HomeMy WebLinkAboutStaff Report 7808
City of Palo Alto (ID # 7808)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 3/20/2017
City of Palo Alto Page 1
Summary Title: 429 University Avenue: Appeal of Mixed Use Project
Title: 429 University Avenue [14PLN-00222]: Adoption of a Mitigated
Negative Declaration, a Mitigation Monitoring Plan, and a Record of Land Use
Acton Approving a Mixed Use Project with 28,547 Square Foot of Floor Area
and Two Subterranean Levels of Parking on an 11,000 Square Foot Site.
Environmental Assessment: Mitigated Negative Declaration was Circulated
on November 17, 2014 to December 12, 2014. Zoning District: CD-C (GF)(P).
From: City Manager
Lead Department: Planning and Community Environment
Recommendation:
Staff recommends the City Council adopt the Mitigated Negative Declaration (Attachment C),
the Mitigation and Monitoring and Reporting Plan, and the Record of Land Use Action (both in
Attachment A) approving an Architectural Review for a new mixed-use project commonly
known as 429 University.
Background:
This report transmits a Record of Land Use Action and associated environmental documents
supporting the approval a mixed-use project reviewed by the City Council on February 6, 2017.
A majority of the Council supported the project identified as Option 1 and imposed staff
recommended conditions of approval, which were identified the corresponding staff report.
The February 6, 2017 staff report is available online at:
http://www.cityofpaloalto.org/civicax/filebank/documents/55707.
Since the hearing, staff received correspondence from the applicant dated February 27, 2017
(Attachment B) indicating an inability to comply with certain conditions of approval. In
response, staff recommends two minor adjustments as discussed below.
Discussion:
Adoption of the project’s associated environmental studies and the Record of Land Use Action
City of Palo Alto Page 2
(RLUA) memorializes the City Council’s decision to approve the subject project. The attached
RLUA contains statements of fact, project findings and conditions of approval. In the Council’s
motion on February 6, 2017, the Council accepted staff-recommended conditions of approval
(see Conditions Two and Three in Attachment A).
Since the hearing, staff received a letter from the applicant’s architect indicating an inability to
comply with three of the eight conditions; there was no expressed objection to the other five
conditions. These conditions are identified below along with a summary of the applicant’s
explanation as well as staff’s response.
Condition Number 2b
The fourth floor guardrails and planters shall be set back a minimum of five feet from the
edge of the third floor roofline (all elevations), as modified by these conditions.
The applicant’s representative asserts the above condition would tempt an individual to
jump over the guardrail to sit at the edge of the roofline or place objects that may fall
and cause injury to people or damage property. The applicant identifies this risk as a
liability not only to the owner but also the city. Moreover, the applicant claims proposed
setbacks and the design of a glass railing are sufficient to not require further setbacks.
Finally, according to the applicant, the proposed condition would violate the Americans
with Disabilities Act (ADA).
Staff disagrees with the applicant’s assertions. The guardrail requirement is set forth in
the technical building codes and its placement away from the edge of the building is
necessary to reduce building mass and ensure an appropriate transition in scale to
adjacent properties. The property owner is responsible for maintaining the property in
safe manner and in compliance with applicable codes, not the city. As to the ADA claim,
the applicant can make modifications to the elevator and still comply with this condition
and other applicable requirements. Specifically, the elevator could be redesigned to
allow two-way passage, which is not an uncommon design feature. Elevators can be
designed to open one set of doors on certain floors and another set of elevator doors on
other floors. Since there are design solutions available, staff does not see a need to
modify this condition.
Condition Number 2d
The third floor roofline above the removed ‘library’ area shall be setback to follow the
proposed third floor roofline; reducing the building mass at the street corner.
The applicant seeks to maintain a three-foot overhang at the location where the library
on the third floor is removed. The overhang adjacent to University Avenue and Kipling
Street have a similar dimension. Applicant asserts this is needed to address minimum
City of Palo Alto Page 3
requirements for shading, energy conservation and weather protection. Additionally,
the applicant is concerned about the architectural design continuity if the overhang is
not permitted in this area.
Staff agrees that not allowing a modest overhang at this location could result in a design
that is not beneficial to the overall architecture. The objective of this condition and
condition number 10, which requires removal the third floor library is to reduce building
mass at the corner and support a more human-scaled design. This objective is still
achieved with the allowance of a three-foot overhang. Accordingly, staff has amended
this condition as follows, which is reflected in Attachment A:
The third floor roofline above the removed ‘library’ area shall be
removed, except to allow a three-foot overhang. setback to follow the
proposed third floor roofline; reducing the building mass at the street
corner.
Condition Number 2e
The elevator adjacent to Kipling Street, inclusive of any associated mechanical
equipment, shall not exceed fifty feet (50’) in height.
Applicant seeks to modify this condition to allow the elevator mechanical equipment to
extend to 54.5 feet in height. The applicant notes the zoning code allowance that
permits elevator equipment to extend up to 15 feet above the height limit and provided
information from Otis Elevator Company about the technical requirements for a specific
elevator model that is designed to minimize the amount of space needed for rooftop
mechanic equipment.
Staff has reviewed this information and informally consulted with a trade professional
who installs elevators and has determined that the requested increase is appropriate.
The elevator shaft is approximately 9 feet by 11 feet and is setback five feet from the
Kipling Street building facade (11 feet from the property line). The plans reviewed by the
Council showed the elevator extending 15 feet above the height limit or 65 feet in
height. The applicant’s request to extend to a total height of 54.5 feet (as opposed to 50
feet as first conditioned) will not be substantially visible from Kipling Street and is not
anticipated to have a significant visual impact or compromise the Council’s context
compatibility analysis. Based on the foregoing, staff has amended this condition as
follows, which is reflected in Attachment A:
The elevator adjacent to Kipling Street, inclusive of any associated
mechanical equipment, shall not exceed fifty-four and one-half feet
(54.50') in height.
City of Palo Alto Page 4
Environmental Review
Pursuant to the requirements of the CEQA, a Draft Initial Study and Mitigated Negative
Declaration was prepared and circulated along with the required 20-day public review. The
public comment period for this project was from November 17, 2014 to December 12, 2014.
The Initial Study and Mitigated Negative Declaration (MND) have been updated to include the
findings of additional analyses, including the historic resources memorandum, shadow study
and the traffic operations study (Attachments C). The plan revisions did not result in any
additional impacts nor require additional mitigation measures. The original mitigation
monitoring and reporting program remains the same (Attachment A).
Attachments:
Attachment A: Draft Record of Land Use and Mitigation Monitoring & Reporting Program
(PDF)
Attachment B: Applicant's February 27, 2017 Response to Conditions (PDF)
Attachment C: Environmental Assessment (DOCX)
APPROVAL NO. ____
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR
425 AND 429 UNIVERSITY AVENUE: MAJOR ARCHITECTURAL REVIEW
APPLICATION [14PLN-0022]
On February 6, 2017, the City Council of the City of Palo Alto considered an appeal of the
Planning and Community Environment Director’s decision to approve a Major Architectural Review for the
development of a four-story, 50-foot tall, 28,547 square-foot, mixed-use project at 429 University Avenue
and directed staff to return to Council with the following findings, determinations and declarations to
support their decision to adopt a modified project design:
SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds,
determines, and declares as follows:
A. The project site is comprised of two lots, 425 and 429 University Avenue (APN Nos. 120-15-
029 and 120-15-028, respectively) of approximately 11,000 square feet. The site contains two commercial
structures bordered by University Avenue to the southeast, Lane 30 E to the northwest, and Kipling Street to the
northeast. Single-story businesses border the site to the northeast along Kipling Street, and one and two story
buildings border the project site along University Avenue.
B. On June 19, 2014, Kipling Post LP applied for a Major Architectural Review for the
development of a mixed-use project on an 11,000 square foot parcel (“The Project”).
C. On February 25, 2015, the Planning and Community Environment Director approved
the Major Architectural Review.
D. On March 11, 2015, a timely appeal was filed by Dr. Michael Harbour (“the Appellant”)
stating concerns related to parking, traffic and circulation concerns and safety issues, impacts to historical
resources, and the size and massing of the project
E. On May 4, 2015, the City Council remanded the project to the Historic Resource Board
(HRB) and Architectural Review Board (ARB) for further review and requested project revisions to address
issues of scale and compatibility. Specifically, the Council requested that the applicant redesign the project and
return to the HRB and ARB to address a variety of concerns. The HRB was asked to review and comment on the
historic resource evaluation report as it relates to the project’s potential impact to other historic resources in
the area; the applicable ‘area of potential affect’ pursuant to the California Environmental Quality Act (CEQA);
the potential impact of the project’s mass, scale and compatibility to existing historic properties; and whether
the proposed building would change the setting of the historic properties on Kipling Street or University
Avenue and have an impact under CEQA. The Council directed the ARB to evaluate the project’s compatibility
with the immediate environment of the site; neighborhood character; other buildings in the area; consistency
with the roof lines, entries, setbacks, mass and scale with context based design criteria; shadow patterns;
vehicular access to the site, including possible impacts to Lane 30 (alley) circulation; and, to provide direction
on the design linkages with the overall pattern of development in the area. On September 10 and 17, 2015, the
HRB and ARB, respectively, considered project revisions presented by the applicant. Their respective comments
are available in the administrative record and meeting minutes. The HRB members expressed concern with
various aspects of the project, notably related to the mass and scale of the proposed building and expressed
concerns regarding the project’s compatibility to nearby designed Birge Clark buildings and the Victorian-style
structures on Kipling Street. The ARB had a variety of comments regarding the project, including expressing
concerns with project compatibility when viewed from Kipling Street and encouraged further architectural
refinement to address other concerns expressed by Council. On November 30, 2015, the City Council remanded
the project to ARB for further review and consideration as it relates to the following specific Architectural
Review Findings and Context-Based Design Criteria:
PAMC chapter 18.76.020(d):
• (1): Architectural Review Findings in relation to design’s consistency and compatibility
with applicable elements of the Palo Alto Comprehensive Plan
• (2): Architectural Review Findings in relation to design’s compatibility with the
immediate environment of the site
• (4): Architectural Review Findings in relation to design’s compatibility with areas as
having a unified design character or historic character
• (12): Architectural Review Findings in relation to compatibility and appropriateness in
materials, textures, colors, details of construction and plant materials to the project’s
function and to adjacent structures, landscape elements and functions
And PAMC Section 18.18.110
(a)(2)(B)(i): Contextual and Compatibility Criteria – Compatibility goal in relation to
siting, scale, massing and materials
(a)(2)(B)(iii): Contextual and Compatibility Criteria – Compatibility goal in relation to
pattern of roof lines and projections
(b)(2)(B): Context-based Design Considerations and Findings – Street building facades
in relation to eaves, overhang, porches and other architectural elements that provide
human scale and help break up building mass
F. On March 17, 2016 the applicant returned to the ARB with a revised project, consisting
of two options prepared by Topos Architecture. The ARB preferred Option B with recommended changes to
better reduce building scale and mass, and continued the project to May 19, 2016.
G. On August 4 the applicant returned to the ARB with a revised project prepared by Jo
Bellomo and Associates, the fourth design professional known to the City to be engaged by the applicant to
prepare plans and make presentations regarding the project. Based on the administrative record, including
meeting minutes, the ARB expressed concern that this latest iteration was not responsive to earlier ARB or City
Council comments and requested staff prepare recommended findings to deny the project.
H. On September 1, 2016, at the applicant’s request, the ARB conducted a study session
of a project that closely resembled Option 1. While ARB members continued to express concerns, the Board
commented that this design concept showed progress toward addressing previously stated concerns regarding
the project’s compatibility to adjacent structures and neighborhood character.
I. The ARB reviewed a project on October 20, 2016 (described as Option 2 in the February 6,
2017 City Council report). This design included changes that increased the mass of the building at the street corner
on the third floor and additional mass on the fourth floor that was previously removed from the plans reviewed on
September 1, 2016. The ARB forwarded a recommendation of denial of the project to the City Council.
J. The Applicant submitted revised plans on October 26, 2016 (described as Option 1 in the
February 6, 2017 City Council report), which was a refined version of the plans presented at a study session of the
ARB on September 1, 2016, which addressed many of the Board’s comments.
K. The Applicant submitted revised plans on December 8, 2016 (described as Option 3 in on
the February 6, 2017 City Council report), which represented another iteration of the Option 1 design, but included
concepts previously reviewed by the ARB on August 4, 2016.
L. The City Council reviewed Option 1, Option 2, and Option 3 of the project on February
6, 2017 and approved Option 1 based on the findings and subject to the conditions of approval included below.
SECTION 2. Environmental Review. The City as the lead agency for the Project has determined
that the project is subject to environmental review under provisions of the California Environmental Quality Act
(CEQA) under Guideline section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration. An
initial study was prepared for the project in 2014 and was updated in August of 2015 and it was determined
that, with the implementation of conditions of approval, and mitigation measures no potentially adverse
impacts would result from the development, therefore, the project would have a less than significant impact on
the environment.
SECTION 3. Architectural Review Findings. Pursuant to Palo Alto Municipal Code Section
18.76.020(d), neither the director, nor the city council on appeal, shall grant architectural review approval,
unless it is found that the project is consistent with certain adopted findings. At the time that the project
application was filed and appealed to Council, the findings presented in this section were in use, and the Council
finds that the project is consistent with them as follows:
Comprehensive Plan and Purpose of ARB:
Finding #1: The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive
Plan.
Finding #16: The design is consistent and compatible with the purpose of architectural review, which is to:
Promote orderly and harmonious development in the city;
Enhance the desirability of residence or investment in the city;
Encourage the attainment of the most desirable use of land and improvements;
Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and
Promote visual environments which are of high aesthetic quality and variety and which, at the same
time, are considerate of each other.
The project is consistent with Findings #1 and #16 because:
On balance, the project is consistent and compatible with applicable elements of the Palo Alto Comprehensive
Plan. The proposed project is in conformance with the following Comprehensive Plan Goals and Policies. The
project is compatible with the surrounding development based on the building’s size, scale and mass. The
project reflects a similar massing and rhythm to other properties along University Avenue and includes building
articulate and setbacks at the third and fourth floors that provide for an appropriate transition, particularly
along Kipling Street, to the lower profile buildings nearby. Some of the goals and policies the project is in
compliance with include the following:
Goal L-1: A well-designed, compact city, providing residents and visitors with attractive neighborhoods,
work places, shopping district, public facilities and open spaces.
Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and
unacceptable due their size and scale.
Goal L-4: Inviting, pedestrian-scale centers that offer a variety of retail and commercial services and
provide focal points and community gathering places for the City’s residential neighborhoods and
Employment Districts.
Policy L-20: Encourage street frontages that contribute to retail vitality in all Centers. Reinforce street
corners with buildings that come up to the sidewalk or that form corner plazas.
Policy L-23: Maintain and enhance the University Avenue/Downtown area as the central business
district of the City, with a mix of commercial, civic, cultural, recreational and residential uses. Promote
quality design that recognizes the regional and historical importance of the area and reinforces its
pedestrian character.
Policy L-24: Ensure that University Avenue/Downtown is pedestrian-friendly and supports bicycle use.
Use public art and other amenities to create an environment that is inviting to pedestrians.
Goal L-6: Well-designed buildings that create coherent development patterns and enhance city streets
and public spaces.
Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding
development and public spaces.
Policy L-49: Design buildings to revitalize streets and public spaces and to enhance a sense of
community and personal safety. Provide an ordered variety of entries, porches, windows, bays and
balconies along public ways where it is consistent with neighborhood character; avoid blank or solid
walls at street level; and include human-scale details and massing.
Goal T-3: Facilities, services and programs that encourage and promote walking and bicycling.
Policy T-21: Support the use of Downtown alleyways for pedestrian- and bicycle-only use.
Policy T-23: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-site
parking, public spaces, gardens, outdoor furniture, art, and interesting architectural details.
Option 1, as presented to the City Council on February 6, 2017, provides a transition in scale and character along
University Avenue. The building’s modern design blends and transitions with the surrounding buildings through
similar materials and horizontal rooflines. The building reinforces the pedestrian character of University Avenue
as required by Policy L-23 and Policy L-24 because it provides a widened sidewalk for pedestrians with sheltered
entrances. These same pedestrian features are extended to Kipling Street as well, and the seating area at the
rear of the building activates a pedestrian space in the alley. Conditions of Approval Nos. 2b, 2c, 2d, and 2e all
reduce the massing and visual prominence of the building along Kipling Street, creating the appearance of a
three-story structure. This design provides a smoother transition from the single and two-story structures along
Kipling Street.
The proposed project incorporates similar pedestrian and human friendly features found in other buildings along
University Avenue. The first floor plate height reflects the plate height of the buildings to the west along
University Avenue. The surrounding buildings contain sidewalk dining areas, recessed entries, and are
predominantly two-story structures, with a low first floor plate height to relate to a human and pedestrian scale.
The project incorporates similar features with designated pedestrian areas at the entryways and natural building
overhangs along University Avenue and Kipling Street. These design features create a project that is pedestrian
friendly and designed at a human scale on elevations fronting rights-of-way. Condition of Approval No. 2e
requires that the elevator tower height not exceed 54.5 feet and Condition of Approval No. 2b requires the
fourth floor guardrails to be setback from the edge of the terrace along all streetscapes. These conditions reduce
the visual prominence of the structure along Kipling Street, and they create the appearance of a three story
building. The appearance of a three-story building helps the project achieve an orderly and harmonious design
along Kipling Street, which has lower profile buildings.
Compatibility and Character:
Finding #2: The design is compatible with the immediate environment of the site.
Finding #4: This finding of compatibility with unified or historic character is not applicable to the project (there is
no unified design or historic character).
Finding #5: The design promotes harmonious transitions in scale and character in areas between different
designated land uses.
Finding #6: The design is compatible with approved improvements both on and off the site.
The project is consistent with Findings #2, #4, #5 and #6 because:
The project is compatible with the immediate environment of the site. Buildings located to the southwest of the
site along University Avenue consist of two-story buildings. The first two floors of the project are consistent with
the height of these buildings, while the third floor is setback approximately eight-feet. The fourth floor is setback
approximately 40-feet. These features result in a gradual transition in scale thereby increasing the compatibility
and character of the project with its immediate environment. Further, the design obscures the fourth floor from
views along University Avenue. The setbacks along Kipling Street and Lane 30 also promote a design that is
compatible with the immediate environment of the site and offer harmonious transitions. The setbacks on the
fourth floor along Kipling Street obscure views of the building features above the third floor from many vantage
points, thereby reducing the building scale and improving compatibility with smaller structures nearby. To
accomplish this result, the conditions of approval require that the elevator tower height be reduced to a
maximum of 54.5 feet and the elevator shaft is setback 11 feet from Kipling Street, while the stairs and office are
setback approximately 20 feet and 37 feet, respectively. This condition and these design features will obscure
views of the fourth floor and result in a building with a three-story appearance from vantage points that are
close to the site on Kipling Street. This results in a harmonious transition from the two story structures along
Kipling Street to the proposed project because it effectively only increases the height of the project by one story
from the structure at the corner of Kipling and University and two stories from the business at Kipling Street and
Lane 30.
Conditions of approval for the project also ensure that the design of the building will be compatible with the
immediate environment of the site. Conditions No. 3b and 3c require that the applicant return to the ARB for
approval of the materials, colors, craftsmanship and landscaping, and Condition No. 3a requires a decorative
wall treatment, feature or element along the southern elevation of the building. These requirements will ensure
that design features are compatible with the immediate environment of the site.
The design of the building offers a harmoniously compatible transition with the design character of the
streetscape along University Avenue. The design of the project transitions from the mid-century designs found
along University Avenue to a more modern looking building that defines the street corner. The project consists
of rectilinear features in a glass and concrete style building. These features are consistent with the character of
the surrounding buildings to the east of the site along University Avenue and the building located at the corner
of Kipling Street and University Avenue.
The Historic Resources Memorandum notes that the historic character of the area has been compromised by
intrusions including incompatible materials, height, massing and architectural features. features. Because the
area has not been recognized as having a unified design or historic character, this finding is not applicable.
Functionality and Open Space:
Finding #3: The design is appropriate to the function of the project.
Finding #7: The planning and siting of the building on the site creates an internal sense of order and provides a
desirable environment for occupants, visitors and the general community.
Finding #8: The amount and arrangement of open space are appropriate to the design and the function of the
structures.
The project is consistent with Findings #3, #7, and #8 because:
The design and arrangement of the open space is appropriate for the function of the project. The project
proposes a seating area off the alley at the back of the project. The Comprehensive Plan encourages these
spaces such as these to activate alley spaces for pedestrian use. Further, the project incorporates terraced areas
around the third floor for the residential users and on the fourth floor for the office use. These areas serve as a
functional open space for residents and tenants of the project and are easily accessible to the building users.
Therefore, the design, amount, arrangement and planning of open space is appropriate and creates a sense of
order for the project.
The planning and siting of the building on the site creates a sense of order and provides a desirable environment
for visitors, occupants and the general community. The siting of the building is located along the back of the
sidewalk, consistent with other buildings along University Avenue streetscape and forms an edge along Kipling
Street consistent with the existing buildings along both streets. Vehicle access to the building from the alley
provides convenient and safe accessibility that minimizes vehicle interactions along Kipling Street and University
Avenue. Internally, stairs and elevators provide access to each floor, and these are conveniently reached from
the street or the subterranean parking. The floorplans create individualized floors that separates the residents
and commercial and office tenants. Occupants, visitors and the community are provided with a desirable
environment because of this ease of access to the individualized uses on each floor. Therefore, the siting and
floor plan create a sense of order and provide a desirable environment for occupants, visitors and the general
public.
Circulation and Traffic:
Finding #9: Sufficient ancillary functions are provided to support the main functions of the project and the same
are compatible with the project’s design concept.
Finding #10: Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and
vehicles.
The project is consistent with Findings #9 and #10 because:
The project contains sufficient ancillary functions to support the main functions. Access to the property and
circulation thereon is convenient for cyclists because it provides long-term and short-term bicycle parking. The
short term parking is easily accessible from the street and the long term parking is located in the garage where it
is screened from public view.
Access to the property and circulation thereon are safe and convenient for all users. The alley provides a
dedicated, separate access point to the project from the street. This will minimize vehicle interactions with other
vehicles as well as pedestrians and cyclists. Further, the traffic study has determined that there is adequate site
distance for exiting the alley onto Kipling Street. The project will incorporate mirrored installations at the
parking garage ingress and egress to improve visibility and reduce conflicts between vehicles and pedestrians
and cyclists. The onsite circulation was reviewed in accordance with generally accepted traffic engineering
standards. Generally, the proposed plan would provide one main drive aisle that would lead to an underground
parking structure. Parking is shown at 90 degrees to the main drive aisle. This drive aisle makes several 90
degree turns to spiral down to the farthest parking spaces. The City parking facility design standards specify a
minimum width of 16 feet for two-way underground ramps; 25 feet for two-way drive aisles lined with 8.5 foot
wide, 90 degree spaces; and maximum slope of 2% adjacent to accessible parking spaces. The proposed project
meets these standards. Further, the project was also found to meet the applicable parking requirements of the
PAMC. Therefore, these features ensure access and circulation thereon are safe and convenient for all users.
The project is subject to the loading area requirements in the City’s Zoning Code because it is a mixed-use
project with commercial, office and residential uses. Consistent with past practice, the staff has recommended
approval of an off-site loading area near the building rather than on the project site itself. There is a loading
zone at Kipling Street and the alley provides sufficient loading space for the project and service alleys
throughout downtown have historically been used for the purpose of shared loading and access. Using the alley
is consistent with prior projects reviewed by the City and with previous iterations of the project design, and
meets the intent of the City’s Code requirement.
Landscaping and Plant Materials:
Finding #11: Natural features are appropriately preserved and integrated with the project.
Finding #12: The materials, textures and colors and details of construction and plant material are an appropriate
expression to the design and function and compatible with the adjacent and neighboring structures, landscape
elements and functions.
Finding #13: The landscape design concept for the site, as shown by the relationship of plant masses, open
space, scale, plant forms and foliage textures and colors create a desirable and functional environment on the
site and the landscape concept depicts an appropriate unit with the various buildings on the site.
Finding #14: Plant material is suitable and adaptable to the site, capable of being properly maintained on the
site, and is of a variety that would tend to be drought-resistant and to reduce consumption of water in its
installation and maintenance.
The project is consistent with Findings #11- #14 because:
The project will preserve existing street trees along University Avenue and will replace two perimeter trees
along Kipling Street with ginkgo biloba. Two other street trees along Kipling Street will be retained. The project
proposes appropriate, drought tolerant, sustainable landscaping in key open space areas that will complement
and enhance the design of these spaces. The landscaping will form a soft edge and perimeter around the ground
floor and terrace area on the third floor. Further, as conditioned, the project is required to return to the
Architectural Review Board for review and recommendation to the Director of Planning and Community
Environment for landscape details and plans for all proposed planting, including individual planters, the
greenwall, and landscaping near the rooftop elevator. Therefore, the landscape design is appropriate and
compatible for the project.
The proposed project is consistent with the above finding because it corporates materials, textures, colors and
details that are compatible with adjacent structures and functions. Adjacent structures employ brick, stucco and
glass windows with a rough texture and organic colors. The proposed structure consists of concrete, glass
windows, and metal mesh screens. These features compliment the adjacent buildings and the third and fourth
floor consist of a similarly colored concrete as nearby buildings. Further, as conditioned, the project is required
to return to the Architectural Review Board for review and recommendation to the Director of Planning and
Community Environment of exterior building materials, colors and craftsmanship-related detailing associated
with the project. Therefore, the project is compatible with the materials, colors and textures of adjacent
buildings.
Sustainability:
Finding #15: The design is energy efficient and incorporates renewable energy design elements including, but
not limited to:
Careful building orientation to optimize daylight to interiors
High performance, low-emissivity glazing
Cool roof and roof insulation beyond Code minimum
Solar ready roof
Use of energy efficient LED lighting
Low-flow plumbing and shower fixtures
Below grade parking to allow for increased landscape and stormwater treatment areas
The project is consistent with Finding #15 because:
In accordance with the City’s Green Building Regulations, the building will satisfy the requirements for CALGreen
Mandatory + Tier 2.
SECTION 4. Architectural Review Findings. Revised Architectural Review Findings were adopted by
ordinance of the City Council on November 14, 2016 (second reading December 12, 2016) and became effective on
January 12, 2017. The Council finds that the project as modified is consistent with these findings and the Context-
Based Design Criteria in PAMC 18.18.110 as follows:
Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning
Code, coordinated area plans (including compatibility requirements), and any relevant design guides.
The proposed project, as modified by the conditions of approval, is generally consistent with the Palo Alto
Comprehensive Plan, including the following goals and policies:
Goal L-1: A well-designed, compact city, providing residents and visitors with attractive neighborhoods,
work places, shopping district, public facilities and open spaces.
Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and
unacceptable due their size and scale.
Goal L-4: Inviting, pedestrian-scale centers that offer a variety of retail and commercial services and
provide focal points and community gathering places for the City’s residential neighborhoods and
Employment Districts.
Policy L-20: Encourage street frontages that contribute to retail vitality in all Centers. Reinforce street
corners with buildings that come up to the sidewalk or that form corner plazas.
Policy L-23: Maintain and enhance the University Avenue/Downtown area as the central business
district of the City, with a mix of commercial, civic, cultural, recreational and residential uses. Promote
quality design that recognizes the regional and historical importance of the area and reinforces its
pedestrian character.
Policy L-24: Ensure that University Avenue/Downtown is pedestrian-friendly and supports bicycle use.
Use public art and other amenities to create an environment that is inviting to pedestrians.
Goal L-6: Well-designed buildings that create coherent development patterns and enhance city streets
and public spaces.
Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding
development and public spaces.
Policy L-49: Design buildings to revitalize streets and public spaces and to enhance a sense of
community and personal safety. Provide an ordered variety of entries, porches, windows, bays and
balconies along public ways where it is consistent with neighborhood character; avoid blank or solid
walls at street level; and include human-scale details and massing.
Goal T-3: Facilities, services and programs that encourage and promote walking and bicycling.
Policy T-21: Support the use of Downtown alleyways for pedestrian- and bicycle-only use.
Policy T-23: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-site
parking, public spaces, gardens, outdoor furniture, art, and interesting architectural details.
More specifically, the project is consistent with Policy L-5, which seeks to maintain the scale and character of the
City. Avoid land uses that are overwhelming and unacceptable due their size and scale. As conditioned, the
approved project reduces the scale and visual prominence of the building along University Avenue and Kipling
Street, creating the appearance of a three-story structure. This design provides a smoother transition from the
single and two-story structures along University Avenue and Kipling Street, thereby maintaining the scale of the
blocks. The building’s modern design blends and transitions with the surrounding buildings and other buildings
in the City through use of similar materials, design features, massing, and character.
The project is further consistent with Goals L-4 and Policies L-20, L-23 and L-24 and L-49, in that the project
provides ground floor commercial space at a prominent intersection that serves as a focal point for a variety of
retail uses that could occupy the space. The rhythmic position of the doors along University Avenue and Kipling
Street also enhance retail vitality of the streets by locating retail uses immediately adjacent to the sidewalk and
reflects the pattern of development along University Avenue. The project is consistent with Policy L-23 as it
provides a mixture of commercial, office and residential uses comprised in a quality designed building. The
project is consistent with Policies L-24, L-49, T-21 and T-23 because it provides a widened sidewalk for
pedestrians with sheltered entrances. These same pedestrian features are extended to Kipling Street as well,
and the seating area at the rear of the building activates a pedestrian space in the alley. The project is consistent
with Goal L-6 and Policies L-48 and L-49 because the project is well designed, creates a coherent development
pattern, is of high quality, and creative design that is compatible with surrounding development. Conditions of
Approval Nos. 2b, 2c, 2d, 3b, 3c ensure that materials, landscaping and colors will be of high quality; reduce the
massing and scale of the building to make it compatible with the surrounding buildings by limiting the elevator
tower height, removing the library from the third floor, and reducing the projection of the eyebrow on the
building; and setting back the guardrails and planters on the fourth floor to further reduce the massing and scale
and enhance the buildings compatibility with the surrounding environment.
The project has also been reviewed to the objective development standards in the zoning code and found to be
in compliance with the intent and regulations contained therein. A comprehensive review of the project to
applicable development standards is included in the administrative record.
The project is consistent with the Downtown Urban Design plan. The project is located in the Commercial Core
and more specifically the University Avenue District. The Urban Design plan notes that the alley from Kipling
Street is designated for opportunities for pedestrian friendly use. The project satisfies this design requirement
by providing a courtyard area with tables for pedestrians to use at the rear of the project site. The alley façade
also incorporates a green wall which provides a sense of life to the alleyway. Other relevant goals in the plan
include reinforcing University Avenue as the retail core by maintaining ground floor retail space, develop and
enhance the qualities of University Avenue which make it an exciting outdoor and pedestrian environment with
eclectic architecture, outdoor food, and entertainment and public amenities. The project maintains commercial
uses along University Avenue by designating the ground floor area of the building for commercial spaces. The
design of the project generates interests on the side streets. The clear glass windows allow pedestrians to see
through the corner of the building which strengthens the pedestrian experience. The project provides
pedestrian spaces through the recessed entries and widened sidewalk. The building is designed with attention to
all facades. Kipling Street and University Avenue have the same attention to detail as the alley and southern
elevation. The attention to detail in the alley is exhibited through the use of a green wall planter. Further, as
conditioned, the southern elevation is required to incorporate a decorative wall treatment, feature or element.
Therefore, the project is conditioned and incorporates attention to detail on each façade. The ground floor of
the project is primarily comprised of glass which is consistent with the plan’s requirement for ground floor
treatments that allow for easier pedestrian views of displays and merchandise.
Further, the project is located in the Kipling Street secondary district. The plan calls for Kipling Street between
Lytton and University Avenue to retain older single family structures and the architectural character they
provide. The project is not subject to this requirement because it does not propose to convert a single-family
structure, and therefore its architecture, on Kipling Street. The project would convert commercial structures.
The plan also calls for the terminus of Kipling Street and University Avenue to be enhanced through tie-ins to the
Varsity Theater. The project would tie-in to the Varsity Theater by providing a structure that is of similar height
and massing, located at the street front.
The project is not subject to any coordinated area plans.
Finding #2: The project has a unified and coherent design, that:
a. creates an internal sense of order and desirable environment for occupants, visitors, and the general
community,
b. preserves, respects and integrates existing natural features that contribute positively to the site and
the historic character including historic resources of the area when relevant,
c. is consistent with the context-based design criteria of the applicable zone district,
d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use
designations,
e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas.
The project is consistent with Finding #2 because:
The project has a unified and coherent design and creates an internal sense of order in that each use of the
building is separated onto a specific floor. Each use also has access to own open space and the floor plans
facilitate the proposed uses through appropriate layouts and configurations of the internal spaces. Internal
spaces are provided with direct access and circulation routes and amenities like kitchen spaces for the
commercial and office uses.
The project is designed to preserve, respect and integrate natural features. Natural features for this project
consist of street trees along University Avenue and Kipling Street. The project site will preserve the existing
street trees along University Avenue and will replace the ginkgo biloba trees along Kipling Street with new
gingko biloba trees. The building respect the street trees by maintain setbacks from the vegetation and
Condition of Approval No. 3b ensures that vegetation from the project will integrate with the street trees.
Because the area has not been recognized as having a unified design or historic character, the finding for historic
character is not applicable Therefore, the project will preserve, respect and integrate natural features that
contribute positively to the site.
The project is consistent with the context-based design criteria for the applicable zone district:
The design and architecture of the proposed project has been reviewed with respect to the Context-Based
Design Criteria set forth in PAM 18.18.110. Section 18.18.110 notes that the project shall be:
Responsible to its context and compatible with adjacent development, and shall promote the
establishment of pedestrian oriented design (where “responsible to context” is not a desire to replicate
surroundings, but provide appropriate transitions to surroundings), and
Compatible with adjacent development, when apparent scale and mass is consistent with the pattern of
achieving a pedestrian oriented design and when new construction shares general characteristics and
establishes design linkages with the overall pattern of buildings so the visual unit of the street is
maintained.
Pursuant to PAMC 18.18.110(b), the following additional findings have been made in the affirmative:
(1) Pedestrian and Bicycle Environment: The design of new projects shall promote pedestrian walkability, a
bicycle friendly environment, and connectivity through design elements. This finding can be made in the
affirmative in that the project supports widen sidewalk with recessed entries on primary pedestrian routes,
at-grade bicycle racks near the building entrances, secured bicycle facility at ground level and within the
underground parking garage.
(2) Street Building Facades. Street facades shall be designed to provide a strong relationship with the sidewalk
and the street(s), to create an environment that supports and encourages pedestrian activity through design
elements. This finding can be made in the affirmative in that the proposed street facades are designed to
create an environment that supports and encourages pedestrian activity. The building façade facing
University Avenue preserves the existing storefront pattern with distinguish architectural elements to break
up building mass. Entries are clearly defined and have a scale that is in proportion to the building functions.
Elements that signal habitation such as entrances, stairs, and balconies are visible to people on the street.
Proposed placement and orientation of doorways, windows and landscape elements are appropriate to
create strong and direct relationships with the streets. Upper floors are setback, width of overhang is
reduced and elevator shaft is oriented inward to reduce building mass and to fit in with the context of the
neighborhood;
(3) Massing and Setbacks. Buildings shall be designed to minimize massing and conform to proper setbacks.
This finding can be made in the affirmative in that the project incorporates design with a series of recessed
terraces and interchange in materials to break down the scale of building and provide visual interest.
Variation in massing and materials create a façade with two distinctive frontages, which respect the existing
storefront patterns and rhythms on University Avenue. Proposed design incorporates columns framework
and tall display windows to reinforce the street corner. With the intent to minimize massing and ensure
greater setback, proposed design has reduced the height of stairway tower and setback roofline for upper
floor terrace at the corner of Lane 30 and Kipling Street;
(4) Low-Density Residential Transitions. Where new projects are built abutting existing lower scale residential
development, care shall be taken to respect the scale and privacy of neighboring properties. Although the
parcels abutting the project site along Kipling Street have a commercial zoning designation, most of the built
forms have a low density residential appearance. While the height is taller than most of the buildings in the
neighborhood, the proposed building height of 50 feet is compliant with the height limit in the Downtown
Commercial District. Proposed design includes at least a 10 feet setback with open terraces at the second
and third floors to reduce the impact of the building height on to adjacent lower density neighborhood.
Potential privacy concern is at a less than significant level as the buildings behind the project site are mostly
one-story with commercial/office uses and mature trees along Kipling Street would provide some degree of
screening. Proposed design includes storefront glass on both frontages to introduce a daylight source on the
ground level.
(5) Project Open Space. Private and public open space shall be provided so that it is usable for residents, visitors,
and/or employees of the site. This finding can be made in the affirmative in that the project provides open
space with wider sidewalks, balconies, and a roof-top terrace. The balconies are accessible by residents on
the site and are located on four sides of the building that encourage ‘eyes on the street’. Proposed roof-top
terrace is for office tenants and would provide ample solar exposure;
(6) Parking Design. Parking needs shall be accommodated but shall not be allowed to overwhelm the character
of the project or detract from the pedestrian environment. This finding can be made in the affirmative in that
the project’s parking is located within the below-grade garage and does not detract from pedestrian
environment. The project includes a well-integrated garage entry, four feet setback, and mirrors that aid
traffic and improve visibility on Lane 30. In addition, the project incorporates landscaping element to soften
the exit of Lane 30. The intent is to enhance the character of pedestrian environment, while maintaining
traffic visibility with low profile plant materials;
(7) Large (Multi-Acre) Sites. Large sites (over one acre) shall be designed so that street, block, and building
patterns are consistent with those of the surrounding neighborhood. This finding does not apply;
(8) Sustainability and Green Building Design. Project design and materials to achieve sustainability and green
building design should be incorporated into the project. This finding can be made in the affirmative in that
the project would comply with the City’s green building ordinance, and the design includes overhangs,
recesses, and other shading devices and techniques to reduce the solar heat gain and energy consumption
related to the cooling of the building. Design is easy for pedestrian, bicycle and transit access. The project
incorporates high efficiency LED light fixtures, low-flow plumbing fixtures and high efficiency HVAC
equipment for efficiency energy and water use. Green building features will be incorporated to achieve
CalGreen Tier 2 standards for the commercial portion and Green Point rated standards for the residential
portion.
Condition of Approval No. 2e requires that the elevator tower height not exceed 54.5 feet and Condition of
Approval No. 2b requires the fourth floor guard rails to be setback from the edge of the terrace along all
streetscapes. These conditions reduce the visual prominence of the structure along Kipling Street, and they
create the appearance of a three story building. Along Kipling Street and University Avenue, the project would
constitute a one to two-story increase in height from the adjacent structures. Additionally, the second and third
floors are setback 10-feet from the alley way, and the third floor is setback approximately seven-feet off of
Kipling Street and University Avenue. Condition Nos. 2c and 2d requires the library to be removed from the third
floor at the intersection of Kipling Street and University Avenue and for the third floor roofline to follow the
fourth floor plan, which further reduces the mass and scale of the building. These conditions and design feature
help the project achieve a harmonious transition in scale and mass between adjacent land uses along Kipling
Street and University Avenue.
Further, the project is consistent with Finding #2 because it enhances the living conditions on the site by
providing residential units in downtown. The project enhances the adjacent residential areas because it provides
space for employment and commerce that residences can access easily from surrounding areas.
Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate
construction techniques, and incorporating textures, colors, and other details that are compatible with and
enhance the surrounding area.
The project is consistent with Finding #3 because:
The project has a high aesthetic quality, materials, construction techniques, textures, colors and other details
that are compatible with and enhance the surrounding area. The buildings surrounding the site are comprised of
concrete, stone, glass, brick, and metal and range in height from two to four stories along University Avenue.
Along Kipling Street, buildings consist of cement, stucco, glass and brick structures. The proposed structure is
comprised of high quality glass, concrete and steel design which is similar and representative of the materials
found in the surrounding environment. Further, the materials, textures, and attention to detail in the structure
is consistent throughout each elevation which represents a high quality aesthetic design. Lastly, the project, will
have high quality materials, textures, colors and finishes because it is conditioned to return to the Architectural
Review Board for review and recommendation to the Director of Planning and Community Environment of
exterior building materials, colors and craftsmanship-related detailing associated with the project. Therefore,
the project is consistent with Finding #3 because it consists of a high quality aesthetic design with integrated
materials, textures, colors and other details that are compatible with the surrounding environment.
Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and
providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to
property and utilities, appropriate arrangement and amount of open space and integrated signage, if
applicable, etc.).
The project is consistent with Finding #4 because:
Access to the property and circulation thereon are safe and convenient for all users. The alley provides a
dedicated, separate access point to the project from the street. This will minimize vehicle interactions with other
vehicles as well as pedestrians and cyclists. Further, the traffic study has determined that there is adequate site
distance for exiting the alley onto Kipling Street. The project will incorporate mirrored installations at the
parking garage ingress and egress to improve visibility and reduce conflicts between vehicles and pedestrians
and cyclists. The onsite circulation was reviewed in accordance with generally accepted traffic engineering
standards. Generally, the proposed plan would provide one main drive aisle that would lead to an underground
parking structure. Parking is shown at 90 degrees to the main drive aisle. This drive aisle makes several 90
degree turns to spiral down to the farthest parking spaces. The City parking facility design standards specify a
minimum width of 16 feet for two-way underground ramps; 25 feet for two-way drive aisles lined with 8.5 foot
wide, 90 degree spaces; and maximum slope of 2% adjacent to accessible parking spaces. The proposed project
meets these standards. Further, the project was also found to meet the applicable parking requirements of the
PAMC. Therefore, these features ensure access and circulation thereon are safe and convenient for all users.
Finding #5: The landscape design complements and enhances the building design and its surroundings, is
appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant
plant material capable of providing desirable habitat that can be appropriately maintained.
The project is consistent with Finding #5 because:
The project will preserve existing street trees along University Avenue and will replace two perimeter trees
along Kipling Street with ginkgo biloba. Two other street trees along Kipling Street will be retained. The project
proposes appropriate, drought tolerant, sustainable landscaping in key open space areas that will complement
and enhance the design of these spaces. The landscaping will form a soft edge and perimeter around the ground
floor and terrace area on the third floor. Further, as conditioned, the project is required to return to the
Architectural Review Board for review and recommendation to the Director of Planning and Community
Environment for landscape details and plans for all proposed planting, including individual planters, the
greenwall, and landscaping near the rooftop elevator. Therefore, the landscape design is appropriate and
compatible for the project.
Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy
efficiency, water conservation, building materials, landscaping, and site planning.
The project is consistent with Finding #6 because:
In accordance with the City’s Green Building Regulations, the building will satisfy the requirements for CALGreen
Mandatory + Tier 2.
SECTION 7. Conditions of Approval. The following conditions of approval shall be implemented as
part of the modified project approved by this Record of Land Use Action. Condition numbers 2 and 3 are those
specifically adopted by the City Council to ensure that the modified project is consistent with all applicable
findings.
Planning Division
1. SUBSTANTIAL CONFORMANCE. The plans submitted for a Building Permit shall be in substantial
conformance with plans received on October 26, 2016, hereby labeled as Option 1, containing 24 pages,
except as modified to incorporate the following conditions of approval.
2. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval, including Exhibit A
(MMRP), shall be printed on the second page of the plans submitted for building permit. Project plans
submitted for Building permits shall incorporate the following changes, to the satisfaction of the
Director of Planning and Community Environment:
a. Applicant shall submit detailed plans that demonstrate compliance with floor area and other
applicable development standards.
b. The fourth floor guardrails and planters shall be set back a minimum of five feet from the edge
of the third floor roofline (all elevations), as modified by these conditions.
c. The ‘library’ shown on the third floor, floor plans, at the street corner, shall be removed.
d. The third floor roofline above the removed ‘library’ area shall be removed, except to allow a
three-foot overhang.
e. The elevator adjacent to Kipling Street, inclusive of any associated mechanical equipment, shall
not exceed fifty-four and one-half feet (54.5') in height.
3. BOARD LEVEL ARCHITECTURAL REVIEW: Prior to the issuance of building permits, the applicant shall
return to the ARB for approval of the following items, to the satisfaction of the Director of Planning and
Community Environment:
a. A decorative wall design treatment, feature or element, shall be applied to the exterior walls
immediately adjacent to the southern property line (project’s south elevation) starting at an
elevation equivalent to the building height of the adjacent structure and extending to the
roofline of the proposed building.
b. Landscape details and plans for all proposed planting, including individual planters, the
greenwall, and landscaping near the rooftop elevator.
c. The exterior building materials, colors and craftsmanship-related detailing associated with the
project.
4. Prior to issuance of a building permit, the project applicant shall demonstrate how interior and exterior
lighting sources will be reduced after operating hours or when the use of the facility is reduced. This
may require the use of timing devices for exterior and interior lights in order to minimize light glare at
night without jeopardizing security of employees/residents.
5. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted for review and
approval prior to construction. If during the Building Permit review and construction phase, the project
is modified by the applicant, it is the responsibility of the applicant to contact the Planning
Division/project planner directly to obtain approval of the project modification. It is the applicant’s
responsibility to highlight any proposed changes to the project and to bring it to the project planner’s
attention.
6. DEVELOPMENT IMPACT FEES: Estimated Development Impact Fees in the amount of $312,634.85 plus
the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related
building permit.
7. REQUIRED PUBLIC ART. In conformance with Ordinance No. 5226, and to the satisfaction of the Public
Art Commission, the property owner and/or applicant shall select an artist and received final approval of
the art plan , or pay the in-lieu fee equivalent to 1% of the estimated construction valuation, prior to
issuance of a Building permit. All required artwork shall be installed as approved by the Public Art
Commission and verified by Public Art staff prior to release of the final Use and Occupancy permit. The
Public Art requirements Application information and documents can be found at
www.cityofpaloalto.org/publicart under the “policies and documents” tab.
8. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a
project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed
on a development project must initiate the protest at the time the development project is approved or
conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or
exactions are imposed on the Project. Additionally, procedural requirements for protesting these
development fees, dedications, reservations and exactions are set forth in Government Code Section
66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST
PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM
CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND
EXACTIONS. 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.
9. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the “indemnified parties”) from and against any
claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside or void, any permit or approval authorized hereby for the Project, including (without
limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the
litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own
choice.
10. MITIGATION MONITORING REPORTING PROGRAM (MMRP). The MMRP associated with the project and
attached here as Exhibit A is incorporated by reference and all mitigation measures shall be
implemented as described in said document.
11. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine
substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any
revisions during the building process must be approved by Planning, including but not limited to;
materials, fenestration and hard surface locations. Contact your Project Planner at 650-329-2441 x0 to
schedule this inspection.
12. EXPIRATION. The project approval shall be valid for a period of one year from the original date of
approval. In the event a building permit(s) is not secured for the project within the time limit specified
above, the ARB approval shall expire and be of no further force or effect. Application for extension of
this entitlement may be made prior to the one year expiration.
Building Division
13. The permit application shall be accompanied by all plans and related documents necessary to construct
the complete project.
14. A demolition permit shall be required for the removal of the existing building(s) on site.
15. The entire project is to be included under a single building permit and shall not be phased under
multiple permits.
16. Separate submittals and permits are required for the following systems: E.V., P.V. and Solar Hot Water.
17. Design of building components that are not included in the plans submitted for building permit and are
to be “deferred” shall be limited to as few items as possible. The list of deferred items shall be reviewed
and approved prior to permit application.
18. The plans submitted for the building permit shall include an allowable floor area calculation that relates
the mixed occupancies to type of construction.
19. The plans submitted for the building permit shall include allowable floor area calculations that relate the
proposed occupancies to type of construction. This includes possible future installation of assembly
occupancies such as large conference rooms or cafeterias, for example.
20. An acoustical analysis shall be submitted and the plans shall incorporate the report’s recommendations
needed to comply with the sound transmissions requirements in CBC Section 1207.
Green Building
21. Green Building Ordinance:
a. Commercial Portion - CALGreen Tier 2: The project must meet the California Green Building
Code Tier 2 requirements. Due to the size of the project, the team must engage a commissioning
agent and fulfil on the commissioning requirements. Additional information may be found at
the following link http://www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp. The
new Energy California Energy Code contains significant changes and Palo Alto is currently
enforcing code minimum for the energy code. The details can be found at the following link.
http://www.energy.ca.gov/title24/2013standards/
b. Residential Portion- Green Point Rated: The project is required to achieve Green Point Rated
Certification through Build It Green. The project team must engage a Green Point Rater. The
required minimum points value is 70. The required prerequisite and points associated with
exceeding the code shall be excused. Additional information may be found at the following
linkhttp://www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp
22. EV Parking Ordinance: The project is subject to meet the new Electric Vehicle Parking Ordinance that
requires but is not limited to:
a. Multi-family: One EVSE Ready or EVSE Installed per unit. For guest parking, either conduit only,
EVSE Ready or EVSE Installed shall be provided for 25% of the parking. A minimum of 1 EVSE
Installed for multi-family guest parking shall be provided.
b. Commercial: For commercial parking, either conduit only, EVSE Ready or EVSE Installed shall be
provided for 25% of the parking. A minimum of 1 EVSE Installed for commercial parking shall be
provided.
Urban Forestry
23. STREET TREES: City street trees approved to remain shall be maintained and protected during
construction per City of Palo Alto standard requirements as further described in the City’s Tree
Technical Manual and below:
a. UNIVERSITY AVENUE: Two regulated street trees (London Plane) on University Ave
frontage are to be retained and protected. Protection shall consist of Modified Type III
for the entire trunk and will include primary branches on the building side. Prior to any
clearance/pruning, the project applicant shall:
i. Submit a written Tree Care Application to Dorothy.dale@cityofpaloalto.org,
ii. Receive approval of said Tree Care Application, and
iii. Shall coordinate with Urban Forestry for direct supervision by staff of private
tree contractor.
b. KIPLING STREET: Four trees in the right of way are approved for removal. Four
replacement trees shall be installed, Ginkgo biloba ‘Autumn Gold’, Maidenhair, 36-inch
box size, in 5’x5’ Kiva tree grates, two irrigation bubblers per tree (PW Standard Detail #
603a and 513). A certified arborist for the applicant shall evaluate/select matching trees
for quality. Contractor shall coordinate an Urban Forestry inspection of the new trees,
before they are planted in the ground.
i. SIDEWALK BASE MEDIUM: As a root growing medium between the curb and
building face, Silva Cell technology or approved equal, shall be designed as a
suspended sidewalk element and provide low compaction area for long term
root growth. A certified arborist for the applicant shall calculate how many cubic
feet of soil and Silva cell material will be needed for each tree, for approval by
the Urban Forester.
24. All landscape material shall be well maintained for the life of the project and replaced if it fails.
Public Works Engineering Department
PRIOR TO BUILDING PERMIT AND GRADING AND EXCAVATION PERMIT SUBMITTAL:
25. CERTIFICATE OF COMPLIANCE: The applicant has revised the project description to indicate that she is
no longer pursuing the development of condominiums. Since the project site is located within two
parcels 120-15-029 and 120-15-028 a certificate of compliance for a lot merger is required. Applicant
shall apply for a certificate of compliance and provide the necessary documents. Certificate of
Compliance shall be recorded prior to issuance of a building or grading and excavation permit.
PRIOR TO ISSUANCE OF A DEMOLITION PERMIT:
26. LOGISTICS PLAN: The applicant and contractor shall submit a construction logistics plan to the Public
Works Department that addresses all impacts to the City’s right-of-way, including, but not limited to:
construction fence, construction entrance, stockpile areas, office trailer, temporary bathroom, measures
for dewatering if needed, pedestrian control, traffic control, truck routes, material deliveries,
contractor’s parking, on-site staging and storage areas, concrete pours, crane lifts, work hours, noise
control, dust control, storm water pollution prevention, contractor’s contact. The plan shall be prepared
and submitted along the Rough Grading and Excavation Permit. It shall include notes as indicated on the
approved Truck Route Map for construction traffic to and from the site. Plan shall also indicate if the bus
stop will need to be relocated.
27. Applicant shall schedule a meeting with Public Works Engineering and Transportation Division to discuss
the existing building demolition, excavation and building construction logistics. Construction fence shall
be located at the building property line, travel lane closures will not be permitted. Applicant shall
propose a logistics plan that shows how pedestrian access is maintained and eliminating the least
number of parking spaces during construction.
PRIOR TO ISSUANCE OF EXCAVATION AND GRADING PERMIT:
28. GRADING PERMIT: An Excavation and Grading Permit is required for grading activities on private
property that fill, excavate, store or dispose of 100 cubic yards or more based on PAMC Section
16.28.060. Applicant shall prepare and submit an excavation and grading permit to Public Works
separately from the building permit set. The permit application and instructions are available at the
Development Center and on our website:
http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp
29. ROUGH GRADING: provide a Rough Grading Plan for the work proposed as part of the Grading and
Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation,
basement elevation, elevator pit elevation, ground monitoring wells, shoring for the proposed
basement, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill),
temporary shoring for any existing facilities, ramps for the basement access, crane locations (if any), etc.
Plans submitted for the Grading and Excavation Permit, shall be stand-alone, and therefore the plans
shall include any conditions from other divisions that pertain to items encountered during rough grading
for example if contaminated groundwater is encountered and dewatering is expected, provide notes on
the plans based Water Quality’s conditions of approval. Provide a note on the plans to direct the
contractor to the approve City of Palo Alto Truck Route Map, which is available on the City’s website.
30. BASEMENT SHORING: Provide shoring plans for the basement excavation, clearly including tiebacks (if
any). Tieback shall not extend onto adjacent private property or into the City’s right-of-way without
having first obtained written permission from the private property owners and/or an encroachment
permit from Public Works. During the ARB process and via email dated 9/25/14 the applicant indicated
that the tiebacks will extend into the adjacent private property. As such provide a letter from the
neighboring property owner to allow the encroachment of permanent tiebacks into their property. In
addition the shoring plans shall clearly show the property line and the dimension between the outside
edge of the soldier piles and the property line for City records. Also provide notes on the Shoring Plans
for the “Contractor to cut-off the shoring 6-feet below the sidewalk elevation.” AND “Contractor shall
submit and obtain a permanent encroachment permit from Public Works for the tiebacks and shoring
located within public right-of-way.
31. DEWATERING: Basement excavation may require dewatering during construction. Public Works only
allows groundwater drawdown well dewatering. Open pit groundwater dewatering is not allowed.
Dewatering is only allowed from April through October due to inadequate capacity in our storm drain
system. The geotechnical report for this site must list the highest anticipated groundwater level. We
recommend that a piezometer be installed in the soil boring. The contractor shall determine the depth
to groundwater immediately prior to excavation by using a piezometer or by drilling an exploratory hole
if the deepest excavation will be within 3 feet of the highest anticipated groundwater level. If
groundwater is found within 2 feet of the deepest excavation, a drawdown well dewatering system
must be used, or alternatively, the contractor can excavate for the basement and hope not to hit
groundwater, but if he does, he must immediately stop all work and install a drawdown well system
before he continues to excavate. Based on the determined groundwater depth and season the
contractor may be required to dewater the site or stop all grading and excavation work. In addition
Public Works may require that all groundwater be tested for contaminants prior to initial discharge and
at intervals during dewatering. If testing is required, the contractor must retain an independent testing
firm to test the discharge water for contaminants Public Works specifies and submit the results to Public
Works.
Public Works reviews and approves dewatering plans as part of a Street Work Permit. The applicant can
include a dewatering plan in the building permit plan set in order to obtain approval of the plan during
the building permit review, but the contractor will still be required to obtain a street work permit prior
to dewatering. The street work permit to dewater must be obtained in August to allow ample to time to
dewater and complete the dewatering by October 31st. Alternatively, the applicant must include the
above dewatering requirements in a note on the site plan. Public Works has a sample dewatering plan
sheet and dewatering guidelines available at the Development Center and on our website:
http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp
The following links are included to assist the applicant with dewatering requirements:
http://www.cityofpaloalto.org/civicax/filebank/documents/30978
http://www.cityofpaloalto.org/civicax/filebank/documents/51366
http://www.cityofpaloalto.org/civicax/filebank/documents/47388.
32. WATER FILLING STATION: Applicant shall install a water station for the non-potable reuse of the
dewatering water. This water station shall be constructed within private property, next to the right-of-
way, (typically, behind the sidewalk). The station shall be accessible 24 hours a day for the filling of
water carrying vehicles (i.e. street sweepers, etc.). The water station may also be used for onsite dust
control. Before a discharge permit can be issued, the water supply station shall be installed, ready for
operational and inspected by Public Works. The groundwater will also need to be tested for
contaminants and chemical properties for the non-potable use. The discharge permit cannot be issued
until the test results are received. Additional information regarding the station will be made available on
the City’s website under Public Works.
33. GROUNDWATER USE PLAN: A Groundwater Use Plan (GWUP) shall be submitted for review for any
project which requires dewatering. The GWUP, a narrative that shall be included in or accompany the
Dewatering Plan, must demonstrate the highest beneficial use practicable of the pumped
groundwater. The GWUP shall also state that all onsite, non-potable water needs such as dust control
shall be met by using the pumped groundwater. Delays in submitting the GWUP can result in delays in
the issuance of your discharge permit as Public Works requires sufficient review time which shall be
expected by the applicant.
34. GEOTECHNICAL REPORT: Shall clearly identify the highest projected groundwater level to be
encountered in the area of the proposed basement in the future will be ______ feet below existing
grade. Provide a note on the Rough Grading Plan that includes the comment above as a note.
35. GAS METERS: In-ground gas meters are not typically allowed by Public Works Utilities. If in-ground gas
meters are not allowed, the above ground gas meter shall be located complete within private property.
Plot and label the proposed location. If in-ground gas meters are permitted, applicant shall submit an
email from Utilities that indicates in-ground gas meters are acceptable for this project.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
36. MAPPING: Applicant has revised the project description to indicate that she is no longer pursuing the
development of condominiums. If at any point the applicant intends to sell portions of the building a
Minor or Major Subdivision Application will be required. Public Works’ Tentative Maps and Preliminary
Parcel Maps checklist must accompany the completed application. All existing and proposed
dedications and easements must be shown on the submitted map. The map would trigger further
requirements from Public Works, see Palo Alto Municipal Code section 21.12 for Preliminary Parcel Map
requirements and section 21.16 for Parcel Map requirements.
37. OFFSITE IMPROVEMENT PLANS: Prior to submittal of Building and/or Grading permit applicant shall
meet with Public Works to discuss off-site improvements. These may include but are not limited to new
concrete or asphalt work, utility upgrades or relocations, and/or street resurfacing.
38. The following items were not addressed through the final ARB submittal and shall be shown on the
plans.
a. Explain how all of the site runoff will drain directly into the media filter. The media filter shall be
located complete with the private property as shown on the approve ARB plans. The details
provided indicate that the media filter is to be installed below ground and discharge would need
to be pumped to the surface. However that is not reflected on the Utility Plan.
b. Plot and label the total the number of disconnected downspouts. The civil has indicated that the
downspouts runoff will drain into the media filter, but it’s not clear on the plans how this will be
accomplished.
c. The site plan shall demonstrate how the runoff from the MFS flows by gravity into the gutter,
provide pipe inverts and flowline grades. If a new separate structure is required to allow runoff
to flow by gravity into the gutter or reduce the velocity, then the structure shall be located
completely within the private property. The 4th and 5th resubmittal ARB plans show a junction
box within the public right of way, this box shall be located completely within the private
property.
d. The 5th submittal shows a planter box adjacent to the alley and the MFS has been relocated to
be within this planter boxes. The plans submitted lack information, show how the roof runoff is
directed into the mechanical treatment facility. Plot and label the pump, drain lines,
downspouts. Show how all of the site runoff is treated by the proposed MFS.
e. It’s not clear if the planter box is intended to provide C3 treatment. If LID treatment is proposed
provide the surface drainage areas and calculations.
f. Resize the new planter box to allow the junction box to be within the private property and
behind the Kipling Street sidewalk. The planter box and planting material shall be revised to
meet the 4-ft by 6-ft clear site distance and height clearance. In addition the planter box shall be
located 1-foot minimum away from the adjacent alley.
39. GRADING AND DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a
licensed professional that includes existing and proposed spot elevations, earthwork volumes, finished
floor elevations at every at grade door entrance, area drain and bubbler locations, drainage flow arrows
to demonstrate proper drainage of the site. See Palo Alto Municipal Code Section 16.28 Adjacent grades
must slope away from the building foundation at minimum of 2% or 5% for 10-feet per 2013 CBC Section
1804.3. Downspouts and splashblocks should be shown on this plan, as well as any site drainage
features such as swales. Grading will not be allowed that increases drainage onto, or blocks existing
drainage from, neighboring properties. Public Works generally does not allow rainwater to be collected
and discharged into the street gutter or connected directly to the City’s infrastructure, but encourages
the developer to keep rainwater onsite as much as feasible by directing runoff to landscape and other
pervious areas of the site. Plan shall also include a drainage system as required for all uncovered
exterior basement-level spaces such as lightwell, stairwells or driveway ramps.
40. BASEMENT DRAINAGE: Due to high groundwater throughout much of the City and Public Works
prohibiting the pumping and discharging of groundwater, perforated pipe drainage systems at the
exterior of the basement walls or under the slab are not allowed for this site. A drainage system is,
however, required for all exterior basement-level spaces, such as lightwells, patios or stairwells. This
system consists of a sump, a sump pump, a backflow preventer, and a closed pipe from the pump to a
dissipation device onsite at least 10-feet from the property line, such as a bubbler box in a landscaped
area, so that water can percolate into the soil and/or sheet flow across the site. The device must not
allow stagnant water that could become mosquito habitat. Additionally, the plans must show that
exterior basement-level spaces are at least 7-3/4” below any adjacent windowsills or doorsills to
minimize the potential for flooding the basement. Public Works recommends a waterproofing
consultant be retained to design and inspect the vapor barrier and waterproofing systems for the
basement.
41. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of
impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed
impervious surface areas with the building permit application. The Impervious Area Worksheet for Land
Developments form and instructions are available at the Development Center or on our website.
42. STORM WATER POLLUTION PREVENTION: The City's full-sized "Pollution Prevention - It's Part of the
Plan" sheet must be included in the plan set. The sheet is available here:
http://www.cityofpaloalto.org/civicax/filebank/documents/2732
43. STORM WATER TREATMENT: This project shall comply with the storm water regulations contained in
provision C.3 of the NPDES municipal storm water discharge permit issued by the San Francisco Bay
Regional Water Quality Control Board (and incorporated into Palo Alto Municipal Code Chapter 16.11).
These regulations apply to land development projects that create or replace 10,000 square feet or more
of impervious surface, and restaurants, retail gasoline outlets, auto service facilities, and uncovered
parking lots that create and/or replace 5,000 square feet or more of impervious surface. In order to
address the potential permanent impacts of the project on storm water quality, the applicant shall
incorporate into the project a set of permanent site design measures, source controls, and treatment
controls that serve to protect storm water quality, subject to the approval of the Public Works
Department. The applicant shall identify, size, design and incorporate permanent storm water pollution
prevention measures (preferably landscape-based treatment controls such as bioswales, filter strips,
and permeable pavement rather than mechanical devices that require long-term maintenance) to treat
the runoff from a “water quality storm” specified in PAMC Chapter 16.11 prior to discharge to the
municipal storm drain system. Effective February 10, 2011, regulated projects, must contract with a
qualified third-party reviewer during the building permit review process to certify that the proposed
permanent storm water pollution prevention measures comply with the requirements of Palo Alto
Municipal Code Chapter 16.11. The certification form, 2 copies of approved storm water treatment
plan, and a description of Maintenance Task and Schedule must be received by the City from the third-
party reviewer prior to approval of the building permit by the Public Works department. Within 45 days
of the installation of the required storm water treatment measures and prior to the issuance of an
occupancy permit for the building, third-party reviewer shall also submit to the City a certification for
approval.
44. UTILITY PLAN: shall be provided with the Building Permit that demonstrates how the site’s drainage
flows by gravity into the City’s system and is not pumped. Public Works generally does not allow
downspout rainwater to be collected, piped and discharged directly into the street gutter or connect
directly to the City’s infrastructure. The utility plan shall indicate that downspouts are disconnected,
daylight at grade, and are directed to landscaped and other pervious areas onsite. Downspouts shall
daylight away from the foundation.
If pumps are required, plot and label where the pumps will be located on-site, storm water runoff from
pumped system shall daylight onto onsite landscaped areas and be allow to infiltrate and flow by gravity
to the public storm drain line. Storm water runoff that is pumped shall not be directly piped into the
public storm drain line.
45. TRANSFORMER AND UTILITIES: Applicant shall be aware that the project may trigger water line and
meter upgrades or relocation, if upgrades or relocation are required, the building permit plan set shall
plot and label utility changes. The backflow preventer, and above grade meters shall be located within
private property and plotted on the plans. Similarly if a transformer upgrade or a grease interceptor is
required it shall also be located within the private property.
46. WORK IN THE RIGHT-OF-WAY: The plans must clearly indicate any work that is proposed in the public
right-of-way, such as sidewalk replacement, driveway approach, or utility laterals. The plans must
include notes that the work must be done per City standards and that the contractor performing this
work must first obtain a Street Work Permit from Public Works at the Development Center. This project
may be required to replace the driveway approach the sidewalk associated with the existing driveway
may be required to replaced with a thickened (6” thick instead of the standard 4” thick) section.
47. SIDEWALK ENCROACHMENT: Add a note to the site plan that says, “The contractor using the city
sidewalk to work on an adjacent private building must do so in a manner that is safe for pedestrians
using the sidewalk. Pedestrian protection must be provided per the 2013 California Building Code
Chapter 32 requirements. If the height of construction is 8 feet or less, the contractor must place
construction railings sufficient to direct pedestrians around construction areas. If the height of
construction is more than 8 feet, the contractor must obtain an encroachment permit from Public Works
at the Development Center in order to provide a barrier and covered walkway. The contractor must
apply to Public Works for an encroachment permit to close or occupy the sidewalk(s) or lane.”
48. SIDEWALK, CURB & GUTTER: As part of this project, the applicant must replace all of the existing
sidewalks, ramps, curbs, gutters or driveway approaches in the public right-of-way along the frontage(s)
of the property. Applicant shall be responsible for replacing the two ramps immediately across the
street from the project site. Applicant shall meet with Public Works and Transportation to discuss the
potential for adding a bulb-out along the University Avenue side to widen the sidewalk. If construction
of the new ramps and/or sidewalk results in a conflict with utilities or traffic signal than applicant will be
responsible for adjusting to grade or relocating conflict and to bring the improvements to current
designs standards. The site plan and grading and drainage plan submitted with the building permit plan
set must show the extent of the replacement work. Provide references to the specific City’s Standard
Drawings and Specification. The plan must note that any work in the right-of-way must be done per
Public Works’ standards by a licensed contractor who must first obtain a Street Work Permit from Public
Works at the Development Center.
49. RESURFACING: The applicant is required to resurface (grind and overlay) the entire width of the street
on University Avenue and Kipling Street frontages adjacent to the project. In addition this project is
required to resurface the full width of the Lane along the project frontage. Note that the base material
for these 3 streets varies. Thermoplastic striping of the street(s) will be required after resurfacing.
Include an off-site plan that shows the existing signage and striping that is to be replaces as part of this
project and for the contractor’s use.
50. DEMOLITION PLAN: Place the following note adjacent to an affected tree on the Site Plan and
Demolition Plan: “Excavation activities associated with the proposed scope of work shall occur no closer
than 10-feet from the existing street tree, or as approved by the Urban Forestry Division contact 650-
496-5953. Any changes shall be approved by the same”.
51. STREET TREES: The applicant may be required to replace existing and/or add new street trees in the
public right-of-way along the property’s frontage(s). Call the Public Works’ arborist at 650-496-5953 to
arrange a site visit so he can determine what street tree work, if any, will be required for this project.
The site plan submitted with the building permit plan set must show the street tree work that the
arborist has determined, including the tree species, size, location, staking and irrigation requirements,
or include a note that Public Works’ arborist has determined no street tree work is required. The plan
must note that in order to do street tree work, the applicant must first obtain a Permit for Street Tree
Work in the Public Right-of-Way from Public Works’ arborist (650-496-5953).
52. GARBAGE/TRASH RECEPTACLES: The plans provided for preliminary review do not include the existing
garbage/trash receptacle along University Avenue. This shall be shown on the Building permit plans and
remain in its location for as long as possible during construction. If construction activities require the
temporary removal of the receptacle, the contractor may remove during that construction activity but
must place it back as soon as those activities have been completed. Prior to doing so, the contractor
must notify the public works department to determine if Public Works Operations should pick it up for
storage during that time.
53. ADJACENT NEIGHBORS: For any improvements that extend beyond the property lines such as tie-backs
for the basement or construction access provide signed copies of the original agreements with the
adjacent property owners. The agreements shall indicate that the adjacent property owners have
reviewed and approved the proposed improvements (such as soldier beams, tiebacks) that extend into
their respective properties
54. “NO DUMPING” LOGO: The applicant is required to paint the “No Dumping/Flows to San Franscisquito
Creek” logo in blue color on a white background, adjacent to all onsite storm drain inlets. Stencils of the
logo are available from the Public Works Environmental Compliance Division, which may be contacted at
(650) 329-2598. A deposit may be required to secure the return of the stencil. Include the instruction to
paint the logos on the construction grading and drainage plan. Similar medallions shall be installed near
the catch basins that are proposed to be relocated. Provide notes on the plans to reference that
medallions and stencils.
55. OIL/WATER SEPARATOR: Parking garage floor drains on interior levels shall be connected to an oil/water
separator prior to discharging to the sanitary sewer system. The oil/water separator shall be located
within private property.
56. GREASE INTERCEPTOR: If a commercial kitchen is proposed requiring the installation of a grease
interceptor, the grease separator shall be installed and located within private property. In no case shall
the City of Palo Alto allow the right-of-way (ROW) to be used to satisfy this requirement.
PRIOR TO BUILDING PERMIT FINAL:
57. STORM WATER TREATMENT: At the time of installation of the required storm water treatment measures
and prior to the issuance of any occupancy permit, a third-party reviewer shall also submit to the City a
certification for approval that the project’s permanent measures were constructed and installed in
accordance to the approved permit drawings.
58. STORMWATER MAINTENANCE AGREEMENT: The applicant shall designate a party to maintain the
control measures for the life of the improvements and must enter into a maintenance agreement with
the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance
measures. The maintenance agreement shall be executed prior to the first building occupancy sign-off.
The City will inspect the treatment measures yearly and charge an inspection fee. There is currently a
$381 (FY 2015) C.3 plan check fee that will be collected upon submittal for a grading or building permit.
59. Contractor and/or Applicant shall prepare and submit an electronic (pdf) copy of the Off-Site
Improvements As-Built set of plans to Public Works for the City’s records. The as-built set shall include
all the improvements within the public road right-of-way and include items such as: shoring piles,
tiebacks, public storm drain improvements, traffic signs, street trees, location of any vaults or boxes, and
any other item that was installed as part of this project.
60. Contractor shall submit and obtain an Encroachment permit for the permanent structures (shoring and
tiebacks) that were installed within the public road right-of-way.
Fire Department
61. Residential sprinklers to be designed per NFPA 13. Fire sprinklers and fire alarm systems and standpipes
required in accordance with NFPA 13, NFPA14, NFPA 24, NFPA 72 and State and local standards.
Sprinkler, fire alarm and underground fire supply installations require separate submittal to the Fire
Prevention Bureau.
62. Sprinkler main drain must be coordinated with plumbing design so that 200 gpm can be flowed for
annual main drain testing for 90 seconds without overflowing the collection sump, and the Utilities
Department approved ejector pumps will be the maximum flow rate to sanitary sewer.
63. Applicant shall work with Utilities Department to provide acceptable backflow prevention configuration.
64. All floor levels in multi-story buildings must be served by an elevator capable of accommodating a 24 x
84 inch gurney without lifting or manipulating the gurney.
65. All welding or other hot work during construction shall be under a permit obtained from the Palo Alto
Fire Department with proper notification and documentation of procedures followed and work
conducted.
66. Low-E glass and underground parking areas can interfere with portable radios used by emergency
responders. Please provide an RF Engineering analysis to determine if additional devices or equipment
will be needed to maintain operability of emergency responder portable radios throughout 97% of the
multi-family buildings in accordance with the Fire Code Appendix J as adopted by the City of Palo Alto. A
written report to the Fire Marshal shall be provided prior to final inspection.
Utilities Electrical Engineering
GENERAL:
67. The applicant shall comply with all the Electric Utility Engineering Department service requirements
noted during plan review.
68. The applicant shall be responsible for identification and location of all utilities, both public and private,
within the work area. Prior to any excavation work at the site, the applicant shall contact Underground
Service Alert (USA) at 1-800-227-2600, at least 48 hours prior to beginning work.
69. The applicant shall submit a request to disconnect all existing utility services and/or meters including a
signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be
disconnected or removed within 10 working days after receipt of request. The demolition permit will be
issued after all utility services and/or meters have been disconnected and removed.
THE FOLLOWING SHALL BE INCORPORATED IN SUBMITTALS FOR ELECTRIC SERVICE:
70. A completed Electric Load Sheet and a full set of plans must be included with all applications involving
electrical work. The load sheet must be included with the preliminary submittal.
71. Industrial and large commercial customers must allow sufficient lead-time for Electric Utility Engineering
and Operations (typically 8-12 weeks after advance engineering fees have been paid) to design and
construct the electric service requested.
72. Only one electric service lateral is permitted per parcel. Utilities Rule & Regulation #18.
73. This project requires a padmount transformer. The location of the transformer shall be shown on the
site plan and approved by the Utilities Department and the Architectural Review Board. Utilities Rule &
Regulations #3 & #16.
74. The developer/owner shall provide space for installing padmount equipment (i.e. transformers,
switches, and interrupters) and associated substructure as required by the City.
75. The customer shall install all electrical substructures (conduits, boxes and pads) required from the
service point to the customer’s switchgear. The design and installation shall be according to the City
standards and shown on plans. Utilities Rule & Regulations #16 & #18.
76. Location of the electric panel/switchboard shall be shown on the site plan and approved by the
Architectural Review Board and Utilities Department.
77. All utility meters, lines, transformers, backflow preventers, and any other required equipment shall be
shown on the landscape and irrigation plans and shall show that no conflict will occur between the
utilities and landscape materials. In addition, all aboveground equipment shall be screened in a manner
that is consistent with the building design and setback requirements.
78. For services larger than 1600 amps, the customer will be required to provide a transition cabinet as the
interconnection point between the utility’s padmount transformer and the customer’s main switchgear.
The cabinet design drawings must be submitted to the Electric Utility Engineering Department for
review and approval.
79. For underground services, no more than four (4) 750 MCM conductors per phase can be connected to
the transformer secondary terminals; otherwise, bus duct must be used for connections to padmount
transformers. If customer installs a bus duct directly between the transformer secondary terminals and
the main switchgear, the installation of a transition cabinet will not be required.
80. The customer is responsible for sizing the service conductors and other required equipment according to
the National Electric Code requirements and the City standards. Utilities Rule & Regulation #18.
81. If the customer’s total load exceeds 2500 kVA, service shall be provided at the primary voltage of 12,470
volts and the customer shall provide the high voltage switchgear and transformers.
82. For primary services, the standard service protection is a padmount fault interrupter owned an
maintained by the City, installed at the customer’s expense. The customer must provide and install the
pad and associated substructure required for the fault interrupter.
83. Any additional facilities and services requested by the Applicant that are beyond what the utility deems
standard facilities will be subject to Special Facilities charges. The Special Facilities charges include the
cost of installing the additional facilities as well as the cost of ownership. Utilities Rule & Regulation #20.
84. Projects that require the extension of high voltage primary distribution lines or reinforcement of offsite
electric facilities will be at the customer’s expense and must be coordinated with the Electric Utility.
DURING CONSTRUCTION:
85. Contractors and developers shall obtain permit from the Department of Public Works before digging in
the street right-of-way. This includes sidewalks, driveways and planter strips.
86. At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert
(USA) at 1-800-227-2600 to have existing underground utilities located and marked. The areas to be
check by USA shall be delineated with white paint. All USA markings shall be removed by the customer
or contractor when construction is complete.
87. The customer is responsible for installing all on-site substructures (conduits, boxes and pads) required
for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All
conduits must be sized according to National Electric Code requirements and no 1/2 – inch size conduits
are permitted. All off-site substructure work will be constructed by the City at the customer’s expense.
Where mutually agreed upon by the City and the Applicant, all or part of the off-site substructure work
may be constructed by the Applicant.
88. All primary electric conduits shall be concrete encased with the top of the encasement at the depth of
30 inches. No more than 180 degrees of bends are allowed in a primary conduit run. Conduit runs over
500 feet in length require additional pull boxes.
89. All new underground conduits and substructures shall be installed per City standards and shall be
inspected by the Electrical Underground Inspector before backfilling.
90. The customer is responsible for installing all underground electric service conductors, bus duct,
transition cabinets, and other required equipment. The installation shall meet the National Electric
Code and the City Standards.
91. Meter and switchboard requirements shall be in accordance with Electric Utility Service Equipment
Requirements Committee (EUSERC) drawings accepted by Utility and CPA standards for meter
installations.
92. Shop/factory drawings for switchboards (400A and greater) and associated hardware must be submitted
for review and approval prior to installing the switchgear to:
Gopal Jagannath, P.E.
Supervising Electric Project Engineer
Utilities Engineering (Electrical)
1007 Elwell Court
Palo Alto, CA 94303
93. Catalog cut sheets may not be substituted for factory drawing submittal.
94. All new underground electric services shall be inspected and approved by both the Building Inspection
Division and the Electrical Underground Inspector before energizing.
AFTER CONSTRUCTION & PRIOR TO FINALIZATION:
95. The customer shall provide as-built drawings showing the location of all switchboards, conduits (number
and size), conductors (number and size), splice boxes, vaults and switch/transformer pads.
PRIOR TO ISSUANCE OF BUILDING OCCUPANCY PERMIT:
96. The applicant shall secure a Public Utilities Easement for facilities installed on private property for City
use.
97. All required inspections have been completed and approved by both the Building Inspection Division
and the Electrical Underground Inspector.
98. All Special Facilities contracts or other agreements need to be signed by the City and applicant.
ADDITIONAL COMMENTS:
99. The following conditions apply to three-phase service and any service over 400 amperes:
a. A padmount transformer is required.
b. The Utilities Director, or his/her designee, may authorize the installation of submersible or vault
installed facilities if in their opinion, padmounted equipment would not be feasible or practical.
c. Submersible or vault installed facilities shall be considered Special Facilities as described in Rule and
Regulation 20, and all costs associated with the installation, including continuing ownership and
maintenance, will be borne by the applicant (see Rule and Regulation 3 for details).
d. The customer must provide adequate space for installation, or reimburse the Utility for additional
costs to locate the transformer outside the property boundaries.
All service equipment must be located above grade level unless otherwise approved by Electric Engineering.
Utilities Water Gas Wastewater Department
PRIOR TO ISSUANCE OF DEMOLITION PERMIT:
100. Prior to demolition, the applicant shall submit the existing water/wastewater fixture unit loads (and
building as-built plans to verify the existing loads) to determine the capacity fee credit for the existing
load. If the applicant does not submit loads and plans they may not receive credit for the existing
water/wastewater fixtures.
101. The applicant shall submit a request to disconnect all utility services and/or meters including a signed
affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of
request. The demolition permit will be issued by the building inspection division after all utility services
and/or meters have been disconnected and removed.
FOR BUILDING PERMIT:
102. The applicant shall submit completed water-gas-wastewater service connection applications - load
sheets for City of Palo Alto Utilities for each unit or place of business. The applicant must provide all the
information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and
sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and
the combined/total loads (the new loads plus any existing loads to remain).
103. 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.
104. The applicant must show on the site plan the existence of any auxiliary water supply (i.e. water well,
gray water, recycled water, rain catchment, water storage tank, etc).
105. 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.
106. The applicant’s engineer shall submit flow calculations and system capacity study showing that the on-
site and off-site water and sanitary sewer mains and services will provide the domestic, irrigation, fire
flows, and wastewater capacity needed to service the development and adjacent properties during
anticipated peak floor demands. Field testing may be required to determine current flows and water
pressures on existing water main. Calculations must be signed and stamped by a registered civil
engineer. The applicant is required to perform, at his/her expense, a flow monitoring study of the
existing sewer main to determine the remaining capacity. The report must include existing peak flows or
depth of flow based on a minimum monitoring period of seven continuous days or as determined by the
senior wastewater engineer. The study shall meet the requirements and the approval of the WGW
engineering section. No downstream overloading of existing sewer main will be permitted.
107. For contractor installed water and wastewater mains or services, the applicant shall submit to the WGW
engineering section of the Utilities Department four copies of the installation of public water, gas and
wastewater utilities improvement plans (the portion to be owned and maintained by the City) in
accordance with the utilities department design criteria. All utility work within the public right-of-way
shall be clearly shown on the plans that are prepared, signed and stamped by a registered civil engineer.
The contractor shall also submit a complete schedule of work, method of construction and the
manufacture's literature on the materials to be used for approval by the utilities engineering section.
The applicant's contractor will not be allowed to begin work until the improvement plan and other
submittals have been approved by the water, gas and wastewater engineering section. After the work is
complete but prior to sign off, the applicant shall provide record drawings (as-builts) of the contractor
installed water and wastewater mains and services per City of Palo Alto Utilities’ record drawing
procedures. For contractor installed services the contractor shall install 3M marker balls at each water
or wastewater service tap to the main and at the City clean out for wastewater laterals.
108. 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.
109. An approved reduced pressure detector assembly is required for the existing or new water connection
for the fire system to comply with requirements of California administrative code, title 17, sections 7583
through 7605 inclusive (a double detector assembly may be allowed for existing fire sprinkler systems
upon the CPAU’s approval). Reduced pressure detector assemblies shall be installed on the owner's
property adjacent to the property line, within 5’ of the property line. Show the location of the reduced
pressure detector assembly on the plans.
110. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the
utilities cross connection inspector is required for the supply pipe between the meter and the assembly.
111. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s
expense.
112. Existing wastewater main is 5.4” PE on Kipling Street. (sewer lateral to be 4”)
113. Existing water services (including fire services) that are not a currently standard material shall be
replaced at the applicant’s expense.
114. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or
added demand on existing services. The approved relocation of services, meters, hydrants, or other
facilities will be performed at the cost of the person/entity requesting the relocation.
115. Each unit or place of business shall have its own water and gas meter shown on the plans. Each parcel
shall have its own water service, gas service and sewer lateral connection shown on the plans.
116. A separate water meter and backflow preventer is required to irrigate the approved landscape plan.
Show the location of the irrigation meter on the plans. This meter shall be designated as an irrigation
account and no other water service will be billed on the account. The irrigation and landscape plans
submitted with the application for a grading or building permit shall conform to the City of Palo Alto
water efficiency standards.
117. A new water service line installation for domestic usage is required. For service connection of 4-inch
through 8-inch sizes, the applicant’s contractor must provide and install a concrete vault with meter
reading lid covers for water meter and other required control equipment in accordance with the utilities
standard detail. Show the location of the new water service and meter on the plans.
118. A new water service line installation for irrigation usage may require. Show the location of the new
water service and meter on the plans.
119. A new water service line installation for fire system usage is required. Show the location of the new
water service on the plans. The applicant shall provide to the Engineering Department a copy of the
plans for fire system including all Fire Department’s requirements. Please see a fire/domestic
combination service connection for your provide- see City of Palo Alto standard WD-11.
120. A new gas service line installation is required. Show the new gas meter location on the plans. The gas
meter location must conform with utilities standard details. Gas meter to be installed above ground.
121. A new sewer lateral installation per lot is required. Show the location of the new sewer lateral on the
plans.
122. All existing water and wastewater services that will not be reused shall be abandoned at the main per
WGW utilities procedures.
123. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over
existing water, gas or wastewater mains/services. Maintain 1’ horizontal clear separation from the
vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing
utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field
conditions. Trees may not be planted within 10 feet of existing water, gas or wastewater mains/services
or meters. New water, gas or wastewater services/meters may not be installed within 10’ or existing
trees. Maintain 10’ between new trees and new water, gas and wastewater services/mains/meters.
124. To install new gas service by directional boring, the applicant is required to have a sewer cleanout at the
front of the building. This cleanout is required so the sewer lateral can be videoed for verification of no
damage after the gas service is installed by directional boring.
125. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas &
wastewater.
126. All WGW utilities work on University Avenue is 1.5 times the stated fee due to traffic; existing conditions
require the work to be done outside of regular work hours.
Zero Waste/ Solid Waste
PRIOR TO ISSUANCE OF A BUILDING PERMIT
127. Provide a garbage and recycling chute for the residential unit with either an additional chute or a bin
space for compostables on the residential floor.
128. SERVICE LEVELS: Without a restaurant: the enclosure should be sized for 3-yard garbage bin, 4-yard
recycling bin, 1-yard compostables bin; with a restaurant: With a restaurant: 3-yard garbage bin, 4-yard
recycling bin, 2-yard compostables bin.
129. TRASH DISPOSAL AND RECYCLING (PAMC 18.23.020): (A) Assure that development provides adequate
and accessible interior areas or exterior enclosures for the storage of trash and recyclable materials in
appropriate containers, and that trash disposal and recycling areas are located as far from abutting
residences as is reasonably possible. (B) Requirements: (i) Trash disposal and recyclable areas shall be
accessible to all residents or users of the property. (ii) Recycling facilities shall be located, sized, and
designed to encourage and facilitate convenient use. (iii) Trash disposal and recyclable areas shall be
screened from public view by masonry or other opaque and durable material, and shall be enclosed and
covered. Gates or other controlled access shall be provided where feasible. Chain link enclosures are
strongly discouraged. (iv) Trash disposal and recycling structures shall be architecturally compatible with
the design of the project. (v) The design, construction and accessibility of recycling areas and enclosures
shall be subject to approval by the architectural review board, in accordance with design guidelines
adopted by that board and approved by the city council pursuant to Section 18.76.020.
130. RECYCLING STORAGE DESIGN REQUIREMENTS (PAMC 5.20.120): The design of any new, substantially
remodeled, or expanded building or other facility shall provide for proper storage, handling, and
accessibility which will accommodate the solid waste and recyclable materials loading anticipated and
which will allow for the efficient and safe collection. The design shall comply with the applicable
provisions of Sections 18.22.100, 18.24.100, 18.26.100, 18.32.080, 18.37.080, 18.41.080, 18.43.080,
18.45.080, 18.49.140, 18.55.080, 18.60.080, and 18.68.170 of Title 18 of this code.
131. SERVICE REQUIREMENTS: (a) Collection vehicle access (vertical clearance, street width and turnaround
space) and street parking are common issues pertaining to new developments. Adequate space must be
provided for vehicle access. (b) Weight limit for all drivable areas to be accessed by the solid waste
vehicles (roads, driveways, pads) must be rated to 60,000 lbs. This includes areas where permeable
pavement is used. (c) Containers must be within 25 feet of service area or charges will apply. (d) Carts
and bins must be able to roll without obstacles or curbs to reach service areas "no jumping curbs”.
132. GARBAGE, RECYCLING, AND YARD WASTE/COMPOSTABLES CART/ BIN LOCATION AND SIZING:
a. Office Building: The proposed commercial development must follow the requirements for
recycling container space1. Project plans must show the placement of recycling containers, for
example, within the details of the solid waste enclosures. Collection space should be provided
for built-in recycling containers/storage on each floor/office or alcoves for the placement of
recycling containers.
i. Enclosure and access should be designed for equal access to all three waste streams –
garbage, recycling, and compostables.
ii. Collection cannot be performed in underground. Underground bins locations require a
minimum of 77” of vertical clearance. Pull out charges will apply. In instances where
push services are not available (e.g., hauler driver cannot push containers up or down
ramps), the property owner will be responsible for placing solid waste containers in an
accessible location for collection.
iii. All service areas must have a clearance height of 20’ for bin service.
iv. New enclosures should consider rubber bumpers to reduce ware and tear on walls.
For questions regarding garbage, recycling, and compostables collection issues, contact Green Waste of
Palo Alto (650) 493-4894.
b. Restaurants and Food Service Establishments: Please contact Green Waste of Palo Alto (650)
493-4894 to maximize the collection of compostables in food preparation areas and customer
areas.
For more information about compostable food service products, please contact City of Palo Alto Zero
Waste at (650) 496-5910.
c. Multi-family Residential: The proposed multi-family development must follow the requirements
for recycling container space2. All residential developments, where central garbage, recycling,
and compostables containers will serve five or more dwelling units, must have space for the
storage and collection of recyclables and compostables. This includes the provision of recycling
chutes where garbage chutes are provided. Project plans must show the placement of recycling
and compostables containers, for example, within the details of the solid waste enclosures.
i. Enclosure and access should be designed for equal access to all three waste streams –
garbage, recycling, and compostables.
ii. Collection cannot be performed in underground. Underground bins locations require a
minimum of 77” of vertical clearance. Pull out charges will apply. In instances where
push services are not available (e.g., hauler driver cannot push containers up or down
ramps), the property owner will be responsible for placing solid waste containers in an
accessible location for collection.
iii. All service areas must have a clearance height of 20’ for bin service.
iv. New enclosures should consider rubber bumpers to reduce wear-and-tear on walls.
For questions regarding garbage, recycling, and compostables collection issues, contact Green Waste of
Palo Alto (650) 493-4894.
133. COVERED DUMPSTERS, RECYCLING AND TALLOW BIN AREAS (PAMC 16.09.075(q)(2)):
1 In accordance with the California Public Resources Code, Chapter 18, Articles 1 and 2
2 In accordance with the California Public Resources Code, Chapter 18, Articles 1 and 2
a. Newly constructed and remodeled Food Service Establishments (FSEs) shall include a covered area
for all dumpsters, bins, carts or container used for the collection of trash, recycling, food scraps and
waste cooking fats, oils and grease (FOG) or tallow.
b. The area shall be designed and shown on plans to prevent water run-on to the area and runoff from
the area.
c. Drains that are installed within the enclosure for recycle and waste bins, dumpsters and tallow bins
serving FSEs are optional. Any such drain installed shall be connected to a Grease Control Device
(GCD).
d. If tallow is to be stored outside then an adequately sized, segregated space for a tallow bin shall be
included in the covered area.
e. These requirements shall apply to remodeled or converted facilities to the extent that the portion of
the facility being remodeled is related to the subject of the requirement.
It is frequently to the FSE’s advantage to install the next size larger GCD to allow for more efficient
grease discharge prevention and may allow for longer times between cleaning. There are many
manufacturers of GCDs which are available in different shapes, sizes and materials (plastic, reinforced
fiberglass, reinforced concrete and metal).
The requirements will assist FSEs with FOG discharge prevention to the sanitary sewer and storm drain
pollution prevention. The FSE at all times shall comply with the Sewer Use Ordinance of the Palo Alto
Municipal Code. The ordinances include requirements for GCDs, GCD maintenance, drainage fixtures,
record keeping and construction projects.
134. CONSTRUCTION AND DEMOLITION DEBRIS (CDD) (PAMC 5.24.030):
a. Covered projects shall comply with construction and demolition debris diversion rates and other
requirements established in Chapter 16.14 (California Green Building Code). In addition, all debris
generated by a covered project must haul 100 percent of the debris not salvaged for reuse to an
approved facility as set forth in this chapter.
b. Contact the City of Palo Alto’s Green Building Coordinator for assistance on how to recycle
construction and demolition debris from the project, including information on where to
conveniently recycle the material.
Public Works Water Quality Control
135. DISCHARGE OF GROUNDWATER (PAMC 16.09.170, 16.09.040): Prior approval shall be obtained from the
city engineer or designee to discharge water pumped from construction sites to the storm drain. The
city engineer or designee may require gravity settling and filtration upon a determination that either or
both would improve the water quality of the discharge. Contaminated ground water or water that
exceeds state or federal requirements for discharge to navigable waters may not be discharged to the
storm drain. Such water may be discharged to the sewer, provided that the discharge limits contained in
Palo Alto Municipal Code (16.09.040(m)) are not exceeded and the approval of the superintendent is
obtained prior to discharge. The City shall be compensated for any costs it incurs in authorizing such
discharge, at the rate set forth in the Municipal Fee Schedule.
136. UNPOLLUTED WATER (PAMC 16.09.055): Unpolluted water shall not be discharged through direct or
indirect connection to the sanitary sewer system (e.g. uncovered ramp to garage area).
137. COVERED PARKING (PAMC 16.09.180(b)(9)): If installed, drain plumbing for parking garage floor drains
must be connected to an oil/water separator with a minimum capacity of 100 gallons, and to the
sanitary sewer system.
138. DUMPSTERS FOR NEW AND REMODELED FACILITATIES (PAMC 16.09.180(b)(10)): New buildings and
residential developments providing centralized solid waste collection, except for single-family and
duplex residences, shall provide a covered area for a dumpster. The area shall be adequately sized for all
waste streams and designed with grading or a berm system to prevent water runon and runoff from the
area.
139. ARCHITECTURAL COPPER PAMC (16.09.180(b)(14)): On and after January 1, 2003, copper metal roofing,
copper metal gutters, copper metal down spouts, and copper granule containing asphalt shingles shall
not be permitted for use on any residential, commercial or industrial building for which a building
permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt
from this prohibition. Replacement roofing, gutters and downspouts on historic structures are exempt,
provided that the roofing material used shall be prepatinated at the factory. For the purposes of this
exemption, the definition of "historic" shall be limited to structures designated as Category 1 or
Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report
and Inventory.
140. LOADING DOCKS (PAMC 16.09.175(k) (2)): (i) Loading dock drains to the storm drain system may be
allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy
season and during periods of loading dock operation. (ii) Where chemicals, hazardous materials, grease,
oil, or waste products are handled or used within the loading dock area, a drain to the storm drain
system shall not be allowed. A drain to the sanitary sewer system may be allowed if equipped with a fail-
safe valve or equivalent device that is kept closed during the non-rainy season and during periods of
loading dock operation. The area in which the drain is located shall be covered or protected from
rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the
Superintendent shall be provided for all rainwater contacting the loading dock site.
141. CONDENSATE FROM HVAC (PAMC 16.09.180(b)(5)): Condensate lines shall not be connected or allowed
to drain to the storm drain system.
142. SILVER PROCESSING (e.g. photoprocessing retail) (PAMC 16.09.215): Facilities conducting silver
processing (photographic or X-ray films) shall either submit a treatment application or waste hauler
certification for all spent silver bearing solutions. 650-329-2421.
143. COPPER PIPING (PAMC 16.09.180(b)(b)): Copper, copper alloys, lead and lead alloys, including brass,
shall not be used in sewer lines, connectors, or seals coming in contact with sewage except for domestic
waste sink traps and short lengths of associated connecting pipes where alternate materials are not
practical. The plans must specify that copper piping will not be used for wastewater plumbing.
144. MERCURY SWITCHES (PAMC 16.09.180(12)): Mercury switches shall not be installed in sewer or storm
drain sumps.
145. COOLING SYSTEMS, POOLS, SPAS, FOUNTAINS, BOILERS AND HEAT EXCHANGERS (PAMC 16.09.205(a)): It
shall be unlawful to discharge water from cooling systems, pools, spas, fountains boilers and heat
exchangers to the storm drain system.
146. UNDESIGNATED RETAIL SPACE (PAMC 16.09): Newly constructed or improved buildings with all or a
portion of the space with undesignated tenants or future use will need to meet all requirements that
would have been applicable during design and construction. If such undesignated retail space becomes
a food service facility the following requirements must be met, in addition to other applicable codes:
Grease Control Device (GCD) Requirements, PAMC Section 16.09.075; Drainage Fixture Requirements,
PAMC Section 16.09.075; Covered Dumpsters, Recycling and Tallow Bin Areas PAMC, 16.09.075(q)(2);
Large Item Cleaning Sink, PAMC 16.09.075(m)(2)(B).
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO CONTENT:
__________________________________
Director of Planning and Community Environment
APPROVED AS TO FORM:
Senior Asst. City Attorney
PLANS AND DRAWINGS REFERENCED:
Those plans prepared by Jo Bellomo Associates titled “429 University Avenue”, consisting of 24 pages, dated
October 26, 2016.
429 University Avenue Project
Mitigation Monitoring Program
429 University Avenue Project Page 1
Mitigation Monitoring Program January 2015
INTRODUCTION
Section 15097 of the Guidelines for the California Environmental Quality Act (CEQA) requires
that, whenever a public agency approves a project based on a Mitigated Negative Declaration
(MND) or an Environmental Impact Report (EIR), the public agency shall establish a mitigation
monitoring or reporting program to ensure that all adopted mitigation measures are
implemented.
This Mitigation Monitoring Program (MMP) is intended to satisfy this requirement of the
CEQA Guidelines as it relates to the 429 University Avenue project. This MMP would be used
by City staff and mitigation monitoring personnel to ensure compliance with mitigation
measures during project implementation. Mitigation measures identified in this MMP were
developed in the Initial Study prepared for the proposed project.
As noted above, the intent of the MMP is to ensure the effective implementation and
enforcement of all adopted mitigation measures. The MMP will provide for monitoring of
construction activities, as necessary, and in the field identification and resolution of
environmental concerns.
MITIGATION MONITORING PROGRAM DESCRIPTION
The City of Palo Alto will coordinate monitoring activities and ensure appropriate
documentation of mitigation measure implementation. The table below identifies each
mitigation measure for the 429 University Avenue Project and the associated implementation,
monitoring, timing and performance requirements.
The MMP table presented on the following pages identifies:
1. the full text of each applicable mitigation measure;
2. the party or parties responsible for implementation and monitoring of each measure;
3. the timing of implementation of each mitigation measure including any ongoing
monitoring requirements; and
4. performance criteria by which to ensure mitigation requirements have been met.
Following completion of the monitoring and documentation process, the final monitoring
results will recorded and incorporated into the project file maintained by the City’s Department
of Planning and Community Environment.
It is noted that the mitigation measure numbering reflects the numbering used in the Initial
Study prepared for the 429 University Avenue Project (Dudek 2014).
429 University Avenue Project
Mitigation Monitoring Program
429 University Avenue Project Page 2
Mitigation Monitoring & Reporting Program January 2015
No mitigation measures are required for the following resources:
Aesthetics
Agricultural Resources
Air Quality
Geology, Soils, and Seismicity
Greenhouse Gas Emissions
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Population and Housing
Public Services
Recreation
Utilities and Service Systems
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: The following measures shall be
implemented to reduce impacts to protected trees:
• City of Palo Alto (City)-approved Modified Type III fencing
shall be installed for the two street trees to be retained along
University Avenue. City-approved tree protection signs shall be
posted on all fencing.
• Soil conditions for the four new trees to be planted along
Kipling Street shall be improved by preparing a planting area at
least 6 feet square for each tree and installing Silva Cells to
reduce compaction. The Silva Cells shall be filled with proper
soil amendments and growing medium as determined by the
City Arborist.
• Unless otherwise approved, each new tree shall be provided
with 1,200 cubic feet of rootable soil area, utilizing Standard
Drawing #604/513. Rootable soil is defined as compaction
less than 90% over the area, not including sidewalk base
areas.
• Two bubbler drip irrigation units shall be installed for each
new tree to adequately water the new planting area.
• New sidewalk shall be installed such that the final planting
space opening is at least 5 feet by 5 feet for each new tree.
Applicant City of Palo Alto
Urban Forestry
Group/Planning
Division Arborist
Prior to issuance of
demolition, grading,
and building
permits
During demolition,
excavation, and
construction
Approved site
plans reflect
applicable
conditions
Field inspections
conducted to
verify adherence
to conditions
429 University Avenue Project
Mitigation Monitoring Program
429 University Avenue Project Page 3
Mitigation Monitoring & Reporting Program January 2015
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
• Kiva tree grates shall be used around each new tree.
• Replacement tree size shall be a 36-inch box, properly
structured nursery stock.
• Based on growth habit and proven performance, Ginkgo
biloba “Autumn Gold” is highly recommended for the
replacement trees. Other tree species may be approved by the
City Arborist.
• All work within the Tree Protection Zone, including canopy
pruning of protected trees, shall be supervised by a Certified
Arborist approved by the City.
CULTURAL RESOURCES
Mitigation Measure CUL-1: Prior to commencement of site
clearing and project grading, the project applicant shall retain a
qualified archaeologist to train construction personnel
regarding how to recognize cultural resources (such as
structural features, unusual amounts of bone or shell, artifacts,
human remains, or architectural remains) that could be
encountered during construction activities. If artifacts or
unusual amounts of shell or bone or other items indicative of
buried archaeological resources or human remains are
encountered during earth disturbance associated with the
proposed project, the on-site contractor shall immediately notify
the City of Palo Alto (City) and the Native American Heritage
Commission as appropriate. All soil-disturbing work shall be
halted within 100 feet of the discovery until a qualified
archaeologist, as defined by the California Environmental
Quality Act (CEQA) Guidelines (14 CCR 15000 et seq.) and
the City, completes a significance evaluation of the finds
pursuant to Section 106 of the National Historic Preservation
Act. Any human remains unearthed shall be treated in
accordance with California Health and Safety Code, Section
7050.5, and California Public Resources Code, Sections
5097.94, 5097.98, and 5097.99, which include requirements to
Applicant City of Palo Alto Prior to and during
earth disturbance
Training materials
provided to
construction
contractors
Field inspections
conducted to
verify compliance
429 University Avenue Project
Mitigation Monitoring Program
429 University Avenue Project Page 4
Mitigation Monitoring & Reporting Program January 2015
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
notify the Santa Clara County Medical Examiner’s office and
consult with Native American representatives determined to be
the Most Likely Descendants, as appointed by the Native
American Heritage Commission. Identified cultural resources
shall be recorded on State Department of Parks and
Recreation Form 523 (archaeological sites). Mitigation
measures prescribed by the Native American Heritage
Commission, the Santa Clara County Medical Examiner’s
office, and any Native American representatives determined to
be the Most Likely Descendants and required by the City shall
be undertaken before construction activities are resumed. If
disturbance of a project area cultural resource cannot be
avoided, a mitigation program, including measures set forth in
the City’s Cultural Resources Management Program and in
compliance with Sections 15064.5 and 15126.4 of the CEQA
Guidelines, shall be implemented.
HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-1: Prior to building demolition, the
project applicant shall demonstrate to the satisfaction of the
City of Palo Alto that a survey of the existing buildings has
been conducted by a qualified environmental specialist who
meets the requirements of the current U.S. Environmental
Protection Agency regulations for suspected lead-containing
materials (LCMs), including lead-based paint/coatings;
asbestos containing materials (ACMs); and the presence of
polychlorinated biphenyls (PCBs). Any demolition activities
likely to disturb LCMs or ACMs shall be carried out by a
contractor trained and qualified to conduct lead- or asbestos-
related construction work. If found, LCMs and ACMs shall be
disposed of in accordance with state and federal regulations,
including the EPA’s Asbestos National Emissions Standards
for Hazardous Air Pollutants, the Cal-OSHA Construction Lead
Standard (CCR Title 8, Section 1432.1), and California
Department of Toxic Substances Control and EPA
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
demolition permit and
during demolition
Building survey
report submitted
LCMs and ACMs
handled by qualified
contractor and
disposed of in
accordance with the
U.S. Environmental
Protection Agency’s
(EPA) Asbestos
National Emissions
Standards for
Hazardous Air
Pollutants, the
California
Occupational Health
and Safety’s
429 University Avenue Project
Mitigation Monitoring Program
429 University Avenue Project Page 5
Mitigation Monitoring & Reporting Program January 2015
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
requirements for disposal of hazardous waste. If PCBs are
found, these materials shall be managed in accordance with
the Metallic Discards Act of 1991 (California Public Resources
Code, Sections 42160–42185) and other state and federal
guidelines and regulations. Demolition plans and contract
specifications shall incorporate any necessary abatement
measures in compliance with the Metallic Discards Act,
particularly Section 42175, Materials Requiring Special
Handling, for the removal of mercury switches, PCB-containing
ballasts, and refrigerants.
Construction Lead
Standard (CCR Title
8, Section 1432.1),
and California
Department of Toxic
Substances Control
and EPA
requirements for
disposal of
hazardous waste.
PCBs, mercury and
other hazardous
building materials
handled by qualified
contractor and
disposed of in
accordance with
applicable
regulations as
identified.
NOISE
Mitigation Measure NOI-1: Residential Uses: Window and
exterior door assemblies with Sound Transmission Class
(STC) rating up to 45 and upgraded exterior walls shall be
used in the residential portion of the proposed building to
achieve the City’s maximum instantaneous noise guideline for
residential uses. The City of Palo Alto shall ensure that these
standards are met through review of building plans as a
condition of project approval.
Commercial Uses: Window and exterior door assemblies for
the commercial portions of the building shall have a minimum
STC rating of 32 at the corner of University Avenue and Kipling
Street, and a minimum STC of 28 at all other commercial
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
building permit
Approved building
plans shall include
window sound
transmission ratings
and interior noise
levels verification
from a qualified
acoustical
consultant.
429 University Avenue Project
Mitigation Monitoring Program
429 University Avenue Project Page 6
Mitigation Monitoring & Reporting Program January 2015
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
locations within the proposed building to comply with the State
of California CalGreen noise standards (maximum interior
noise level of 50 dB during the peak hour of traffic). The City of
Palo Alto shall ensure that these standards are met through
review of building plans as a condition of project approval.
Mitigation Measure NOI-2: The residential portion of the
proposed building shall have a ventilation or air-conditioning
system to provide a habitable interior environment when
windows are closed.
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
building permit
Approved building
plans shall include
details of the
residential
ventilation system.
Mitigation Measure NOI-3: Noise levels from rooftop
equipment shall be reduced to meet the City of Palo Alto Noise
Ordinance requirements. An enclosure or other sound-
attenuation measures at the exhaust fans shall be provided to
reduce rooftop equipment noise is no greater than 8 dB above
the existing ambient level at potential future neighboring
buildings to meet the property plane noise limit. Use of quieter
equipment than assumed in this analysis may support reduced
mitigation, which shall be evaluated by a qualified acoustical
consultant.
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
building permit
Approved building
plans shall include
garage exhaust fan
manufacturer’s
information
regarding
equipment noise
levels and noise
attenuation details
TRANSPORTATION AND TRAFFIC
Mitigation Measure TRANS-1: Mirrors shall be installed at the
parking garage driveway to allow drivers to see when a
pedestrian or vehicle is approaching in Lane 30.
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
building permit
Approved building
plans shall include
parking garage
mirrors
Mitigation Measure-TRANS-2: Mirrors shall be installed at
each turn within the parking garage to provide adequate sight
distance.
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
building permit
Approved building
plans shall include
parking garage
mirrors
1
Date: Feb 27, 2017
Project Name: 429 University Avenue, Palo Alto, CA
To: Hillary Gitelman, Jonathan Lait, Adam Petersen, Molly Stump, Albert Yang, James
Keene, Ed Shikada
_____________________________________________________________________________
In response to the recommended conditions of approval from the City Council Staff Report
dated Feb 6, 2017, pages 7 and 8, Applicant cannot comply with conditions 2, 4 and 6 as
stipulated and requests modifications to such recommended conditions to comply with
California Building Code requirements for accessibility as well as for energy efficiency and
the safety of occupants.
Recommended Condition 1: Applicant shall submit detailed plans that demonstrate
compliance with floor area and other applicable development standards.
Response:
•Applicant will submit detailed plans with area calculations.
Recommended Condition 2: The fourth floor guardrails and planters shall be set back a
minimum of five feet from the edge of the third floor roofline (all elevations), as modified by
these conditions.
Response:
•Recessing the guardrails 5’ from the edge of the third floor roofline will create a 5’
wide strip where occupants may be tempted to jump over the guardrail to sit at the
edge of the roofline or to place objects which may fall and cause damage to people
and/or property. This becomes a potential liability to the Applicant and especially to
the City that required this condition for approval.
•The fourth floor is already set back with its guardrails 5’5” from University Avenue
and Kipling Street, with 5’clearance in front of the elevator doors. Further setbacks
will violate the 5’0” clear turning radius for accessibility as required by California
Building Code and the Americans with Disabilities Act.
•The proposed guardrails are of transparent glass and won’t be obvious to passersby.
Recommended Condition 3: The ‘library’ shown on the third floor, floor plans, at the street
corner, shall be removed.
Response:
•Removed library on the third floor. Following the library removal, the third floor
building footprint is set back 20’0” from both University Avenue and Kipling Street.
Condition
2a
Condition
2b
Condition
2c
Below are
the updated
condition
numbers
2
Recommended Condition 4: The third floor roofline above the removed ‘library’ area shall
be setback to follow the third floor building footprint; reducing the building mass at the street
corner.
Response:
•The roofline closely follows the third floor building footprint maintaining 3’0”
overhang as now exists along University Avenue and Kipling Street.
•The overhang is kept to a minimum required for shading, energy conservation and
weather protection at South and East sides.
•The architectural design would be compromised by having no continuity of overhang
at this corner.
•The resulting overhang will be at a large distance of 17’0” from the property line on
both University Avenue and Kipling Street. The guardrails are 17’ 9” from the
streets.
Recommended Condition 5: A decorative wall design treatment, feature or element, shall
be applied to the exterior walls immediately adjacent to the southern property line (project’s
south elevation) starting at an elevation equivalent to the building height of the adjacent
structure and extending to the roofline of the proposed building, subject to review by the
Architectural Review Board.
Response:
•A decorative wall treatment on the West wall will be proposed to the ARB.
•The West wall abutting the property line has been moved by a couple of inches at the
elevation of the adjacent roof to allow for such decorative wall treatment.
Recommended Condition 6: The elevator adjacent to Kipling Street, inclusive of any
associated mechanical equipment, shall not exceed fifty feet (50') in height.
Response:
•There are technical limitations. The minimum required height for the least amount of
overhead clearance elevator is 54’-6”. Please see attached letter from Otis elevator.
•As per Palo Alto Municipal Code 18.40.090 Height Exceptions (attached) the height
of the elevator equipment may exceed 15’ above the height limit in the district.
Applicant requires 4’6” above the 50’ height limit as permitted by code. This
minimal increase in height for the elevator will not be noticed from the street.
Recommended Condition 7: The applicant shall return to the Architectural Review Board
for review and recommendation to the Director of Planning and Community Environment for
landscape details and plans for all proposed planting, including individual planters, the green
wall, and landscaping near the rooftop elevator.
Response:
•Applicant will submit supplemental landscape details for proposed planting.
Recommended Condition 8: The applicant shall return to the Architectural Review Board
for review and recommendation to the Director of Planning and Community Environment of
Condition
2d
Condition
3a
Condition
2e
Condition
3b
Condition
3c
4
5
6
7
Attachment C
Environmental Assessment
Hardcopies of the Initial Study/Mitigated Negative Declaration are provided to the City Council.
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.
These documents are available online at:
http://www.cityofpaloalto.org/planningprojects
For a direct link, please use
http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2449&TargetID=319
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