HomeMy WebLinkAbout2004-10-18 City Council (3)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:OCTOBER 18, 2004 CMR: 435:04
SUBJECT:525 SAN ANTONIO ROAD [04-SUB201; 04-EIA-05]: REQUEST BY
HERMAN SHAW OF A&D PROTOCOL TRANSPORTATION, INC.
FOR A FIVE-YEAR EXTENSION TO AN APPROVED TENTATIVE
MAP FOR A 10-LOT RESIDENTIAL SUBDIVISION. CITY
COUNCIL APPROVED THE TENTATIVE MAP ON JULY 1, 2002.
NO MODIFICATIONS TO THIS MAP HAVE BEEN MADE SINCE
THAT TIME. ENVIRONMENTAL ASSESSMENT: CALIFORNIA
ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION.
ZONE DISTRICT: R-1(743). ORIGINAL FILE NOS.: 01-SUB-02; 01-
EIA-13.
RECOMMENDATION’
Staff and the Planning and Transportation Commission (PTC) recommend Council
extend the approval of the Tentative Map for an additional five-year period, based upon
the original project findings, one modified Condition of Approval extending the approval,
and all other original Conditions of Approval contained within the Record of Land Use
Action.
DISCUSSION
Staff has received no written comments from the public.
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
At the public hearing held on Wednesday, September 8, 2004, the PTC voted
unanimously (7-0) to accept staff’s recommendation, No modifications were made to the
CMR:435:04 ¯Page 1 of 2
Re~omm’ended Conditions of ApproVal, contained within Section 6 of the Summary of
Land .U.se ~:c~ion d0c~ment (see A~achm~ntA).
PREPARED BY:
DEPARTMENT HEAD:
/, STEVE ~EMSLIE )"~ Director of Planning and Community Environment
CITY MANAGER APPROVAL:~
~ ~EM.ILY H~.A _R~I_ffON
¯ q~ Assistant City M~nager
ATTACHMENTS
A.Record of Land Use Action
B.Planning and Transportation Commission Staff Report dated September 8, 2004
C.Planning and Transportation Commission Meeting Minutes
D.Approved Tentative Map (Council Members Only)
COURTESY COPIES
A&D Protocol Transportation, Inc., Property Owner
Kenneth Schreiber, Project Consultant
CMR:435:04 Page 2 of 2
Attachment A
APPROVAL NO. 2004-06
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION
FOR 525 SAN ANTONIO ROAD: APPROVED TENTATIVE MAP EXTENSION
04-SUB-01; 04-EIA-05 (A&D PROTOCOL, APPLICANT)
At its meeting of October 18, 2004, the Council of the City
of Palo ALto approved the extension to the Tentative Map ~for an
additional five-year period, making the following findings,
determination and declarations:
SECTION I. Background. The City Council of the City of
Palo Alto (~City Council") finds, determines, and declares as
follows:’
A.On June 17, 2004, applicant, Herman Shaw of
Protocol, submitted a request for a five-year extension to an
approved Tentative Map for a 10-1ot residential subdivision. The
Tentative Map (Original File Nos.: 01-SUB-02; 01iEIA-13) was
approved on July i, 2002.
B. As the applicant continues to progress toward meeting
the Tentative Map conditions of the approval, he finds it necessary
to continue the operation of the childcare center (i.e., Peninsula
Day Care and Children’s Christian Center) on site. In doing so,
the applicant requests the approved Tentative Map be extended for
an additional five-year period to July i, 2009] This requested
period for extension complies with the maximum allowed by the
Subdivision Map Act and the City’s Subdivision Ordinance
(California Government Code Section 66452.6[e] and PAMC Section
21.16.010[b]). No modifications to the approved map are requested
as part of this application.
C. The closure of this business was previously addressed
during the review of this project by the Planning and
Transportation Commission and mentioned in~ the City Manager’s
Report. At the time, the intent was for the childcare facility to
operate for at least two to five years from the date of approval,
remaining open until operator’s retirement or until a long-term
lease agreement could be reached with another childcare operator.
To date, neither circumstance has occurred. Staff recognizes the
applicant’s need for additional time to resolve issues related to
the closure of the existing business and supports the request to do
so. Extending the Tentative Map approval period retains the
opportunity for development of available housing at this location.
This subdivision is consistent with the Comprehensive Plan and the
current R-I zoning site development regulations.
SECTION 2.Environmental Review. A Negative
Declaration was originally prepared for this project and was
included as part of the approval made by the City Council on July
i, 20~02. As the requested extension does not involve/generate
substantial project changes, mew significant envirommental effects,
or new informatiom to cause major revisions to the previously
approved Negative Declaration, no subsequent environmental document
is necessary or required (CEQA Section 15162[a] [i] [2] [3]). No re-
circulation of this document is necessary as part of this
application (CEQA Section 15162[a]). This document has only been
revised to correct administrative errors, and its original content
and analysis has not been altered.
SECTION 3.Tentative Map Extension Findings.
No new findings are required for the extension of the Tentative
Map. The original project findings remain in effect for its
extension.
SECTION 4.Tentative Map Extension Granted. Extension
of the approved Tentative Map Nos. 04-SUB-01/04-EIA-05 is granted
.by the City Council under Palo Alto Municipal Code ("PAMC") Section
21.16.010[b] and the California Government Code Section 66452.6[e].
This Tentative Map is subject to the newly revised Condition No. 3
and all other original, unaltered conditions of approval, as
referenced in Section 6 of this Record.
SECTION 5.Final Map Approval.
The Final Map submitted for review and approval by the
Council of the City of Palo Alto shall be in substantial
conformance with the Tentative Map prepared by Lea & Sung
Engineering, Inc. ititled "Tentative Tract Hap:525 San Antonio
Road", consisting of one (i) page, dated June 27,2001 and revised
August 2, 2001, except as modified to incorporate the newly revised
Condition No. 3 and all other original, unaltered conditions of
approval, as referenced in Section 6. A copy of this map is on
file in the Department of Planning and Community Environment,
Current Planning Division. By the end of the Tentative Map
extension period, July i, 2009, the subdivider shall cause the
subdivision or any part thereof to be surveyed, and a Final Hap, as
specified in Chapter 21.08, to be prepared in conformance with the
Tentative Map as conditionally approved, and in compliance with the
provisions of the Subdivision Map Act and PAHC Section 21.16 and
submitted to the City Engineer (PAMC Section 21.16.010[a]) .
SECTION 6.Conditions of Approval.
The original. Tentative Map Conditions of Approval are
unchanged by the extension of the approval period, except for the
revised Condition No. 3. These conditions have been reiterated
below for reference, along with the new language for Condition No.
3.
Revised Condition of Approval:
3.The final subdivision map shall be filed with the Planning
Division by July i, 2009 (i.e., within seven years of the
approval of the Tentative Subdivision Map). The Tentative
Subdivision Map shall expire after this date.
Original Conditions of Approval from July i} 2002: .
GENERAL
Subdivider shall dedicate to City, pursuant to Program H-20
of the Comprehensive Plan Below Market Rate (BMR) Program one
lot identified as Lot No. 1 on the Tentative Map. Subdivider
shall be responsible at its own cost for construction of all
public and private improvements necessary for the development
of the dedicated lot with one unit but not including
construction of the building. Upon recording of the final
subdivision map, title to the dedicated lot shall transfer to
the City or its designee. A bond, or other appropriate
security acceptable to the City Attorney, may be required to
guarantee completion of the public and private improvements
benefiting the dedicated lot.
Subdivider shall sign a BMR agreement with the terms prior to
Council approval of the Tentative Map and shall be
incorporated into the conditions of approval for the Final
Map and into the Subdivision Agreement in a form satisfactory
to the City Attorney’s Office.
Additional BMR fees for construction shall be payable upon
development of the remaining lots.
o The project subdivision includes significant complexity
involving, final map and coordination of infrastructure design
and construction. Developer shall appoint a Project Manager to
coordinate with City, Public Works and Utility, engineering
staff. Public Works will conduct daily and longer-term
communication with appointed project manager in order to
facilitate timely review and approval of design and
construction matters.
o The soil report prepared by the applicant’s geotechnical
engineer indicates that the site has’ground water measuring as
shallow as 71/2 feet deep.~ This will require subsequent
builders who intent~ to construct basements to submit a detail
site specific soil report prepared by a licensed soils or geo-
technical engineer, which includes information on water table
and basement construction issues. This report shall identify
the current groundwater level, if encountered, and by using
this and other available information, as well as professional
experience, the engineer shall estimate the highest projected
ground-water level likely to be encountered in the future. If
the proposed basement is reasonably above the projected highest
water level, then the basement can be constructed in a
conventional manner with a subsurface perimeter drainage system
to relieve hydrostatic pressure. If not, Public Works
Engineering requires that structures (basements) be constructed
in such a way that they do not penetrate existing or projected
ground water levels.
o Provide Fire Department access road 20 feet in width with 13’6"
vertical clearance. Road to meet weight access (65,000 ibs.)
and turning radius (40 ft.) requirements for fire truck. Road
shall be all-weather and shall extend to within 150 feet of
hose reach of any point on the first floor exterior of all
buildings. Parking will be allowed on only one side of the
street.
o The applicant is required to install ~No Parking Any Time"
signs and poles per Transportation Planning specifications. A
~Stop" sign and Stop bar shall be installed at the San Antonio
road intersection.
PRIOR TO SUBMITTAL0F FINAL MAP
The applicant shall arrange a meeting with Public Works
Engineering, Utilities Engineering, Planning, Fire, and
Transportation Departments after approval of this map andprior
to submitting the improvement plans. These improvement plans
must be completed and approved by the City prior to submittal
of a final map.
°The applicant shall submit a final grading and drainage plan to
Public Works Engineering. This planshall show spot elevations
or contours of the site and demonstrate the proper conveyance
of storm water to the nearest adequate municipal storm drainage
system. Existing drainage patterns, including accommodation of
runoff from adjacent properties, shall be maintained. The
revised plans shall incorporate a new manhole at the location
of the new, catch basins. Permittee must obtain a grading
permit from the City of Palo Alto Building Inspection Division.
4
3.The developer shall require its contractor to incorporate best
management practices (BMP’s) for stormwater pollution
prevention in all construction operations, in conformance with
the Storm Water Pollution Prevention Plan prepared for the
project. It is unlawful to discharge any construction debris
(soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other
waste materials into gutters or storm drains. (PAMC Chapter
16.09).
o Subdivision Agreement is required to secure compliance with
condition of approval and-security of improvements onsite and
offsite. No grading or building permits will be issued until
Final or Parcel Map is recorded with County Recorder.
All sidewalks and curb and gutters bordering the project shall
be repaired and/or removed and replaced in compliance with
Public Works approved standards. Sec. 12.08.010.
o The unused driveways located along the frontage of the site
shall be removed and replaced with curb and gutter. Sec.
12.08.090.
o All.construction within the City right-of-way, easements or
other property under City’s jurisdiction shall conform to
standard specifications of .the Public Works and Utility
Department. Sec. 12.08.060.
The Public Works Inspector shall sign off the building permit
prior to the finalization of this permit. All off-site
improvements shall be finished prior to this. sign-off.
Similarly, all as-builts, on-site grading, drainage and post-
developments BMP’s sha~l be completed prior to sign-off.
o The preliminary grading plans indicate that the spot elevations
are based on an assumed datum of 303.66. Public Works requires
all infrastructure and grading plans to based on the City
Standard Datum (USGS)
UTILITIES
i0.The subdivider shall coordinate with the Utilities Department
to determine all utility design and capacity requirements
including water, sewer, gas, electric, telephone and cable
facilities. All new construction shall have underground
utility, telephone and cable service. The project shall be
limited to single service laterals for each lot for Sewer,
water and gas. Each parcel shall have separate electrical
service. All utility plans shall be approved by the Utilities
Department before the Parcel map is recorded.
ii. The subdivider shall submit improvement plans and
specifications for all utility construction. The plans must
show the proposed alignment of water, gas, and sewer mains and
services within the development and in the public right-of-way.
12.The subdivider shall submit flow calculations which will show
the off-site and on-site water and sewer mains will provide
the domestic water, fire flows and sewer capacity needed to
service the development and adjacent properties during
anticipated peak flows.
BUILDING
13.The existing buildings on the site are to be removed prior to
approval of the final map. A separate demolition permit is
required for each building.
14.The name of the new street is to be approved by the City and
the Building Inspection Services Division shall assign the
address numbers for each lot prior to approval of the Final
Map.
PRIOR TO RECORDATION OF FINAL MAP
The subdivider shall post a bond prior to the recording of the
final parcel or subdivision map to guarantee the completion of
the non" and "off" site condition(s) of approval. The Planning,
Utilities and Public Works Departments shall determine the
amount of the bond.
PLANNING
o The subdivider shall enter into a subdivision agreement with
the City of Palo Alto. The agreement shall be recorded with
the approved final map at the office of the Santa Clara
County Recorder and shall include the following agreements:
a)The subdivider shall be responsible for installing any
required off-site improvements, including utilities, to
the satisfaction of the Utilities, Public works, and
Planning Departments. These improvements shall be
guaranteed by bond or other form of guarantee acceptable
to the City Attorney.
b)The subdivider shall grant the n~cessary public utility
easements to the City for the location and maintenance of
required utilities. The required easements shall be shown
on the face of the subdivision map.
6
3.The final subdivision map shall be filed with the Planning
~ivision within two years of the approval of the tentative
subdivision map.
a)The final subdivision map shall provide for a 15-foot
pedestrian/bicycle easement at the terminus of the cul-
de-sac and the adjoining pal alto Unified School district
property.
b)The Floor Area Ratio’s (FAR) shown for each parcel shall
be removed from the final map.
UTILITIES
All utility installations shall be in accordance with the
City of Palo Alto Standard Specifications an~ the Utility
department Standard Conditions. The subdivider shall show all
utility easements prior to approval of the Tentative Hap.
The subdivider shall be responsible for installing and
upgrading on-site and off-site water and sewer utilities as
necessary to handle anticipated peak loads. This
responsibility includes the cost of all associated utility
installations/upgrades.
The subdivider shall pay all costs associated with the
required improvements to off-site gas mains. All improvements
to the gas system shall be installed by the City of Palo
Alto.
o The subdivider shall be responsible for identification and
location of all utilities, both public and private, within
the work area., Prior to any excavation work at the site, the
Permittee shall contact Underground Service Alert at (800)
642-2444, at least 48 hours prior to beginning work.
8.All on-site and off-site improvements, including the
relocation of any existing utilities to accommodate the
project shall be done at the subdivider’s expense. The City
will provide one electric service to the new merged parcel.
SECTION 7.Term of Approval.
i. Tentative Map Extension. The approval period of the
Tentative Map (Original File Nos.: 0!-SUB-02; 01-EIA-13) is
extended for an additional five-year period until July i, 2009.
Submittal of a Final Hap shall be made prior to this new expiration
date. No further extension of the approved Tentative Hap can be
made, and this map will expire after July i, 2009.
7
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Director of Planning and
Community Environment
Senior Asst. City Attorney
PLANS AND DRAWINGS REFERENCED:
i. The .original, approved Tentative Map consists of following:
Those plans prepared by Lea & Sung Engineering, Inc. titled
"Tentative Tract Map: 525 San Antonio Road", consisting of one (i)
page, dated June 27, 2001 and revised August 2, 2001.
TO:
Attachment B
PLANNING DIVISION
STAFF REPORT
PLANNING & TRANSPORTATION COMMISSION
FROM:Chris Magnusson
Planner
DEPARTMENT:Planning and Community
Environment
AGENDA DATE: September 8, 2004
SUBJECT:525 San Antonio Road [04-SUB-01; 04’EIA-05]: Request by
Herman Shaw of A&D Protocol Transportation, Inc. for a five-year
extensionto an approved Tentative Map for a 10-1ot residential
subdivision. City Council approved the Tentative Map on July 1,
2002. No modifications to this map have been made since that time.
Environmental Assessment: California Environmental Quality Act
Negative Declaration. Zone District: R-1(743). Original File Nos.:
01-SUB-02; 01-EIA-13.
RECOMMENDATION:
Staff recommends that the Planning and Transportation Commission recommend the City
Council extend the approval of the Tentative Map for an additional five-year period,
based upon the original project findings, one modified Condition of Approval, and all
other original Conditions of Approval contained within the Record of Land Use Action.
SUMMARY OF LAND USE ACTION:
This application involves the request to extend the approval period of the Tentative Map, No
modifications to the .approved map are proposed. Therefore, both Attachments A and C
include all original conditions applicable to the approved Tentative Map. Condition No. 3 of
Attachment A has been revised to reflect the new date for Final Map submittal. No other
language has been modified, as all other approval conditions continue to remain in effect, as
they have since the project was approved on July, 1,2002. (Attachment C). Attachment C also
contains the original Tentative Map findings for the approved Tentative Map.
City of Palo Alto Page 1
SUMMARY OF KEY ISSUES:
As the applicant continues to progress toward meeting the Tentative Map conditions of the
approval, he finds it necessary to continue the operation of the childcare center (i.e.,
Peninsula Day Care and Children’s Christian Center) on site. in doing so, the applicant
requests the approved Tentative Map be extended for an additional five-year period to July 1,
2009 (Attachment B). This requested period for extension complies with the maximum
allowed by the Subdiyision Map Act and the City’s Subdivision Ordinance (California
Government Code Section 66452.6[e] and PAMC Section 21.16.010[b]). No other
modifications tO the approved project or map are requested as part of this application.
The closure of thisbusiness was previously addressed during the review of this project by the
Planning and Transportation Commission and mentioned in the City Manager’s Report (see
Attachment D). At the time, the intent was for the childcare facility to operate for at least
two to five years from the date of approval, remaining open until operator’s retirement or
until a long-term lease agreement could be reached with.another childcare operator. To date,
neither circumstance has occurred. Staff.recognizes the applicant’s need for additional time
to resolve issues related to the closure of the existing business and supports the request to do
so. Extending the Tentative Map approval period retains the opportunity for development of
available hot, sing at this location. This subdivision is consistent with the Comprehensive
Plan and the current R-1 zoning site development regulations.
TIMELINE."
Action:
Application Received:
Application Deemed Complete:
Negative Declaration Public Review Period:
P&TC Meeting:
City Council Hearing:
Date:
June 17, 2004
July 17, 2004
January 9 -29, 2002
September 8, 2004
To Be Determined
ENVIRONMENTAL REVIEW:
The request for Tentative Map extension does not constitute a project by definition under
the’ California Environmental Quality Act ([CEQA] Section 15378). In addition, this
request is not accompanied by modifications to the approved project or approved map
(Attachment E). As no substantial changes are proposed in the project which will
require major revisions to the previously approved Negative Declaration, no subsequent
environmental document is necessary or required (CEQA Section 15162 [a]). A Negative
Declaration was originally prepared for this project and was included as part of the
approval made by the City Council on July 1, 2002. No re-circulation of this document is
necessary as part of this application (CEQA Section 15162[a]). This Negative
Declaration has been included as Attachment E of this report.
City of Palo Alto Page 2
ATTACHMENTS:
No
C.
D.
F.
E.
Record of Land Use Action
Applicant Request Letter for Tentative Map Extension
Project Approval Letter with Original Findings and Conditions
Previous CMR and P&TC Staff Report/Minutes
Approved Project CEQA Negative Declaration
Approved Tentative Map (Commission Members Only)
COURTESY COPIES:
A&D Protocol Transportation, Inc., Property Owner
Kenneth Schreiber, Project Consultant
Prepared by: Chris Magnusson, Planner
Reviewed by: Amy French, Manager of Current Planning
Department/Division Head Approval: .22~9~@c-- {-Z
Lisa Grote, Chief Planning Official
City of Palo Alto Page 3
A&D
Attachment B
Prc tocol Transportatior , inc.
525 San Antonio Road
PaID Alto, California 94306
650-493-2666
June 16, 2004
City of Palo Alto
Department of Plarming and Community Environment
Attention: Chris Magnusson
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Dear Mr. Magnusson:
Re:Tentative Subdivision Map for 525 San Antonio Road
File 01-SUB-02
On July 1, 2002, tt~e City Council approved the Tentative Subdivision Map for 525 San Antonio
Road. A cop?, of an August 1, 2002 letter from John Lusardi with the conditions of approval and
BMR letter is attached.
You have advised us that under the State Subdivision Map Act, the City can extend the Tentative
Map approval for up to five years. This letter and attachments constitute a request for that five
year extension. You have advised us that the total City fees for the extension application are
$626~.00 and a check in that amount is attached. Other attacl~nents include a Development
Application, copies of the original Environmental Assessment Worksheet and Subdivider’s
Statement and 35 copies of the approved Tentative Map.
The extension is requested because we continue to have the energy necessary to operate the Child
Care Center and thus are very reluctant to close the Center. The Center has been a part of our
Christian Mission for many years and continuing that service is personally important. Extending
the time for filing the Final Map will allow us to continue to provide child care service for over
300 children.
If you need additional information or have questions about this request, please contact our
representative, Kenneth Schreiber, at 853-1271.
A&D PrOtoco~ Trar~sport~tior~,
525 San Antonio Road
Palo Alto, Caiiforni~ 94306
eo6~-26oS
Attachments: Development Application with check¯Environmental Assessment Worksheet
Subdivider’s Statement
August 1, 2002 Letter from John Lusardi with attachments
Approved Tentative Map (35 copies)
Cc: Kenneth Schreiber
Department of Planning and
Communi~d Environment
Attach ment C
August 1, 2002
Mr. and Mrs. Herman Shaw
A&D Protocol Transportation Inc.
525 San Antonio Road
Palo Alto, CA 94306
Planning Division
Re: Tentative Subdivision Map for 525 San Antonio Road
Dear Mr. and Mrs. Shaw:
On July 1, 2002 the City Council approved the Tentative Subdivision Map for 525
San Antonio Ro.ad to provide for the subdivision of approximately 2.64 acres into
ten single family lots consistent with the existing single family zone designation,
a-1 (742).
With the Council approval on July !, two additional £onditions were added ~to the
tentative Subdivision map. The first is that the Final Map shall provide for a 15-
foot pedestrian/bicycle easement at the terminus of the cul-de-sac and the
adj oining Palo Alto Unified School District property. The second condition is that
the Floor Area Ratio’s (FAR) shown for each parceI shall be removed from the
Final Map.
Also, the approved tentative map is subject to the "Below Market Rate
Ageement", dated June 27, 2002.
Sincerely,
Current Planning Manager
Attachment:Final Conditions of_Approval, dated July 1,2002
Below Market Rate Ageement, dated June 27,2002
250 Hamilton Avenue
EO. Box 10250
Palo Alto, CA 94303
650.329,2441
650.329.2154 fax
FINDINGS FOR APPROVAL OF SUBDIVISION
525 San Antonio Road
Findings for Approval
The proposed subdivision is consistent with applicable Comprehensive Plan
policies and programs and the design requirements of the Subdivision
Ordinance, in that the project would be consistent with the Subdivision~
Ordinance (PAMC Section 21.20) and that the proposed subdivision would
be consistent with the following Comprehensive Plan policies: Policy H-1:
Meet community and neighborhood needs as the supply of housing is
increased, and; Policy H-2: "Consider a variety of strategies to increase
housing density and diversity in appropriate locations" in that the project
includes 10 residential units that will increase opportunities for scarce
housing in the area; the proposed subdivision is consistent with the
Comprehensive Plan designation for Single Family Residential;
The site is physically suitable for the type of development proposed in that
the proposed 10 single family units are within the density range allowed by
existing zoning and compatible with the pattern and scale of neighboring
development;
The design of the single family subdivision will not cause, significant
environmental impacts as documented in the Negative Declaration was
prepared for the project;
o
o
The design of the single family subdivision will not result in serious pubiic
health problems, would not be detrimental to the existing pattern of the
neighborhood and would result in development of single family homes
would be consistent with the~adjacent single family development in the area
in the neighborhood in that the project completes the land use pattern
established by the area; and
The design of the single family subdivision will not conflict with public
easements for access through the use of the property in that the resulting
lots would have frontage on a public street that allow for vehicular access
and utility service to a public street.
CONDITIONS FOR APPROVAL OF SUBDIVISION
525 SAN ANTONIO ROAD; 01-SUB-02
CONDITIONS FOR SUBDIVISION
GENERAL
Subdivider shall dedicate to City, pursuant to Program H-20 of the Comprehensive Plan
Below Market Rate (BMR) Program one lot identified as Lot No. 1 on the Tentative Map.
Subdivider shall be responsible at its own cost for construction of all public and private
improvements necessary for the development of the dedicated lot with one unit but not
including construction of the building. Upon recording of the final subdivision map, title to
the dedicated lot shall transfer to the City or its designee. A bond, or other appropriate
security acceptable to the City Attorney, may be required to guarantee completion of the
public and private improvements benefiting the dedicated lot.
Subdivider shall sign a BMR agreement with the terms prior to Council approval of the
Tentative Map and shall be incorporated into the conditions of approval for the Final Map
and into the Subdivision Agreement in a form satisfactory to the City Attorney’s Office.
Additional BMR fees for construction shall be payable upon development of the remaining
lots.
The project subdivision includes significant complexity involving, final map and.
coordination of infrastructure design and construction. Developer shall appoint a Project
Manager to coordinate with City, Public Works and Utility, engineering staff. Public
Works will conduct daily and longer-term communication with appointed project manager
in order to facilitate timely review and approval of design and construction matters.
The soil report prepared by the applicant’s geotechnical engineer indicates that the site has
ground water measuring as shallow as 71/2 feet deep. This will require subsequent builders
who intent to construct basements to submit a detail site specific soil report prepared by a
licensed soils or geo:technical engineer, which includes information on water table and
basement construction issues. This report shall identify the current groundwater level, if
encountered, and by using this and other available information, as well as professional
experience, the engineer shall estimate the highest projected ground-water level likely to be
encountered in the future. If the proposed basement is reasonably above the projected
highest water level, then the basement can be constructed in a conventional manner with a
subsurface perimeter drainage system.to relieve hydrostatic pressure. If not, Public Works
Engineering requires that structures (basements) be constructed in such a way that they do
not penetrate existing or projected ground water levels.
Provide Fire Department access road 20 feet in width with 13’6" vertical clearance. Road
to meet weight access (65,000 lbs.) and turning radius (40 ft.) requirements for fire truck.
City of Palo Alto Page 1
Road shall be all-weather and shall extend to within 150 feet of hose reach of any point on
the first floor exterior of all buildings. Parking will be allowed on only one side of the
street.
o The applicant is required to install "No Parking Any Time" signs and .poles per
Transportation Planning specifications. A "Stop" sign and Stop bar shall be installed at the
San Antonio road intersection.
PRIOR TO SUBMITTAL OF FINAL MAP
The applicant shall arrange a meeting with Public Works Engineering, Utilities
Engineering, Planning, Fire, and Transportation Departments after approval, of this map
and prior to submitting the improvement plans. These improvement plans must be
completed and approved by the City prior to submittal of a final map.
The applicant shall submit a final grading and drainage plan to Public Works Engineering.
This plan shall show spot elevations or contours of the site and demonstrate the proper
conveyance of storm water to the nearest adequate municipal storm drainage system.
Existing drainage patterns, including accommodation of runoff from adjacent~ properties,
shall be maintained. The revised plans shall incorporate a new manhole at the location of
the new catch basins. Permittee must obtain a gradin’g permit from the City of Palo Alto
Building Inspection Division.
The developer shall require its contractor to incorporate best management practices
(BMP’s) for stormwater pollution prevention in all construction operations, .in conformance
with the Storm Water Pollution Prevention Plan prepared for the project. It is unlawful to
discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or
other waste materials into gutters or storm drains. (PAMC Chapter 16.09).
Subdivision Agreement is required to secure compliance with condition of approval and
security of improvements onsite and offsite. No grading or building permits will be issued
until Final or Parcel Map is recorded with County Recorder.
o All sidewalks and curb and gutters bordering the project shall be repaired and/or removed
and replaced in compliance with Public Works approved standards. Sec. 12.08.010.
The unused driveways located along the frontage of the site shall be removed and replaced
with curb and gutter. Sec. 12.08.090.
All construction within the City right-of-way, easements or other property under City’s
jurisdiction shall conform to standard specifications of the Public Works and Utility
Department. Sec. 12.08.060.
City of Palo Alto Page 2
The Public Works Inspector Shall sign off the building permit prior to the finalization of
this permit. All off-site improvements shall be finished prior to this sign-off. Similarly, all
as-builts, on-site grading, drainage and post-developments BMP’s shall be completed prior
to sign-off.
The preliminary grading plans indicate that the spot elevations are based on an assumed
datum of 303.66. Public Works requires all infrastructure and grading plans to based on
the City Standard Datum (USGS).
UTILITIES
10.The subdivider shall coordinate with the Utilities Department to determine all utility design
and capacity requirements including water, sewer, gas, electric, telephone and cable
facilities. All new construction shall have underground utility, telephone and cable service.
The project shall be limited to single service laterals for each lot for sewer, water and gas.
Each parcel shall have separate electrical service. All utility plans shall be approved bythe
Utilities Department before the Parcel map is recorded.
11.The subdivider shall .submit improvement plans and specifications for all utility
construction. The plans must show the proposed alignment of water, gas, and sewer mains
and services within the development and in the public right-of-way.
12.The subdivider shall submit flow calculations which will show the off-site and on-site
water and sewer mains will provide the domestic water, fire flows and sewer capacity
needed to service the development and adjacent properties during anticipated peak flows.
BUILDING
13.The existing buildings on the site are to be removed prior to approval of the final~map. A
separate demolition permit is required for each building.
14.The name of the new street is to be approved by the City and the Building Inspection
Services Division shall assign the address numbers for each lot prior to approval of the
Final Map.
PRIOR TO RECORDATION OF FINAL MAP
The subdivider shall post a bond prior to the recording of the final parcel or subdivision
map to guarantee the completion of the "on" and "off" site condition(s) of approval. The
Planning, Utilities and Public Works Departments shall determine the amount of the bond.
PLANNING
City of Palo Alto Page 3
The subdivider shall enter into a subdivision agreement with the City of Palo Alto. The
agreement shall be recorded with the approved final map at the office of the Santa Clara
County Recorder and shall include the following agreements:
a)The subdivider shall be responsible for installing any required off-site improvements,
including utilities, to the satisfaction of the Utilities, Public Works, and Planning
Departments. These improvements shall be guaranteed by bond or other form of
guarantee acceptable to the City Attorney.
o
b)The subdivider shall grant the necessary public utility easements to the City forthe
location and maintenance of required utilities. The required easements shall be shown
on the face of the subdivision map.
The final subdivision map shall be filed with the Planning Division within two years of the
approval of the tentative subdivision map.
a)The final subdivision map shall provide for a 15-foot pedestrianYoicycle easement at
the terminus of the cul-de-sac and the adjoining pal alto Unified School district
property.
b)The Floor Area Ratio’s (FAR) shown for each parcel shall be removed from the final
map.
UTILITIES
All utility installations shall be in accordance with the City of Palo Alto Standard
Specifications and the Utility department Standard Conditions. The subdivider shall show
all utility easements prior to approval of the Tentative Map.
The subdivider shall be responsibIe for installing and upgrading on-site and off-site water
and sewer utilities as necessary to.handle anticipated peak loads. This responsibility
includes the cost of all associated utility installations/upgrades.
The subdivider shall pay all costs associated with the required improvements to off-site gas
mains. All improvements to the gas system shall be installed by the City of Palo Alto.
The subdivider shall be responsible for identification and location of all utilities, both
public and private, within the work area. Prior to any excavation work at the site, the
Permittee shall contact Underground Service Alert at (800) 642-2444, at least 48 hours
prior to beginning work.
o All on-site and off-site improvements, including the relocation of any existing utilities to
accommodate the project shall be done at the subdivider’s expense. The City will provide
one electric service to the new merged parcel.
City of Palo Alto Page 4
Attachment D
City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER
2
DEPARTI~Eh~F: PLANNING AND
COMMUNITY ENVIRONWIENT
DATE:
SUBJECT:
JULY 1, 2002 CM_R:319:02
525 SAN ANTONIO ROAD: REVIEW OF AN APPLICATION FOR
A TENTATIVE MAP TO SUBDIVIDE A 2.64-ACRE SITE INTO 10
SINGLE FAMILY LOTS.
RECOMMENDATION
Staff and the Planning and Transportation Commission recommend that the City Council
.approve the attached tentative map based on the attached findings (Attachment A) and
conditions (Attachment B).
The Subdivision Map Act requires the legisiative body to act ’within a specified time
frame from the recommendation of the Planning and Transportation Commission. This
application was continued from the City Council meeting of.April 4, 2002, to allow staff
to complete the Below Market Rate Agreement. The alternatives to the Council for
action on tS_is application are to approve, conditionally approve, or disapprove the
tentative map,
PROJECT DESCRIPTION :
The applicant has submitted an application for a tentative map to subdivide two parcels
consisting of a existing 2.64-acre site int6 10 single-family lots. The lots would be
accessed from San .Antonio Road by way of a new public right-of-way cul-de-sac)
constructed on the project site.
The site is currently occupied with the Peninsula Day Care and Children’s Christian
Center. The site contains a surface parking lot-fronting on San Antonio Road. The rest
of the site contains a large U-shaped building for the Day Care and Christian Centers, as
well as small accessory structures and children’s play areas. The owners of the property
anticipate continuation of the Day Care Center for at least the next 2 tO 5 years.
However, they want the option of developing the site for single-family lots.
CMR:319:02 Page 1 of 4
All existing~structures could remain until the final map is read?, for approval. However,
the Sfructures Would be required to be.i~;emoved prior to the Council approval of.the Final
Subdivision Mapi There are -no historic structures or significant trees that would be
impacted as a result of this subdivision.
The proposed Tentative Map. is consistent with the Comprehensive Plan Single Family
Residential land use designation and the CloT’s Zoning Ordinance for R-1 single family
residential. The subdivision would provide the foliowing single-family lot sizes: four
lots at 8,849 square feet; one 1or at 10,170 square feet; four tots at 1.0;252 square feet, and
one lot at 11,974 square feet. All of the lots would exceed the minimum 8,000 square-
foot lot size requirement for the R-1 (742) zone designation.
DISCUSSION
At’the-Commission meeting, the applicants addressed the issue reg.arding the continued
useof the site for child care..It is their desire to continue the.use-of the facility for as
long as they are"aSle to operate it until retirement., Or find a long-term lease agreement
with another chiIdcare operator to maintain the facility. Since the Commission’s
meeting, the staff and the applicant have pursued this-oppommity ~with potential
operators. Staff has met with existing childcare operators regarding the faciliU, on the
site. The discussions have explored both a lease and the purchase of the site for tong
term use as a childcare center. With the approval of the tentative map, staff Will continue
to work with the property owner.to pursue this course. " - "
~klthough the 2.64-acre site could yield a higher .number of residential ~nits through
multiple family densibk the .Comprehensive Pian and the zoning designations for the site
are for gingte family residential. The tentative map is Consistent with these land use
desig-nations. The area around the site is an existing Single-family r~sidentiil
neighborhood, and the applicant feels .’that this supports the compatibility of their
application with the existing residents near the site. The applicant has pursued the 10-lot
subdivision for these reasons, and the Findings for Approval support this applicatiom
The applicant has a~eed to comply with the City’s Below Market Rate (BMR) housing
pro~am (Comprehensive Pian Prod-ram H-20) through the dedication of one of-the ten
lots with the approval of the l~inal Map (Attachment D)I The 1or that will be dedicated
wilI be a comer lot, .numbered 1 onthe tentative map, with a lot gize of 11,640 square
feet. The City will determine the best use of this land for BMR purposes at a Iater date.
,Depending on the method of development (individually built homes or one or more
merchant builders), additional beIow-market-ram housing fees may also be .due when
homes are developed (see Attachment C).
BOAltD. AND COIvlMISSION RE~rfI[~~ ANDRECOMNIIENDAT!ONS
On February 13, 2002, th~ Planning and ~ran~p..~afion Commission (Commission)
~pp~ovm of the
ClVI~:3t9:02 .Page 2 of 4
tentative map. The COmmission’s discussion centered on two issues regarding the
subdivision for single-family homes. The first was the ultimate loss of a child care
facility, which, provides a needed service to the community, and reinforced through
Comprehensive Plan Policy C- 111 "Support and promote the provision of compre.hensive
child care services in PaIo Alto by public and private providers, including employees."
The second concern was the potential for the site to.yield additional housing units if it
was developed with. a multiple-family density~ Some Commissioners .felt that this option
should be explored further. However, because the subdivision is.’ consistent with the
Comprehensive Plan and the current R-1 zoning, this was not sufficient ~ounds to
recommend denial.
ENWIRONMENTAL REVIEW
The project is .subject to environmental review under provisions of the California
Environmental Quality Act (CEQA). An Initial Study and Negative Declaration were
prepared for the project.
ATTACI-IMENTS
Attachment A: Findings For Approval of Subdivision
Attachment B:Conditions For Approval of Subdivision
Attachment C:Below Market Rate A~eement
Attachment D:Planning and Transportation Commission Report of February 13, 2002
(without attachments)
Pianning and Transportation Commission minutes of February 13, 2002Attachment E:
Tentative Subdivision Map (Council Members only)
PREPAREDBY:
"~ " ~~"~-~ ~
~C>~rrent Planning Manger
DEPARTMENT HEAD REVIEW:
STEVE EMSLIE [
Director of Planning and Community Environment
Assistant City Manager
CMR:319:02 Page 3 of 4
cc: A&D. Protocol Transportation, c/o Mr. & Mrs. Herman Shaw, 525 Skn .4ntonio Road
_Palo.Alto,-CA 94306
Mr. Kenneth R. Schreiber,-AICP,Land .Use Planning Services,-432 ~Vebster ..Street,
..... Palo_.Alto~; CA..94301 ~ _ "
Mr.-and Mrs. Helene.&.ElIiot Katzen, 455 Ferne.Avenue, Paio ~lto, .CA 9430~
CMR:3 !9:02 Page 4 of 4
June 27, 2002
Cityot Palo Alto
Department of Planning and
Community Enviro~iment
ATTACHMENT C
Mr. and Mrs. Herman Shaw
A&D Protocol Transportation Inc.
525 San Antonio Road
Palo Alto, CA 94306
Re: Below Market Rate (BMR) A~ccmcm for 525 San _amtonio Road
Planning Division
Dear Mr. and Mrs. Shaw:
This letter summarizes the a~eement reached between you and the Planning Division
staff regarding satisfaction of the provisions of the City of Palo Alto Belo’a Market Rate
(BMR) Pro~am. The requirements for a BMR component .of a project are contained in
Pro~am 20 of the City of Palo Alto Housing Element. This letter relates to the proposed
10-lot subdivision at 525 San Anto~io Road herein after referred to as "the project".
You imend to obtain City Council approval of a fmal subdixdsion map for the proj ~ct that
will allow future sale of individual units. The terms of thi~ ietter of ageement shall be
incorporated into the Subdivision A~eement which ~mst be completed and signed
to the final map being considered by the City Council.
Lot Dedication
You a~ee to dedicate one of the 10 lots to the City of Pal0Al-t0. The lot you a~ee to
dedicate at the tinge ofparcet subdMsion is desi~ated Lot,#i, as shown on the tentative
map dated June 27, 2001. It is located in the southwest comer of the proposed .
subdivision and is 11,640 square feet in size. You also..a~ee.to extend utilities to the
BMR lot. The City shalldecide the details ofhow-to use this site.for maximum Blv~
benefit after the dedication is complete. .
Pawnent of Fees In-Lieu ofBnildin~ BMR Unit
The dedication of an unimproved lot does not provide an actual BMR unit, as would be
the case if you were both subdividing the land and developing it at this time. Therefore,
in addition to the dedication of Lot #1 to theCity of Palo Alto, as the lots are developed,
the payment of an additional in-lieu fee is required prio} to authorization of occupancy of
any unit. However, at present, the fee is not imposed for development of fewer than three
units; this exemption may, be eliminated or reduced in the future.
250 Hamilton Avenue
RO. Box 10250
Palo Alto, CA 94303
650.329.2441
650.329.2154 fax
2 of 2
27, 2002
If payment is not made prior to issuance of the building permit; then security shall be
posted for its payment.
The. fee shall be based on the higher of the following two values: the sales price .of the
nnii or the appraised value. The in-lieu fee rate will be assessed.on the rate in effect for
the B~vf[K pro~am at the time of construction, The Draft Housing Element proposes
7.5% of the sales price or appraised value: Any appraisal shall bepaid for by the
properO~ owner and the appraiser shall .be selected by.the City of Palo Aft% The sales
:pries or appraised valu% ~dll inolude all improvements including, but not limited to, add-
ons, options, fixtures, appliances, landscaping, equipment and fu_miture that the buyer
purchases from the developer, or its contractors, prior to dose of escrow ~nd transfer of
title, or occupanqy, in the event the developer retains ownership through occupancy. An
a~eemen~ ghdng.notice of ttiis fee requi~.ement shall be recorded a~ the time of final map
reoordafion.
Thank you for your-~ooperation during the.development of this
s~gn this letter where Shownbeiov¢ and renn-n to me indicating that we hav~. reached
a~eemen~ Y~ardingyour BIVIR contribution.
S TE~rEN R EMSL]~E
Direetor-
-DeparrmeN of Planning and Community Environment
I agree tO provide a Below Market Rate component to the.project at 525 SanAntonJo
Road as describedinthis letter dated Jnne 27, 2002.
I-le~rmaifghaw, on
A & D Proto~oI Transportation