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Home My WebLink AboutStaff Report 8257 City of Palo Alto (ID # 8257) City Council Staff Report Report Type: Action Items Meeting Date: 10/23/2017 City of Palo Alto Page 1 Summary Title: 3001 El Camino Real: Mixed Use With 19,800 Square Feet of Retail and 50 Residential Units Title: PUBLIC HEARING/QUASI-JUDICIAL: 3001 El Camino Real [16PLN-00097 and 16PLN-00220]. Recommendation on Applicant's Request for Approval of a Site and Design Review to Allow for Construction of a Four-story Mixed-use Development With 19,800 Square Feet of Retail and 30 Residential Units in the CS Zone as Well as a Three-story Multi-family Residential Building With 20 Units in the RM-30 Zone. The Project Also Includes a Request for Approval of a Preliminary Parcel Map for a Lot Merger to Allow for the Proposed Development, a Design Enhancement Exception, and a Parking Adjustment for Shared Parking. Environmental Assessment: A Draft Mitigated Negative Declaration(MND) was Circulated for Public Review on July 3, 2017 and the Circulation Reriod Ended on August 2, 2017. A Final MND is Available for review. Zoning District: CS (Service Commercial), RM-30 (Multi-family Residential), and R-1 (Single-family Residential) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council take the following action(s) regarding the proposed development at 3001 El Camino Real: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan prepared pursuant to the California Environmental Quality Act (CEQA); and 2. Adopt the Record of Land Use Action approving a Site and Design application, including a Director’s Parking Adjustment and Design Enhancement Exception, as well as a Preliminary Parcel Map for the merger of three parcels based on findings and subject to conditions of approval included in Attachment B. The Planning & Transportation Commission (PTC) and the Architectural Review Board (ARB) City of Palo Alto Page 2 have recommended approval of this project. Executive Summary The proposed project would construct two buildings with a total of 50 dwelling units and 19,800 square feet (sf) of retail space on the east side of El Camino Real between Olive Avenue and Acacia Avenue. The project would replace the existing two retail buildings totaling 9,100 sf that are currently occupied by Mike’s Bikes, as well as surface parking lots. A Preliminary Parcel Map is also required to merge three existing parcels to create the resulting parcel for the proposed development. The project as proposed requires two exceptions: 1) a Director’s Parking Adjustment for six shared parking spaces and one on-street loading space; and 2) a Design Enhancement Exception (DEE) to allow the below-grade garage and associated ramp to encroach five feet into the required 10-foot rear setback. The Preliminary Parcel Map, Director’s Parking Adjustment, and DEE Requests have been deferred to Council in accordance with PAMC 18.40.170, which allows all project components to be reviewed by the City Council when one of the applications is subject to Council approval. Because the project is a mixed-use project that includes more than nine residential units it is subject to Site and Design review, which requires Council’s decision on the proposed project. The project is subject to the El Camino Real Design Guidelines, South El Camino Real Design Guidelines, context-based design criteria (for both mixed-use and for multi-family residential, as applicable to each proposed building), as well as the Performance Criteria. The project would provide 50 market rate rental housing units on a housing inventory site that was projected to provide up to nine units in the City’s Housing Element. Background and Discussion On November 3, 2016, the Architectural Review Board (ARB) reviewed the proposed project and provided initial feedback on the Site and Design proposal in the form of a study session. A link to the staff report is available at http://www.cityofpaloalto.org/civicax/filebank/documents/54499. A transcript of the hearing is available at http://www.cityofpaloalto.org/civicax/filebank/documents/54892. On July 12, 2017, following circulation of the draft Mitigated Negative Declaration, the PTC reviewed the project and recommended approval to Council. A link to the PTC staff report is available at https://www.cityofpaloalto.org/civicax/filebank/documents/58657 and a transcript of the hearing is available at http://www.cityofpaloalto.org/civicax/filebank/documents/59548 City of Palo Alto Page 3 On August 17, 2017, the ARB completed a second formal review of the project and recommended that the project be continued, asking that the applicant return to address a list of specific changes identified by the board. A copy of the ARB staff report is available at http://www.cityofpaloalto.org/civicax/filebank/documents/59084. A transcript of the hearing is available at http://www.cityofpaloalto.org/civicax/filebank/documents/59388. On October 5, 2017 the ARB held a hearing for a third formal review of the project and recommended approval. A copy of the ARB staff report is available at http://www.cityofpaloalto.org/civicax/filebank/documents/59723. A video of the hearing is available at http://midpenmedia.org/architectural-review-board-71/. The applicant’s current proposal addresses prior comments made by the PTC and ARB and the analysis section below builds upon the information contained in earlier reports for those hearings with modifications to reflect recent project changes. The Record of Land Use Action has also been updated to reflect comments made by the PTC and ARB and to incorporate final conditions based on input from all departments. The proposed project includes a request for approval of a preliminary parcel map to merge three existing parcels into one 85,588 square feet (sf) parcel (1.97 acres) and to redevelop the resulting parcel with two buildings, a mixed-use development and a multi-family residential development. The resulting parcel would have split zoning, which requires each zoned portion of the lot to be developed based on the respective zoning. The portion of the lot along the El Camino Real frontage is zoned Service Commercial (CS) and includes a 49,927 sf area; a portion of the lot along Acacia Avenue is zoned medium density multi-family residential (RM-30) and includes 30,738 sf; and a portion of the interior of the lot that parallels Acacia Avenue is zoned single-family residential (R-1) and includes 4,930 sf. Attachment A includes a map of the proposed parcel with the zoning district boundaries. The project plans are included in Attachment I. The proposed mixed-use building would be located within the CS zone and the multi-family residential building would be in the RM-30 zone. No buildings are proposed in the R-1 zone. The CS building along El Camino Real would be four-stories with 36 surface parking spaces and one level of below-grade parking with 116 spaces. This building would have 30 residential units and 19,798 sf of ground-floor retail. The second building, located within the portion of the parcel zoned RM-30, would be three-stories and include covered, partially below-grade parking (29 spaces) and surface parking (8 spaces) for 20 residential units. This development backs up to single-family homes for the length of the parcel and allows for an access easement through the property to enter the Fry’s site at the northeast edge of the subject property. Based on final coordination with the City of Palo Alto Utility Division, some refinements to the species and exact placement of street trees selected along Acacia may be necessary to ensure City of Palo Alto Page 4 the protection of existing utilities that will remain. This is addressed as a utilities condition of approval in Attachment B. Consistency with the Comprehensive Plan, Area Plans and Guidelines1 The subject site has a split land use designation of Service Commercial; Multiple Family Residential; Single Family Residential. The proposed project components are consistent with the land use descriptions outlined in the Comprehensive Plan Land Use and Design Element for each respectively designated area of the site. The draft findings in Attachment B include a consistency analysis with specific goals and policies outlined in the Comprehensive Plan. As detailed in Attachment B, staff finds that on balance, the project is consistent with the Comprehensive Plan. South El Camino Real and El Camino Real Design Guidelines The project site is located within the California-Ventura corridor area and is identified as a Cal- Ventura strategic site in the South El Camino Real Design Guidelines. The guidelines note that development of mixed uses in this area along the eastern El Camino Real frontage should accommodate pedestrian activity with attractive sidewalks and landscaping. New buildings should front El Camino Real with prominent facades and be clearly visible and easily accessible to pedestrians. As detailed in the Architectural Review findings in Attachment B, the proposed project is consistent with both the South El Camino Real Design Guidelines and the El Camino Real Design Guidelines. Bicycle and Pedestrian Transportation Plan The location, use, and required off-site improvements associated with the proposed project are consistent with the goals of the City’s 2012 Bicycle and Pedestrian Transportation Plan (BPTP). The City’s BPTP goals include converting discretionary vehicle trips to walking and biking trips as a mechanism to reduce greenhouse emissions by 15 percent and doubling rates of bicycling and walking. Mixed-use development located near transit (0.5 miles from Caltrain and 600-2,000 feet from several bus stops including VTA Route 22, 101, 102, 103 and the Dumbarton Express line DB-1) and housing allows persons to access a greater share of destinations while reducing the need for single-occupancy vehicle trips. Direct pedestrian connectivity from the public sidewalk is provided for both commercial and residential uses, promoting increased bicycle and pedestrian use both from residents and those accessing the site from surrounding areas. Zoning Compliance2 Staff has performed a detailed review of the project’s consistency with applicable zoning standards. Summary tables comparing the project to zoning requirements for the CS and RM-30 1 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 2 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca City of Palo Alto Page 5 zoning districts are provided in Attachments C and D, respectively. The project complies with all applicable codes, or is seeking, through the requested permits, permission to deviate from certain code standards in a manner that is consistent with the Zoning Ordinance, as discussed below. Although a portion of the proposed site is zoned R-1, no buildings are proposed within this site area; therefore, no summary table is provided for this zoning. Landscaping and landscape features are allowed within required setbacks and are consistent with zoning code requirements. Staff finds that with approval of the requested parking adjustment and DEE, the project would be consistent with the zoning code. Context-Based Design Criteria The proposed development requires that the City make the findings outlined in PAMC Section 18.16.090, Context-Based Design Criteria, for the CS building and the findings outlined in 18.12.060, Multi-family Context-Based Design Criteria, for the RM-30 building. A detailed review of the proposed project’s consistency with these context-based design criteria has been performed. Summary tables comparing the proposed project to these criteria are provided in Attachment E. Staff finds that the proposed project is consistent with the context-based design criteria. Performance Criteria Because the proposed mixed-used development would be located within a CS zone, this portion of the development would be subject to the performance criteria outlined in Section 18.23 of the Palo Alto Municipal Code (PAMC). An analysis of the project’s consistency with the performance criteria is included in Attachment F. As discussed above, the applicant is seeking a DEE to allow for the ramp to be located 5 feet from the property line where the performance criteria require a 10 foot landscape strip. With the granting of the Design Enhancement Exception to allow for this reduced setback, staff finds that the project, on balance, is consistent with the performance criteria. Summary of Key Issues Design Enhancement Exception The proposed building in the CS zone is set back substantially (between 75 to 90 feet) from the rear lot line and areas of the site within a different zone district. However, the below grade parking garage and associated ramp is located five feet from a lot line where a 10-foot setback is required in accordance with PAMC Section 18.16.060. In addition, PAMC Section 18.23.050(B)(vi) requires that a minimum 10-foot planting and screening strip be provided abutting a low density residential district. Placement of the parking garage ramp within the required setback allows for only a 5-foot setback and planting strip along a portion of the site between the CS and R-1 zone districts. City of Palo Alto Page 6 To approve the Design Enhancement Exception, Council must make the findings for approval for the exception, as outlined in PAMC 18.76.050. The location/design of the roundabout allows cars to enter from Olive Avenue but does not allow cars exiting below-grade parking to exit toward Olive Avenue. Only a car parked in one of the 28 surface parking spaces adjacent Olive Avenue would be allowed to exit onto that street. This parking lot circulation design reduces traffic on Olive Avenue, adjacent to single-family residences and also allows for underground parking to reduce visual impacts of surface parking along El Camino Real as well as allowing for a design that eliminates all curb cuts along El Camino Real. Staff finds that the findings for approval of this DEE can be made; the draft findings for approval of the DEE are included in Attachment B. Parking The project is seeking a Director’s adjustment to allow for six shared parking spaces in accordance with PAMC Section 18.52.050. The shared parking adjustment would allow shared use of four guest parking spaces with retail commercial uses and two at grade parking spaces to be restricted during trash pickup hours, which would occur in the morning, outside of peak periods. The total shared parking reduction would be three percent. The Parking Management Plan in Attachment G shows that based on parking demand throughout the day for each use, the total number of spaces provided will be effective in providing sufficient parking. In addition, the applicant is requesting a Director’s adjustment to allow for one on-street loading space. The site design, which places parking where it would be less visible from El Camino Real and reduces vehicle trips out to Olive Avenue, would make circulation of larger trucks on-site infeasible. Parking spaces would need to be further restricted during morning loading/unloading hours and trucks would have to back up into the site, which could result in noisy back-up beepers going off during morning hours. Policy L-77 encourages alternatives to surface parking lots to minimize the amount of land that must be devoted to parking, provided that economic and traffic safety goals can still be achieved. The location of one shared loading space off-site on Acacia would be consistent with this goal because it would devote less land to parking. Loading would be restricted to non-peak business hours for both the project site and adjacent commercial activities to ensure that economic and safety goals can still be achieved. With approval of the Director’s parking adjustment for shared use parking and on-street loading, as allowed in accordance with 18.52.050, the project would be consistent with municipal code requirements for vehicle parking and loading. Although the applicant is not requesting a parking reduction based on reduced trips, because a parking adjustment is requested, a Transit Demand Management Plan will be required as a condition of approval in accordance with PAMC 18.52.030(i). One member of the public commented that the existing surface parking adjacent the Fry’s site is currently utilized and therefore should be replaced. The existing surface parking along El City of Palo Alto Page 7 Camino Real is roped off and is not currently used. Although the lot adjacent the Fry’s site is often used by adjacent commercial and retail uses, is not required parking for any adjacent development and is therefore not required to be replaced. Public Comment During the first formal hearing with the ARB, one member of the public expressed concerns regarding the displacement of parking from the existing at grade parking lot and concerns regarding massing along the El Camino Real façade. The commenter asked that more attention be made to the façade to make it more attractive and break up the vertical facade. During the formal PTC hearing on July 12, 2017 one member of the public, whom identified herself as a nearby resident on Olive Avenue, expressed concerns about the size of the project, noting that she felt that the project was too large based on the size of the lot. She also expressed more general concerns about the City’s follow up on development projects in the area to ensure that requirements (e.g. landscaping) are being maintained and the fact that parcels along Olive Avenue should be allowed to rezone to multi-family residential. During the second formal ARB hearing one commenter noted concerns about added traffic in this area and encouraged the placement of driveway entrances on side streets, away from El Camino Real. The commenter also noted that the accents of the building should be less vertical and asked for as much landscaping as possible on El Camino Real. More vegetation was added in planters in response to this comment and comments from the ARB. The project is already designed to eliminate existing curb cuts on El Camino Real and driveway entrances and exits are placed on side streets. Design changes to create a stronger base, body, and roof were incorporated throughout the process and the final design was approved by the ARB. No public comments were received at the final ARB hearing. Policy Implications The development would include a total of 50 units with more than two-thirds of the proposed units being smaller (approximately 550 to 750 square feet) and therefore, presumably commanding a lower rent than the other larger units. Proposed housing supports the Comprehensive Plan Goal of providing housing to support the City’s fair share of regional housing needs and the location of this housing within the proximity of job opportunities within the City (including the 10-story Palo Alto Square office complex and Stanford Research Park) is consistent with the City’s goal of improving the existing job/housing imbalance in Palo Alto. Moreover, the proposed project is located on a Housing Inventory Site (HIS) which was projected to provide a maximum yield of nine units (only one of the three parcels was listed as a HIS), and the project proposes 50 units, more than five times the anticipated number. As rental housing, the project is not subject to the City’s inclusionary requirements for affordable housing; thus the project is not required to include deed-restricted affordable units. City of Palo Alto Page 8 Nonetheless, the project consists of smaller rental units, and will contribute to the City’s affordable housing funds through payment of impact fees. The project is adjacent to the large parcel commonly referred to as the “Frys site” and to an area that is proposed for development of a coordinated area plan using grant funds available to Priority Development Areas. The project site is not within the Priority Development Area and thus will not be part of that planning area, nonetheless, the coordinated area plan is expected to assess opportunities for connections to adjacent areas and the El Camino Real transit corridor. Resource Impact There are no fiscal or budgetary impacts to the City associated with this private development. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the City’s environmental regulations. Specifically, a Draft Mitigated Negative Declaration was circulated on July 3, 2017 and was circulated for a 30 day period through August 2, 2017. Three comments were received during the circulation period. These included letters from the Native American Heritage Commission, the California Department of Transportation, and the County of Santa Clara Roads and Airports Division. Although not required, a formal response to comments was prepared to address comments from these agencies. Responses to comments are included in Appendix G of the environmental document. The Final Mitigated Negative Declaration as well as the Final Mitigation Monitoring and Reporting Plan is included in Attachment H. Mitigation has been included, in particular, to address construction noise, construction over the California-Olive-Emerson plume, and pedestrian circulation. Construction or in-lieu payment of a crosswalk across El Camino Real would be required. Attachments: Attachment A: Location Map (PDF) Attachment B: Record of Land Use Action (PDF) Attachment C: CS Zoning Consistency (DOCX) Attachment D: RM-30 Zoning Consistency (DOCX) Attachment E: Context-Based Design Criteria (DOCX) Attachment F: Performance Criteria (DOCX) Attachment G: Parking Management Plan (PDF) Attachment H: Environmental Analysis (DOCX) Attachment I: Project Plans and Preliminary Parcel Map (DOCX) Attachment J: Public Comment (PDF) 35 20 4 18 20 10 35 10 35 50 110.0'110.0' 150.0'191.7' 95.8' 109.9' 47.9' 705.1' 47.9' 150.0' 199.7' 149.7' 65.6' 149.7' 65.7' 199.7' 50.0' 199.7' 50.0' 199.7' 50.0' 199.7' 50.0' 50.0' 150.0' 50.0' 150.0' 49.9' 150.0' 49.9' 150.0' 100.0' 149.8' 150.0' 149.8' 150.0' 100.0' 40.0' 149.7' 200.0' 49.9' 150.0' 199.7' 10.0' 49.9' 150.0' 49.9' 150.0' 200 50.0' 200.0' 198.3' 100.0' 199.7' 105.3' 144.3' 58.1' 68.3' 590.8' 705.1' 90.0' 100.0' 40.0' 100.0'50.0' 199.7' 276.0' 100.0' 242.1' 29.5' 54.7' 26.3' 200 50.0' 200.0' 119.7' 50.0' 119.7' 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Day Care 3 4 Fry's Electronics A B Palo Alto Square 2 PARKING GARAGE PF CN M-40 PC-4354 PC-4463 PC-4637 PC-2952 RM-30 R-1 GM CS CS ROLM CS RP GM C-4831 CS(D) 3225 3239 3255 3295 455 3305 3337 3339 3150 3170 3200 3300 447 3375 3345 417 429 451 441 431 421 411 405 399 3159 411 435 3250425 435 3200 455 460 3200 3201 395 385 375 450 430 400 425 32753261 3251 220 230 336 340 370 380 3101 210 365 345 315 305 295 285 245 265 275 3040 400 402 404 408 411 423 433 420 441 430 440 450 460 471 461 451 4702805 2865 2875 412 420 430 440 450 451 441 431 421 411 2904 456 470 471 461 2999 2951 2905 461 2755 3000 3017 3001 412 410 2701 404 345 3128 755 406 3127 600 3111 473 435 3225 440 31802700 620 630 360 200 429 660 445 481 3215 3275 3327 3399 601 3333 3201 3051 3101 3160 2790 2705 3260 419 2825 3265 LAMBERT AVENUE EL CAMINO REAL HANSEN WAY EL CAMINO REAL SHERIDAN AVENUE SHERIDAN ASH STREET ACACIA AVENUE PORTAGE AVENUE OLIVE AVENUEPEPPER AVENUE ASH STREET PAGE MILL ROAD E MILL ROAD EL CAMINO REAL PAGE MILL ROAD EL CAMINO REA L EL CAMINO REAL EL CAMINO REAL This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Zone District Boundaries 3001 El Camino Real (Project Site) abc Zone District Labels 0'250' 3001 El Camino Real Proposed Site Parcel with Zoning Districts Area Map CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto RRivera, 2016-10-05 14:08:323001 ECR CH (\\cc-maps\gis$\gis\admin\Personal\RRivera.mdb) Attachment A Attachment B APPROVAL NO. 2017-__ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 3001 EL CAMINO REAL: SITE AND DESIGN REVIEW, PRELIMINARY PARCEL MAP, DESIGN ENHANCEMENT EXCEPTION, PARKING ADJUSTMENT, MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PLAN [FILE NOs. 16PLN-00097 and 16PLN-00220] On October 23, 2017, the City Council adopted the Mitigated Negative Declaration and Approved the Mitigation Monitoring and Reporting Program; the Preliminary Parcel Map for the merger of three lots; the Site and Design Review to allow demolition of two existing structures total 9,100 sf and construction of two buildings totaling 49,494 square feet (sf) of multi-family residential housing and 19,800 sf of retail space with both below and at-grade parking located at 3001 El Camino Real; the Design Enhancement Exception; and a parking adjustment making the following findings, determination and declarations: SECTION 1. BACKGROUND. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On June 21, 2016 The Sobrato Organization applied for a Preliminary Parcel Map [16PLN- 00220] for the development of a 1.97 acre parcel. B. The project site is comprised of three lots (APN Nos. 132-37-055; 13-37-056; and 132-38- 072) that are 0.32 acres, 0.33 acres, and 1.32 acres, respectively. The site contains two structures currently used for retail. Single family residential land uses are located to the northeast. Other surrounding uses include office, retail, and commercial recreation uses. C. On March 15, 2016 The Sobrato Organization applied for a Site and Design Review [16PLN- 00097] to allow demolition of two existing structures totaling 9,100 square feet and to construct one new three story, 20 unit multi-family residential building with partially below-grade parking and one new four-story mixed use building with 30 residential units totaling 19,800 square feet of floor area with below and at-grade parking and other site improvements. D. Staff has determined that the proposed project is in compliance with the applicable CS, RM- 30, and R-1 development standards, as applicable to each portion of the site. E. Following staff review, the Planning and Transportation Commission reviewed the project and considered the draft Mitigated Negative Declaration (MND) and draft Mitigation Monitoring and Reporting Plan (MMRP) and recommended adoption of the MND, approval of the MMRP, and approval of the Site and Design on July 12, 2017 subject to conditions of approval. F. Following staff and Planning and Transportation Commission review the Architectural Review Board (ARB) reviewed the project and considered the draft Mitigated Negative Declaration (MND) and draft Mitigation Monitoring and Reporting Plan (MMRP) and recommended adoption of the MND, approval of the MMRP, and approval of the Site and Design and Design Enhancement Exception on October 5, 2017 subject to conditions of approval. G. On October 23, 2017, the City Council reviewed the project design and the MND and MMRP. After hearing public testimony, the Council voted to approve the Site and Design, Preliminary Parcel Map, Design Enhancement Exception, and Parking Adjustment subject to the conditions set forth in Section 7 of this Record of Land Use Action. SECTION 2. ENVIRONMENTAL REVIEW. In conformance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was adopted and Mitigation Monitoring and Reporting Plan approved by the City Council on October 23, 2017. The Mitigated Negative Declaration concluded that the proposed project would not have a significant effect on the environment with mitigation as proposed. The MND is available for review in Attachment H and all mitigation measures as stated in the approved Mitigation Monitoring and Reporting Program (MMRP) have been incorporated into the conditions of approval. The MMRP is included in Exhibit A of this Record of Land Use Action. SECTION 3. SITE AND DESIGN OBJECTIVE FINDINGS. The project is consistent with the Site and Design Objective Findings outlined in Chapter 18.30(G).060 of the PAMC. Objective (a): To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. The proposed project is consistent with Objective A because the proposed use of the site is consistent with the goals and policies outlined in the Comprehensive Plan for this particular area of the City and the proposed uses are consistent with permitted uses within each of their respective zone districts on this split-zoned site. The proposed project eliminates light spillover to adjacent residences; screens mechanical equipment, trash, etc., placing it away from adjacent residences; and places most parking underground. It provides ample open space and screening between adjacent uses and the El Camino Real frontage encourages pedestrian and bicyclist activity. The frontage of both sites is articulated with setbacks, changes in height, and changes in material in order to reduce massing, incorporate and highlight natural elements from nearby sites, and to provide appropriate transitions both along the frontage and between the site and adjacent single family residential uses. Objective (b): To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas. The proposed project is consistent with Objective B because it includes retail uses on the ground floor close to adjacent office uses and also provides housing, placing residents in close proximity to office uses, commercial recreation uses, and retail both on and off-site. Objective (c): To ensure that sound principles of environmental design and ecological balance shall be observed. The proposed project is consistent with Objective C in that the project use encourages pedestrian and bicycle activity, and situates both housing and additional retail in a location close to extensive transit opportunities as well as adjacent retail and office uses, which helps to reduce vehicle trips. The building is also designed to comply with Calgreen plus Tier 2 requirements and all plants will be drought resistant. The project will comply with C3 and MWELO requirements. Although several trees on site are planned to be removed, these will be replaced in kind in a manner that creates functional open space area for retail users and residents. More than three times the existing number of trees will be added. None of the trees planned for removal are protected. Existing mature street trees along El Camino Real and Olive Avenue would be retained and protected during construction. Objective (d): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. The proposed project is consistent with Objective D because the project promotes medium density residential development within the El Camino Real corridor and areas in close proximity to transit. As outlined in Table 1 below, the project is consistent with several policies and goals outlined in the Housing Element, Natural Element, Land Use and Design Element, and Transportation Element. With implementation of conditions of approval, which require design features to reduce exposure to air contaminants from the California-Olive-Emerson plume and air contaminants from vehicles and generators on El Camino Real, the project would be consistent with Policy N-29, which requires that toxic air contaminants be mitigated. Therefore, the proposed use of the site, with the conditions of approval, is consistent with the Comprehensive Plan. Table 1: Comprehensive Plan Analysis Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is split between Service Commercial, Multi-family Residential, and Single-Family Residential The project adheres to the Comprehensive Plan by providing mixed use development and multi-family housing in a transit-oriented area and providing high quality design and public amenities that improve the aesthetic quality and vitality of the area, as discussed in further detail below. Housing Element Policy H2.1: Identify and implement strategies to increase housing density and diversity, including mixed-use development and a range of unit styles, near community services. Emphasize and encourage the development of affordable and mixed-income housing to support the City’s fair share of the regional housing needs and to ensure that the City’s population remains economically diverse. The proposed development includes both a mixed-use building along El Camino Real and an exclusively multi- family residential building at the rear of the lot. The development would include a total of 50 units with more than two-thirds of the proposed units being smaller (approximately 550 to 750 square feet) and therefore, presumably commanding a lower rent than the other larger units. Land Use and Community Design Element Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due their size and scale. The project maintains the appropriate scale and character based on the respective zoning for each building. It has appropriate density for each site and includes mixed use along the El Camino Real corridor and multi-family development along Acacia in close proximity to Caltrain. The Cal-Ventura area in which this development is located is specifically identified in the Comprehensive Plan as being an ideal location for mixed- use and multi-family residential development. The retail tenants are within walking distance to nearby residential neighborhoods and office locations. The project has been designed to be compatible with adjacent single-family residential uses by concentrating the bulk and mass of the building toward El Camino Real, consistent with the El Camino Real Design Guidelines and zoning code build-to-line requirements, and set back Policy L-9: Enhance desirable characteristics in mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development Policy L-12: Preserve the character residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures Policy L-17: Treat residential streets as both public ways and neighborhood amenities. Provide continuous sidewalks, healthy street trees, benches, and other amenities that favor pedestrians 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. substantially from the rear neighbors. Easy pedestrian and bicyclist access is provided to both residential and retail uses along El Camino Real to encourage alternate transit in a transit-oriented area. The project improves street trees and provides improved sidewalks and bulb outs. It would be required to provide a crosswalk across El Camino Real. The project includes pedestrian amenities that create public spaces to sit and rest at each corner of the development and vehicle access to the site is oriented away from El Camino Real in accordance with City and Caltrans goals. Attractive and inviting small plazas that are open to the public are included at each corner of the development and vehicle access to the site is oriented away from El Camino Real in accordance with City goals. The project has been designed to highlight natural materials (i.e. wood) and the colors are subdued in accordance with the El Camino Real Design Guidelines. Therefore, the project is consistent with these Land Use Element Comprehensive Plan policies. 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. Goal L-9: Attractive, inviting public spaces and streets that enhance the image and character of the City. Transportation Element Goal T-1: Less Reliance on Single-Occupant Vehicles. The project provides for all of its auto parking needs with the approval of shared parking, is located next to transit, supports walking due to having a mix of local and regional serving retail tenants near residential neighborhoods. Easy pedestrian and bicyclist access is provided to both residential and retail uses along El Camino Real to encourage alternate transit in a transit-oriented area. Policy T-1: Make land use decisions that encourage walking, bicycling, and public transit use. Goal T-3: Facilities, services and programs that encourage and promote walking and bicycling. Local serving retail immediately adjacent to residential neighborhoods can increase walking and bicycling by its proximity and easy access. Bicycle parking is also required as part of the project. Provision of bicycle parking spaces supports increasing bicycle trip mode share. In addition, a space for the future bike share location is provided. The proposed project would include improvements to sidewalks, street trees, and public spaces and would also provide pedestrian amenities. Site lighting would also be updated, which in turn would promote an improved pedestrian environment. Policy T-14: Improve pedestrian and bicycle access to and between local destinations, including public facilities, schools, parks, open space, employment districts, shopping centers, and multi-modal transit stations. Policy T-19: Improve and create additional, attractive, secure bicycle parking at both public and private facilities, including multi-modal transit stations, on transit vehicles, in City parks, at public facilities, in new private developments, and other community destinations. Policy T-20: Improve maintenance of bicycle and pedestrian infrastructure. 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. Natural Environment Element Goal N-4: Water Resources that are Prudently Managed to Sustain Plant and Animal Life, Support Urban Activities, and Protect Public Health and Safety. The project is required to comply with the NPDES Stormwater Permit and includes bio-retention areas for stormwater management. Policy N-21: Reduce non-point source pollution in urban runoff from residential, commercial, industrial, municipal, and transportation land uses and activities. SECTION 4. ARCHITECTURE REVIEW BOARD FINDINGS. The design and architecture of the proposed improvements, as conditioned, complies with the Findings for Architectural Review as required in Chapter 18.76 of the PAMC. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The project is consistent with Finding #1 because: The proposed use of each building is consistent with the permitted uses for each respectively zoned area of the site. With the exception of the Design Enhancement Exception and Director’s shared parking adjustment requested in accordance with the municipal code allowances, the project is consistent with the applicable development standards for each zone district. There are no applicable coordinated area plans that have been adopted that would apply to the subject property. The project is consistent with applicable design guides, including the Context-Based Design Criteria as well as the South El Camino Real Design Guidelines and El Camino Real Design Guidelines. The map and proposed improvements are consistent with several Comprehensive Plan goals and policies outlined in the Housing Element, Land Use and Design Element, Transportation Element, and Natural Element as discussed in Table 1 above. The project promotes medium density residential development within the El Camino Real corridor and areas in close proximity to transit (bus and Caltrain). The design of the development is consistent and compatible with applicable elements of the City’s Comprehensive Plan in that the project will include high quality design compatible with surrounding development. More specifically, the Cal-Ventura area in which this development is located is specifically identified in the Comprehensive Plan as being an ideal location for mixed-use and multi- family residential development. The project has been designed to be compatible with adjacent single-family residential uses by concentrating the bulk and mass of the building toward El Camino Real, consistent with the El Camino Real Design Guidelines and zoning code build-to-line requirements, and set back substantially from the rear neighbors. Easy pedestrian and bicyclist access is provided to both residential and retail uses along El Camino Real to encourage alternate transit in a transit-oriented area. These areas include pedestrian amenities that create public spaces to sit and rest at each corner of the development and vehicle access to the site is oriented away from El Camino Real in accordance with City goals. The project has been designed to highlight natural materials (i.e. wood) and the selected colors are not bright, in accordance with the El Camino Real Design Guidelines. Therefore, the project is consistent with the Comprehensive Plan, Zoning code, and applicable design guides. 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 proposes merging three parcels into a single parcel and redeveloping the resulting parcel with a mixed-use retail/residential building as well as a multi-family residence. The frontage along El Camino Real incorporates pedestrian amenities including benches built into planters and open gathering areas at entrances to the retail and residential use that are desirable for occupants and visitors. The project materials incorporate inspiration from the large redwood trees on neighboring properties by highlighting wood as a material throughout the buildings. It preserves all mature trees along the main El Camino Real frontage, which helps reduce massing of the proposed project. The proposed project is also consistent with the context-based design criteria, performance criteria, South El Camino Real Design Guidelines, and El Camino Real Design Guidelines, which are all applicable to the proposed project, as outlined in the body of the staff report and Attachments H and I of the staff report. The project has substantial setbacks between the main building and the single-family residential uses and the design takes into account the unique three-way split zoning of the site by providing appropriate uses and applying applicable development requirements within each respectively zoned area of the project site. The project enhances living conditions on the site by providing appropriate and usable open space areas for both developments and connects the two buildings to provide shared open space areas across the site. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project is consistent with Finding #3 because: The design is of high aesthetic quality, providing pedestrian amenities and gathering areas across the site. It integrates natural materials inspired by adjacent natural features (i.e. mature redwood trees). The materials are of a high quality and the selected colors are not bright, in accordance with the El Camino Real Design Guidelines. Individual entries and detailed materials reinforce the pedestrian scale. Proposed landscaping enhances both the streetscapes and transitions between adjacent residential uses. The design is compatible with the immediate environment of the site. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The project is consistent with Finding #4 because: The proposed project eliminates at grade parking and curb cuts along El Camino Real and provides parking below-grade or at grade but not visible from El Camino Real, which is consistent with City goals. Vehicular access to the property and circulation are respectful of these goals and also reduces traffic adjacent single-family residences. Pedestrian oriented features have been incorporated into the frontage of both buildings and access to both retail and residential uses has been provided from El Camino Real. Access for pedestrians and cyclists is convenient and safe. The project would not impact the potential for a future Class II bicycle path along El Camino Real but would provide, in accordance with Mitigation Measure (MM) T-1, improved pedestrian access from the new residential and retail uses to other retail, commercial recreation, and office uses across El Camino Real along this block. The project is designed to provide shared open space to residents across the site but provides sufficient open space to meet all code requirements for each respectively zoned area of the site. Specific signage is not proposed as part of the project; however, the proposed concept for signage shows that it would be pedestrian oriented. 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: Natural features are appropriately preserved and integrated with the project in that the existing street trees along El Camino Real and Olive Avenue consists of mature trees. This site asset will be preserved in the new design. Additional landscaping will be provided throughout the site and particularly along shared property lines with adjacent single-family residential uses to provide appropriate screening. The building materials, textures and colors are complimentary to the environmental setting and the landscape design utilizes drought tolerant and native plants that are appropriate to the site. Exterior pathways connect one building to another and provide outdoor areas throughout the site that are functional and serve as gathering places for residents and retail users. These outdoor areas are compatible with the buildings and natural features of the site. Approximately seventy percent of the plants proposed would be indigenous as shown on Sheet L4.11 of the project plans. Those species that are not indigenous to the area, such as specific succulents or the vines over the arbor in the parking lot, were selected to provide more evergreen foliage with color and texture accents while still maintaining low water use. The native species selected as well as the few non-native species selected are suitable and adaptable to the site, capable of being properly maintained, and are of a variety that would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance. The extensive number of proposed trees would provide desirable habitat for avian species. 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. The project will use low water-use, drought resistant plants and will comply with C3 and MWELO requirements. SECTION 5. PRELIMINARY PARCEL MAP FINDINGS. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474): 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan, as discussed further below. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: The map and proposed improvements are consistent with the Comprehensive Plan and no specific plans are applicable to the project site. Merging the three parcels allows for use of the site for a development that increases the City’s housing inventory on a site that was identified as a Housing Inventory Site. The project promotes medium density residential development within the El Camino Real corridor and areas within the 0.5 miles of the Caltrain station. The design of the development is consistent and compatible with applicable elements of the City’s Comprehensive Plan in that the project will include high quality design compatible with surrounding development. More specifically, the Cal-Ventura area in which this development is located is specifically identified in the comprehensive plan as being an ideal location for mixed-use and multi-family residential development. The project has been designed to be compatible with adjacent single-family residential uses by concentrating the bulk and mass of the building toward El Camino Real, consistent with the El Camino Real Design Guidelines and build-to-line requirements, and set back substantially from the rear neighbors. Easy pedestrian and bicyclist access is provided to both residential and retail uses along El Camino Real to encourage alternate transit in a transit-oriented area. These areas include pedestrian amenities that create public spaces to sit and rest at each corner of the development. Vehicle access to the site is oriented away from El Camino Real in accordance with City and Caltrans goals. The project has been designed to highlight natural materials (i.e. wood) and the colors are subdued in accordance with the El Camino Real Design Guidelines. Therefore, the project is consistent with the Comprehensive Plan. Specific policies and goals with which the project would be consistent are included in Attachment C of the staff report. 3. That the site is not physically suitable for the type of development: The siting of the new mixed use and multi-family residential buildings is consistent with uses encouraged in the Comprehensive Plan for this area and are permitted uses within their respectively zoned portion of the site. The subject property is located within the Cal-Ventura area. As stated in the Comprehensive Plan, the California Avenue/Ventura Area (Cal-Ventura) has an established pattern of mixed use, with service commercial, light industrial and housing. Continued mixing of land uses is encouraged. The Comprehensive Plan also states that the proximity of this area to transit and services makes it an excellent location for both housing and commercial uses. In addition, the project site is a housing inventory site as identified in the City’s adopted Housing Element. The lot merger would allow for the development to not only meet but exceed the housing inventory allocation for this site, contributing positively to a reduction in the jobs/housing imbalance in the City. 4. That the site is not physically suitable for the proposed density of development: The proposed density is consistent with densities outlined for multi-family uses in the Comprehensive Plan. Specifically, The Comprehensive Plan Land Use and Design Element notes that the permitted number of housing units for Multi-Family Residential land use will vary by area, depending on existing land use, proximity to major streets and public transit, distance to shopping and environmental problems. Net densities range from 8 to 40 units. Density should be on the lower end of the scale next to single family residential areas. The proposed project, at a density equivalent to 28 units per acre, is consistent with the density allowances for this land use designation. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: This merger will not cause environmental damage or injure fish, wildlife, or their habitat. The project site is located within a developed area. The nearest water feature is Matadero Creek, located over 750 feet west of the project site. There is no recognized sensitive wildlife or habitat on the project site or in the immediate project vicinity. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The merging of three parcels to create one combined parcel for a mixed-use and multi-family development will not cause serious public health problems, because the site is designated for such permitted uses. The site is located within the California-Olive-Emerson (COE) plume; however, implementation of the Mitigation Monitoring and Reporting Plan as well as the conditions of approval outlined in Section 7 would ensure that, potential impacts associated with earth disturbing activities in the plume would not result in health impacts to existing or future residents within the area. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There is a City of Palo public utility easement along the property line between the CS portion of the site and the adjacent single family residence. The ramp would be partially located within this easement. This easement currently provides power to the existing retail at the project site. However, as a condition of approval of the preliminary parcel map this easement would be vacated. A new easement from Acacia Avenue to a preferred central location would provide power to the resulting parcel. Therefore, the proposed preliminary parcel map would not conflict with any easements acquired by the public at large for access through or use of property within the subdivision. SECTION 6. DESIGN ENHANCEMENT EXCEPTION FINDINGS. In order for Council to approve a design enhancement exception, the project must comply with the following Findings for a Design Enhancement Exception as required in Chapter 18.76.050 of the PAMC. The proposed design enhancement is requested to allow for the location of the garage ramp leading to the below grade parking garage to be located five feet from the property line where a ten foot setback and landscaping strip is required. The proposed exception enhances the design of the site circulation by reducing vehicle trips leaving toward Olive Avenue in order to reduce traffic adjacent single-family residential uses. Finding #1: There are exceptional or extraordinary circumstances or conditions applicable to the property or site improvements involved that do not apply generally to property in the same zone district; The proposed project site is extraordinary in that it has three-way split zoning and three-way split land use designation on the site, which results in the need to develop the site consistent with the zoning and land use requirements of each respective portion of the site (e.g. meeting development standards such as setbacks as well as ensuring that the use of each portion is consistent with permitted uses within that specific zone district as well as consistent with the land use designation) despite the fact that the preliminary parcel map results in a single parcel. Although two-way split zoning does occur in some areas of the City it is not very common and three-way split zoning is extremely rare. This, combined with the project’s location on El Camino Real, which makes it subject to the South El Camino Real design guidelines, as well as its proximity to nearby residential uses and therefore associated development standards for areas within 150 feet of these uses, creates restraints with respect to where the buildings and parking can be located. The South El Camino Real Design Guidelines as well as development standards require that buildings along El Camino Real be built up to the build-to-line and encourage parking to be located in areas that are not visible from the street frontage. In addition, height restrictions and attention to privacy limit where the buildings can be located with respect to the adjacent residences. The location of the ramp is designed to meet all applicable requirements and guidelines and is also located as to reduce overall trips leaving the site toward Olive Avenue where they could be more impactful to single-family residents in the area. Finding #2: The granting of the application will enhance the appearance of the site or structure, or improve the neighborhood character of the project and preserve an existing or proposed architectural style, in a manner which would not otherwise be accomplished through strict application of the minimum requirements of this title (Zoning) and the architectural review findings set forth in Section 18.76.020(d); and The location of the ramp five feet into the required ten foot setback/landscaping strip is critical to the proposed site circulation, which is designed to reduce impacts on adjacent single-family residential uses by reducing traffic on Olive Street. In addition, the circulation design eliminates curb cuts and parking on/visible from El Camino Real by providing it at the rear of the property and underground, which is consistent with the goals of the Comprehensive Plan, South El Camino Real Design Guidelines, and Caltrans. It enhances views from El Camino Real by eliminating parking visible along the corridor and enhances views from single-family residences by providing most parking underground. The ramp only encroaches on a portion of the setback and still allows room for landscaping to be provided along the length of the property line. Finding #3: The exception is related to a minor architectural feature or site improvement that will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience. The exception relates to an encroachment of the garage ramp five feet closer to the property line than would typically be allowed in accordance with PAMC Sections 18.16.060(B) and 18.23.050(B)(vi). The proposed exception would reduce vehicle trips leaving toward Olive Avenue, reducing traffic adjacent single-family residential uses. A 5- foot landscaping strip would still be provided. A sound wall would be provided along the entire project site adjacent single-family residential uses to ensure that operational noise would not be impactful to existing single-family residents. Therefore, the proposed exception would not be detrimental or injurious to property or improvements. SECTION 7. Site and Design Conditions of Approval. PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "3001 El Camino Real Site Development Permit-Resubmittal 3,” stamped as received by the City on October 10, 2017 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. The approval letter including all Department conditions of approval for the project shall be printed on the plans submitted for building permit. 4. 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. 5. MITIGATION MONITORING AND REPORTING PROGRAM: The Mitigation Monitoring and Reporting Program associated with the project and attached here as Exhibit A is incorporated by reference and all mitigation measures shall be implemented as described in such document. 6. TOXIC AIR CONTAMINANTS EMISSIONS REDUCTIONS: To comply with Comprehensive Plan Policy N-29 the applicant shall implement the following measures to reduce exposure of proposed residences to toxic air contaminants emissions from vehicles on El Camino Real: a. Submit to the City of Palo Alto a ventilation proposal prepared by a licensed design professional for all on-site buildings that describes the ventilation design and how that design ensures all dwelling units would be below the excess cancer risk level of 10 in one million established by the Bay Area Air Quality Management District. b. If the proposed buildings would use operable windows or other sources of infiltration of ambient air, the development shall install a central HVAC system that includes high efficiency particulate filters (a MERV rating of 13 or higher). These types of filters are capable of removing approximately 90 percent of the DPM emissions from air introduced into the HVAC system. The system may also include a carbon filter to remove other chemical matter. Filtration systems must operate to maintain positive pressure within the building interior to prevent entrainment of outdoor air indoors. c. If the development limits infiltration through non-operable windows, a suitable ventilation system shall include a ventilation system with filtration specifications equivalent to or better than the following: (1) American Society of Heating, Refrigerating and Air-Conditioning Engineers MERV-13 supply air filters, (2) greater than or equal to one air exchanges per hour of fresh outside filtered air, (3) greater than or equal to four air exchanges per hour recirculation, and (4) less than or equal to 0.25 air exchanges per hour in unfiltered infiltration. These types of filtration methods are capable of removing approximately 90 percent of the DPM emissions from air introduced into the HVAC system. d. Windows and doors shall be fully weatherproofed with caulking and weather-stripping that is rated to last at least 20 years. Weatherproof should be maintained and replaced by the property owner, as necessary, to ensure functionality for the lifetime of the project e. Where appropriate, install passive (drop-in) electrostatic filtering systems, especially those with low air velocities (i.e., 1 mph) f. Ensure an ongoing maintenance plan for the HVAC and filtration systems. Manufacturers of these types of filters recommend that they be replaced after two to three months of use. g. The applicant shall inform occupants regarding the proper use of any installed air filtration system. 7. VAPOR MITIGATION SYSTEM: The below-grade parking garage will be designed to include a passive vapor mitigation system to protect future residents and retail users. 8. LOADING SPACE: The proposed on-street loading space shall be restricted to non-peak business hours for both the project site and adjacent commercial activities to ensure that economic and safety goals can still be achieved. Proposed loading hours shall be submitted and approved by the Transportation Division prior to occupancy. 9. NOISE: In accordance with PAMC Section 9.10.040 no person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on commercial or industrial property, a noise level more than eight dB above the local ambient at any point outside of the property plane. 10. ARB SUBCOMMITTEE: Prior to the issuance of building permits, the applicant shall return to the ARB subcommittee for approval of the following items, to the satisfaction of the Director of Planning and Community Environment: a. Remove the 6 inch tall recessed band along the roofline. b. Reconsider the proposed material for the stair tower enclosures. 11. 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. 12. DEVELOPMENT IMPACT FEES: Estimated Development Impact Fees and Residential In-lieu fees in the amount of $1,679,542.30 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit. 13. 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. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6. 14. 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, landscaping and hard surface locations. Contact your Project Planner, Claire Hodgkins at claire.hodgkins@cityofpaloalto.org to schedule this inspection. Transportation Division 15. PARKING MANAGEMENT PLAN: A four space off-street parking reduction from the required ten designated guest off-street parking spaces is included as part of the CS portion of the project and has been reviewed in accordance with the city’s parking adjustment standards. The 3001 El Camino Real Parking Management Plan, dated August 4, 2017 follows the city’s standards and demonstrates a portion of the designated guest and retail parking stalls may be shared as stipulated in the parking management plan. Should the proposed parking adjustment be approved as part of the project, signage and striping as recommended in the parking management plan shall be shown on plans submitted for a building permit and installed prior to building permit final. 16. LONG TERM BICYCLE PARKING: Plans reviewed at the entitlement stage identify use of a two-tier bicycle parking fixture to meet the requirements for long-term bicycle parking. A two-tier system is conditionally approved by the Transportation Division provided the applicant submits a product specification with building permit plans demonstrating the selected fixture includes a lift-assist system for the second level. 17. OFF-SITE IMPROVEMENTS: Inclusive of requirements from other city departments or public agencies, the following off-site improvements shall be constructed as part of the project. Topographic survey, electrical, utility, grading and drainage, and plans from any other discipline to the extent necessary for implementing required improvements shall be submitted to the City of Palo Alto for review in accordance with established permitting procedures: a. PEDESTRIAN HYBRID BEACON: As part of this project, a new Pedestrian Hybrid Beacon (PHB) shall be installed at the intersection of El Camino Real and Olive Avenue to provide a controlled, marked pedestrian crossing of El Camino Real. Pending detailed evaluation of the site, the crosswalk may be located on the north or south side of the intersection, but shall include all civil, electrical, and utility improvements necessary to provide a fully operational PHB with crossing facilities which meet current accessibility standards, including curb ramps and bulb-outs on the western side of the intersection. Bulb- outs are necessary on both sides of the crossing to minimize the pedestrian clearance time for the PHB, reduce pedestrian crossing distance, and improve pedestrian visibility. Additionally, PHB shall be physically interconnected with the traffic signal system to the extent necessary to achieve synchronization and operational efficiencies described in the 3001 El Camino Real Transportation Impact Analysis. The design and finish of the new poles, mast arms, luminaires, and associated equipment shall match the aesthetic appearance of signal equipment installed at the Stanford Avenue and El Camino Real intersection, information for which are available from the Transportation Division. b. BULB OUTS: Bulb outs are required along the project frontage and at one location on the west side of the El Camino Real/Olive avenue intersection as part of the PHB installation. On the El Camino Real frontage, the bulb-outs shall extend not further than 4-feet from the existing face of curb to allow for potential future Class II bicycle lanes. Bulb-outs on the intersecting side streets may extend between four and six feet from the existing face of curb. c. SIGNAGE, STRIPING, & CURBSIDE MANAGEMENT: The off-site plans shall include a signage and striping plan which clearly identifies: the location of existing and new sign panels and poles; proposed striping. Due to the width of Acacia Avenue, on-street parking may need to be restricted on one side of the street for all or a portion of the roadway segment along the project frontage. 18. TRANSPORTATION DEMAND MANAGEMENT: In accordance with PAMC 18.52.03(i)(1), the applicant shall prepare a Transportation Demand Management (TDM) plan for review and approval by the Director of Planning and Community Environment prior to the issuance of building permits. The TDM plan shall include measures and programs to achieve the goal of reducing single-occupancy vehicle trips to the site by a minimum of 30%. The TDM plan shall include an annual monitoring plan to document mode share and vehicle trips to the project site. At minimum, the monitoring plan shall be conducted by a qualified third party professional with reports submitted to the Director two years after building occupancy and again every year thereafter. The Director may require the TDM plan be revised in the future if the minimum reduction goal is not achieved through the measures and programs initially implemented. PUBLIC WORKS ENGINEERING PRIOR TO AN EXCAVATION AND GRADING PERMIT SUBMITTAL 19. Subdivision Improvement Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite per PAMC Section 21.16.220. 20. OFF-SITE IMPROVEMENTS: Submit a copy of the off-site improvement plans that includes the replacement of curb, gutter, sidewalk, utilities, landscape, etc. Provide Caltrans standard details along the project frontage. Plans shall include the proposed public access easement, grades along the conforms. 21. Submit a construction cost estimate associated with the off-site improvements. 22. LOGISTICS PLAN: The contractor must submit a logistics plan to the Public Works Department prior to building permit demolition that addresses all impacts to the City’s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact, noticing of affected businesses, and schedule of work. Plan shall include the following, but not limited to, construction fence, construction entrance and exit, stockpile areas, equipment and material storage area, workers parking area, construction office trailer, temporary bathroom, measures for dewatering if needed, crane location, working hours, contractor’s contact information, truck traffic route, setbacks from environmentally sensitive areas, erosion and sediment control measures to be implemented during construction. 23. 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”. Also plot and label the tree protection zone. 24. PUBLIC ACCESS EASEMENT: Owner shall create a public access easement for the additional area behind the property line needed to create a 12-foot wide sidewalk along El Camino Real. Plot and label the Public Access Easement along El Camino Real that provides the 12-foot wide sidewalk. 25. MAPPING: The proposed project appears to be located within 4 or 5 parcel. In addition it’s not clear from the plans how many parcels (at grade and air space parcels) the applicant intends to create as part of the new development. The parcels shall be merged and subdivided recorded prior to issuance of a building and/or grading and excavation permit. This project may trigger either a Minor or Major Subdivision Application. Five parcels would trigger a major subdivision. Please clarify the total number of proposed parcels associated with this project. If retail, commercial or residential units intend to be sold then new parcels would 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. If a Map is required, it shall be recorded prior to issuance of a building permit or excavation and grading permit. 26. STREET LIGHTING: The applicant is required to install decorative street lights along the El Camino Real sidewalk frontage. New pedestrian-scale luminaires, poles and bases shall be centered between the roadway lighting to provide a combined spacing of roughly 60-ft O.C. Decorative roadway and pedestrian scale lighting standards are available from Public Works staff. Plot and label the new lights on the proposed Site Plan and/or Utility Plan. 27. GRADING PERMIT: The grading and drainage plan must include an earthworks table with the estimated cut and fill volumes. If the total is more than 100 cubic yards, a grading permit will be required. An application and plans for a grading permit are submitted to Public Works separately from the building permit plan set. The application and guidelines are available at the Development Center and on our website. 28. 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. 29. Provide the following note on the Rough Grading Plan and the Final Grading Plan: “In my professional judgement, the highest projected groundwater level to be encountered in the area of the proposed basement in the future will be ______ feet below existing grade.” 30. BASEMENT SHORING: Shoring for the basement excavation, including tiebacks, must not extend onto adjacent private property or into the City right-of-way without having first obtained written permission from the private property owners and/or an encroachment permit from Public Works or Caltrans. 31. 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. 32. DEWATERING: Proposed underground garage excavation may require dewatering during construction. Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is disallowed. Dewatering is only allowed from April 1 through October 31 due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level; if the proposed project will encounter groundwater, the applicant must provide all required dewatering submittals for Public Works review and approval prior to grading permit issuance. Public Works has dewatering submittal requirements and guidelines available at the Development Center and on our website: http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 33. GRADING & DRAINAGE PLAN: Provide a separate Grading and Drainage Plan prepared by a qualified licensed engineer, surveyor or architect. Plan shall be wet-stamped and signed by the same. Plan shall include the following: existing and proposed spot elevations, earthwork volumes (cut and fill in CY), pad, finished floor, garage elevation, base flood elevation (if applicable) grades along the project conforms, property lines, or back of walk. See PAMC Section 16.28.110 for additional items. Projects that front directly into the public sidewalk, shall include grades at the doors or building entrances. Provide drainage flow arrows to demonstrate positive drainage away from building foundations at minimum of 2% or 5% for 10- feet per 2013 CBC Section 1804.3. Label the downspouts, splashblocks (2-feet long min) and any site drainage features such as swales, area drains, bubble-up locations. Include grate elevations, low points and grade breaks. Provide dimensions between the bubblers and property lines. In no case shall drainage across property lines exceed that which existed prior to grading per 2013 CBC Section J109.4. In particular, runoff from the new garage shall not drain into neighboring property. For additional grading and drainage detail design See Grading and Drainage Plan Guidelines for Residential Development. http://www.cityofpaloalto.org/civicax/filebank/documents/2717 34. “NO DUMPING” LOGO: The applicant is required to paint the “No Dumping/Flows to Matadero 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. 35. STAIRWELLS AND LIGHTWELLS: 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 separate 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. 36. STORM WATER TREATMENT: Provide a note on the plans to indicate that 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. 37. 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. If a backflow preventer is required, it 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. Plot and label these on the Utility plan. 38. 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/or Caltrans standards and that the contractor performing this work must first obtain a Street Work Permit from Public Works at the Development Center and from Caltrans. If a new driveway is in a different location than the existing driveway, then the sidewalk associated with the new driveway must be replaced with a thickened (6” thick instead of the standard 4” thick) section. Additionally, curb cuts and driveway approaches for abandoned driveways must be replaced with new curb, gutter and planter strip. 39. CALTRANS: Caltrans review and approval of this project is required. Caltrans right-of-way across El Camino Real extends from back-of-walk to back-of walk. The City has a maintenance agreement with Caltrans that requires the City to maintain the sidewalk and to issue Street Work Permits for work done on the sidewalks by private contractors. Caltrans has retained the right to review and permit new ingress/egress driveways off El Camino Real as well as the installation of Traffic Control devices as part of this project. Submit a permit from Caltrans to perform the proposed work. 40. The following note shall be shown on the plans adjacent to the area on the Site Plan: “Any construction within the city right-of-way must have an approved Permit for Construction in the Public Street prior to commencement of this work. THE PERFORMANCE OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN ON THE BUILDING PERMIT FOR INFORMATION ONLY.” 41. Provide the following note on the Site Plan and Grading and Drainage Plan: “Contractor shall not stage, store, or stockpile any material or equipment within the public road right-of-way.” Construction phasing shall be coordinate to keep materials and equipment onsite or within private property. 42. SIDEWALK, CURB & GUTTER: As part of this project, the applicant must replace all existing sidewalk, curbs, gutters and driveway approaches in the public right-of-way along the frontage(s) of the property. The site plan submitted with the building permit plan set must show the extent of the replacement work (at a minimum all curb and gutter and sidewalk along the project frontage) 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. Include the 12-foot wide dimension on the plans and verify that the sidewalk is unobstructed. 43. PAVEMENT: Contractor shall be aware that Olive Avenue was resurfaced in 2015, any cutting into the pavement will trigger additional pavement requirements. Add the following note to the Site Plan: “Applicant and contractor may be responsible for resurfacing portions of the three project frontages based the roadway surface condition after project completion and limits of trench work. At a minimum pavement resurfacing of the full width of the street along the project frontage may be required.” Plot and label the area to be resurfaced as hatched on the site plan. 44. 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). 45. OIL/WATER SEPARATOR: Parking garage floor drains within covered 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. Plot and label the proposed location of oil/water separator. 46. 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 47. 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. 48. ADJACENT NEIGHBORS: For any improvements that extend beyond the property lines such as tie-backs for the basement, provide signed copies of the original agreements with the adjacent property owners. The agreements shall indicate that the adjacent property owners have reviewed and approved the proposed improvements (such as soldier beams, tiebacks) that extend into their respective properties 49. 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 issuance of the grading or building permits. The City will inspect the treatment measures yearly and charge an inspection fee. 50. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site specific storm water pollution prevention plan (SWPPP) that addresses both construction-stage and post-construction BMP’s for storm water quality protection. The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. Also, include the City's standard "Pollution Prevention - It's Part of the Plan" sheet in the building permit plan set. Copies are available from Public Works at the Development Center. 51. Based on the City’s GIS there may be plume monitoring wells within the project site. Typically these wells are maintained by Santa Clara Valley Water District (SCVWD). The proposed work shall not destroy any of the monitoring well or affect the function and use of these. Contact SCVWD to verify the well location. Plot and label them on the plans and provide notes to protect wells as required by the district. 52. It’s unclear what the double dashed line surrounding the building represents on C2.0 as there is no Civil legend, but underground structures are not allowed to have perforated pipe drainage systems that pump groundwater. Please clarify what that represents and revise design accordingly. 53. Material of storm drain in ROW needs to be called out and propose materials per Engineering Design Guidelines. 54. Please include any applicable City standard details in the plan set and call them out on plans. PUBLIC WORKS UTILITIES DIVISION 55. The Existing electric manhole located near the corner of Acacia and El Camino Real must be relocated at the cost of the applicant such that sufficient clearance is provided. The revised location will be determined in coordination with CPAU prior to issuance of the building permit. 56. The conduit path from the meter room to the transformer shall be shown on the building permit plans to the satisfaction of CPAU prior to issuance of a building permit. The conduit path shall not exceed 270 degrees and shall not be located under the building foundation. Proper clearance, including three feet on all sides, eight feet on the front and 30 feet vertical clearance) must be provided for the transformer and shown on the building plans. 57. Existing utility poles must be shown on the building permit site plan. 58. Label the existing pole and transformer on Acacia in front of the RM-30 building and its clearance from the proposed storm drain. 59. Label the existing pole on the fry’s site where electric will be rerouted. Guy wire may be required on this pole to ensure that existing pole lines in both directions are stable. 60. Final tree species selection and location along Acacia shall be coordinated with and approved by utilities prior to issuance of a building permit in order to ensure that utility infrastructure is not impacted. PUBLIC WORKS URBAN FORESTRY DIVISION PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 61. BUILDING PERMIT SUBMITTAL- PROJECT ARBORIST CERTIFICATION LETTER. Prior to submittal for staff review, attach a Project Arborist Certification Letter that he/she has; (a) reviewed the entire building permit plan set submittal and, (b)* verified all his/her updated TPR mitigation measures and changes are incorporated in the plan set, (c) affirm that ongoing Contractor/Project Arborist site monitoring inspections and reporting have been arranged with the contractor or owner (see Sheet T-1) and, (d) understands that design revisions (site or plan changes) within a TPZ will be routed to Project Arborist/Contractor for review prior to approval from City. * (b above) other information. The Building Permit submittal set shall be accompanied by the project site arborist’s certification letter that the plans have incorporated said design changes and are consistent with City Tree Technical Manual Standards, Regulations and information: a. Provide a project arborist’s Updated Tree Protection Report (TPR) with building permit level mitigation measures, (e.g., resolve grading proximity issues with Public tree #2 and neighbor trees #3 and 5; exact TPZ scaled in feet). Provide plan revision directions to minimize root cutting conflicts that are obvious in the civil, basement, sidewalk improvement sheets. Specifically address new sidewalk replacement over El Camino Real trees. b. Palo Alto Tree Technical Manual Construction Standards, Section 2.00 and PAMC 8.10.080. 62. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include the following information and notes on relevant plan sheets: a. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City’s full-sized, Sheet T-1 (Tree Protection-it's Part of the Plan!), available on the Development Center website at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant shall complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree Activity Inspection Schedule. Monthly reporting to Urban Forestry/Contractor is mandatory. (Insp. #1: applies to all projects; with tree preservation report: Insp. #1-7 applies) b. The Tree Preservation Report (TPR). All sheets of the Applicant’s TPR approved by the City for full implementation by Contractor, (John McLenahan, dated June 2, 2016) shall be printed on numbered Sheet T-1 (T-2, T-3, etc) and added to the sheet index. c. Plans to show protective tree fencing. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Regulated Tree, using a bold dashed line enclosing the Tree Protection Zone (Standard Dwg. #605, Sheet T-1; City Tree Technical Manual, Section 6.35-Site Plans); or by using the Project Arborist’s unique diagram for each Tree Protection Zone enclosure. 63. SITE PLAN REQUIREMENTS: In addition to showing TPZ fencing, add the following Notes on the specified Plan Sheets. a. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree Protection Report and the approved plans”. b. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall add a note applying to the trees to be protected, including neighboring trees stating: "Regulated Tree--before working in this area contact the Project Site Arborist at 650-321-0202"; c. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall include the following note: “Utility trenching shall not occur within the TPZ of the protected tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions.” d. Note #4. “Pruning Restrictions. No pruning or clearance cutting of branches is permitted on City trees. Contractor shall obtain a Public Tree Permit from Urban Forestry (650-496-5953) for any work on Public Trees” 64. NEW TREES—SOIL VOLUME. Unless otherwise approved, new right-of-way trees each new tree shall be provided with 800 cubic feet of rootable soil area, utilizing Standard Dwg. #604/513. Rootable soil shall mean compaction less than 90% over the area, not including sidewalk base areas except when mitigated. Sidewalk or asphalt base underlayment [in lieu of compacted base rock] shall use an Alternative Base Material method such as structural grid (Silva Cell). Design and manufacturer details shall be added to relevant civil and landscape sheets. Each parking lot tree in small islands and all public trees shall be provided adequate rootable soil commensurate to mature tree size. Note: this expectation requires coordination with the engineer, arborist and landscape architect. a. Minimum soil volume for tree size growth performance (in cubic feet): Large: 1,200 cu.ft. Medium: 800 cu.ft. Small: 400 cu.ft. b. Landscape Plan. When qualifying for parking area shade ordinance compliance (PAMC 18.40.130) trees shall be labeled (as S, M or L). c. Engineered Soil Mix (ESM). When approved, Engineered Soil Mix base material shall be utilized in specified areas, such as a sidewalk base or channeling to a landscape area, to achieve expected shade tree rooting potential and maximum service life of the sidewalk, curb, parking surfaces and compacted areas. Plans and Civil Drawings shall use CPA Public Works Engineering ESM Specifications, Section 30 and Standard Dwg. #603a. Designated areas will be identified by cross-hatch or other symbol, and specify a minimum of 24" depth. The technology may be counted toward any credits awarded for LEED or Sustainable Sites certification ratings. DURING CONSTRUCTION 65. TREE PROTECTION VERIFICATION. Prior to any site work a written verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section (derek.sproat@cityofpaloalto.org). The fencing shall contain required warning sign and remain in place until final inspection of the project. 66. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 67. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, (John McLenahan of McLenahan Consulting, LCC, 650-326- 8781), or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 68. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 69. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 70. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. PRIOR TO OCCUPANCY 71. LANDSCAPE CERTIFICATION LETTER. The Planning Department shall be in receipt of a verification letter that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. 72. PROJECT ARBORIST CERTIFICATION LETTER. Prior to written request for temporary or final occupancy, the contractor shall provide to the Planning Department and property owner a final inspection letter by the Project Arborist. The inspection shall evaluate the success or needs of Regulated tree protection, including new landscape trees, as indicated on the approved plans. The written acceptance of successful tree preservation shall include a photograph record and/or recommendations for the health, welfare, mitigation remedies for injuries (if any). The final report may be used to navigate any outstanding issues, concerns or security guarantee return process, when applicable. POST CONSTRUCTION 73. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-2008 or current version) and the City Tree Technical Manual, Section 5.00. Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. Building Division 74. Spiral stairs can be utilized to access residential areas no more than 250 square feet in size. 75. Separate reviews and permits are required for PV (solar) and EVSE (vehicle charging stations. Please show this on the plans in some way. 76. Common areas outdoors shall be made accessible for all elements. 77. The review and approval of this project does not include any other items of construction other than those written in the ARB project review application included with the project plans and documents under this review. If the plans include items or elements of construction that are not included in the written description, it or they may not have been known to have been a part of the intended review and have not, unless otherwise specifically called out in the approval, been reviewed. Watershed Protection Division The following conditions are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc.: 78. DISCHARGE OF GROUNDWATER: The project is located in an area of suspected or known groundwater contamination with Volatile Organic Compounds (VOCs). If groundwater is encountered then the plans must include the following procedure for construction dewatering (PAMC 16.09.170, 16.09.040): Prior to discharge of any water from construction dewatering, the water shall be tested for volatile organic compounds (VOCs) using EPA Method 601/602 or Method 624. The analytical results of the VOC testing shall be transmitted to the Regional Water Quality Control Plant (RWQCP) 650-329-2598. Contaminated ground water that exceeds state or federal requirements for discharge to navigable waters may not be discharged to the storm drain system or creeks. If the concentrations of pollutants exceed the applicable limits for discharge to the storm drain system then an Exceptional Discharge Permit must be obtained from the RWQCP prior to discharge to the sanitary sewer system. If the VOC concentrations exceed the toxic organics discharge limits contained in the Palo Alto Municipal Code (16.09.040(m)) a treatment system for removal of VOCs will also be required prior to discharge to the sanitary sewer. Additionally, any water discharged to the sanitary sewer system or storm drain system must be free of sediment. 79. UNPOLLUTED WATER: Unpolluted water shall not be discharged through direct or indirect connection to the sanitary sewer system (PAMC 16.09.055). And PAMC 16.09.175 (b) General prohibitions and practices Exterior (outdoor) drains may be connected to the sanitary sewer system only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater treatment approved by the Superintendent is provided. For additional information regarding loading docks, see section 16.09.175(k) 80. COVERED PARKING: 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 (PAMC 16.09.180[b][9]) 81. CARWASH: In accordance with PAMC 16.09.180(b)(11) New Multi-family residential units and residential development projects with 25 or more units shall provide a covered area for occupants to wash their vehicles. A drain shall be installed to capture all vehicle wash waters and shall be connected to an oil/water separator prior to discharge to the sanitary sewer system. The oil/water separator shall be cleaned at a frequency of at least once every six months or more frequently if recommended by the manufacturer or the Superintendent. Oil/water separators shall have a minimum capacity of 100 gallons. The area shall be graded or bermed in such a manner as to prevent the discharge of storm water to the sanitary sewer system. This requirement can be exempted if no washing is allowed on-site via rental/lease agreement and any hose bibs must be fitted with lock-outs or other connections controls and signage indicating that car washing is not allowed. 82. ARCHITECTURAL COPPER: Per 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. 83. LOADING DOCKS: Per 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. 84. CONDENSATE FROM HVAC: Per PAMC 16.09.180(b)(5) Condensate lines shall not be connected or allowed to drain to the storm drain system. 85. COOLING TOWERS: Per PAMC 16.09.205 No person shall discharge or add to the sanitary sewer system or storm drain system, or add to a cooling system, pool, spa, fountain, boiler or heat exchanger, any substance that contains any of the following: (1) Copper in excess of 2.0 mg/liter; (2) Any tri-butyl tin compound in excess of 0.10 mg/liter; (3) Chromium in excess of 2.0 mg/liter. (4) Zinc in excess of 2.0 mg/liter; or (5) Molybdenum in excess of 2.0 mg/liter. The above limits shall apply to any of the above-listed substances prior to dilution with the cooling system, pool, spa or fountain water. A flow meter shall be installed to measure the volume of blowdown water from the new cooling tower. Cooling systems discharging greater than 2,000 gallons per day are required to meet a copper discharge limit of 0.25 milligrams per liter. 86. COPPER PIPING: Per 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. 87. MERCURY SWITCHES: Per 16.09.180(12) Mercury switches shall not be installed in sewer or storm drain sumps. 88. COOLING SYSTEMS, POOLS, SPAS, FOUNTAINS, BOILERS and HEAT EXCHANGERS: Per 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. 89. Storm Drain Labeling: Per PAMC 16.09.165(h) Storm Drain Labeling Storm drain inlets shall be clearly marked with the words "No dumping - Flows to Bay," or equivalent UTILITILES - WATER, GAS, WASTEWATER PRIOR TO ISSUANCE OF DEMOLITION PERMIT 90. 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. 91. 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. PRIOR TO BUILDING PERMIT 92. 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. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities especially storm drain pipes, electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the ductbank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water and gas. 93. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet per parcel/lot for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 94. 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). 95. The utility plan (C3.0) show 1.5” irrigation, 4” domestic, and 8” fire water on Olive Ave. The water main on this street is only 6”PVC. The maximum water service connection to this water main is 6”. The propose sewer lateral is 8” (existing 4” lateral), sewer flow studies may require. The plan also show propose 8” sewer lateral on Acacia Ave. (existing 6” sewer main). See current WGW engineering standards in CPAU website. A meeting with WGW and Electrical engineering is recommending prior to building department permit application. 96. 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. 97. 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 water and wastewater utilities off-site improvement plans in accordance with the utilities department design criteria. All utility work within the public right-of-way shall be clearly shown on the plans that are prepared, signed and stamped by a registered 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. 98. 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. 99. 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. 100. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the utilities or building inspector is required for the supply pipe between the meter and the assembly. 101. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 102. 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. 103. 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. 104. A new water service line installation for domestic usage is required. For service connections of 4-inch through 8-inch sizes, the applicant's contractor must provide and install a concrete vault with meter reading lid covers for water meter and other required control equipment in accordance with the utilities standard detail. Show the location of the new water service and meter on the plans. 105. A new water service line installation for fire system usage may require. 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. 106. A new gas service line installation is required. Show the new gas meter location on the plans. The gas meter location must conform to utilities standard details. 107. A new sewer lateral installation per lot is required. Show the location of the new sewer lateral on the plans 108. The applicant shall secure a public utilities easement for facilities installed in private property. The applicant's engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering section with copies of the public utilities easement across the adjacent parcels as is necessary to serve the development. 109. Where public mains are installed in private streets/PUEs for condominium and town home projects the CC&Rs and final map shall include the statement: “Public Utility Easements: If the City’s reasonable use of the Public Utility Easements, which are shown as P.U.E on the Map, results in any damage to the Common Area, then it shall be the responsibility of the Association, and not of the City, to Restore the affected portion(s) of the Common Area. This Section may not be amended without the prior written consent of the City”. 110. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilities procedures. 111. 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. 112. 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. 113. All utility installations shall be in accordance with the City of Palo Alto current utility standards for water, gas & wastewater. 114. The applicant shall obtain an encroachment permit from Caltrans for all utility work in the El Camino Real right-of-way. The applicant must provide a copy of the permit to the WGW engineering section. 115. Due to high demands outside City’s control, a three to six month wait time for water and gas meters are expected. The applicant is strongly encouraged to provide the application load sheet demands as early in the design process as possible to the WGW utilities engineering department. Once payment is made, anticipate service installations completed within said time frame (3 – 6 months). GREEN BUILDING 116. CALGreen Checklist: If the project is a new construction residential building, then the project must meet the California Green Building Code Mandatory requirements outlined in Chapter 4, (with local amendments) plus Tier 2 minimum pre-requisites and electives outlined in Appendix A4* (with local amendments). The project must hire a Green Building Special Inspector for a pre-permit third-party design review and a third-party green building inspection process. The project must provide a preliminary GB-1 sheet for planning entitlement approval. Submittal requirements are outlined on the Development Services Green Building Compliance webpage. http://www.cityofpaloalto.org/gov/depts/ds/green_building/compliance.asp PAMC 16.14.080 (Ord. 5393 § 1 (part), 2016) *Note: Projects subject to Tier 2 shall not be required to fulfill any requirements outlined in Appendix A4.2 Energy Efficiency. All energy efficiency measures are found in the 2016 California Energy Code and the Palo Alto Energy Reach Code PAMC 16.17 & 16.18. EVSE Transformer Location: 117. EVSE Transformer Location: If the project triggers the EVSE requirements in Part B of these comments, then applicant must identify transformer requirements associated with EVSE mentioned and show the appropriate transformer location and size on the Planning Application. The applicant must contact the Electric Engineering Department within Utilities to confirm the any transformer requirements associated with the proposed EVSE. For questions, contact the Electric Engineering mainline at 650-566-4500. Local Energy Reach Code for Residential Projects 118. Energy Efficiency Option 1: No Photovoltaic System. If the project includes new construction, then the project triggers the Local Energy Efficiency Reach Code. For all new single-family residential and multi-family residential, non-residential construction, the performance approach specified within the 2016 California Energy Code shall be used to demonstrate that the TDV Energy of the proposed new-single family residential or multi- family construction is at least: 10 percent less than the TDV Energy of the Standard Design if the proposed building does not include a photovoltaic system. (Ord. 5383 § 1 (part), 2016) Green Building Requirements for Residential Projects 119. CALGREEN CHECKLIST: If the project is a new construction residential building, then the project must meet the California Green Building Code Mandatory requirements outlined in Chapter 4, (with local amendments) plus Tier 2 minimum pre-requisites and electives outlined in Appendix A4* (with local amendments). The project must hire a Green Building Special Inspector for a pre-permit third-party design review and a third-party green building inspection process. The project must select from the City’s list of approved inspectors found on the Green Building Compliance Webpage. PAMC 16.14.080 (Ord. 5393 § 1 (part), 2016) *Note: Projects subject to Tier 1 or Tier 2 shall not be required to fulfill any requirements outlined in Appendix A4.2 Energy Efficiency. All energy efficiency measures are found in the 2016 California Energy Code and the Palo Alto Energy Reach Code PAMC 16.17 & 16.18. *Note: Projects subject to Tier 1 or Tier 2 shall not be required to fulfill any requirements outlined in Appendix A4.2 Energy Efficiency. All energy efficiency measures are found in the 2013 California Energy Code and the Palo Alto Energy Reach Code PAMC 16.17 & 16.18. 120. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE: If the new residential development project has an aggregate (combined) landscape area equal to or greater than 500 square feet, the project is subject to the Model Water Efficient Landscape Ordinance (MWELO) and the project will require an separate permit for Outdoor Water Efficiency. See Outdoor Water Efficiency Submittal Guidelines and permit instructions at the following link. http://www.cityofpaloalto.org/gov/depts/ds/green_building/outdoor_water_efficiency_.asp 121. RECYCLED WATER INFRASTRUCTURE FOR LANDSCAPE: If the project is either a new construction or a rehabilitated landscape and is greater than 1,000 square feet, then the project must install a dedicated irrigation meter related to the recycled water infrastructure. PAMC 16.14.230 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. If the project is outside the boundaries of the recycled water project area and is greater than 1,000 square feet, then the project must install recycled water infrastructure for irrigation systems. PAMC 16.14.230 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. 122. CONSTRUCTION & DEMOLITION: For residential construction projects subject to Tier 1 or Tier 2 requirements, the project must meet the enhanced construction waste reduction at 80% construction waste reduction. PAMC 16.14.260 (Ord. 5393 § 1 (part), 2016) The project shall use the Green Halo System to document the requirements. https://www.greenhalosystems.com 123. EVSE: If the project is a new multifamily residential project, then the project must comply with the City of Palo Alto Green Building Ordinance 5393. For resident parking, the project must supply one EVSE-Ready Outlet or EVSE Installed for each residential unit in the structure. For guest parking, the project shall provide Conduit Only, EVSE Ready Outlet, or EVSE Installed for at least 25% of the guest parking, among which at least 5% (and no fewer than one) shall be EVSE installed. See PAMC 16.14.420 for definitions on the types of EVSE parking. (Ord. 5393 § 2, 2016). 124. EVSE: If the project is a new multifamily residential project, with attached parking, then the project must comply with the City of Palo Alto Green Building Ordinance 5393. For resident parking, the project must supply one Conduit Only, EVSE-Ready Outlet or EVSE Installed for each newly constructed residence in a multi-family residential structure featuring (1) a parking space attached to the residence and (2) a shared electrical panel between the residence and parking space (e.g. a multi-family structure with tuck-under garages). See PAMC 16.14.420 for definitions on the types of EVSE parking. (Ord. 5393 § 2, 2016) 125. EVSE TRANSFORMER LOCATION: If the project triggers the EVSE requirements in Part B of these comments, then applicant must identify transformer requirements associated with EVSE mentioned and show the appropriate transformer location and size on the Permit Plans. The applicant must contact the Electric Engineering Department within Utilities to confirm the any transformer requirements associated with the proposed EVSE. For questions, contact the Electric Engineering mainline at 650-566-4500. SECTION 8. Preliminary Parcel Map Conditions of Approval PRIOR TO PARCEL MAP SUBMITTAL 116. Proposed S.W.E. along El Camino Real should be changed and labeled as Public Access Easement. 117. Any proposed transformer is to be shown and kept on private property. 118. The Parcel Map shall include CITY ENGINEER STATEMENT, CITY SURVEYOR STATEMENT and DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT STATEMENT. 119. The utility easement from Olive Avenue between the property line and the adjacent single family residence must be vacated prior to approval of the Parcel Map. 120. The new utility easement from Acacia must be shown on the Parcel Map. PRIOR TO PARCEL MAP RECORDATION. 121. The City of Palo Alto does not currently have a City Surveyor we have retained the services of Siegfried Engineering to review and provide approval on behalf of the City. Siegfried will be reviewing, signing and stamping the Parcel Map associated with your project. In effort to employ the services of Siegfried Engineering, and as part of the City’s cost recovery measures, the applicant is required to provide payment to cover the cost of Siegfried Engineering’s review. Our intent is to forward your Parcel Map to Siegfried for an initial preliminary review of the documents. Siegfried will then provide a review cost amount based on the complexity of the project and the information shown on the document. We will share this information with you once we receive it and ask that you return a copy acknowledging the amount. You may then provide a check for this amount as payment for the review cost. The City must receive payment prior to beginning the final review process. 122. Submit wet signed and stamped mylar copy of the Parcel Map to the Public Works for signature. Map shall be signed by Owner, Notary and Surveyor prior to formal submittal. SECTION 9. Term of Approval. Site and Design, Design Enhancement Exception, and Parking Adjustment Approval. The project approval shall be valid for a period of two years from the original date of approval. In the event a building permit(s), if applicable, is not secured for the project within the time limit specified above, the Site and Design 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. SECTION 10. Preliminary Parcel Map Approval Granted. Preliminary Parcel Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 8 of this Record. Approval of the Preliminary Parcel Map prepared by Kier and Wright, “Preliminary Parcel Map City of Palo Alto County of Santa Clara 3001 El Camino Real October, 2017”, consisting of three lots to be merged into one lot, dated October 10, 2017, is strictly limited to those features required to be included on a preliminary parcel map under PAMC Section 21.12.040. No development rights shall vest under PAMC Chapter 21.13 or the Subdivision Map Act as a result of this approval. SECTION 11. Parcel Map Conformance. The Parcel Map submitted for review and approval by the City Council shall be in substantial conformance with the Preliminary Parcel Map prepared by Kier and Wright, “Preliminary Parcel Map City of Palo Alto County of Santa Clara 3001 El Camino Real October, 2017”, consisting of three lots to be merged, dated October 10, 2017, except as modified to incorporate the conditions of approval in Section 8. A copy of this plan is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Preliminary Parcel Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Parcel Map, as specified in Chapter 21.08, to be prepared in conformance with the Preliminary Parcel Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.010[a]). PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ ____________________________ Senior Assistant City Attorney Director of Planning and Community Environment MITIGATION MONITORING + REPORTING PROGRAM PROJECT NAME 3001 El Camino Real Mixed-Use Project APPLICATION NUMBER 16PLN-00097 APPLICANT/OWNER Sobrato Organization (Tim Steele) 10600 N. DeAnza Boulevard, #200 Cupertino, CA 95014 DATE July 3, 2017 The Draft Mitigated Negative Declaration for the 3001 El Camino Real Mixed-Use Project identifies the mitigation measures that will be implemented to reduce the impacts associated with the project. The California Environmental Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in section 21081.6(a)(1) of the Public Resources Code, “... the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of adopting a Mitigated Negative Declaration. The mitigation monitoring table lists those mitigation measures that would be included as conditions of approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. City of Palo Alto  Mitigation Monitoring + Reporting Program Page | 2 Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation BIOLOGICAL RESOURCES BIO-1: Nesting Bird Protection. To avoid disturbance of nesting and special-status birds, including raptorial species protected by the MBTA and CFGC, activities related to the project, including, but not limited to, vegetation removal, ground disturbance, and construction and demolition shall occur outside of the bird breeding season (February 1 through August 30). If construction must begin during the breeding season, then a pre-construction nesting bird survey shall be conducted no more than 3 days prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre- construction survey shall be conducted on foot inside the Project Boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g., private lands) from afar using binoculars to the extent practical. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in southern California coastal communities. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within this buffer until the avian biologist has confirmed that breeding/ nesting is completed and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist. Applicant or designee/ Construction contractor If work occurs during bird breeding season, pre- construction survey no more than three days prior to construction. If nests are found, buffers set prior to start of construction. CPA Planning Department BIO-2: Tree Preservation and Protection Plan. To avoid disturbance and injury to on-site trees, the recommendations for tree preservation in the Arborist Report dated October 22, 2014 (Revised June 2, 2016) shall be implemented. These recommendations include, but are not limited to, tree protection fencing to enclose as much of the tree protection zone (TPZ) as feasible around City trees on El Camino Real and Olive Avenue, no grading encroachments closer than 6 inches to the tree trunk diameter, and periodic inspections by the Site Arborist during construction activities. Applicant or designee and site arborist/ Construction contractor Fencing installed prior to construction, inspections periodically during construction. CPA Urban Forestry Division CULTURAL RESOURCES CR-1: Resource Recovery Procedures. In the event that archaeological, paleontological, or Tribal Cultural resources are unearthed during project construction, all earth disturbing work within the vicinity of the find must be temporarily suspended or redirected until an archaeologist, paleontologist, or Tribal Cultural representative has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A Native American representative shall be retained to monitor any mitigation work associated with Native American cultural material. Applicant or designee/ Construction contractor During Construction CPA Planning Department CR-2: Human Remains Recovery Procedures. If human remains are unearthed, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition pursuant to the Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission. Additional surveys will be required if the Project changes to include unsurveyed areas. Applicant or designee/ Construction contractor During Construction CPA Planning Department City of Palo Alto  Mitigation Monitoring + Reporting Program Page | 3 Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation HAZARDS & HAZARDOUS MATERIALS HAZ-1: Site Sampling Plan. Prior to issuance of any construction related permits, the developer shall conduct site sampling to examine the extent of on-site contamination. As a large portion of the project area once comprised railroad tracks, soil matrix samples shall be taken and analyzed for CAM 17 total metals and TPH fuel fingerprint. In addition, soil matrix samples shall be collected from 1.0-1.5, 2.5-3.0, and 4.5-5.0 feet below grade and all samples shall be analyzed for TPH and total metals. Following completion of the sampling, a report shall be prepared and sent to the City of Palo Alto for review and approval. If results of the sampling identify soil contamination, a clean-up goal will be established by the local oversight agency. The soil sampling results will be compared to a clean-up goal established by the San Francisco Bay RWQCB or the County of Santa Clara Department of Environmental Health. If a site specific clean-up goal is not determined, then the contamination would be remediated to below the established Environmental Screening Level (ESL)’s. Applicant or designee/Construc tion contractor Prior to issuance of construction related permits CPA Planning Department HYDROLOGY/WATER QUALITY HAZ-2: Soil Management Plan. Prior to issuance of a building permit, the developer shall prepare a soil management plan for all excavation projects conducted within the project site to be implemented in the event that excavation is occurring in an area documented to contain contaminants and for instances when contaminants not previously identified are suspected or discovered. The plan shall identify appropriate measures to be followed if contaminants are encountered during excavation. The appropriate measures shall identify personnel to be notified, emergency contacts, and a sampling protocol. If dewatering is to occur at the site, the soils management plan shall identify proper sampling and disposal of the water removed. The excavation and demolition contractors shall be made aware of the possibility of encountering known and unknown hazardous materials, and shall be provided with appropriate contact and notification information. The plan shall include a provision stating at what point it is safe to continue with the excavation or demolition, and identify the person authorized to make that determination. Removal, transportation, and disposal of impacted soil should be performed in accordance with applicable federal, state, and local laws, regulations, and ordinances. The plan shall be submitted to the City of Palo Alto for review and approval. Applicant or designee/Construc tion Contractor Prior to issuance of building permit and during construction CPA Planning Department NOISE N-1: Mufflers. During project construction, all equipment, fixed or mobile, should be operated with closed engine doors and should be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards. Use of manufacturer-certified mufflers associated with construction equipment has been shown to reduce noise levels by 8 to 10 dBA (City of West Hollywood 2014). Construction contractor During Construction CPA Planning Department N-2: Electrical Power. Whenever feasible, electrical power shall be used to run compressors and similar power tools rather than diesel equipment. Construction contractor During Construction CPA Planning Department N-3: Equipment Staging. All stationary equipment shall be staged as far away from the adjacent residences as possible. Construction contractor During Construction CPA Planning Department City of Palo Alto  Mitigation Monitoring + Reporting Program Page | 4 Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation N-4: Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Construction contractor During Construction CPA Planning Department N-5: Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity. Construction contractor During Construction CPA Planning Department N-6: Disturbance Coordinator. A disturbance coordinator shall be designated by the contractor. The noise disturbance coordinator shall be responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g. starting too early, bad muffler, etc.) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. Construction contractor Prior to and during Construction CPA Planning Department N-7: Temporary Noise Attenuation Barrier. Temporary sound attenuation barriers should be used along the northern boundary of the site, separating the site from the adjacent single family residences. Temporary sound attenuation barriers should be high enough and long enough to break the line-of- site between the sound source and the receivers, and must be continuous with no gaps or holes between panels or the ground. Temporary sound barriers can include noise curtains, sound blankets, or solid temporary barriers. Installation of a temporary noise barrier between construction activities and adjacent sensitive receptors typically provides up to a 10 dBA attenuation (FHWA 2006). Construction contractor Prior to and during Construction CPA Planning Department TRANSPORTATION/TRAFFIC T-1: Traffic Mitigation. Prior to issuance of a final occupancy permit for the project, the applicant shall obtain the necessary permits and install a Pedestrian Hybrid Beacon and associated improvements (e.g. crosswalk markings and ramps) at the El Camino Real and Olive Avenue intersection. At the request of Caltrans, the applicant may pay the necessary fee toward installation of the Pedestrian Hybrid Beacon as an alternative to installing the crosswalk and hybrid beacon. Determination of the necessary fee shall be determined through consultation with the City of Palo Alto Public Works Department and Caltrans. Applicant or designee Prior to issuance of final occupancy permit CPA Planning Department ATTACHMENT C ZONING COMPARISON TABLE 3001 El Camino Real, 16PLN-00097 Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) Mixed-Use Development Standards Regulation Required Existing Proposed Minimum Site Area, width and depth None Currently 3 parcels 1.97 acres (49,927 sf in CS Zone) Minimum Front Yard 0-10 feet to create an 8-12 foot effective sidewalk width (1), (2), (8) 11 feet to create a 19’ sidewalk 4’ setback to provide 12’ wide effective sidewalk Rear Yard 10’ 70’ 5 feet for ramp; 75 feet for building (Design Enhancement Exception requested) Interior Side Yard 10’ N/A N/A Street Side Yard (Acacia Avenue) 5’ N/A (surface parking lot) 5’ Street Side Yard (Olive Avenue) 5’ 0’ 5’ Min. yard for lot lines abutting or opposite residential districts or residential PC districts 10 feet (2) 70’ 5’ for ramp; 75 feet for building (See above: DEE requested) Build-to-lines 50% of frontage built to setback on El Camino Real(7) (total frontage 239’7”) 33% of side street built to setback on Acacia Avenue (total side street 189’11”) 33% of side street built to setback on Olive Avenue (189’11”) 0% N/A (surface parking lot) 113’ (56.5%) 137’10” (57%) 63’10” (33%) 79’6” (42%) Special Setback 24 feet – see Chapter 20.08 & zoning maps N/A N/A Permitted Setback Encroachment Balconies, awnings, porches, stairways, and similar elements may extend up to 6' into the setback. N/A Balconies extend up to 4’ into the 12’ front setback. Max. Site Coverage 50% (24,963 sf) APN 132-37-056: 42% APN 132-37-055: 37% APN 132-38-072: N/A (surface parking lot) 47% (23,310 sf) Minimum Landscape Open Space 30% (8,989 sf) Not provided (all surface parking lot) 42% (21,212 sf) Max. Building Height 50 ft or 35 ft within 150 ft. of a residential district (other than an RM-40 or PC zone) abutting or located within 50 feet of the site Two buildings 14 feet and 18 feet in height 50 feet; steps down to 35’ Residential density (net) 30 None 30 Max. Floor Area Ratio (FAR) Residential 0.6:1 (29,956 sf) Retail 0.4:1(19,971 sf) Residential: None Retail: APN 132-37-056: 0.42 APN 132-37-055: 0.37 Residential 0.6:1 (29,952 sf) Retail 0.4:1 (19,798 sf) Daylight Plane for lot lines abutting one or more residential zone districts other than an RM-40 or PC Zone (6) Appears to comply with 16 feet at 60 degrees Complies with 16 feet at 60 degrees (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage 18.16.080 Performance Standards. As further described in a separate attachment, all development in the CS district shall comply with the performance criteria outlined in Chapter 18.23 of the Zoning Ordinance, including all mixed use development 18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Retail and Residential Type Required Existing Proposed Vehicle Parking Retail: 1 space/200 sf= 99 Studio Units (12): 1.25 spaces/unit= 15 One bedroom Units (6): 1.5 spaces/unit= 9 Two+ Bedroom Units (12): 2 spaces/unit= 24 Residential guest parking: 33% of units= 10 Total of 157 parking spaces required 11 spaces (additional surface parking lot roped off) 152 spaces (shared parking adjustment requested) Bicycle Parking Retail: 1/2,000 sf (20% long term and 80% short term) equals 2 LT and 8 short term spaces; Guest: 3 ST Residential: Studio: 12 LT One bedroom: 6 LT Two+ bedroom units: 12 LT None 43 spaces (32 long term, 11 short term) Loading Space 1 loading spaces 5,000 – 29,999 sq. ft. 1 on street and one part-time loading (required further resolution) ATTACHMENT D ZONING COMPARISON TABLE 3001 El Camino Real, 16PLN-00097 Table 1: COMPARISON WITH CHAPTER 18.13 (RM-30 DISTRICT) Regulation Required Existing Proposed Minimum/Maximum Site Area, Width and Depth 8,500 sf area, 70 foot width, 100 foot depth Complies (currently 3 lots) 30,738 sf (0.7 acres) Minimum Front Yard (2) 20 feet Parking lot 20 feet Rear Yard 10 feet Parking lot 28’3” above and below grade Interior Side Yard 6 feet Parking lot 20’6” and 70’ above and below grade Street Side Yard 16 feet Not applicable Not applicable Max. Building Height 35 feet Parking lot 33’ Side Yard Daylight Plane 10 feet at interior side lot line then 45 degree angle Not Applicable Complies Rear Yard Daylight Plane 10 feet at rear setback line then 45 degree angle Not Applicable Complies Max. Site Coverage 40% (12,295.2 sf) Parking lot 38% (11,710 sf) Max. Total Floor Area Ratio 60% (18,443 sf) Parking lot 0.63 (19,535 sf) Does not comply; requires revision prior to decision Minimum Site Open Space 30% (9,221.5 sf) Not Applicable 41.5% (12,738 sf without R-1 portion) Minimum Usable Open Space 150 sf per unit (3,000 sf for 20 units) Not Applicable 222 sf per unit (4,440 sf) Minimum Common Open Space 75 sf per unit (1,500 sf for 20 units) Not Applicable 222 sf per unit (4,440 sf) Minimum Private Open Space 50 sf per unit (sf) Not Applicable 90-230 sf per unit Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking) for Multiple-Family Residential Type Required Proposed Vehicle Parking 2 spaces per unit, of which at least one space per unit must be covered. 29 spaces required Guest Parking: 33% of total number of units. 7 required 29 spaces 8 spaces Bicycle Parking 1 space per unit (100% long term) plus 1 short term space per 10 units 20 LT and 2 ST Attachment E: Context-Based Design Criteria 3001 El Camino Real 16PLN-00097 Pursuant to PAMC 18.16.090(b), the following context-based design considerations and findings are applicable to the CS Zoned portion of this project. These context-based design criteria are intended to provide additional standards to be used in the design and evaluation of development in a commercial district. The purpose is to encourage development in a commercial district to be responsible to its context and compatibility with adjacent development as well as to promote the establishment of pedestrian oriented design. 1. Pedestrian and Bicycle Environment Project Consistency 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 provides bike racks near the building entrances for short term use as well bike lockers in the garage to support the bicycle environment. The street facades provide canopy coverage along the sidewalks and provide pedestrian shelter, which supports street activity. The site circulation with a central plaza and walkway provides an easy connection for pedestrians to travel within the site. 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 project provides substantial sidewalks to allow for pedestrian ease of use and includes canopies for shelter; the street facades are primarily storefront windows that supports an interior connection with the street and pedestrians; and the placement of an open plaza along the El Camino Real frontage provides a strong connection with the street and supports accessory outdoor activities on the site. 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 proposed project complies with the CS zone setback requirements while also meeting the build-to line requirements in accordance with the South El Camino Real Design Guidelines and the design incorporates appropriate articulation and materials as well balconies that help break-up the mass of the building. 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. The proposed buildings are both set back substantially further than required from the property lines and the project is consistent with height requirements within the 150 foot radius of single-family residential uses. 5. Project Open Space Private and public open space shall be provided so that it is usable for the residents and visitors of the site. This finding can be made in the affirmative in that the project provides open space with private balconies for the residents and an at-grade plaza and walkways for all to use. 6. Parking Design Parking 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 and accessed from side streets and the project eliminates parking lots and curb cuts along El Camino Real. Also, the majority of parking spaces are located within a below-grade garage. 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. Although the proposed street façade along El Camino Real may seem tall in comparison to adjacent buildings, the façade built up to the build-to-line, is encouraged in accordance with design criteria for El Camino Real, which notes that buildings should be a minimum 25 feet in height to provide a presence in scale with El Camino Real. Gathering spaces clearly define entrance areas along the frontage. Project elements such as balconies are provided along the frontage to signal habitation and entrances to both retail and residential uses are provided along the frontage. The proposed building along El Camino Real includes ground floor retail with extensive windows that provide visibility into the retail stores as well as an outdoor seating area on the corner of Acacia and El Camino Real. These design features contribute positively to the pedestrian experience. 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 is subject to the California Green Building Code (CalGreen, Tier 2) and includes a variety of sustainable elements. The project will utilize low-water use plants and will comply with C3 and MWELO requirments. Pursuant to PAMC 18.13.060, the following context-based design considerations and findings are applicable to the RM-30 Zoned portion of this project. These context-based design criteria are intended to provide additional standards to be used in the design and evaluation of development in multi-family residential districts. The purpose is to encourage development in a multi-family residential district to be responsible to its context and compatibility with adjacent development as well as to promote the establishment of pedestrian oriented design. 1. Massing and Building Facades Project Consistency Massing and building facades shall be designed to create a residential scale in keeping with Palo Alto neighborhoods, and to provide a relationship with street(s). The project provides most parking below-grade and includes windows, doors, and balconies along the frontage to provide a human scale and signal habitation. The entries are in keeping with the scale of the building and are oriented toward the street. Pedestrian amenities, new landscaping, and new street trees provide visual interest and human scale along the frontage. The materials are of a high quality and the project frontage uses balconies and a variety in the setbacks to provide articulation. The project is set back further than the required setback along the side lot lines and rear of the property. In addition, the majority of the building is 25 feet tall where 35 feet is allowed which provides a better transition between the adjacent single-family residential uses. All exposed sides of the building are designed with the same level of care and integrity. 2. 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. The project is set back further than the required setback along the side lot lines and rear of the property. In addition, the majority of the building is approximately 25 feet tall where 35 feet is allowed adjacent single-family residential uses. This proposed height provides a better transition between the adjacent single-family residential uses. All exposed sides of the building are designed with the same level of care and integrity. As discussed above, the project setbacks both on the side property lines as well as along the rear property line are greater than the setbacks required to comply with the municipal code. This area is also planned to be heavily landscaped. As shown on the landscaping plan sheets, the proposed trees along the rear property line are expected to be 15 feet tall at 5 years and would grow to a mature height of 40-50 feet to provide a substantial buffer between the project and adjacent single-family residences. The project is well below the rear daylight plane requirements ensuring that sun and shade impacts on the neighboring residential uses would not be an issue. 3. Project Open Space Private and public open space shall be provided so that it is usable for the residents and visitors of a site. This finding can be made in the affirmative in that the open space is designed for both passive and active uses, incorporating seating into the landscaped areas as well as providing a BBQ. Both private and common open space is provided beyond the minimum requirements and common open space is sheltered from noise and wind to provide useable gathering spaces. Gathering spaces and pedestrian amenities are provided along the frontage to increase eyes on the street and activate the pedestrian areas. 4. 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 mostly provided below-grade with guest parking stalls provided at grade for convenience. The applicant has set the first floor at 4 feet above grade in order to provide privacy for the first floor residence but to maintain the pedestrian scale. 5. Larger (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. The proposed mixed-use development responds to its immediate environment by reducing the height of the majority of the building to approximately 25 feet where 35 feet is allowed adjacent single-family residences. Gathering spaces and pedestrian amenities improve the pedestrian experience in the immediate area and the project includes street level bicycle parking where none was previously provided. 6. Housing Variety and Units on Individual Lots Multifamily projects may include a variety of unit types such as small-lot detached units (Figure 6-1), attached rowhouses/townhouses (Figure 6-2), and cottage clusters in order to achieve variety and create transitions to adjacent existing development. The proposed project includes a single multi-family residential building in the RM-30 zone and therefore is not subject to these additional requirements for small-lot detached units, townhouses or cottage clusters. The project is consistent with all applicable code requirements for developments within the RM-30 Zone District. 7. 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 is subject to the California Green Building Code (CalGreen, Tier 2) and includes a variety of sustainable elements. The project will utilize low-water use plants and will comply with C3 and MWELO requirments. The project is designs to provide a comfortable microclimates in common open space areas at the rear of the building and parking areas meet vegetation shading requirements to reduce the heat island effect. Short term bicycle parking is provided at most doors and exceeds requirements to provide convenience for bicyclists. The project is located in close proximity to several bus stops and the California Avenue Caltrain station. Attachment F Performance Criteria 18.23 3001 El Camino Real 16PLN-00097 These performance criteria are intended to provide additional standards to be used in the design and evaluation of developments in the multi-family, commercial, and industrial zones. The purpose is to balance the needs of the uses within these zones with the need to minimize impacts to surrounding neighborhoods and businesses. The criteria are intended to make new developments and major architectural review projects compatible with nearby residential and business areas, and to enhance the desirability of the proposed developments for the site residents and users, and for abutting neighbors and businesses. 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. The project includes trash enclosure facilities at the rear of each building. The facilities are fully enclosed and not in clear sight of any public right-of-way or neighbors. To minimize the visual impacts of lighting on abutting or nearby residential sites and from adjacent roadways. The proposed exterior lighting is sufficient to provide safe circulation and is directed downward to reduce glare and impacts to the project’s residents as well as adjacent residents. The photometric studies show that there is no light spillover. The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick-up. Current project proposal does not include late night uses or activities. Future commercial tenants that would like this will need to file for a Conditional Use Permit, as required per the Zoning Code. Privacy of abutting residential properties or properties with existing residential uses located within nonresidential zones (residential properties) should be protected by screening from public view all mechanical equipment and service areas. Landscaping should be used to integrate a project design into the surrounding neighborhood, and to provide privacy screening between properties where appropriate. The project is adjacent to residential uses and provides landscape screening across the parking lot and along the property boundaries between residential uses and the project. The buildings are set back substantially further than the required distance providing extra space and daylight plane to ensure light, air, and privacy. Mechanical equipment and service areas are screened. 18.23.020 Trash Disposal and Recycling Project Consistency 18.23.030 Lighting 18.23.040 Late Night Uses and Activities 18.23.050 Visual, Screening and Landscaping The requirements and guidelines regarding noise and vibration impacts are intended to protect residentially zoned properties or properties with existing residential uses located within nonresidential zones (residential properties) from excessive and unnecessary noises and/or vibrations from any sources in abutting industrial or commercially zoned properties. Design of new projects should reduce noise from parking, loading, and refuse storage areas and from heating, ventilation, air conditioning apparatus, and other machinery on nearby residential properties. New equipment, whether mounted on the exterior of the building or located interior to a building, which requires only a building permit, shall also be subject to these requirements. Loading, refuse storage, and all mechanical equipment is set back substantially from adjacent single-family residential uses. Although the proposed ramp to the parking garage is located in close proximity to an adjacent residence, landscaping and a sound wall are provided to limit noise. Also, by constructing the ramp in this location the circulation reduces car trips toward Olive Avenue, reducing noise from cars leaving the site as well as traffic on Olive Avenue adjacent these single family residential uses. The project would comply with PAMC 9.10. The visual impact of parking shall be minimized on adjacent residentially zoned properties or properties with existing residential uses located within nonresidential zones. The project’s parking is primarily located below grade and is designed to be focused away from the street frontages where they are more visible. The guidelines regarding site access impacts are intended to minimize conflicts between residential vehicular, pedestrian, and bicycle uses and more intensive traffic associated with commercial and industrial districts, and to facilitate pedestrian and bicycle connections through and adjacent to the project site. The site circulation facilitates easy access for all modes of transportation. The project includes short-term and long-term bike parking. The project eliminates a curb cut along El Camino Real and provides a pedestrian hybrid beacon crosswalk across El Camino Real, which would make a safer pedestrian experience. The proposed circulation design also significantly reduces trips leaving the site toward Olive Avenue, reducing impacts on adjacent single-family residences along Olive Avenue. The requirements for air quality are intended to buffer residential uses from potential sources of odor and/or toxic air contaminants. No uses on the site would produce odor or toxic air. Future uses are required to comply with these performance standards. Mitigation measures have been incorporated into the project to ensure that air quality would not result in impacts to future residents at the site. In accordance with Titles 15 and 17 of the Palo Alto Municipal Code, minimize the potential hazards of any use on a development site that will entail the storage, use or handling of hazardous materials (including hazardous wastes) on-site in excess of the exempt quantities prescribed in Health and Safety Code Division 20, Chapter 6.95, and Title 15 of this code. This is not applicable to the proposed uses associated with the project. 18.23.060 Noise and Vibration Project Consistency 18.23.070 Parking 18.23.080 Vehicular, Pedestrian and Bicycle Site Access 18.23.090 Air Quality 18.23.100 Hazardous Materials Memorandum Date: August 4, 2017 To: Mr. Robert Tersini, The Sobrato Organization From: Gary Black, Ricky Williams, and Jane Clayton Subject: Parking Management Plan for 3001 El Camino Real Hexagon Transportation Consultants, Inc. has completed a Parking Management Plan for the mixed-use development at 3001 El Camino Real in Palo Alto, California. The project consists of two buildings that are referred to as the CS and RM-30 buildings, in reference to the existing zoning regulations for the parcels that make up the site. The CS site includes the development of a three/four-story mixed-use building along the El Camino Real frontage with 19,798 square feet (s.f.) of first-floor retail space and 30 residential dwelling units. The RM-30 site includes the development of a partially below-grade, three-story residential building along the Acacia Avenue frontage with 20 residential units. This Parking Management Plan is based on the site plan provided by The Sobrato Organization and Steinberg Architects, dated May 22, 2017. The purpose of this plan is to identify the parking requirements of the proposed project and parking strategies to ensure that the parking supply is adequate. Parking Requirements The parking requirements for the project are based on the City of Palo Alto municipal code. Based on this code, the project would be required to provide adequate parking on each site for its respective use. Based on the City parking requirements, the project would need to provide parking on-site at the following rates: Residential: 1.25 spaces per studio unit; 1.5 spaces per 1-bedroom unit; 2 spaces per 2- bedroom or larger unit Residential Guest: 33% of the number of residential units Retail: 1 parking space per 200 s.f. of gross floor area Based on the above requirements, the project would be required to provide a total of 193 parking spaces, including 99 retail spaces, 77 residential spaces, and 17 residential guest spaces. The required 77 residential spaces are based on the following for the project as a whole: Studios: 24 units x 1.25 = 30 parking spaces 1-Bedroom units: 10 units x 1.5 = 15 parking spaces 2 or more bedroom units: 16 units x 2 = 32 parking spaces The requirement for 17 residential guest parking spaces is based on a total of 50 units (50 x .33 = 17) because the Palo Alto municipal code requires 33% guest parking if more than one space per unit is assigned or secured. The project will provide secured residential parking that is separate from the retail parking in the below-grade garage of the CS structure. Residential parking will be 3001 El Camino Real Parking Management Plan August 4, 2017 Page | 2 assigned in both structures. It should be noted that the 33% parking requirement for residential guests is higher than the residential guest parking requirements in surrounding municipalities. Table 1 summarizes the parking requirements and parking provided for each of the sites. Table 1 Parking Summary for 3001 El Camino Real Size or Parking Parking Parking Site and Use d.u.Requirement a Required Provided Location of Spaces CS Site Retail 19, 798 s.f. 1 per 200 s.f. 99 99 68 below grade, 31 surface Residential Studio 12 units 1.25 per unit 15 15 1-bedroom 6 units 1.5 per unit 9 9 2+ bedroom 12 units 2 per unit 24 24 Total Residential 30 units 48 48 48 below grade Residential Guest 33% of units 10 5 5 surface Total CS Site 157 152 116 below grade, 36 surface RM-30 Site Residential Studio 12 units 1.25 per unit 15 15 1-bedroom 4 units 1.5 per unit 6 6 2+ bedroom 4 units 2 per unit 8 8 Total Residential 20 units 29 29 29 below grade Residential Guest 33% of units 7 8 8 surface Total RM-30 Site 36 37 29 below grade, 8 surface Total Project 193 189 145 below grade, 44 surface Note: (a) Parking requirements are per Palo Alto Municipal Code, Section 18.52.040 Figure 1 Below-Grade Parking (6) 3001 El Camino Real TDM Plan Figure 2 Ground-Level Parking 3001 El Camino Real TDM Plan 3001 El Camino Real Parking Management Plan August 4, 2017 Page | 5 Parking Supply Parking for the project would be provided in four areas. Both the CS site and the RM-30 site would include below-grade parking areas and both would also include surface parking areas. Figures 1 and 2 show the below-grade and ground level parking areas, respectively. These parking areas would provide a total of 189 parking spaces, including 99 retail spaces, 77 secured residential spaces, and 13 residential guest spaces. Access to the CS site is provided through two driveways, one on Olive Avenue and one on Acacia Avenue, while access to the RM-30 site is provided through one driveway on Acacia Avenue. The project would provide four fewer parking spaces than would be required for the residential guest parking. Hexagon does not believe that this would cause any on-site parking demand issues based on the shared nature of the parking supply. A shared parking analysis was conducted in order to support this claim. The project has also provided for potential additional parking needs on the CS site by including a pit below some of the secured residential parking spaces in the below-grade garage. The pit would allow conversion of those parking spaces for use with mechanical parking lifts, providing space for two cars per stall in the future if necessary. In that case, the residential gate would be moved to keep the same number of residential spaces utilizing the lifts and increase the number of retail spaces. It is not currently anticipated that these additional spaces would be needed, but if one of the retail space occupants were a restaurant with greater parking needs, this foresight will provide the needed flexibility to adjust the parking supply in the future. Shared Parking Analysis Since the project would include complementary land uses on the CS site, on-site parking can be shared between the retail and residential guest uses. The shared parking analysis is based on the Urban Land Institute’s publication entitled Shared Parking, which provides parking occupancy rates for many land uses according to time of day. Based on the land uses provided on the CS site and the City’s municipal code, the project is required to provide 157 parking spaces, including 99 retail spaces, 48 residential spaces, and 10 residential guest spaces. The project site is proposing 152 parking spaces (99 retail, 48 residential, and 5 residential guest spaces) on the CS site, which is five fewer guest spaces than required. Because one more space than required is being provided on the RM-30 site, the project as a whole is providing four fewer spaces than required. As shown on the below-grade parking plan (see Figure 1), the 48 parking spaces for the residents of the CS site in the below-grade parking area would be fenced off from the portion of the garage open to retail employees and customers. Thus, the residential spaces are not included in the shared parking analysis, since only the retail and residential guest spaces would be shared. The combined requirement for the shared uses is 109 spaces (99 for retail and 10 for residential guests). According to the shared parking analysis (see Table 2), the project would only need to provide 104 shared spaces to meet the on-site parking demand for the two proposed uses. This is because the peak demand for the retail use and the peak demand for residential guest spaces do not occur at the same time of the day. Peak demand for retail occurs mid-day, and peak demand for residential guests occurs in the evening hours. The combined peak demand occurs at 7:00 PM on weekdays. Therefore, the 104 spaces provided would be adequate to meet this peak demand. 3001 El Camino Real Parking Management Plan August 4, 2017 Page | 6 Table 2 CS Site Shared Parking Analysis Based on the site plan, two parking spaces located in the surface parking area would be needed during certain hours for access to the trash enclosure. Two spaces near the Olive Avenue driveway would be located by the trash enclosure and parking would be prohibited during trash pick-up times. Therefore, when parking is restricted for these two parking spaces, the project would provide 102 total shared parking spaces. However, the parking restrictions would be in effect during the morning hours only. During the afternoon and evening when the site is expected to experience its peak parking demand, there would be no restriction on the use of these spaces, therefore leaving all 104 spaces available. Because combined demand reaches 101 spaces by 1:00 PM, the project should ensure that the two trash collection spaces are unrestricted by noon. As long as the parking restrictions for the spaces adjacent to the trash collection area are in effect only during the morning hours, the number of spaces provided on site would be adequate to meet the estimated parking demand for the CS site. The project would provide 37 total spaces on the RM-30 site. Per the City’s requirements, a total of 36 spaces would be required on this site, including 29 for the residential use, and 7 for residential guests. The RM-30 site would provide 29 residential spaces and 8 guest spaces, which is one space more than the requirement. The additional guest space would also be open to guests of the CS building residents. Wkdy Wknd Wkdy Wknd Wkdy Wknd 6 a.m. 3 3 0 0 3 3 7 a.m. 7 7 1 2 8 9 8 a.m. 20 16 2 2 22 18 9 a.m. 43 39 2 2 45 41 10 a.m. 68 56 2 2 70 58 11 a.m. 86 70 2 2 88 72 Noon 95 83 2 2 97 85 1 p.m.99 91 2 2 101 93 2 p.m. 95 99 22 97101 3 p.m. 91 99 22 93101 4 p.m. 91 95 2 2 93 97 5 p.m. 94 90 4 4 98 94 6 p.m. 94 80 6 6 100 86 7 p.m. 94 75 10 10 104 85 8 p.m. 81 66 10 10 91 76 9 p.m. 54 52 10 10 64 62 10 p.m. 32 37 10 10 42 47 11 p.m. 11 15 8 8 19 23 Midnight 0 0 5 5 5 5 Max. Demand 99 99 10 10 104 101 Source: Urban Land Institute (ULI) Shared Parking, 2nd Edition, 2005 . Total DemandHour of Day Residential GuestRetail Parking Demand by Hour 3001 El Camino Real Parking Management Plan August 4, 2017 Page | 7 Parking Management Measures To ensure that the parking supply is used efficiently and as intended the following measures should be implemented.  Residents should be prohibited from parking in the retail and guest spaces.  The retail and guest spaces should be marked and signed as “RETAIL/GUEST PARKING ONLY.”  The curb adjacent to each retail and guest parking space should be painted green. If no curb is present, the parking lane lines and/or parking stop should be painted green.  The retail and guest spaces should be clearly marked and signed.  All driveways and the entrances to the residential secured parking areas should include a “PARKING RESTRICTED 24 HRS A DAY” sign. Furthermore, it is recommended that the project establish a monitoring system for the on-site parking. The monitoring system would monitor residential violators, i.e., residents that park outside the residential secured parking areas in one of the retail and guest parking spaces, and issue warnings accordingly. The monitoring system would be established and maintained by the project’s property manager and/or the manager of the residential units. If violations persist, the project should consider a towing ordinance and the appropriate accompanying tow away signs. Conclusions Based on the shared parking analysis, the project would provide adequate parking to meet the anticipated parking demand on-site. The project should ensure that the two spaces adjacent to the trash collection area are unrestricted after noon. Also, the project should ensure that the retail and guest parking spaces, driveways, and entrances to the residential secured parking areas are marked and signed as described above. In addition, the project should establish a monitoring system for the on-site parking. Attachment H Environmental Documents Hardcopies of the Initial Study/Mitigated Negative Declaration are provided to Commissioners. This document is available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Environmental Documents online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “3001 El Camino Real” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “Final Initial Study-Mitigated Negative Declaration” and “Final Initial Study-Mitigated Negative Declaration Appendices” Attachment I Project Plans Hardcopies of project plans and Preliminary Parcel Map are provided to Commissioners. These plans are available to the public online and by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “3001 El Camino Real” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “2017-1010 Project Plans” 6. Open the attachment named “2017-1010 Preliminary Parcel Map” City of Palo Alto | City Clerk's Office | 10/11/2017 9:00 AM 1 Carnahan, David From:Pepper Person <pepperxigua@gmail.com> Sent:Wednesday, October 11, 2017 8:57 AM To:Council, City Cc:Rebecca Sanders Subject:3001 El Camino Dear City Council (cc: VNA), We received notice of a very special public hearing of the city council for 3001 El Camino Real... And in this notice, you state that a draft MND was circulated for public review on 7/3/2017. Circulated where? To what public? Let's go back to the article in the Mercury News ( http://www.mercurynews.com/2017/07/19/50-apartment-project-on-el- camino-gets-ok-from-palo-alto-commission/ ). In that article, Commissioner Gardias wondered why there was a lack of community discussion around the project at 3001 El Camino. Here, Planning Director Hillary Gitelman hypothesized that the "likely answer could be that the project is not asking for any zoning variances." Well, now there is a Design Enhancement Exception. Maybe that will bring out the community. But there are obviously a few questions to answer. First, why isn't there any tip for how to find the final MND on this notice? Why not provide a link? The assertion that the draft MND was circulated should be qualified, to note that it was an extremely limited circulation. Sending out notices saying that a draft MND was circulated and now there's a final MND, without any guidance as to find those, is disingenuous at best. Do you really think that people will call each project's representative, or piddle around the CoPA website, to find these items? You specify the representative, why not add a simple link? Second, is it possible for a developer to build something in Palo Alto without an MND? Could there actually be a project without a document full of negatives? Third, is it possible for a developer to build something in Palo Alto without a cornucopia of variances? How many will follow this one? Why even have rules, if they're so rarely followed? These projects seem to follow a familiar tack. Get approval without variances. Add variances. Get approval. Perhaps we should merge Palo Alto with Mountain View, or rebrand as Mountain Alto, since we obviously look at our neighbors to the south as role models on how to grow. City of Palo Alto | City Clerk's Office | 10/11/2017 9:00 AM 2 Regards, Jason Robinson, PhD, MBA Jieming Robinson