we just have to zone for them. Which is an often used… my point 7 is that we don’t get to decide where our housing is built. The property owners and the City get 8 to make that decision based their sort of aspirations but we have to create those opportunities. 9 This particular lot, the notion that a single home or two homes could come how, I think, add to 10 the or… they could add to the fight against the housing crisis. I just think is not necessarily 11 persuasive. I think that there was a sentence in here where they called it a de minimise lost and 12 I agree with that. I think we have to again, appreciate that our school system in general, is 13 largely supportive by a CUP process. And it sounds to me like you have a very crowded 14 institution and what you’re doing is expanding space so that the largely current number of 15 students can enjoy what looks to be a much better asset. And I think that’s why I didn’t find the 16 traffic concerns to be dramatic. 17 I want to make one other point which I will make for the benefit of all future comers. I heard 18 through the grapevine that you guys had a tremendous outreach process and that the 19 neighbors were largely in support and that fantastic. Sometimes the neighbors are not in 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. support. That doesn’t necessarily mean a project isn’t appropriate but I will say this, I believe 1 that our… often times our review bodies can be very skeptical and having neighbors present to 2 reiterate their support is always helpful. So, moving forward I would encourage you to do that 3 because their voices are often very hard to ignore. I am prepared to make a motion in support 4 of this lot merger and based on the findings. And I would add a condition, like I suggested 5 earlier, which would be that it be conditioned on the… is there any way we can put that 6 language up maybe? 7 Mr. Lait: Yeah, we can read it into the records. 8 Ms. Hodgkins: (unintelligible – mic not on) Oh, sorry. Prior to approval of the Parcel Map, the 9 applicant will obtain all required entitlements for construction in use of the school. 10 MOTION 11 Chair Alcheck: Ok, so I move that we recommend approval of the proposed Preliminary Parcel 12 Map Application with that condition in an effort to elevate concerns of what could if for 13 example, this project did continue. Which would essentially result in the exact same situation 14 we have now. Are there any seconds? 15 SECOND 16 Commissioner Rosenblum: I second that. 17 Chair Alcheck: Great. I don’t need to speak to it more. Would you like to speak to the motion? 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Rosenblum: I concur that Staff in making our purview clear in Attachment C, 1 each of the findings for both the variance required and the PTC oversite requirements… that 2 they are very well laid out and I can’t find any one of them that I would take issue with. With 3 regards to the discussion of whether or not this is the best use for that piece of land given the 4 priorities of Palo Alto. I agree that this is a little bit of a slippery slope. I am always advocating 5 for more housing, more housing. A denser housing project was the subject of a referendum in 6 Palo Alto not far from there. So, it’s unclear to me that that neighborhood even wants a denser 7 housing project and I personally also, just don’t think it’s the right place to add density. It’s not 8 a major transit hub. It’s already quite congested. It’s not the place where I’d be advocating to 9 add more density and so expanding an existing school facility that’s next door to Terman, across 10 from Gun, near other uses. And I would finally agree that one of the core matters is that if you 11 look at the other land uses, a large cemetery, a high school, a middle school and others, it does 12 seem odd that you have this one patch of R-1 that is right there. So, I’m not… I do feel that we 13 just have an unusual designation for that parcel and so my second in this is that I feel that Staff 14 did a good job of outlining both our purview and the basis for the exceptions. And therefore, I 15 think we should move to except Staff recommendation. 16 Chair Alcheck: Ok. Thank you. At this time, I want to take a vote. I’ll allow any dissensions to 17 speak to their dissent. So… 18 Commissioner Lauing: I just want to ask a question of the motion maker. 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: Ok. 1 Commissioner Lauing: In the scheme of things, how do you feel that this a benefit to Palo Alto 2 residents and students regardless of what the mix is of students in terms of where they live? 3 Chair Alcheck: Yeah, so I think you know…. I think the criteria I’m using is essentially the 4 framework of our Comprehensive Plan. And so, I… you know we have policies in our… goals in 5 our Comprehensive Plan about locating schools close to housing and the way that I see this is I 6 see that we have a very successful school in Palo Alto that wants to be more successful. And 7 this effort is essentially an upgrade. And I mean, the notion that they only have to hire… I mean, 8 we heard it tonight, right, but the notion that they only have to hire one individual suggests to 9 me that they intend to spread out. And if there is even one student at that school who's a 10 resident of Palo Alto, right? What we’re essentially doing and correct me if I’m wrong but this is 11 also a preschool? Right. So, we don’t really provide preschool education in Palo Alto. Right, it’s 12 not a… there is no public… correct me if I’m wrong, there’s not public preschool in Palo Alto. I 13 don’t think there’s a public preschool in the State but I may be wrong. And so, these institutions 14 are providing education to the youngest in our community. It will be delightful if all your kids 15 were from Palo Alto but there are lots of Palo Alto preschool to choose from but the notion 16 that this one can continue to thrive suggests to me that it would benefit Palo Alto. And so, if for 17 example, this institution has more space and more resources to succeed, maybe it will be even 18 more appealing to the residents of Palo Alto to send their kids to school there. 19 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Benefits a tricky word but I guess the more important, sort of, conclusion I’m making is that 1 each of the exceptions is sort of satisfied. Each of the conditions are satisfied and that’s why I 2 made my motion. Ok. Alright. At this time, I want to take a vote. 3 Commissioner Summa: Can I? I had my light on. 4 Chair Alcheck: Would you like to make a comment? Ok, go ahead. 5 Commissioner Summa: So, I’m really close. The only finding I have a problem with is 3, the 6 granting of this exceptional will not be detrimental to the public well fair. That’s been 7 somewhat alleviated by knowing that even the traffic report was based on 60 and I understand 8 really, the reality is 40 new students and one Staff member. So, it would even be less but I just 9 hope going forward in the review process, a better understanding of the impacts on 10 Arastradero can kind of considered because it is a really… a street that really impacted. So, 11 that’s the only finding and I really appreciate Commissioner Lauing’s contemplation about loss 12 of housing but I do also agree that the owners of the property want… this is a conditionally 13 allowed use and the owners of the property want to build a bigger school so I think I’m able 14 unless anybody else has comments to dissuade me, to support the motion. 15 VOTE 16 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: I won't take any more comments to dissuade you. No, I’m just kidding. Ok, at this 1 time I would like to take a vote. All those in favor of the motion on the floor, please raise your 2 hand and say aye. Ok, that unanimous support. 3 MOTION PASSED 5-0 4 Chair Alcheck: At this time, I would like to close… I guess I have to close the public hearing and 5 also end that item on the agenda. The public hearing is closed on this item. 6 Commission Action 7 Motion: Recommend Approval of the Preliminary Parcel Map with Exceptions to the 8 City Council Based on Findings and Conditions Provided in the Staff Report and the 9 following added condition: “Prior to approval of the parcel map, the applicant will 10 obtain all required entitlements for construction and use of the school.” Motion 11 made by Chair Alcheck, seconded by Commissioner Rosenblum; motions PASSES 5-0. 12 13 4. 1310 Bryant Street [16PLN-00258]: The Planning and Transportation Commission Will 14 Hold a Public Scoping Meeting on the Notice of Preparation for an Environmental 15 Impact Report for the Castilleja School Expansion Project. Public Input is Encouraged. 16 For More Information, Please Visit the Webpage or Contact Amy French at 17 amy.french@cityofpaloalto.org. ITEM CONTINUED TO MARCH 8, 2017 18 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: Item number 4 has been continued. 1 Approval of Minutes 2 Public Comment is Permitted. Five (5) minutes per speaker.1,3 3 5. January 11, 2017 Draft Planning & Transportation Commission Meeting Minutes 4 5 Chair Alcheck: So, I’d like to quickly… is there a motion to approve the minutes from January 6 11th? 7 8 MOTION 9 10 Commissioner Lauing: So, move. 11 12 Chair Alcheck: Second? 13 14 SECOND 15 16 Commissioner Summa: Second. 17 18 VOTE 19 20 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Chair Alcheck: Thank you. All those in favor of approving the minutes from January 11th, please 1 say aye. Raise your hand. Thank you. That unanimous. 2 3 MOTION PASSES 5-0 4 Commission Action 5 Motion: Approve the Minutes of January 11, 2017. Motion made by Commissioner 6 Lauing, seconded by Commissioner Summa; motions PASSES 5-0. 7 8 Committee Items 9 Commissioner Questions, Comments or Announcements 10 11 Chair Alcheck: Ok, I’m going to continue. Any discussion on Committee, Commissioner 12 questions, and comments or announcements. Until our next meeting in an effort to allow 13 everybody here to attend the State of the City if they so choose. Ok? That’s the conclusion of 14 our meeting. Thank you. Time is 7:14. 15 Adjournment 7:14PM 16 _______________________ 1.Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission 1 Commissioner Biographies, Present and Archived Agendas and Reports are available online: 2 http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: 3 4 Chair Michael Alcheck 5 Vice Chair Asher Waldfogel 6 Commissioner Przemek Gardias 7 Commissioner Ed Lauing 8 Commissioner Eric Rosenblum 9 Commissioner Doria Summa 10 11 Get Informed and Be Engaged! 12 View online: http://midpenmedia.org/category/government/city-of-palo-alto or on Channel 26. 13 14 Show up and speak. Public comment is encouraged. Please complete a speaker request card 15 located on the table at the entrance to the Council Chambers and deliver it to the Commission 16 Secretary prior to discussion of the item. 17 18 Write to us. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Letters can be 19 delivered to the Planning & Community Environment Department, 5th floor, City Hall, 250 20 Hamilton Avenue, Palo Alto, CA 94301. Comments received by 2:00 PM two Tuesdays preceding 21 the meeting date will be included in the agenda packet. Comments received afterward through 22 2:00 PM the day of the meeting will be presented to the Commission at the dais. 23 24 Material related to an item on this agenda submitted to the PTC after distribution of the 25 agenda packet is available for public inspection at the address above. 26 Americans with Disability Act (ADA) 27 It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a 28 manner that is readily accessible to all. Persons with disabilities who require materials in an 29 appropriate alternative format or who require auxiliary aids to access City meetings, programs, 30 or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing 31 ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 32 24 hours in advance of the meeting, program, or service. 33 Attachment F Environmental Documents Hardcopies of the Initial Study/Mitigated Negative Declaration are provided to Council Members. These documents 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 Environmental Documents online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “693 Arastradero” and open record by clicking on the green dot (ensure that you are reviewing the record for 16PLN-00228) 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 “2017-04 Final IS-MND” for the Final Initial Study/Mitigated Negative Declaration and “2017-04 Mitigation Monitoring and Reporting Plan” for the Mitigation Monitoring and Reporting Plan. Attachment G Hardcopies of Project plans were provided to Councilmembers. These plans are available to the public online and 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 “693 Arastradero” and open the record by clicking on the green dot (Check that the Application Selected is 16PLN-00228) 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 “2017-0424 Preliminary Parcel Map with Exceptions”.