HomeMy WebLinkAboutStaff Report 8458
City of Palo Alto (ID # 8458)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/18/2017
City of Palo Alto Page 1
Summary Title: 3877 El Camino Real Mixed-Use Project
Title: PUBLIC HEARING / QUASI-JUDICIAL. 3877 El Camino Real [14PLN-
00464]: Adoption of a Mitigation Monitoring and Reporting Plan and
Approval of a Site and Design Review for the Demolition of the Vacant 5,860
Square-Foot Commercial Building and Construction of a new Mixed-Use
Project. The Project Includes a 4,027 Square Foot Commercial Building and 17
Dwelling Units (Flats and Townhouses). Parking for the Project is Provided in
a Basement. The Applicant Also Requests Approval of a Design Enhancement
Exception to Allow the Basement to Encroach Into the Required Rear Yard
Setback Below Grade. Environmental Assessment: A Mitigated Negative
Declaration was circulated between March 6, 2017 and April 7, 2017. Both
the Planning & Transportation Commission (March 8, 2017) and Architectural
Review Board (May 18, 2017) have Recommended Approval of the Project.
Zoning Districts: CS and RM-30 (Continued From August 28, 2017)
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council take the following actions:
1. Adopt the attached Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program as set forth in the Record of Land Use Action (Attachment B)
2. Adopt the Record of Land Use Action approving Site and Design and Design
Enhancement Exception applications, based on findings and subject to conditions
of approval as recommended by the Planning & Transportation Commission
(March 8, 2017) and Architectural Review Board (May 18, 2017)
Executive Summary
The applicant requests approval of a Site and Design and a Design Enhancement
Exception to allow the demolition of a vacant commercial building and construction of a
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new mixed-use project. The project is located on a 32,825-square foot L-shaped parcel
with street frontage along El Camino Real and Curtner Avenue. The site includes two
zoning designations: commercial and residential zoning. The project includes a three-
story mixed-use building including six residential flats along the site’s frontage on El
Camino Real (the CS zoned area), 11 residential two-story townhouses in the rear
portion of the site (RM-30 zoned area), and a below-grade garage that would include all
of the required parking for the site. A total of two deed restricted affordable housing
units are being provided on site. The requested Exception is for a reduction in the rear
setback of the basement garage from 10’-0” to 6’-2” and will be entirely below grade.
The Planning and Transportation Commission conducted a public hearing on the project
on March 8, 2017 and recommended approval of the project to the City Council (3-1).
The Architectural Review Board conducted a public hearing on the project on May 18,
2017 and recommended approval of the project to the City Council (3-0-2).
Background
The project site consists of approximately 32,825 square feet (0.75 acres) and supports
an existing 5,860 square-foot vacant building and parking lot. The site is “L” shaped
with street frontage on both El Camino Real (CS zoning district) and Curtner Avenue
(RM-30).
The proposed project involves demolition of the existing building along El Camino Real
and construction of a new mixed-use project (mixed-use building & 11 townhomes).
The contemporary-designed mixed-use building is proposed to be three stories
containing 4,035 square feet of commercial area (including 896 square feet of common
area—lobby, etc.) and six residential flats (five market rate and one affordable unit) on
the commercially zoned portion of the property (0.25 acres). The project is designed
with smooth stucco, composite paneling, rain-screens and glass. Behind this building on
the portion of the lot zoned RM-30 (0.50 acres), the proposed residential townhouses
would be two stories each and are configured as four duplexes and one triplex for 11
more two bedroom units, for a total of 17 units for the site. The total residential floor
area is 22,243 square feet; and the total project floor area is 26,278.
All the parking for the project is provided below grade. The garage would include 34
spaces assigned to the residential units, seven guest spaces, and 21 commercial
parking spaces for a total of 62 parking spaces. The proposed parking slightly exceeds
the City’s requirements. Garage access is provided with a two-way driveway ramp
accessed from Curtner Avenue and an ingress-only (one-way) ramp on El Camino Real.
Trash facilities for the project are in the basement area as well as bicycle lockers. Both
stairwells and elevators are provided. The Design Enhancement Exception (DEE)
request is for the decrease in the 10’-0” setback in the rear at the basement to 6’-2”.
This allows for the basement to provide the necessary dimensions accommodating the
parking spaces and drive aisles.
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The project is proposing ownership units (condos), so 15% of the units are required to
be affordable. This equates to two units, plus in-lieu fees for the remaining fraction (17
DU x 15% = 2.55). The provision of on-site affordable housing qualifies the project for
design concessions under the State density bonus law and the applicant is seeking a
code-authorized concession related to floor area (see discussion below).
The pedestrian access to the commercial portion of the project would be provided from
the existing sidewalk along El Camino Real. A wide walkway would be created at the
southwestern corner of the building leading to the interior of the site. This would
provide access to the lobby for the residential portion of the mixed-use building and to
a pedestrian gate leading to the common open space area at the northern end of the
mixed-use building and farther into the site to access the residential townhouses.
Security proposed for the site includes both active and passive measures including the
use of patrols, cameras and security gates. Other measures will be reviewed as part of
a security plans submitted to the City prior to the operation of the site.
Previous Meetings
The project was the subject of one preliminary ARB meeting, one study session ARB
meeting, two formal ARB meetings and one PTC meeting.
December 19 2013 Preliminary ARB
The ARB conducted a preliminary meeting to provide comments on the proposal. At
that time, the project had a similar amount of dwelling units and commercial square
footage, however, it had a a different design and vehicular ingress/egress proposal with
an entry from El Camino Real.
Staff report:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=38231
December 2015 ARB Study Session (no staff report)
The ARB conducted a study session on the project receiving an update on the project.
At that time, the El Camino Real entry was eliminated. The ARB commented that the
retail component would be more successful with the entry along El Camino Real to be
restored.
Video http://midpenmedia.org/architectural-review-board-34/
March 8, 2017 PTC
The PTC conducted a hearing on the application and recommended approval of the
project 3-0-0-2 to the City Council. There was public testimony regarding the historic
resources evaluation completed for the project site. The evaluation concluded that the
existing building was not considered eligible for historic listing.
Staff report:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=56281
Video: http://midpenmedia.org/planning-transportation-commission-44/
City of Palo Alto Page 4
Minutes: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=56645
April 6, 2017 Formal ARB
The ARB conducted a formal meeting and provided comments to the applicant to revise
the project including landscaping, colors/materials, security and commemorative plaque
to acknowledge former use of site. The vehicular entry to the basement at El Camino
Real was restored.
Staff report:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=56818
Video: http://midpenmedia.org/architectural-review-board-60/
Minutes: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=57470
May 18, 2017 Formal ARB
The applicant returned with a revised project that addressed the Board’s issues from
the previous meeting. The Board recommended approval of the project 3-1 to the City
Council.
Staff report:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=57841
Video: http://midpenmedia.org/architectural-review-board-62/
Minutes: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=58269
Discussion & Summary of Key Issues
The City Council is requested to adopt the project’s Mitigated Negative Declaration
(MND) along with its Mitigation and Monitoring Reporting Program (MMRP); approve
the project’s Site and Design application; and approve the project’s Design
Enhancement Exception application.
The following summarizes the key issues that arose during the public meetings this year
leading to the PTC and ARB recommendations including the historic resource evaluation
associated with the existing building, traffic, affordable housing, and neighborhood
compatibility.
Existing Building
The project site currently contains one approximately 5,860 square-foot building, the
vacant former Compadres restaurant. A portion of the building dates to 1938; however,
the building has been substantially modified since that time and retains very little
architectural character of the original building.
Because the project proposes to demolish the structure to make way for the
development and due to its age, a Historic Resources Evaluation was prepared by
Dudek (authors of the CEQA document) on behalf of the City. The methodology
included the review of City Building records, review of any records that the Palo Alto
Historical Association may have had, personal communication with the Silvestre family
(previous owners) and other community members with knowledge of the building and
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site and a field survey evaluating the exterior and interior of the building.
The existing building has not been recognized by City Council resolution, is not listed on
the City’s Historic Inventory, and was not surveyed as part of the City’s Historic Survey
Update completed in 2000. Upon review, the building does not appear eligible for listing
on the City’s inventory, the National Register of Historic Places, or the California
Register of Historical Resources eligible due in large part to its lack of physical integrity
resulting from numerous exterior and interior alterations.
Some of the comments from the public centered on whether the existing building was
eligible for historic listing. The following summary from the Historic Resources
Evaluation describes why the building is not considered eligible.
Significance Criteria
There are strict significance criteria that need to be made for any structure to be
eligible for historic listing under the California Register of Historic Resources and the
National Register of Historic Resources.
Archival research on the subject property failed to indicate associations with
events that have made a significant contribution to the broad patterns of history.
While the subject property is associated with the life of a historic person
(Gonzalo Silvestre, a master blacksmith of ornamental iron), it suffers from a lack
of physical integrity that prevents it from conveying those associations.
The subject property is a vernacular adobe building altered with more recent
building materials. While it may have stood as an intact example of a twentieth
century adobe building at one time in history, it no longer retains requisite
integrity of its original design, setting, materials, workmanship, feeling, or
association to convey its original architectural character.
There is no evidence to indicate that the subject property is likely to yield any
information important in prehistory or history, beyond what has already been
identified as a result of the current study. The subject property is also not
associated with an archaeological site or a known subsurface cultural
component.
More detailed analysis on these findings and the evaluation in its entirety can be found
in Appendix C of the Mitigated Negative Declaration.
Traffic
The project’s transportation was evaluated by Hexagon Transportation Consultants in
2016 (included as Appendix G of the project Mitigated Negative Declaration). The traffic
study evaluated a larger, but similar project (18 dwelling units and 4,024 square feet of
commercial compared to 17 dwelling units and 3,139 square feet). Using industry
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standards, the study indicated that the project would generate 256 daily trips that
would include 14 peak hour morning trips and 23 peak hour afternoon trips. Based on
standard criteria, the traffic study indicates no impacts to signalized intersections within
the study area.
The study also evaluated the parking for the project and determined that since the
project proposes to be consistent with the standards (drive aisle widths) that there
would be adequate back up distance; provided the DEE is ultimately approved. The
study recommends that additional red-curb be added on either side of the ramp along
Curtner Avenue to ensure adequate sight-distance.
The project provides an amount of vehicular and bicycle parking that exceeds the City
requirements and access to and throughout the site is sufficient. Each townhouse
provides bicycle parking near the front entrance in a void caused by the stairwell of
each building. This area would be secured and include bicycle parking apparatus so that
the space can only be used for parking bicycles.
The Curtner Avenue frontage is a suggested walking and bicycle route to Barron
Elementary School. The opposite side of El Camino Real is a suggested walking route to
Barron Elementary School. To alleviate potential conflicts with temporary construction
activities, the conditions of approval require that a “logistics plan” be submitted to the
City for review and approval. This would include information about phasing,
construction staging and construction routes. This would be the opportunity for the City
to ensure that construction, while temporary, does not impact the safety of those within
the vicinity of the project site.
Affordable Housing
Ownership housing projects with three or more units are required to meet the City’s
Below Market Rate (BMR) Housing Program. In accordance with PAMC Section
16.65.030, this project’s total BMR requirement is 2.55 units. When the BMR
requirement results in a fractional unit, an in-lieu payment to the Residential Housing
Fund may be made for the fractional unit.
To satisfy this requirement, the applicant is required to provide two BMR for-sale
housing units affordable to lower income households within the project in accordance
with the requirements set forth in Program H3.1.2 of the City of Palo Alto
Comprehensive Plan, Chapter 16.65 of the Palo Alto Municipal Code, and the BMR
Program rules and regulations. The fractional unit will result in an in-lieu payment to
the housing fund.
By meeting the City’s BMR requirements, the project also qualifies as a state density
bonus housing project pursuant to state law, which is codified in the City’s municipal
code in PAMC Chapter 18.15. This law allows a developer to increase the density of
housing units in a project beyond the standard provided in local regulations; take
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advantage of reduced parking requirements; and, receive concessions, or deviations
from the development standards in order to help off-set the cost of providing the
affordable units. The amount of concessions granted is dependent on the percentage
and restricted income level of the affordable units provided. To help guide developers
toward incentives that do not have a specific adverse impact to the public health, safety
or the physical environment, the city has adopted a list of incentives that the city has
already determined acceptable.
The proposed project is below the maximum allowed density for the site (22 units
allowed 17 units proposed) and the applicant is not seeking a density bonus for
additional units. However, the applicant proposes two deed restricted housing units or
11.7% of the units as affordable to moderate income levels (120% of the median
County income). This qualifies the applicant to receive one development concession. As
authorized in the City’s zoning code (PAMC 18.15.050[d][iv]) the applicant selected an
increase to residential floor area. The code allows an increase in the floor area ratio up
to 25% or up to the square footage of the restricted affordable units, whichever is less.
A 25% increase to the project’s floor area ratio dedicated to housing is 4,924 square
feet of area. The proposed deed restricted housing includes a total of 2,596 square feet
of area. Since the latter floor area is less than the 25% calculation, this is the maximum
floor area that can be added. According to the applicant, the additional floor area
offsets area that would attributed to the lobbies and elevator shafts and offsets the
costs of providing the BMR units.
While eligible for a parking reduction, the applicant is not seeking any modification to
required parking requirements. As designed, the project complies with the requirements
of the City’s BMR program, the state density bonus law, and the City’s implementing
regulations.
Neighborhood Compatibility
Context-Based Findings
According to Section 18.16.090 (CS zoned area) of the PAMC, compatibility is achieved
when apparent scale and mass of new buildings is consistent with the pattern of
achieving a pedestrian oriented design, and when new construction shares general
characteristics and establishes design linkages with the overall pattern of buildings, so
that the visual unity of the street is maintained.
In addition, according to Section 18.13.060 (RM-30 zoned area) of the PAMC,
compatibility is achieved when the apparent scale and mass of new buildings share
general characteristics and establishes design linkages with the overall pattern of
buildings so that the visual unity of the neighborhood or street is maintained.
The project site is mid-block on El Camino Real. A coffee shop (Starbucks) is located
immediately east of the project site and an automobile service use (Nine Minute Oil &
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Lube) is immediately west. A medical office (Agile Physical Therapy) is on the corner of
El Camino Real and Curtner Avenue. A multi-family residential development is located to
the north of the commercial properties that front on El Camino Real. Land uses on the
southern side of El Camino Real are similar, with commercial properties fronting El
Camino Real and multi-family and single-family residential properties to the south.
Within the vicinity of the site, buildings are generally low, one to two-story buildings.
Buildings are located along the sidewalk, however, the sidewalk within the vicinity is not
wide. The project proposes development that is consistent with the zoning code
development standards and the vision of the South El Camino Real Design Guidelines.
This includes providing the wide sidewalk, where none exists now and providing the
build-to setback as encouraged in the guidelines. The buildings within the vicinity are
not mixed-use; only commercial buildings. The proposed mixed-use building is
consistent with the zoning development standards and design guidelines, however,
there is no other comparable development nearby.
Performance Standards
The project is consistent with the City’s performance standards (PAMC Chapter 18.23)
which are applicable because of the project’s adjacency to other land uses. The project
includes adequate screening areas that act as buffers between the project and adjacent
residential uses. It is not expected that the operations of the site will interfere with the
privacy and general welfare of the neighboring properties.
Design Enhancement Exception
The applicant requests a DEE to allow for a reduced setback in the basement. This will
allow for the basement to accommodate all the parking for the project. Alternatively,
surface parking would need to be considered. Having the parking below grade is ideal
from an aesthetic perspective and is consistent with the context-based findings.
Policy Implications
The proposed project has been analyzed for conformance with the City’s zoning
regulations and the South El Camino Real Design Guidelines as described above, and
has also been analyzed for conformance with the City’s Comprehensive Plan. The
project is exempt from the Retail Preservation ordinance because the discretionary
entitlement project was submitted prior to March 2, 2015. Relevant Comprehensive Plan
Policies are identified in the Record of Land Use Action in Attachment B, and while
some may find inconsistencies with individual policies, the project complies with the
applicable Comprhensive Plan land use designations and on balance, the project is
consistent with the Comprehensive Plan as a whole.
Resource Impact
The site was expected to develop with residential and commercial uses so the impact
on resources (fire/police protection) is within expectations. The project is subject to
development impact fees to support various government functions including parks.
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Environmental Review
The subject project has been assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the environmental regulations of the City. Specifically, the project is
subject to a Mitigated Negative Declaration (MND). The document was circulated on
March 6, 2017 for 20 days. A link to the MND is provided in Attachment G. There are
mitigation measures related to biological resources.
Attachments:
Attachment A Location Map
Attachment B RLUA
Attachment C Zoning Comparison RM-30
Attachment D Zoning Comparison CS
Attachment E Performance Criteria
Attachment F Project Narrative
Attachment G CEQA Document
Attachment H MMP 3877 El Camino Real
Attachment I Project Plans
ACTION NO. 2017-____
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE
ACTION FOR 3877 EL CAMINO REAL: SITE AND DESIGN REVIEW,
DESIGN ENHANCEMENT EXCEPTION, MITIGATED NEGATIVE
DECLARATION, AND MITIGATION MONITORING AND REPORTING
PROGRAM (14PLN-00464)
On ____________, 2017, the Council of the City of Palo Alto approved the Site and
Design Review and Design Enhancement Exception applications for the demolition of a 5,860
square foot commercial building and construction of a new mixed-use project. The project includes
a three-story 35-foot tall, 4,027 square foot mixed use building and 17 two-story (29’-8”) dwelling
units (flats and townhouses). Parking for the project is provided in a basement and includes 62
parking spaces on a 32,825 square foot lot having two zoning districts (CS and RM-30). The project
also includes a reduction in a rear setback for the basement from 10 feet to 6’-2”. The City Council
made its determination by 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. Stuart Welte of EID Architects on behalf of Zijin, LLC, property owner, has requested
the City’s approval to allow the demolition of the existing building and on-site improvements and
the construction of a three-story mixed-use building including six residential flats along the site’s
frontage on El Camino Real (the CS zoned area), 11 residential two-story townhouses in the rear
portion of the
site, and a below-grade parking garage that would include all of the required parking for the site. A
total of two income deed restricted housings units are being provided on site. (“The Project”).
B. The project site is a single parcel (APN 132-41-091) of 0.75 acres in size in the Palo
Alto Ventura Neighborhood. The site is currently developed with a vacant two-story 5,860 square
foot restaurant building and the site contains and is accessible to existing utilities. The site is
designated on the Comprehensive Plan land use map as Service Commercial and Multiple Family
Residential and is located within the Service Commercial (CS) and Residential Multi-Family (RM-30)
zoning districts.
The project includes the demolition of existing on-site structures and the construction of a new
mixed-use project.
C. The Planning and Transportation Commission (Commission) reviewed and
recommended approval of the Project on March 8, 2017. The Commission’s recommendations are
contained in CMR_______ and the attachments to it.
D. The Architectural Review Board (Board) reviewed and recommended approval
of the Project on May 18, 2017. The Board’s recommendations are contacted in CMR _______ and
the attachments to it.
SECTION 2. Environmental Review and Findings. The City as the lead agency for the
Project has determined that the project is subject to environmental review under provisions of the
California Environmental Quality Act (CEQA) under Guideline section 15070, Decision to Prepare a
Negative or Mitigated Negative Declaration. An Initial Study/Mitigated Negative Declaration was
prepared in March 2017 for the project and identified potential significant impacts with the
implementation of the project. Those impacts can be reduced to a level of less than significant with
the incorporation of mitigation measures. On the basis of the whole record before it, that there is
no substantial evidence that the project will have significant effect on the environment and that
the mitigated negative declaration reflects the lead agency’s independent judgment and analysis.
The City of Palo Alto Planning & Community Environment Department is the custodian of these
documents. The City Council hereby approves the Mitigated Negative Declaration and
incorporates the Mitigation and Monitoring Report attached as Exhibit A into the Record of Land
Use.
SECTION 3. Site and Design Review Findings
1. The use will be constructed and operated in a manner that will be orderly,
harmonious, and compatible with existing or potential uses of adjoining or nearby sites. According
to the project’s Mitigated Negative Declaration (MND), the project’s construction would result in
some temporary impacts; however, they would not result in any incompatible activities. A logistics
plan is required to ensure that construction activities would not be harmful to the neighborhood.
Regarding the operation of the site, the site would comply with regulations regarding late-night
uses, noise ordinance, and solid waste handling. These are in place to ensure compatibility
between different sites and uses. While at this time, there is no specific use proposed, the project
would develop commercial spaces that would include retail and office uses. Those uses are
consistent with other uses along El Camino Real and the surrounding neighborhoods that include
both commercial and multi-family residential. Future specific uses would need to be consistent
with the City’s regulations.
The design of the site includes appropriate separation between the mixed-use building and the
solely residential component and the adjacent multi-family properties. The project is consistent
with the City’s Performance Standards set forth in Palo Alto Municipal Code 18.23, ensuring
compatibility between commercial and residential uses. Proposed lighting is directed downward to
prevent spillover to adjacent properties. Trash enclosures are located in the basement of the
project. The project provides the required setback above ground and includes vegetation and tree
plantings within the setback and open spaces. Mechanical equipment areas are screened
appropriately.
The site circulation facilitates access for all modes of transportation. The project includes short-
term
and long-term bike parking. On-site vehicular traffic will be directed underground, leaving the
above-ground for pedestrians and bicyclist. Wide walkways and plazas surround the commercial
areas and provide connectivity to the residential areas.
In compliance with the City’s affordable housing requirements, the project proposes to include two
below market rate dwelling units. This makes the project eligible for the State’s density bonus
concessions. In which the project proposes to provide additional square footage to the project
(2,596 square feet). Even with the additional square footage, the design of the project blends the
additional square footage into the overall site design.
2. The project is consistent with the goal of ensuring the desirability of investment,
or the conduct of business, research, or educational activities, or other authorized occupations, in
the same or adjacent areas. The project proposes a transformation in the site from a vacant
commercial building with a large surface parking lot into a mixed-use (vertical and horizontal) site
that is consistent with current zoning regulations, with the exception of a setback deviation for the
basement parking, which does not affect the above ground improvements.
The mixed-use building along El Camino Real proposes ground-floor commercial that is consistent
with the City’s requirements and would provide a place for commerce and interactions for
residents and business owners.
The project is located in an area that has numerous older low-intensity commercial buildings. The
proposed project is an example of a project that is consistent with the South El Camino Real Design
Guidelines and the vision for mixed-use development. The project’s mixed-use building along El
Camino Real is larger than the surrounding buildings along El Camino Real as expected because it
includes both commercial on the first and second floor and residential uses on the upper floors,
however, the balance of the site transitions to solely residential and is consistent in massing and
height with the adjacent properties.
3. To ensure that sound principles of environmental design and ecological balance
are observed in the project. The project provides the required setback above ground and includes
vegetation and tree plantings within the setback and open spaces. The site includes plazas and
open areas to promote connectivity spaces for wildlife to flourish. These open spaces include
vegetation and trees along the side and rear setbacks of the property. While the plant palette
demonstrates many non-native species of plants, these trees will provide the potential habitat for
birds and other wildlife.
The parking for the project is located completely underground, which avoids a surface parking lot.
However, at the same time the project will follow the appropriate regulations regarding
dewatering and providing the basement space.
4. The use will be in accord with the Palo Alto Comprehensive Plan. The project
proposal complies with the policies of the Land Use and Community Design element of the
Comprehensive Plan, including: The project is consistent with a number of Comprehensive Plan
goals and policies. These include: Goal L-1, Policy L-4, Policy L-5, Policy L-9, Goal L-4, Policy L-19,
Policy L-20, Policy L-21, Policy L-22, Goal L-9, Policy L-72, Goal T-3, Policy T-23, Goal, N-4, Policy N-
21 and Goal B-5.
The project is a mixed-use development that would include commercial and residential spaces,
with some affordable housing units consistent with the City’s regulations. The project will comply
with the stormwater codes, and include the appropriate amount of vehicular and bicycle parking.
The site includes plazas and open space to encourage connectivity and interaction between the
residents and commercial spaces. The buildings are placed orderly providing a mixed-use building
along El Camino Real, where it is expected to have more intensive commercial development, with
multi-family density located on the balance of the property, which is consistent with the
surrounding development. Parking for the site is located completely below ground, which avoids
many negative aspects of parking lots.
The project provides two below market rate housing units, which promotes the availability of
affordable housing.
SECTION 4. Site and Design Approvals Granted.
Site and Design Approval is granted by the City Council under Palo Alto Municipal Code Section
18.82.070 for application 14PLN-00464, subject to the conditions of approval in Section 7 of the
Record.
SECTION 5. Architectural Review 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.
1. 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 El Camino frontage is Service Commercial, while the Curtner Avenue frontage is Multi-Family.
On balance, this project is consistent with the Comprehensive Plan Goals and Policies as further
described in Attachment C. The project is consistent in mass and scale and considers appropriate
transitions between commercial and residential properties. The project has streetscape
consideration along El Camino Real and Curtner Avenue providing context-based treatment.
The project redevelops a site and is considered infill. Along El Camino the project includes a vertical
mixed-use component including a large sidewalk consistent with the South El Camino Real Design
Guidelines. The project also includes an outdoor plaza area for the ground floor retail and on-site
bicycle parking for the commercial and residential uses.
The buildings onsite are placed orderly and provide sufficient open space and connectivity between
the streets, entrances and open spaces. The parking for the site is provided below ground, which
frees up space on the ground level for the buildings and landscaping. The project provides plazas
that are open to the public and include seating areas. The project supports full height tenant
facades to help create a high-quality streetscape. The project will pay the in-lieu fee to support the
public art program and is required to comply with the NPDES Stormwater Permit, which includes
bio-retention areas for stormwater management.
The project is consistent with the City’s Zoning Code with the exception of the request to deviate
from the rear setback requirement for the below-grade garage. This request is supported through
the affirmative findings for the Design Enhancement Exception (DEE) request as further discussed
below.
The project is consistent with the South El Camino Design Guidelines in that it creates a wide
sidewalk along El Camino Real, provides the required build-to setback, and massing for the building
is considered by stepping the upper floors back.
2. 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 area is comprised of various commercial buildings of differing heights and size. The commercial
buildings range between one and two stories. Residential buildings range between one and three
stories in height in the area. The project proposes to construct a building that is taller and includes
residential along El Camino as well as removing a surface parking lot and creating townhouses to
the rear with frontage along Curtner Avenue. The proposed mixed-use building is three stories and
is no taller than 35 feet, which is consistent with the zoning development standards. The
commercial component is two-stories, consistent with commercial properties in the vicinity, while
the residential component is on the second and third floors. The proposed townhouse buildings
are two stories and under 30 feet in height, which is lower than the maximum zoning development
standards.
The project’s design includes consistency throughout with similar colors and provides plaza spaces
near commercial spaces and other areas in the residential component of the project site to allow
for connectivity and gathering places.
The mixed-use building along El Camino Real is taller by one story than the commercial buildings
within the vicinity. However, the building provides both commercial and residential, and a taller
building is appropriate to accommodate both uses. The balance of the site with the residential
buildings are consistent in height with other surrounding development.
The project is consistent with the context-based design criteria for the applicable zone district:
(a) Pedestrian and Bicycle Environment. The design of new projects shall promote
pedestrian walkability, a bicycle friendly environment, and connectivity through design elements.
This finding can be made in the affirmative in that the project provides bike racks near the building
entrances for short term use as well bike lockers in the garage to support the bicycle environment.
In addition, the townhouses include bicycle lockers. The project meets the requirements for
vehicular egress along El Camino Real that limits conflicts with pedestrians since it is one-way.
Vehicular access is two-way off Curtner Avenue and provides sufficient sight-distance at the
driveway curb cut. As required, the project creates a 12-foot sidewalk along the frontage of the
building.
(b) 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’s mixed-use building provides a 12-foot sidewalk and maintains a build-
to line setback (50% of the property frontage). The entry plaza is designed to guide pedestrians to
the building entry. A planter is in the front to provide visual interest. The residential component
provides a larger setback to accommodate a vehicular ramp and elevator access to the basement
garage.
(c) 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 zoning development standards and the design is consistent with the South El
Camino Real Design Guidelines since the project complies with the height and setback
requirements and the performance standards for projects adjacent to different land uses.
Additionally, the use of balconies, light colored materials and appropriate fenestration facilitates
the appearance of reducing the mass of the mixed-use building. The residential components
include angled roofing that reduces the mass of the building and provides visual interest, while
providing a uniform design. As with the mixed-use building, the colors palette is warm with
balconies and fenestration provide adequate relief. Setbacks and open spaces are provided that
include vegetation and trees that help offset perceived massing.
(d) 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. This finding is not applicable to the project since there is no low-density
residential development adjacent to the site.
(e) Project Open Space. Private and public open space shall be provided so that it is
usable for residents, visitors, and/or employees of the site. This finding can be made in the
affirmative in that the project provides a plaza near the entry of the mixed-use building and
between the building and the residential component. In addition, the project provides balconies
for the enjoyment of the employees and residents. The residential component includes open
spaces for outdoor gathering.
(f) 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 provides all of its parking below grade. The El
Camino Real access to the garages is limited to a one-way ingress into the garage, while access
from Curtner Avenue is two-way. Curtner Avenue at El Camino Real is signal-controlled
intersection. The basement design requires a deviation from the required rear setback through a
Design Enhancement Exception (DEE). However, no changes are required on the surface to
accommodate this request. Providing basement parking for the project allows for the site to be
used efficiently for site planning of buildings and open space with limited amount of space required
for the ramps from the basement to the streets.
(g) Large (Multi-Acre) Sites. Large sites (over one acre) shall be designed so that street,
block, and building patterns are consistent with those of the surrounding neighborhood. This
finding can be made in the affirmative in that the project is consistent with the contemporary
development patterns of the vicinity. The project is adjacent to the newly constructed multi-family
project (six-units) on Curtner Avenue that has similar design themes.
(h) 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), as further detailed on Finding #6.
3. 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 proposes a contemporary style that is compatible with recent development along El
Camino Real. Likewise, the residential component is consistently designed and is similar to the
newly constructed multi-family (six-unit) project adjacent to the project along Curtner Avenue. The
project as a whole includes metal, smooth troweled stucco finish, and composite wood paneling.
All of which work cohesively to portray a high-quality mixed-use project. The mixed-use building
along El Camino Real is consistent with the residential townhouses on the balance of the site. In
response to the Board’s direction, the project uses trespa “wood” panels and modified the colors
to be more muted. The use of trespa will aid in the long-term maintenance of the building and
preserving its high-quality look.
4. 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 design of the new building is consistent with contemporary development within the City and
the use of the space as office and retail on the ground floor for the mixed-use building. The site
layout provides common areas for employees, patrons, residents and enlivens El Camino Real with
the outdoor patio space adjacent to the building entry.
For the residential component, the design includes appropriate setbacks and separation between
buildings. The design is consistent in massing and design to the surrounding development.
The project provides all of its parking below grade. The El Camino Real access to the garages is
limited to a one-way ingress into the garage, while access from Curtner Avenue is two-way. Curtner
Avenue at El Camino Real is signal-controlled intersection. The basement design requires a
deviation from the required rear setback through a Design Enhancement Exception (DEE).
However, no changes are required on the surface to accommodate this request. Providing the
basement parking for the project allows for the site to be used efficiently for site planning of
buildings and open space with limited amount of space required for the ramps from the basement
to the streets.
The project will include a security plan that would address concerns regarding the safety of those
using the basement. This security plan would outline the proposed passive and active security
measures that would be implemented. These measures include, but not limited to the physical
design of the basement, cameras, patrols and security gate. With the implementation of these
measures, the parking design is enhanced.
5. Finding #5: The landscape design complements and enhances the building design and its
surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional
indigenous drought resistant plant material capable of providing desirable habitat that can be
appropriately maintained.
The project is consistent with Finding #5 because:
The project will protect off-site trees during construction. The project provides a variety of
drought-tolerant species. The site proposes open space areas that are designed to encourage
gathering and connectivity between the mixed-use building and the residential units to the rear.
The trees would provide appropriate habitat for wildlife as a part of a bigger neighborhood and
community wide system. In response to the Board’s direction, the project includes additional trees
along the northern property line adjacent to the multi-family property. These trees add more visual
screening and are consistent with the performance standards for this project that is adjacent to
other residential uses.
6. 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. Many green building elements are included in the design and
construction including a reduction in heat island effect, light pollution reduction, water efficiency
with low-irrigation systems and appliances; and reduction in material and resource waste through
reduction in cement use, pre-cut materials and details, prefinished building materials.
SECTION 6. Design Enhancement Exception Findings
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 site is “L”-shaped, has frontage on two streets and includes two separate zoning and
comprehensive plan land use designations. There are no other properties within the vicinity with
similar design and shape characteristics that would support a mixed-use project. While the
adjacent property has a similar “L”-shape with frontage on two streets, there is not sufficient area
in the rear to do anything more than a driveway and parallel parking, unlike the project site where
there is sufficient land area to develop.
The project proposes to transform a vacant restaurant building and adjacent surface parking lot
into a vertical and horizontal mixed-use project that would be compatible with the zoning
development standards and the South El Camino Real Design Guidelines. To do so, the parking for
the site would need to be underground, which is consistent with the South El Camino Real Design
Guidelines and the context-based findings for development. The only vehicular designed area that
would be visible from the streets would be the ramps leading down to the basement. The
exception is to allow a reduction in the required rear setback that applies to the basement from
10-feet to six feet. This would allow for the necessary space to provide drive aisles, appropriate
turning radius and back-up distance and parking spaces to accommodate the project.
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).
Not granting the setback deviation from 10-feet to 6-feet would necessitate surface parking and
would compromise the congruent design of the site introducing negative aspects of vehicular
activity. Having the parking below ground allows for the site above ground to have more flexibility
in site design, which leads to more open space for gathering and wildlife to flourish.
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.
Allowing the setback deviation of four feet below ground does not affect the surrounding
development above ground. The above ground project provides an additional four feet at the
surface than what is required. The types of tree species chosen and the setback between the
property line and the edge of the basement would allow for the perimeter trees to grow
sufficiently.
Traffic associated with the site would enter either from El Camino Real or Curtner Avenue, while
traffic exiting the site will only exit onto Curtner Avenue and it is expected that traffic would then
use the signalized intersection of Curtner and El Camino Real, rather than traverse through the
residential neighborhood. The design of the frontage and vehicular ramp at Curtner Avenue would
have sufficient sight-distance to ensure that pedestrians would not be at any unduly risk.
SECTION 7. Conditions of Approval.
Planning Division
1. SUBSTANTIAL CONFORMANCE. Construction and development shall conform to the approved
plans entitled “3877 El Camino Real May 4, 207” stamped as received by the City on May 5,
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 ARB 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. 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.
6. Density Bonus/Below Market Rate (BMR) Housing Requirement: This project’s total BMR
requirement is 2.7 units. When the BMR requirement results in a fractional unit, an in-lieu
payment to the Residential Housing Fund may be made for the fractional unit instead of
providing an actual BMR unit, except that larger projects of 30 or more units must provide a
whole BMR unit for any fractional unit of one-half (0.50) or larger.
To satisfy this requirement, the applicant shall provide 2 BMR for-sale housing units
affordable to lower income households within the project in accordance with the
requirements set forth in Program H3.1.2 of the City of Palo Alto Comprehensive Plan,
Chapters 18.14 and 18.15 of the Palo Alto Municipal Code, and the BMR Program rules and
regulations. The applicant shall also provide in lieu fees equal to 7.5 percent of the greater of
the actual sales price or fair market value of each unit in accordance with the schedule set
forth in H3.1.2 (e) to satisfy the fractional component of the BMR requirement. The fractional
in-lieu fee shall be paid prior to issuance of any building permits for the project; provided,
however, that prior to issuance of the first building permit for the project, the applicant may
elect to provide one additional inclusionary unit instead of paying the fractional in lieu
payment.
All Density Bonus/BMR units constructed under this condition shall be in conformance with
the City’s BMR Program rules and regulations. A BMR Agreement in a form acceptable to the
City Attorney for the 2 BMR units shall be executed and recorded prior to final map approval
or building permit issuance, whichever occurs first. Failure to comply with the timing of this
condition and any adopted BMR Program rules and regulations shall not waive its later
enforcement.
The applicant is hereby notified, as required by Government Code § 66020, that the approved
plans, these conditions of approval, and the adopted City fee schedule set forth in Program
H3.1.2 of the City of Palo Alto Comprehensive Plan constitute written notice of the
description of the dedications, reservations, amount of fees and other exactions related to
the project. As of the date of project approval, the 90-day period has begun in which the
applicant may protest any dedications, reservations, fees or other exactions imposed by the
City. Failure to file a protest in compliance with all of the requirements of Government Code
§ 66020 will result in a legal bar to challenging the dedications, reservations, fees or other
exactions.
7. DEVELOPMENT IMPACT FEES: Estimated Development Impact Fees in the amount of
$311,130.37 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the
issuance of the related building permit.
8. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides
that a project applicant who desires to protest the fees, dedications, reservations, or other
exactions imposed on a development project must initiate the protest at the time the
development project is approved or conditionally approved or within ninety (90) days after
the date that fees, dedications, reservations or exactions are imposed on the Project.
Additionally, procedural requirements for protesting these development fees, dedications,
reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO
INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES
DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM
CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS,
RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments,
dedications, reservations, or other exactions as specified in Government Code Sections
66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day
period has begun in which you may protest these requirements. 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.
9. COMMEMORATIVE PLAQUE. The owner or designee shall produce and mount a bronze
plaque in the retail plaza with a description of the work that Gonzalo Silvestre and Carlos
Campos created on the site. The specific verbiage would be developed in consultation with
the heirs of Gonzalo Silvestre to develop the most complete picture of the artist work. The
plaque would be mounted on a built-in bench in the plaza area, facing into the plaza. As
feasible and in conjunction with the Silvestre family any ironworks salvaged should be
integrated into the bench design.
10. SECURITY PLAN. The owner or designee shall prepare, submit and receive approval from the
City for a plan that would include passive and active security measures for the project site
including the basement area. Such measures shall include, but not limited to increased
lighting levels, glass backed stair/elevator towers, access control, monitored cameras,
intercoms and panic buttons, security guard patrols, blue light system, public safety escort
services, security gates and effective signage.
11. NOISE PRODUCING EQUIPMENT: All noise producing equipment shall be located outside of
required setbacks, except they may project 6 feet into the required street side setbacks. In
accordance with Section 9.10.030, No person shall produce, suffer or allow to be produced by
any machine, animal or device, or any combination of same, on residential property, a noise
level more than six dB above the local ambient at any point outside of the property plane.
12. 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, Sheldon S. Ah Sing at sahsing@m-group.us to schedule this inspection.
13. ARCHITECTURAL REVIEW BOARD SUBCOMMITTEE: Prior to submittal of a Building Permit for
the project, the owner or designee shall obtain approval from the Architectural Review Board
Subcommittee for the following items:
a. The owner or designee shall provide details on the wall pack lighting used in the
project in particular at the first floor of the mixed-use building along the area with
the building overhang.
b. The owner or designee shall provide updated landscape plans that incorporate
native plantings that would improve the habitat for native birds and animals.
c. The owner or designee shall revise the plans to provide detail on the hardscape
proposed for the project.
d. The owner or designee shall revise the plans to increase the size of the
commemorative plaque to a minimum 16 inches by 24 inches.
14. MITIGATION MEASURE (BIOLOGICAL). BIO-1 If feasible, vegetation on the project site shall be
removed outside of the bird-nesting season. If the start of site clearing, tree removal, or
building demolition occurs between February 1 and August 31, a pre-construction survey for
nesting birds protected under the Migratory Bird Treaty Act shall be conducted by a qualified
biologist to identify the location of nests in active use that were established prior to the start of
project implementation activities. The pre-construction survey shall take place no more than 7
days prior to initiation of construction. All trees and shrubs on the site shall be surveyed, with
particular attention to any trees or shrubs that would be removed or directly disturbed.
Further, the project applicant shall retain a qualified biologist to perform additional nesting bird
surveys at least every 2 weeks during all phases of construction that occur during the nesting
season. If an active nest of a protected bird is found on site at any time, the qualified biologist
shall, in consultation with the California Department of Fish and Wildlife (CDFW), determine
whether construction work would affect the active nest or disrupt reproductive behavior.
Criteria used for this evaluation shall include presence of visual screening between the nest and
construction activities and behavior of adult raptors in response to the surveyors or other
ambient human activity. If construction could affect the nest or disrupt reproductive behavior,
the qualified biologist shall, in consultation with CDFW, determine an appropriate construction-
free buffer zone around the nest to remain in place until the young have fledged or other
appropriate protective measures are taken to ensure no take of protected species occurs.
If it is determined that construction will affect an active raptor nest or disrupt reproductive
behavior, then avoidance is the only mitigation available. Construction shall not be permitted
within 300 feet of such a nest until a qualified biologist determines that the subject nest is no
longer active.
Prior to issuance of a demolition permit, the City shall verify that pre-construction surveys
have been conducted within 7 days of the proposed start of demolition. If active bird nests
are present, the City shall verify that CDFW has been consulted and either determined that
construction will not affect an active bird nest or that appropriate construction-free buffer
zones have been established or other appropriate protective measures have been taken.
15. MITIGATION MEASURE (BIOLOGICAL). BIO-2 A pre-construction survey shall be conducted by
a qualified biologist (i.e., a biologist holding a California Department of Fish and Wildlife
(CDFW) collection permit and a Memorandum of Understanding with CDFW allowing the
biologist to handle bats) no earlier than 30 days prior to initiation of construction and
demolition activities to determine if active bat roosts or maternal colonies are present on or
within 300 feet of the construction demolition area. Surveys shall include the structures
proposed for demolition.
Should an active maternity roost be identified, the roost shall not be disturbed, and
demolition and construction within 300 feet of the maternity roost shall be postponed or
halted until the juveniles have fledged and the roost is vacated, as determined by a qualified
biologist. Consultation with CDFW shall also be initiated. Under no circumstance shall an
active roost be directly disturbed.
If nonbreeding bat hibernacula are found on the project site, the individuals shall be safely
evicted under the direction of a qualified bat biologist and with consultation with CDFW.
These actions shall allow bats to leave during nighttime hours, increasing their chance of
finding new roosts with a minimum of potential predation during daylight.
If it is determined that demolition or construction will not affect roosting behavior or disrupt
a maternal colony, demolition or construction may proceed without any restriction or
mitigation measure.
If it is determined that demolition or construction will affect an active bat roost or
disrupt reproductive behavior, then avoidance is the only mitigation available. Under no
circumstance shall an active roost be directly disturbed. Demolition or construction within
300 feet shall be postponed or halted until the roost is naturally vacated as determined by a
qualified biologist.
Prior to issuance of a demolition permit, the City of Palo Alto (City) shall verify that pre-
construction surveys have been conducted within 30 days of the proposed start of
demolition. If bats are present, the City shall verify that CDFW has been consulted and either
determined that construction will not affect an active bat roost or disrupt a maternal colony
or that individuals in a nonbreeding bat hibernacula have been safely evicted.
Due to regulations from the California Department of Public Health, direct contact by
construction workers with any bat is not allowed.
Public Works Engineering
PRIOR TO BUILDING PERMIT AND GRADING AND EXCAVATION PERMIT SUBMITTAL
15. MAPPING: Applicant shall file for a Minor or Major Subdivision Application. Five parcels would
trigger a major subdivision. 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 or Tentative Map requirements and section 21.16 for Parcel Map or Final Map
requirements. If a Map is required, it shall be recorded prior to issuance of a building permit
or excavation and grading permit.
16. 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.
17. 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.
18. Please verify if the existing sub-surface transformer within the sidewalk will continue to serve
the development. If the existing transformer cannot serve the project then a new transformer
upgrade may be required. The new transformer shall be located completely within private
property. Plot and label the location of the new transformer, if needed. Or provide a note on the
plans that indicate existing transformer to be used and if a new one is needed it will be located
within private property.
19. 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.
20. Submit a construction cost estimate associated with the off-site improvements.
PRIOR TO DEMOLITION BUILDING PERMIT ISSUANCE
21. Map shall be recorded prior to issuance of a Building Permit or Grading and Excavation Permit.
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. 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.
Provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation
Permit application. The Rough Grading Plans shall include 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.
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.”
25. LOGISTICS PLAN: The applicant and contractor shall submit a construction logistics plan to
the Public Works Department that addresses all impacts to the City’s right-of-way,
including, but not limited to: pedestrian control, traffic control, truck routes, material
deliveries, contractor’s parking, on-site staging and storage areas, concrete pours, crane
lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s
contact. The plan shall be prepared and submitted along the Rough Grading and Excavation
Permit. Plot the construction fence, entrances, shoring, limits of over excavation, tree
protection zone, construction workers parking area, staging and storage areas within the
private site for equipment and material. The plans shall include notes as indicated on the
approved Truck Route Map for construction traffic to and from the site. Note that there is a
project immediately adjacent to another active construction site located at 405 Curtner
Avenue. On the Logistics Plan provide a note for the project contractor to coordinate
directly with the general contractor of 405 Curtner Avenue, to avoid conflicts in right-of-
way. At no point, will both projects be permitted to close off Curtner Avenue.
26. 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. On the Basement Plan, provide a dimension between the property
lines and the basement walls, to verify that the shoring will be located completely within the
subject property. In particular, near the proposed driveway ramps.
27. 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.
28. DEWATERING: Basement excavations 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 through October due to inadequate capacity
in our storm drain system. The geotechnical report for this site must list the highest anticipated
groundwater level. We recommend a piezometer to be installed in the soil boring. The
contractor must determine the depth to groundwater immediately prior to excavation by using
the piezometer or by drilling an exploratory hole if the deepest excavation will be within three
(3) feet of the highest anticipated groundwater level. If groundwater is found within two (2) feet
of the deepest excavation, a drawdown well dewatering system must be used, or alternatively,
the contractor can excavate for the basement and hope not to hit groundwater, but if he does,
he must immediately stop all work and install a drawdown well system before he continues to
excavate. Public Works may require the water to be tested for contaminants prior to initial
discharge and at intervals during dewatering. If testing is required, the contractor must retain
an independent testing firm to test the discharge water for the contaminants Public Works
specifies and submit the results to Public Works. Applicant shall install a water station for the
reuse of dewatering water. This water station shall be constructed next to the right-of-way and
shall be accessible 24 hours a day for the filling of water carrying vehicles (i.e. street sweepers,
etc.). The water station shall also be sued for onsite dust control. Applicant shall meet with
Public Works to coordinate the design details.
Public Works reviews and approves dewatering plans as part of a Street Work Permit. The
applicant can include a dewatering plan in the building permit plan set in order to obtain
approval of the plan during the building permit review, but the contractor will still be required to
obtain a street work permit prior to dewatering. The street work permit to dewater must be
obtained in August to allow ample to time to dewater and complete the dewatering by October
31st. Alternatively, the applicant must include the above dewatering requirements in a note on
the site plan. Public Works has a sample dewatering plan sheet and dewatering guidelines
available at the Development Center and on our website
http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp
The following links are included to assist the applicant with dewatering requirements.
http://www.cityofpaloalto.org/civicax/filebank/documents/30978
http://www.cityofpaloalto.org/civicax/filebank/documents/51366
http://www.cityofpaloalto.org/civicax/filebank/documents/47388 .
Green Building
Green Building Requirement for Mixed-Use Projects
29. The project shall meet both the residential and non-residential requirements for the
corresponding areas. Green building requirements are subject to field inspection.
Residential Area
30. For design and construction of residential projects, the City requires use of the Build It Green
(BIG), Green Point Rated (GPR) program to comply with the mandatory measures of Chapter
4.(Ord. 5220 § 1 (part), 2013)
The project is a new construction residential building and therefore must achieve BIG GPR
minimum requirements and achieve 70 points + 1 point per additional 70 square feet over 2500
square feet. The applicant must hire a Green Point Rater and should use Green Point Rated
Multi-family Checklist.
The project must meet the enhanced construction waste reduction at tier 2 (75% construction
waste reduction). PAMC 16.14.160 (Ord. 5220 § 1 (part), 2013)
The project is a new multifamily residential project and therefore must comply with the City of
Palo Alto Electric Vehicle Charging Ordinance 5263. 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 16.14.370 for definitions on the types of EVSE parking. (Ord. 5263§ 1 (part),
2013).
Non-Residential Area
31. For design and construction of non-residential projects, the City requires compliance with the
mandatory measures of Chapter 5, in addition to use of the Voluntary Tiers. (Ord. 5220 § 1
(part), 2013)
32. The project is a new nonresidential construction project greater than 1,000 square feet and
therefore must comply with California Green Building Standards Code Mandatory plus Tier 2
requirements, as applicable to the scope of work. PAMC 6.14.180 (Ord. 5220 § 1 (part),
2013). The project has indicated sustainable design objectives. The project applicant shall
indicate the requirements on the Permit Plans. Green building requirements are subject to
field inspection. The submittal requirements are outlined here:
www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp.
33. The project is a nonresidential new construction projects with a landscape of any size included
in the project scope and therefore must comply with Potable water reduction Tier 2.
Documentation is required to demonstrate that the Estimated Total Water Use (ETWU) falls
within a Maximum Applied Water Allowance (MAWA) using the appropriate
evapotranspiration adjustment factor (ETAF) designated by the prescribed potable water
reduction tier. PAMC 16.14.220 (Ord. 5220 § 1 (part), 2013). The project applicant shall indicate
the requirements on the Permit Plans. The submittal requirements are outlined on the
following site:
http://www.cityofpaloalto.org/gov/depts/utl/residents/resrebate/landscape.asp.
34. The project is outside the boundaries of the recycled water project area and is greater than
1,000 square feet and therefore must install recycled water infrastructure for irrigation systems.
PAMC 16.14.230 (Ord. 5220 § 1 (part), 2013). The project applicant shall indicate the
requirements on the Permit Plans.
35. The project is either new construction or a rehabilitated landscape and is greater than 1,000
square feet and therefore must install a dedicated irrigation meter related to the recycled water
infrastructure. PAMC 16.14.230 (Ord. 5220 § 1 (part), 2013). The project applicant shall indicate
the requirements on the Permit Plans.
36. The project includes a new or altered irrigation system and therefore must be designed and
installed to prevent water waste due to overspray, low head drainage, or other conditions
where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots,
or structures. PA 16.14.300 (Ord. 5220 § 1 (part), 2013).
37. The project includes a new or altered irrigation system and therefore the irrigation must be
scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. Operation of
the irrigation system outside the normal watering window is allowed for auditing and system
maintenance. Total annual applied water shall be less than or equal to maximum applied water
allowance (MAWA) as calculated per the potable water use reduction tier. PAMC 16.14.310
(Ord. 5220 § 1 (part), 2013)).
The project applicant shall indicate the requirements on the Permit Plans.
38. C&D: The project is a nonresidential new construction project and has a value exceeding
$25,000 and therefore must meet Enhanced Construction Waste Reduction Tier 2. PAMC
16.14.240 (Ord. 5220 § 1 (part), 2013). The project shall use the Green Halo System to
document the requirements.
39. The project includes non-residential demolition and therefore must meet the Enhanced
Construction Waste Reduction - Tier 2. PAMC 16.14.270 (Ord. 5220 § 1 (part), 2013). The project
shall use the Green Halo System to document the requirements.
40. Energy Star: The project is a nonresidential projects exceeding $100,000 valuation and therefore
must acquire an Energy STAR Portfolio Manager Rating and submit the rating to the City of Palo
Alto once the project has been occupied after 12 months. PAMC 16.14.250 (Ord. 5220 § 1 (part),
2013). Submittal info can be found at:
https://www.cityofpaloalto.org/gov/depts/utl/business/benchmarking_your_building.asp.
41. EVSE: The project is a new non-residential structure and therefore must comply with the City of
Palo Alto Electric Vehicle Charging Ordinance 5263. The project shall provide Conduit Only,
EVSE-Ready Outlet, or EVSE Installed for at least 25% of parking spaces, among which at least 5%
(and no fewer than one) shall be EVSE Installed. The requirements shall be applied separately to
accessible parking spaces. See Ordinance 5263 for EVSE definitions, minimum circuit capacity,
and design detail requirements. PAMC 16.14.380 (Ord. 5263 § 1 (part), 2013) See
https://www.cityofpaloalto.org/civicax/filebank/documents/43818 for additional details.
42. Zero Net Energy Design Review: The project is a new construction commercial project and
therefore may elect to engage the City of Palo Alto consultant, BASE Energy Inc, free of charge.
BASE will assist the project in targeting Zero Net Energy and exceeding the Title 24 Energy
Code. Rebates may be available via working with Base. For more information, visit
www.cityofpaloalto.org/commercial program or call 650.329.2241. The applicant may also
contact Ricardo Sfeir at BASE Energy at rsfeir@baseco.com to schedule a project kick-off.
43. Utilities Incentives & Rebates: The project may be eligible for several rebates offered through
the City of Palo Alto Utilities Department. These rebates are most successfully obtained when
planned into the project early in design. For the incentives available for the project, please see
the information provided on the Utilities website:
http://www.cityofpaloalto.org/gov/depts/utl/business/rebates/default.asp
44. Bird-Friendly Building Design: The west elevation on sheet A4.2 contains a glazed façade that
covers a large area. Glazing shown on A4.1 does not indicate finish and appears to be clear. The
project should consider bird-safe glazing treatment that typically includes fritting, netting,
permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of
glazing or UV patterns visible to birds. Vertical elements of the window patterns should be at
least 1/4 inch wide at a minimum spacing of 4 inches, or have horizontal elements at least 1/8
inch wide at a maximum spacing of 2 inches. The applicant should consider consulting the San
Francisco Standards for Bird Safe Buildings.
Transportation
45. The turn-around area in the parking garage adjacent to parking stall #1 as shown on sheet A1.1
may be mistaken as a common parking space. The area shall be filled with crosshatching and
potentially additional pavement markings and/or signage to prohibit parking or stopping within
the turn-around area.
Utilities-Water, Gas & Wastewater
PRIOR TO ISSUANCE OF A DEMOLITION PERMIT
46. 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.
47. The applicant shall submit a request to disconnect all utility services and/or meters including a
signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after
receipt of request. The demolition permit will be issued by the building inspection division after
all utility services and/or meters have been disconnected and removed.
FOR BUILDING PERMIT
48. The applicant shall submit completed water-gas-wastewater service connection applications –
load sheets for City of Palo Alto Utilities for each unit or place of business. The applicant must
provide all the information requested for utility service demands (water in fixture units/g.p.m.,
gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior)
loads, the new loads, and the combined/total loads (the new loads plus any existing loads to
remain).
49. City prefers to have the utilities installed on Curtner Ave instead of El Camino Real.
50. Water meter(s) up to 2” to be located in the public right of way.
51. Due to limited space for individual meters, applicant can consider possibility for master metering.
The buildings can only be master metered for gas if: The building will contain central heating, air
conditioning, or central domestic hot Water and can be shown (using methods of calculation
acceptable to CPAU) to be more energy efficient and at a more favorable cost-benefit ratio than
would be the case if individual Metering were installed.
52. 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.
53. 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).
54. The applicant may 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.
55. The applicant's engineer shall submit flow calculations and system capacity study showing that
the on- site and off-site water and sanitary sewer mains and services will provide the domestic,
irrigation, fire flows, and wastewater capacity needed to service the development and adjacent
properties during anticipated peak flow demands. Field testing may be required to determined
current flows and water pressures on existing water main. Calculations must be signed and
stamped by a registered civil engineer. The applicant is required to perform, at his/her expense, a
flow monitoring study of the existing sewer main to determine the remaining capacity. The report
must include existing peak flows or depth of flow based on a minimum monitoring period of
seven continuous days or as determined by the senior wastewater engineer. The study shall meet
the requirements and the approval of the WGW engineering section. No downstream overloading
of existing sewer main will be permitted.
56. For contractor installed water and wastewater mains or services, the applicant shall submit to
the WGW engineering section of the Utilities Department four copies of the installation of
public water, gas and wastewater utilities improvement plans (the portion to be owned and
maintained by the City) in accordance with the utilities department design criteria. All utility
work within the public right-of-way shall be clearly shown on the plans that are prepared,
signed and stamped by a registered civil engineer. The contractor shall also submit a complete
schedule of work, method of construction and the manufacture's literature on the materials to
be used for approval by the utilities engineering section. The applicant's contractor will not be
allowed to begin work until the improvement plan and other submittals have been approved
by the water, gas and wastewater engineering section. After the work is complete but prior to
sign off, the applicant shall provide record drawings (as-builts) of the contractor installed water
and wastewater mains and services per City of Palo Alto Utilities record drawing procedures
(see last condition). For projects that take more than one month to complete, the applicant
shall provide progress record drawings of work completed on a monthly basis.
57. 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.
58. 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.
59. All backflow preventer devices shall be approved by the WGW engineering division. Inspection
by the utilities cross connection inspector is required for the supply pipe between the meter and
the assembly.
60. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the
applicant’s expense.
61. Existing water services (including fire services) that are not a currently standard material
shall be replaced at the applicant’s expense.
62. 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.
63. 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.
64. All WGW utility installations shall be from Curtner Street instead of El Camino Real (see note #31).
65. A separate water meter and backflow preventer is required to irrigate the approved landscape
for landscaping areas in excess of 1,500 SF (including tree canopies). Show the location of the
irrigation meter on the plans. This meter shall be designated as an irrigation account an no
other water service will be billed on the account. The irrigation and landscape plans submitted
with the application for a grading or building permit shall conform to the City of Palo Alto
water efficiency standards.
66. A new water service line installation for domestic usage is required. For water meters 4” and
larger the applicant's contractor must provide and install an 4’ by 8’ meter vault with meter
reading lid covers and other required control equipment in accordance with the utilities
standard detail WD-05. Water meters 4” and larger shall be in a PUE on private property, water
meters 2” and smaller shall be located in the public right of way per the CPA WGW Utilities
Standards. Show the location of the new water service and meter on the plans.
67. If a new water service line installation for irrigation usage is required. Show the location of the
new water service and meter on the plans.
68. A new water service line installation for fire system usage is required. Show the location of the
new water service on the plans. The applicant shall provide to the engineering department a
copy of the plans for fire system including all fire department's requirements.
69. A new gas service line installation is required. Show the new gas meter location on the plans.
The gas meter location must meet the WGW Utility Standards. The City of Palo Alto normal
service pressure is 7” WC (.25 PSI). Increased pressure must be requested in writing and is only
provided if the houseline size calculates out at greater than 2” diameter for domestic (note:
domestic can only be increased to 14” WC max.) and greater than 4” diameter for commercial
at standard houseline pressure (7” WC) or the appliance requires increased pressure at the
inlet. Further, due to meter limitations there must a minimum of 800 CFH demand for
pressures greater than 14” WC. The only available pressure increments above 7” WC are 14”
WC (1/2 psi), 1#, 2# and 5# after approval. Pressures in excess of 14” WC, will require testing
the house piping at not less than 60 psig for not less than 30 minutes per the California
Plumbing Code section 1204.3.2, witnessed by Palo Alto Building Inspection. The City of Palo
Alto will not provide increased pressure just to save contractor money on the houseline
construction. Requests to increase the pressure will be evaluated with the following
submittals: The manufacturer’s literature for the equipment requiring increased pressure; the
specific pressure you are requesting; the gas load; and the length of house gas piping from the
gas meter to where the gas houseline starts branching off.
70. A new sewer lateral installation per lot is required. Show the location of the new sewer lateral
on the plans.
71. 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.
72. 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”.
73. All existing water and wastewater services that will not be reused shall be abandoned at the
main per WGW utilties procedures.
74. Flushing of the fire system to sanitary sewer shall not exceed 30 GPM. Higher flushing rates
shall be diverted to a detention tank to achieve the 30 GPM flow to sewer.
75. Sewage ejector pumps shall meet the following conditions:
The pump(s) shall be limited to a total 100 GPM capacity and
The sewage line changes to a 4” gravity flow line at least 20’ from the City clean out.
The tank and float is set up such that the pump run time not exceed 20 seconds each cycle.
76. 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.
77. 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.
78. All utility installations shall be in accordance with the City of Palo Alto utility standards for
water, gas & wastewater.
79. The applicant shall obtain an encroachment permit from Caltrans for all WGW utility work in the
El Camino Real right-of-way. The applicant must provide a copy of the permit to the WGW
engineering section.
80. The applicant shall obtain an encroachment permit from Santa Clara county department of
transportation for all utility work in the county road right-of-way. The applicant must provide
a copy of the permit to the WGW engineering section.
81. The applicant shall obtain a construction permit from Santa Clara county valley water district
for the utility service line to be installed by the City of Palo Alto Utilities.
Public Works-Urban Forestry
PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE
82. 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.
i. (b above) Other information. The Building Permit submittal set shall be accompanied by the
project site arborist’s typed certification letter shall state that the plans have incorporated
design changes and are consistent with City Standards, Regulations and following
information:
ii. Applicant/project arborist’s final revised Tree Protection Report (TPR) with said design
changes and corresponding mitigation measures. (e.g.: if Pier/grade beam=soils report
w/ specs required by Bldg. Div.; if Standard foundation= mitigation for linear 24” cut to
all roots in proximity)
a. Palo Alto Tree Technical Manual Construction Standards, Section 2.00 and
PAMC 8.10.080.
b. Specialty items. Itemized list of any activity impact--quantified and mitigated, in
the Tree Protection
iii. Zone (TPZ) for each tree.
i.Oaks, if present. That landscape and irrigation plans are consistent with CPA Tree
Technical
iv. Manual, Section 5.45 and Appendix L, Landscaping under Native Oaks and PAMC 18.40.130.
83. BUILDING PERMIT CORRECTIONS/REVISIONS‐‐COVER LETTER. During plan check review,
provide a separate cover letter with Correction List along with the revised drawings when
resubmitting. State where the significant tree impacts notes occur (bubble) and indicate
the sheet number and/or detail where the correction has been made. Provide: 1)
corresponding revision number and 2) bubble or highlights for easy reference. Responses
such as “see plans or report” or “plans comply” are not acceptable. Your response should
be clear and complete to assist the recheck and approval process for your project.
84. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include the
following information and notes on relevant plan sheets:
d. 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. #2‐6 applies; with
landscape plan: Insp. #7 applies.)
e. The Tree Preservation Report (TPR). All sheets of the Applicant’s TPR approved by the City
for full implementation by Contractor, Monarch Consulting Arborists, Tree Inventory and
Assessment Plan, dated September 18, 2014, shall be printed on numbered Sheet T‐1 (T‐
2, T‐3, etc.) and added to the sheet index.
85. PLANS‐‐SHOW PROTECTIVE TREE FENCING. The Plan Set (esp. site, demolition, grading &
drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show Type I
or Type II fencing around each Regulated Trees, using a bold dashed line enclosing the Tree
Protection Zone as shown on Standard Dwg. #605, Sheet T‐1, and the City Tree Technical
Manual, Section 6.35‐Site Plans; or using the Project Arborist’s unique diagram for each Tree
Protection Zone enclosure.
86. SITE PLAN REQUIREMENTS: Plans with Public Trees shall show (a) Type II street tree fencing
enclosing the entire parkway strip or, (b) Type I protection to the outer branch dripline (for rolled
curb & sidewalk or no‐sidewalk situations.)
f. Add Site Plan Notes.
i. 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”.
ii. 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 Monarch Project Site
Arborist at 818.331.8982";
iii. 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.”
iv. Note #4. “Basement or foundation plan. Soils Report and Excavation for basement
construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers may be
necessary) in order to avoid over‐excavating into the tree root zone. Any variance from this
procedure requires Urban Forestry approval, please call (650) 496‐ 5953.”
v. Note #5. “Pruning Restrictions. No pruning or clearance cutting of branches is permitted on
City trees. Contractor shall obtain a Public Tree Permit from Urban Forestry (650‐ 496‐5953)
for any work on Public Trees”.
87. TREE REMOVAL—PROTECTED & RIGHT‐OF‐WAY TREES. Existing trees (Publicly‐owned or
Protected) to be removed, as shown accurately located on all site plans, require approval by
the Urban Forestry Tree Care Permit prior to issuance of any building, demolition or grading
permit. Must also be referenced in the required Street Work Permit from Public Works
Engineering.
i. Add plan note for each tree to be removed, “Tree Removal. Contractor shall obtain a
completed Urban Forestry Tree Care Permit # (contractor to complete) separate from the
Building or Street Work Permit. Permit notice hanger and conditions apply. Contact (650‐
496‐5953).”
ii. Copy the approval. The completed Tree Care Permit shall be printed on Sheet T‐2, or
specific approval communication from staff clearly copied directly on the relevant plan
sheet. The same Form is used for public or private Protected tree removal requests
available from the Urban Forestry webpage:
http://www.cityofpaloalto.org/gov/depts/pwd/trees/default.asp
88. NEW RIGHT‐OF‐WAY TREES‐‐PLAN REQUIREMENTS. New trees shall be shown on all relevant
plans: site, utility, irrigation, landscape, etc. in a location 10’ clear radius from any (new or
existing) underground utility or curb cut (see Note #4 above).
g. Add note on the Planting Plan that states, “Tree Planting. Prior to in‐ground installation,
Urban Forestry inspection/approval required for tree stock, planting conditions and
irrigation adequacy. Contact (650‐496‐5953).”
i. Plans shall state the Urban Forestry approved species, size and include relevant
Standard Planting Dwg. #603, #603a or #604 (reference which), and shall note the tree
pit dug at least twice the diameter of the root ball.
h. Landscape plan shall include planting preparation details for trees specifying digging the soil to
at least 30‐inches deep, backfilled with a quality topsoil and dressing with 2‐inches of wood or
bark mulch on top of the root ball keeping clear of the trunk by 1‐ inch.
i. Add note on the Planting & Irrigation Plan that states, “Irrigation and tree planting in the
right‐of‐way requires a street work permit per CPA Public Works standards.”
ii. Automatic irrigation shall be provided for each tree. Standard Dwg. #513 shall be included
on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at
the edge of the root ball. Bubblers mounted inside an aeration tube are prohibited. The
tree irrigation system shall be connected to a separate valve from other shrubbery and
ground cover, pursuant to the City's Landscape Water Efficiency Standards.
89. NEW RIGHT-OF-WAY TREES—SOIL VOLUME. Unless otherwise approved, each new large* tree
shall be provided with 1,200 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 Mitigation in lieu of compacted root conditions may
use Alternative Base Material methods such as: structural grid (Silva Cell), Engineered Soil Mix
base or other method as approved.
90. Minimum soil volume for tree size growth performance (in cubic feet): Large: 1,200 cu.ft.
Medium: 800 cu.ft. Small: 400 cu.ft.
a. Landscape Plan. When qualifying for parking area shade ordinance compliance
(PAMC 18.40.130) trees shall be labeled (as S, M or L).
i. Engineered Soil Mix (ESM). When applied, 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 crosshatch 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.
87. LANDSCAPE PLANS
a. Include all changes recommended from civil engineer, architect and staff, including
planting specifications if called for by the project arborist, b. Provide a detailed landscape
and irrigation plan encompassing on‐and off‐site plantable areas out to the curb as
approved by the Architectural Review Board. A Landscape Water Use statement, water
use calculations and a statement of design intent shall be submitted for the project. A
licensed landscape architect and qualified irrigation consultant will prepare these plans, to
include:
i. All existing trees identified both to be retained and removed including street trees.
ii. Complete plant list indicating tree and plant species, quantity, size, and locations.
iii. Irrigation schedule and plan.
iv. Fence locations.
v. Lighting plan with photometric data.
vi. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure
survival.
vii. All new trees planted within the public right‐of‐way shall be installed per Public
Works (PW) Standard Planting Diagram #603 or 604 (include on plans), and shall
have a tree pit dug at least twice the diameter of the root ball.
viii. Landscape plan shall include planting preparation details for trees specifying digging
the soil to at least 30‐inches deep, backfilled with a quality topsoil and dressing with
2‐inches of wood or bark mulch on top of the root ball keeping clear of the trunk by
1‐inch.
ix. Automatic irrigation shall be provided to all trees. For trees, Standard Dwg. #513
shall be included on the irrigation plans and show two bubbler heads mounted on
flexible tubing placed at the edge of the root ball. Bubblers shall not be mounted
inside an aeration tube. The tree irrigation system shall be connected to a separate
valve from other shrubbery and ground cover, pursuant to the City's Landscape
Water Efficiency Standards. Irrigation in the right‐of‐way requires a street work
permit per CPA Public Works standards.
b. Landscape Plan shall ensure the backflow device is adequately obscured with the
appropriate screening to minimize visibility (planted shrubbery is preferred, painted dark
green, decorative boulder covering acceptable; wire cages are discouraged).
c. Add Planting notes to include the following mandatory criteria:
i. Prior to any planting, all plantable areas shall be tilled to 12” depth, and all
construction rubble and stones over 1” or larger shall be removed from the site.
ii. Note a turf‐free zone around trees 36” diameter (18” radius) for best tree
performance.
88. TREE PROTECTION VERIFICATION. Prior to demolition, grading or building permit issuance, a
written verification from the contractor that the required protective fencing is in place shall be
submitted to the Building Inspections Division. The fencing shall contain required warning sign
and remain in place until final inspection of the project.
DURING CONSTRUCTION
89. 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.
90. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be
reviewed and responded to by the (a) project site arborist, Monarch Consulting Arborists,
831.331.8982, 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.
91. CONDITIONS. All Planning Department conditions of approval for the project shall be
printed on the plans submitted for building permit.
92. 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.
93. 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.
94. 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
95. URBAN FORESTRY DIGITAL FILE & INSPECTION. The applicant or architect shall provide a
digital file of the landscape plan, including new off‐site trees in the publicly owned right‐of‐
way. A USB Flash Drive, with CAD or other files that show species, size and exact scaled
location of each tree on public property, shall be delivered to Urban Forestry at a tree and
landscape inspection scheduled by Urban Forestry (650‐496‐5953).
96. 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.
97. 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.
98. PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact the city
planner (650‐ 329‐2441) to inspect and verify Special Conditions relating to the conditions
for structures, fixtures, colors and site plan accessories.
POST CONSTRUCTION
99. 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.
SECTION 8. Term of Approval.
Site and Design Approval. In the event actual construction of the project is not
commenced within two years of the date of council approval, the approval shall expire and be of no
further force or effect, pursuant to Palo Alto Municipal Code Section 18.30(G).080.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Director of Planning and Community Environment
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
Exhibit A
Mitigation Monitoring and Reporting Program
3877 El Camino Real
INTRODUCTION
Section 15097 of the Guidelines for the California Environmental Quality Act (CEQA) requires that,
whenever a public agency approves a project based on a Mitigated Negative Declaration (MND) or an
Environmental Impact Report (EIR), the public agency shall establish a mitigation monitoring or
reporting program to ensure that all adopted mitigation measures are implemented.
This Mitigation Monitoring and Reporting Program (MMRP) is intended to satisfy this requirement of
the CEQA Guidelines as it relates to the 3877 El Camino project. This MMRP would be used by City
staff and mitigation monitoring personnel to ensure compliance with mitigation measures during
project implementation. Mitigation measures identified in this MMRP were developed in the Initial
Study prepared for the proposed project.
As noted above, the intent of the MMRP is to ensure the effective implementation and enforcement
of all adopted mitigation measures. The MMRP will provide for monitoring of construction activities,
as necessary, and in the field identification and resolution of environmental concerns.
MITIGATION MONITORING PROGRAM DESCRIPTION
The City of Palo Alto will coordinate monitoring activities and ensure appropriate documentation of
mitigation measure implementation. The table below identifies each mitigation measure for the 3877
El Camino Real Project and the associated implementation, monitoring, timing and performance
requirements.
The MMRP table presented on the following pages identifies:
1. the full text of each applicable mitigation measure;
2. the party or parties responsible for implementation and monitoring of each measure;
3. the timing of implementation of each mitigation measure including any ongoing monitoring
requirements; and
4. performance criteria by which to ensure mitigation requirements have been met.
Following completion of the monitoring and documentation process, the final monitoring results will
recorded and incorporated into the project file maintained by the City’s Department of Planning and
Community Environment.
The mitigation measure numbering reflects the numbering used in the Initial Study prepared for the
3877 El Camino Real (Dudek 2016).
No mitigation measures are required for the following resources:
Aesthetics
Agricultural Resources
Air Quality
Cultural Resources
Geology, Soils, and
Seismicity
Hazards and Hazardous
Materials
Hydrology and Water
Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation and Traffic
Utilities and Service Systems
Greenhouse Gas
Emissions
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing Performance
Evaluation
Criteria
BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: If
feasible, vegetation on the project
site shall be removed outside of the
bird-nesting season. If the start of
site clearing, tree removal, or
building demolition occurs between
February 1 and August 31, a pre-
construction survey for nesting
birds protected under the
Migratory Bird Treaty Act shall be
conducted by a qualified biologist
to identify the location of nests in
active use that were established
prior to the start of project
implementation activities. The pre-
construction survey shall take place
no more than 7 days prior to
initiation of construction. All trees
and shrubs on the site shall be
surveyed, with particular attention
to any trees or shrubs that would
be removed or directly disturbed.
Further, the project applicant shall
retain a qualified biologist to
perform additional nesting bird
surveys at least every 2 weeks
during all phases of construction
that occur during the nesting
season. If an active nest of a
protected bird is found on site at
any time, the biologist shall, in
consultation with the California
Department of Fish and Wildlife
(CDFW), determine whether
construction work would affect the
active nest or disrupt reproductive
behavior. Criteria used for this
evaluation shall include presence of
visual screening between the nest
and construction activities, and
behavior of adult raptors in
response to the surveyors or other
ambient human activity. If
construction could affect the nest
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to
issuance of
demolition
permit
Pre-
construction
survey is
completed
prior to
demolition.
Surveys are
repeated
throughout
construction.
Protection
measures are
implemented
during
demolition and
construction.
Nesting birds
are not
disturbed until
young have
fledged.
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing Performance
Evaluation
Criteria
or disrupt reproductive behavior,
the biologist shall, in consultation
with CDFW, determine an
appropriate construction-free
buffer zone around the nest to
remain in place until the young
have fledged or other appropriate
protective measures are taken to
ensure no take of protected species
occurs.
If it is determined that
construction will affect an active
raptor nest or disrupt reproductive
behavior, then avoidance is the
only mitigation available.
Construction shall not be permitted
within 300 feet of such a nest until
a qualified biologist determines
that the subject nests are no longer
active.
Prior to issuance of a demolition
permit, the City of Palo Alto (City)
shall verify that pre-construction
surveys have been conducted
within 7 days of the proposed start
of demolition. If active bird nests
are present, the City shall verify
that CDFW has been consulted and
either determined that
construction will not affect an
active bird nest or that appropriate
construction-free buffer zones have
been established or other
appropriate protective measures
have been taken.
Mitigation Measure BIO-2: A pre-
construction survey shall be
conducted by a qualified biologist
(i.e., a biologist holding a California
Department of Fish and Wildlife
(CDFW) collection permit and a
Memorandum of Understanding
with CDFW allowing the biologist to
handle bats) no earlier than 30 days
prior to initiation of construction
and demolition activities to
determine if active bat roosts or
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to
issuance of
demolition
permit
Pre-
construction
survey is
completed
prior to
demolition.
Avoidance
measures are
implemented
during
demolition and
construction.
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing Performance
Evaluation
Criteria
maternal colonies are present on or
within 300 feet of the construction
demolition area. Surveys shall
include the structures proposed for
demolition.
Should an active maternity roost be
identified, the roost shall not be
disturbed, and demolition and
construction within 300 feet of the
maternity roost shall be postponed
or halted until the juveniles have
fledged and the roost is vacated, as
determined by a qualified biologist.
Consultation with CDFW shall also
be initiated. Under no circumstance
shall an active roost be directly
disturbed.
If nonbreeding bat hibernacula are
found on the project site, the
individuals shall be safely evicted
under the direction of a qualified
bat biologist and with consultation
with CDFW. These actions shall
allow bats to leave during nighttime
hours, increasing their chance of
finding new roosts with a minimum
of potential predation during
daylight.
If it is determined that demolition
or construction will not affect
roosting behavior or disrupt a
maternal colony, demolition or
construction may proceed without
any restriction or mitigation
measure.
If it is determined that demolition
or construction will affect an active
bat roost or disrupt reproductive
behavior, then avoidance is the
only mitigation available. Under no
circumstance shall an active roost
be directly disturbed. Demolition or
construction within 300 feet shall
be postponed or halted until the
roost is naturally vacated as
determined by a qualified biologist.
Prior to issuance of a demolition
Nonbreeding
bat
hibernacula
may be safely
evicted under
the direction of
a qualified bat
biologist and
with
consultation
with CDFW.
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing Performance
Evaluation
Criteria
permit, the City of Palo Alto (City)
shall verify that pre-construction
surveys have been conducted
within 30 days of the proposed
start of demolition. If bats are
present, the City shall verify that
CDFW has been consulted and
either determined that
construction will not affect an
active bat roost or disrupt a
maternal colony or that individuals
in a nonbreeding bat hibernacula
have been safely evicted.
Due to regulations from the
California Department of Public
Health, direct contact by
construction workers with any bat
is not allowed.
ATTACHMENT C
ZONING COMPARISON TABLE
3877 El Camino Real, 14PLN-00464
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
21,867.8 sf (0.50 acres) 21,867.8 sf (0.50 acres)
Minimum Front Yard (2) 20 feet Parking lot 23 feet
Rear Yard 10 feet Parking lot 14 feet above grade
6’1” below grade*
Interior Side Yard 6 feet Parking lot 6 feet above grade
6 feet below grade
Street Side Yard 16 feet Not applicable Not applicable
Max. Building Height 35 feet Parking lot 29’8”
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% (8,747 sf) Parking lot 37% (8,067 sf)
Max. Total Floor Area
Ratio
60% (13,121 sf) Parking lot 60% (13,105 sf) + 1,311 sf
for BMR floor area **
Minimum Site Open
Space
30% (6,560 sf) Not Applicable 56.3% (12,333 sf)
Minimum Usable
Open Space
150 sf per unit (1,650 sf) Not Applicable 7,001 sf
Minimum Common
Open Space
75 sf per unit (825 sf) Not Applicable 1,114 sf
Minimum Private
Open Space
50 sf per unit (550 sf) Not Applicable 5,887 sf
* Design Enhancement Exception requested.
** Increase per 18.15.050d
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. 34 spaces required
Guest Parking: 1 space + 10% of total number of units.
3 required
34 spaces
7 spaces
Bicycle Parking 1 space per unit (100% long term) 17 required 28 spaces
ATTACHMENT D
ZONING COMPARISON TABLE
3877 El Camino Real, 14PLN-00464
Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT)
Mixed-Use Development Standards
Regulation Required Existing Proposed
Minimum Site Area, width and
depth
None 0.25 acres (10,957.5 sf) 0.25 acres (10,957.5
sf)
Minimum Front Yard 0-10 feet to create an
8-12 foot effective
sidewalk width (1), (2), (8)
9 feet 12 feet
Rear Yard 10’ for residential
portion; no
requirement for
commercial portion
75 feet 16 feet
Interior Side Yard 10 feet Not applicable Not applicable
Street Side Yard 5 feet Not Applicable Not Applicable
Build-to-lines 50% of frontage built
to setback on El
Camino Real
33% of side street built
to setback (7)
70 feet (97%)
No Street side yard
36 feet (50%)
Special Setback 24 feet – see Chapter
20.08 & zoning maps
Not applicable Not applicable
Max. Site Coverage None 53.47% (5,860 sf) 50% (5,462.5 sf)
Landscape/Open Space
Coverage
30% (3,287 sf) Not Applicable 5,307 sf
Usable Open Space 150 sq ft per unit for 6
units or more (9)
Not Applicable 333 sf per unit
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
22 feet 37’-6”
Daylight Plane for lot lines
abutting one or more
residential zoning districts
Daylight plane height
and slope shall be
identical to those of
the most restrictive
residential zoning
district abutting the lot
line
Not Applicable Consistent
Max. Floor Area Ratio (FAR) Retail: 0.4:1 (4,383 sf)
Residential: 0.6:1
(6,574.5 sf)
Total: 1.0:1 (10,957.5
sf)
53.47% (5,860 sf)
Retail: 36.75% (4,027
sf)
Residential: 59.7%
(6,542 sf) + 1,285 sf
BMR bonus
(18.15.050d)
Total: 0.96:1 (10,569
sf)
Minimum Mixed-Use Ground
Floor Commercial FAR
0.15:1 (1,644 sf) Not applicable 1,682 sf
(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..
(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
(9) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on
the ground (but rooftop gardens are not included as open space); (3) minimum private open space dimension six feet; and (4) minimum
common open space dimension twelve feet.
18.16.080 Performance Standards. 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 Services*
Type Required Existing Proposed
Vehicle Parking 1/200 sf of gross floor
area for a total of 21
parking spaces
63 spaces
21 spaces
Bicycle Parking 1/2,400 sf (20% long
term and 80% short
term) equals 2 spaces
Zero 2 (1 long term, 1 short
term)
Loading Space 0 loading spaces for 0-
4,999 sf
Zero Zero
* On-site employee amenity space is exempted from the parking requirements
Performance Criteria 18.23
3877 El Camino Real
14PLN-00464
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 trash enclosures are located in the
basement parking area. Prior to
trash/recycling pick up days, the bins/carts will
be brought up to the staging area along the
vehicular ramp along Curtner Avenue. Once
the bins/carts are serviced, then they are
brought back down to the basement.
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.
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.
Future commercial uses will have to
comply with the City’s Late Night
Ordinance requirements. At this time, it is
unknown what tenants would occupy the
commercial spaces.
Any loading would occur off of El Camino Real
for the commercial component.
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 provides the required
setback above ground and includes
vegetation and tree plantings within the
setback and open spaces. In response to
the Board’s direction, the project
includes additional screening trees along
the north property line and also in-
between the townhome buildings.
Mechanical equipment areas are
screened appropriately.
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.
The project will comply with the City’s noise
ordinance. The trash enclosures are located
in the garage basement. The commercial
areas are located along El Camino Real and
there is a buffer area between the
commercial building and the surrounding
residential buildings.
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 provides all of its parking below
grade.
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 access for
all modes of transportation. The project
includes short-term and long-term bike
parking. On-site vehicular traffic will be
directed underground, leaving the
above-ground for pedestrians and
bicyclist. Wide walkways and plazas
surround the commercial areas and
provide connectivity to the residential
areas.
The requirements for air quality are intended to buffer
residential uses from potential sources of odor and/or toxic
air contaminants.
No proposed uses on the project site would
produce odor or toxic air.
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
February 28 2017
1 EID 3877 El Camino Mixed Use Site & Design Review Resubmittal
412 Olive Avenue, Palo Alto, 94306 off 650.226.8770
l
Environmental Innovations in Design
Eco-functional Architecture
----------------------------------------------------------------------------------------------------
412 Olive Avenue | Palo Alto | CA | 94306
dir. 650.793.2856 | off. 650.226.8770
Application Number: 14PLN-00464
Company Name: EID Architects, Environmental Innovations in Design
Contact: Stuart Welte stuart@EIDarchitects.com
Mark Wommack mark@EIDarchitects.com
Project Address: 3877 El Camino Real, Palo Alto, CA
Regarding: ARB Submittal for Major Project
Planning Commission Hearing
Document: Project Narrative including summary of comprehensive City Department
review comments and EID responses.
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March 08, 2016
To: Sheldon Ah Sing | Senior Planner
SAhsing@m-group.us
City of Palo Alto
Department of Planning and Community Environment
Fifth Floor
Palo Alto City Hall
250 Hamilton Avenue
Palo Alto, CA 94301
EID is resubmitting revised drawing sets for 3877 El Camino Real, Palo Alto, CA for Major Architectural
Review. EID Responses to City comments are below the project summary section of this letter.
Scope of work:
Existing Use: The parcel is an “L” shaped lot with frontage on both El Camino Real and Curtner Ave. There
is a vacant 2-story commercial building on El Camino Real with on grade parking accessed from Curtner
Avenue. All existing structures and paving is to be removed.
Proposed Use: A new mixed use project to include (17) residential units and approximately 4,035 square
feet of commercial/retail area. The commercial/retail space will be combined into a 3-story mixed use
building that will also include (6) residential flats. The remaining (11) residential units will be within 2-
story townhomes located behind the mixed use building and on the portion of the site that extends to
Curtner Ave. All vehicular parking will be located within a parking garage that will be completely below
grade.
February 28 2017
2 EID 3877 El Camino Mixed Use Site & Design Review Resubmittal
412 Olive Avenue, Palo Alto, 94306 off 650.226.8770
Design Concept:
The parcel is divided by a zoning boundary. The El Camino Real frontage is zoned CM and requires a more
urban design solution that conforms to the requirements of the ECR Design Guidelines. The rest of the site
is zoned RM-30. This includes the leg of the parcel that extends to Curtner Ave. This portion of the site is
surrounded with other RM-30 zoned lots, so a more residentially scaled design solution is needed in this
area to respect the context of the existing residential community. Our design concept responds to this by
transitioning in form and scale from the larger urban mixed use building that fronts on ECR down to the
smaller scaled townhomes that we propose on the balance of the site. Below-grade parking, provides
significantly more open space and landscaping than typical of the surrounding neighborhood, enhancing
both the private and public open spaces within the site, creating a welcoming, pedestrian friendly
community. The townhomes are clustered to create open areas between the units and to break the
massing of the buildings down into a residentially scaled structure.
Materials and Methods of Construction:
To reflect the complexity of the contextual aspects of the site, we’ve selected sustainably minded
materials that respond to the functions of each building with the intention of creating a synergy among
our two public entrances, the surrounding residential neighborhoods, and the vitality of the ECR.
Contextually there is little to draw from the immediate neighborhood in terms of style or detailing, as the
neighborhood is primarily comprised of painted stucco and concrete block construction, with nondescript
modular aluminum sliding windows and very little focus on neighborhood greeting, nor particularly
identifiable public open space.
All proposed entrances to this new design create recessed plaza courts allowing for ease of access to
generous common use areas. The commercial building employs large storefront windows to connect the
retail functions with ECR, and external terra cotta sunshades to filter the sunlight from this direction while
allowing inviting views into the Ground Level retail-commercial event spaces. We’ve framed the
storefront with refined smooth finishes comprised of composite wood-resin building panels, smooth hard
troweled stucco, and complimentary bronze colored metal and glass storefront entry systems which are
arranged to focus the eye in towards the retail plaza and storefront. As the site moves away from the busy
ECR corridor, we reduce the scale of the windows and transition into more residentially scaled materials.
Individual home entries and balconies are accented with the warmer hues and texture of the composite
wood-resin siding materials rendered in narrower board widths to complement the human scale. Each
resident’s private bicycle parking is conveniently located in sheltered, lockable closets adjacent to their
front door and multidirectional, landscaped walking paths allow for variety in one’s daily commute,
whether it be to the basement parking garage via stair or elevator, or to public sidewalks and convenient
bicycle, bus and commuter vehicle transportation, all the while provided with a variety of landscaped
seating, waiting, meeting areas.
Zoning Summary:
• Zoning: RM-30 & CS
• Lot Size: 32,825 SF / 0.75 Acre
CS Zone: 10,957.5 SF
RM-30 Zone: 21,867.8
February 28 2017
3 EID 3877 El Camino Mixed Use Site & Design Review Resubmittal
412 Olive Avenue, Palo Alto, 94306 off 650.226.8770
• APN: 132 41 091
CS Zone:
• Lot area: 10,957.5 SF
• Density Du/Ac : Permitted = 7.5 / Proposed = 6 (5 flats plus one BMR flat)
• Max FAR Allowed:
Commercial: 0.4 = 4,035 s.f.
Residential: 0.6 = 6,574 s.f.
BMR FAR Increase: 1,285 s.f.
• Proposed Floor Area: Total Commercial: 4,034 s.f.
Total Residential: 7,859 s.f.
RM-30 Zone:
• Lot area: 21,867 SF
• Density Du/Ac : Permitted = 15 / Proposed = 11 townhomes (10 townhomes plus one
BMR townhome)
• Max FAR Allowed:
Residential: 0.6 = 13,120 s.f.
BMR FAR Increase: 1,311 s.f.
• Proposed Floor Area: Total Residential: 14,416 s.f.
Project Description:
The proposed design will transform this blighted parcel into a vibrant and sustainable mixed-use
community at the southeast corner of El Camino Real and Curtner Avenue. The project will include a mix
of commercial and townhome style condominiums, which will be provided with ample parking located
within the basement below grade.
The existing structure, which has been unoccupied since 2008, is located on a parcel with two long and
narrow legs. The existing structure is an eclectic mix of poorly executed additions and renovations. The
balance of the site is paved to provide on-grade parking for this commercial building, this parking being
accessed from Curtner Ave. The immediate neighborhood is a mix of older structures in various stages of
reuse and condition. On El Camino, the immediate neighbors are a Starbucks that occupies a building that
formerly served as a fast food restaurant and an auto oil changer in a WWII vintage Quonset hut with a
“western storefront” facade. The residential neighborhood is predominantly comprised of 1960’s vintage
two-story residential apartment blocks. On one adjacent parcel a new 3-story 6-unit townhome building is
under construction.
Our team is collaborating with the City of Palo Alto Community Development staff to thoughtfully
synthesize a highly sustainable mixed use community for the proposed site. The project will complement
and support the existing urban fabric, and will be harmonious with the new developments underway in
close proximity to our site.
The commercial spaces within the mixed use structure will contribute significantly to the revitalization of
El Camino Real. New retail will be located on two levels and will open onto a large open courtyard space.
February 28 2017
4 EID 3877 El Camino Mixed Use Site & Design Review Resubmittal
412 Olive Avenue, Palo Alto, 94306 off 650.226.8770
Designed for pedestrian interaction, the commercial spaces are open, inviting, and buffered from the busy
El Camino Real traffic.
We are proposing a mix of housing options that includes two bedroom flats and three bedroom
townhomes. These units are planned to maximize energy efficiency and provide a range of entry level
housing options that will promote a healthy living environment for residents. This, in conjunction with
the inclusion of two affordable housing units within the project will provide housing for a diverse range of
income levels.
Parking is provided on site for the variety of uses including residential, retail and office, in numbers
consistent with the requirements of the zoning ordinance. The proposed parking infrastructure has been
carefully designed to meet the demands of each use and is supported by the analysis contained in the
project traffic report. Locating this parking completely below grade maximizes site landscaping and
enhances both the private and common open spaces within the parcel to an extent that far exceeds the
requirements of the zoning ordinance.
Summary of design revisions:
The purpose of the redesign was to respond to comments received during the previous ARB hearing that
identified areas of concern that had not been raised in prior ARB hearings.
The objective of this redesign was to address the following concerns raised at our last ARB meeting:
1. We moved the parking level down to position the parking and podium deck completely below
grade. This resulted in a reduction of the mass and bulk of the proposed project to levels that are
smaller than the adjacent neighborhood. This solution also creates much larger and more
functional private yard areas for the townhome residents.
2. Direct access from El Camino Real to the parking garage is provided via a one-way driveway
ramp. This ramp is limited to entering the site to balance concerns regarding negative impacts on
traffic on El Camino Real that a new driveway would create with ARB’s desire to provide direct
access to parking from El Camino Real. All traffic leaving the garage would exit onto Curtner Ave,
where a signalized intersection facilitates a safe path to re-enter El Camino Real traffic.
3. Provide a redesigned commercial building façade that conforms to the build-to setback line and
to provide a more contextual design solution for the community.
4. Provide enhanced common open areas that are positioned located closer to the intended users.
5. Provide a more direct, more open pedestrian path through the property with a clear link to El
Camino Real.
6. Reduce overall commercial area to conform to the maximum permitted based on the more
clearly identified boundary of the CS district.
BMR concession and Design Enhancement Exception.
We are requesting one on-menu concession consistent with providing 15% low income BMR units and
one Design Enhancement Exception for the rear yard setback of the underground basement parking.
We are requesting one on-menu concession to permit an increase in FAR by an amount that equals the
area of the BMR units that will be provided. This area is equal to the area of the BMR units and does not
exceed the maximum 25% permitted by section 18.15.050 (d) (iv).
February 28 2017
5 EID 3877 El Camino Mixed Use Site & Design Review Resubmittal
412 Olive Avenue, Palo Alto, 94306 off 650.226.8770
We are also requesting one Design Enhancement Exception for a 6 foot rear yard setback in the RM-30
zone for the below grade parking garage, which occurs entirely underground. This exception conforms to
the criteria outlined in 18.76.050 (b) Applicability and (c) Findings:
(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: This parcel is
very unusual in regards to the parcel size and shape. The L shaped parcel extends to both El Camino Real
and Curtner Avenue and crosses a zoning boundary. The narrow width of the parcel affords few options
for resolving vehicular parking and circulation while balancing the need to create an attractive pedestrian
environment. All of the neighboring residential parcels along Curtner Avenue employ long driveways to
access on grade parking and/or rows of garages and carports. The narrow 55’ width of the Curtner
frontage would make a similar solution on this site very unattractive. The requested 6’ rear yard setback
would apply only to the below grade parking structure and would be completely invisible to all of the
neighbors. This reduced setback permits double loaded parking within the basement, which is necessary
to achieve the required parking count for the various uses proposed for the site.
(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);
This DEE promotes the development of a project that will enhance the residential character of the RM-30
portion of the site with generous open space and landscaping while facilitating the more urban use of the
CS portion of the site with the requisite build-to setback requirements and corresponding density. Given
the limited options for vehicular access and the narrow lot dimensions, a more traditional parking solution
is not possible and would require significantly more on grade vehicular paving.
(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. Far from being detrimental, this solution will
enhance the property or improvements in the vicinity by minimizing vehicular circulation and is in no way
detrimental to the public.
Sincerely,
MARK WOMMACK, ARCHITECT
Director of Architecture
Environmental Innovations in Design
Eco-functional Architecture
EID A R C H I T E C T S
----------------------------------------------------------------------------------------------------
412 Olive Avenue | Palo Alto | CA | 94306
dir 650.226.8862 | off 650.226.8770
mark@EIDarchitects.com
www.EIDarchitects.com
Please be advised that our office has a new address. Thank you!
Attachment G
Project Mitigated Negative Declaration Initial Study
The project Mitigated Negative Declaration Initial Study is available on-line at the following
address, which includes the Initial Study, response to comments and Appendices. A hardcopy of
the Initial Study/Mitigated Negative Declaration, response to comments, Traffic Study, and
Historical Analysis is available to the City Council members.
http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2488&TargetID=319
3877 El Camino Real Project
Mitigation Monitoring Program
3877 El Camino Real Project Page 1
Mitigation Monitoring & Reporting Program February 2017
INTRODUCTION
Section 15097 of the Guidelines for the California Environmental Quality Act (CEQA) requires
that, whenever a public agency approves a project based on a Mitigated Negative Declaration
(MND) or an Environmental Impact Report (EIR), the public agency shall establish a mitigation
monitoring or reporting program to ensure that all adopted mitigation measures are
implemented.
This Mitigation Monitoring Program (MMP) is intended to satisfy this requirement of the
CEQA Guidelines as it relates to the 3877 El Camino project. This MMP would be used by City
staff and mitigation monitoring personnel to ensure compliance with mitigation measures
during project implementation. Mitigation measures identified in this MMP were developed in
the Initial Study prepared for the proposed project.
As noted above, the intent of the MMP is to ensure the effective implementation and
enforcement of all adopted mitigation measures. The MMP will provide for monitoring of
construction activities, as necessary, and in the field identification and resolution of
environmental concerns.
MITIGATION MONITORING PROGRAM DESCRIPTION
The City of Palo Alto will coordinate monitoring activities and ensure appropriate
documentation of mitigation measure implementation. The table below identifies each
mitigation measure for the 3877 El Camino Real Project and the associated implementation,
monitoring, timing and performance requirements.
The MMP table presented on the following pages identifies:
1. the full text of each applicable mitigation measure;
2. the party or parties responsible for implementation and monitoring of each measure;
3. the timing of implementation of each mitigation measure including any ongoing
monitoring requirements; and
4. performance criteria by which to ensure mitigation requirements have been met.
Following completion of the monitoring and documentation process, the final monitoring
results will recorded and incorporated into the project file maintained by the City’s Department
of Planning and Community Environment.
The mitigation measure numbering reflects the numbering used in the Initial Study prepared
for the 3877 El Camino Real (Dudek 2016).
3877 El Camino Real Project
Mitigation Monitoring Program
3877 El Camino Real Project Page 2
Mitigation Monitoring & Reporting Program February 2017
No mitigation measures are required for the following resources:
Aesthetics
Agricultural Resources
Air Quality
Cultural Resources
Geology, Soils, and Seismicity
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation and Traffic
Utilities and Service Systems
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: If feasible, vegetation on the
project site shall be removed outside of the bird-nesting
season. If the start of site clearing, tree removal, or building
demolition occurs between February 1 and August 31, a pre-
construction survey for nesting birds protected under the
Migratory Bird Treaty Act shall be conducted by a qualified
biologist to identify the location of nests in active use that were
established prior to the start of project implementation
activities. The pre-construction survey shall take place no more
than 7 days prior to initiation of construction. All trees and
shrubs on the site shall be surveyed, with particular attention to
any trees or shrubs that would be removed or directly
disturbed. Further, the project applicant shall retain a qualified
biologist to perform additional nesting bird surveys at least
every 2 weeks during all phases of construction that occur
during the nesting season. If an active nest of a protected bird
is found on site at any time, the biologist shall, in consultation
with the California Department of Fish and Wildlife (CDFW),
determine whether construction work would affect the active
nest or disrupt reproductive behavior. Criteria used for this
evaluation shall include presence of visual screening between
the nest and construction activities, and behavior of adult
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
demolition permit
Pre-construction
survey is completed
prior to demolition.
Surveys are
repeated throughout
construction.
Protection
measures are
implemented during
demolition and
construction.
Nesting birds are
not disturbed until
young have fledged.
3877 El Camino Real Project
Mitigation Monitoring Program
3877 El Camino Real Project Page 3
Mitigation Monitoring & Reporting Program February 2017
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
raptors in response to the surveyors or other ambient human
activity. If construction could affect the nest or disrupt
reproductive behavior, the biologist shall, in consultation with
CDFW, determine an appropriate construction-free buffer zone
around the nest to remain in place until the young have fledged
or other appropriate protective measures are taken to ensure
no take of protected species occurs.
If it is determined that construction will affect an active
raptor nest or disrupt reproductive behavior, then avoidance is
the only mitigation available. Construction shall not be
permitted within 300 feet of such a nest until a qualified
biologist determines that the subject nests are no longer active.
Prior to issuance of a demolition permit, the City of Palo
Alto (City) shall verify that pre-construction surveys have been
conducted within 7 days of the proposed start of demolition. If
active bird nests are present, the City shall verify that CDFW
has been consulted and either determined that construction will
not affect an active bird nest or that appropriate construction-
free buffer zones have been established or other appropriate
protective measures have been taken.
Mitigation Measure BIO-2: A pre-construction survey shall be
conducted by a qualified biologist (i.e., a biologist holding a
California Department of Fish and Wildlife (CDFW) collection
permit and a Memorandum of Understanding with CDFW
allowing the biologist to handle bats) no earlier than 30 days
prior to initiation of construction and demolition activities to
determine if active bat roosts or maternal colonies are present
on or within 300 feet of the construction demolition area.
Surveys shall include the structures proposed for demolition.
Should an active maternity roost be identified, the roost shall
not be disturbed, and demolition and construction within 300
feet of the maternity roost shall be postponed or halted until the
juveniles have fledged and the roost is vacated, as determined
by a qualified biologist. Consultation with CDFW shall also be
Applicant City of Palo Alto
Department of
Planning and
Community
Environment
Prior to issuance of
demolition permit
Pre-construction
survey is completed
prior to demolition.
Avoidance
measures are
implemented during
demolition and
construction.
Nonbreeding bat
hibernacula may be
safely evicted under
the direction of a
qualified bat
biologist and with
3877 El Camino Real Project
Mitigation Monitoring Program
3877 El Camino Real Project Page 4
Mitigation Monitoring & Reporting Program February 2017
Mitigation Measure
Implementation
Responsibility
Monitoring
Responsibility Timing
Performance
Evaluation Criteria
initiated. Under no circumstance shall an active roost be
directly disturbed.
If nonbreeding bat hibernacula are found on the project site,
the individuals shall be safely evicted under the direction of a
qualified bat biologist and with consultation with CDFW. These
actions shall allow bats to leave during nighttime hours,
increasing their chance of finding new roosts with a minimum
of potential predation during daylight.
If it is determined that demolition or construction will not affect
roosting behavior or disrupt a maternal colony, demolition or
construction may proceed without any restriction or mitigation
measure.
If it is determined that demolition or construction will affect an
active bat roost or disrupt reproductive behavior, then
avoidance is the only mitigation available. Under no
circumstance shall an active roost be directly disturbed.
Demolition or construction within 300 feet shall be postponed
or halted until the roost is naturally vacated as determined by a
qualified biologist.
Prior to issuance of a demolition permit, the City of Palo Alto
(City) shall verify that pre-construction surveys have been
conducted within 30 days of the proposed start of demolition. If
bats are present, the City shall verify that CDFW has been
consulted and either determined that construction will not affect
an active bat roost or disrupt a maternal colony or that
individuals in a nonbreeding bat hibernacula have been safely
evicted.
Due to regulations from the California Department of Public
Health, direct contact by construction workers with any bat is
not allowed.
consultation with
CDFW.
Attachment I
Project Plans
Hardcopies of project plans are provided to ARB Members. These plans are available to the
public by visiting the Planning and Community Environmental Department on the 5th floor of
City Hall at 250 Hamilton Avenue.
Directions to review Project plans online:
1. Go to: https://paloalto.buildingeye.com/planning
2. Search for “3877 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 “5-4-2017 3877 El Camino Real Submittal”