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HomeMy WebLinkAboutStaff Report 6721 City of Palo Alto (ID # 6721) City Council Staff Report Report Type: Action Items Meeting Date: 6/6/2016 City of Palo Alto Page 1 Summary Title: Draft 1700 Embarcadero Road: Mercedes Benz Dealership Title: PUBLIC HEARING: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Approval of a Site and Design Application to Demolish the Existing Approximately 18,000 Square Foot Building and Construct a new Approximately 62,000 Square Foot Building for an Automobile Dealership Located at 1700 Embarcadero Road. The Application Includes Design Enhancement Exception Request to Allow Deviation from the 10 Foot Build-to-Line From Embarcadero Road and Bayshore Road. There is Also a Request to Apply the Automobile Dealership (AD) Zoning Overlay. Environmental Assessment: An Initial Study and Mitigated Negative Declaration was Circulated. Zoning District: CS (D) Service Commercial and Site Design Review Combining District. The Planning and Transportation Commission Recommended Approval. From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2. Adopt the ordinance adding the Automobile Dealership (AD) combining district to the subject property (Attachment C); 3. Approve an application for a Site and Design and Architectural Review for the construction of a new automobile dealership, based on findings and conditions contained in Attachment B; and 4. Approve an application for a Design Enhancement Exception for deviation from the ‘build-to’ setback along Embarcadero and Bayshore Roads, based on findings and conditions contained in Attachment B. Executive Summary The applicant, Fletcher Jones, representing Mercedes Benz, proposes to demolish the former City of Palo Alto Page 2 17,942 square foot single-story Ming’s Restaurant building and construct a three-story 61,459 square foot automobile dealership with roof deck parking and detached car wash facility. The property is within the Site and Design Review (D) combining district and adjacent to the Baylands (within Baylands Master Plan). The applicant also requests the Automobile Dealership Combining District (AD) be applied to the subject property to permit automobile sales. The Site and Design Review and AD Combining District requests required the Planning & Transportation Commission (PTC) review and recommendation to the City Council. The requested Design Enhancement Exception (DEE) to deviate from the “build-to-line” requirement for the Embarcadero Road setback and the Architectural Review require the Architectural Review Board (ARB) to provide a recommendation to the City Council. To implement the project in accordance with the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared and circulated on April 22 for 20 days. The PTC at their meeting on April 27, 2016 recommended that the City Council adopt the IS/MND, the Zoning Amendment and Site and Design Review findings. The ARB at their meeting on May 19, 2016 recommended that the City Council adopt the IS/MND, the Architectural Review and DEE findings. Background The site was zoned Planned Community until the Council approved a rezoning of the site to the CS(D) zone in conjunction with a hotel project entitlement in 2009. The hotel entitlement was extended in 2013 and has since expired. Nonetheless, new development on the site must meet the development standards of the CS(D) zoning district. Planning and Transportation Commission Review On April 27, 2016, the Commission reviewed the Zoning Amendment, Site and Design Review applications, and voted unanimously to recommend project approval as recommended in the staff report. The minutes from the April 27, 2016 Commission hearing are not available, however, the video of the discussion is available at the following link: https://www.youtube.com/watch?v=aflImdyj9qc&start=11465&width=420&height=315. The Commission staff report can be found on the City’s website at the following link: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=52072. In summary, the Commission had discussion about loading of inventory and that there should be some review of traffic conditions beyond the impacts identified in the project’s Traffic Impact Analysis for the vicinity around the U.S. 101/Embarcadero Road-East Bayshore Road intersection. The Commission acknowledged that this traffic was not a result of the project. Staff acknowledged the concern and comment. Architectural Review Board City of Palo Alto Page 3 The subject application was presented to the ARB on four occasions with the last hearing focusing on project related landscaping, the color of an exterior stair feature and exterior lighting. On May 19, 20161 the ARB Recommended approval of the project 5-0. The Board discussed the project at length and had concerns about the overall mass and scale of the building. In response to boardmember comments, the applicant, eliminated large car elevators above the roofline, which resulted in space being dedicated to internal drive aisles and ramps instead of service and new car inventory parking; however, this change addressed a significant ARB concern. The applicant modified the landscape plan to be more appropriate to the local environment and respect the Baylands. The building color pallet was also modified to a more muted look while still responding to dealership brand identity requirements from the car manufacturer. The Board also observed that the zoning for the subject property permits building heights up to 50 feet, which is proposed for this project. Other parcels in the area are zoned ROLM with a maximum height limit of 35 feet. A few other parcels in the area are zoned Planned Community but do not exceed 35 feet in height (19’-6” and 27’-6” respectively). In its deliberation, the Board considered the existing regulatory setting, the prior hotel project approved for the subject site that extended to 50 feet, the applicant’s design approach to house the service- related aspects of the project within the building, and potential impacts from the Baylands. While acknowledging that the proposed project would be the tallest in the immediate area, the Board, on balance, found that the proposed building setback, landscaping and view from the Baylands, which showed the project blending in with the urban background, would not be impactful to the area. Earlier staff reports include background information, project analysis and evaluation to City codes and policies; these reports are available online; a copy of the most recent report without attachments is available in Attachment I. Below are links to the previous reports: ARB November 19, 2015 - https://www.cityofpaloalto.org/civicax/filebank/documents/49848 ARB February 18, 2016 - https://www.cityofpaloalto.org/civicax/filebank/documents/51101 ARB May 5, 2016 - https://www.cityofpaloalto.org/civicax/filebank/documents/52196 ARB May 19, 2016 – https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=52377 Videos for these hearings can be viewed on the Midpen Media Center website at http://midpenmedia.org/category/government/city-of-palo-alto/ 1 1 05/07/15: Study Session video: https://www.youtube.com/watch?v=6KAKgKC7Po4&start=108&width=420&height=315 08/27/15: Preliminary Review video: https://www.youtube.com/watch?v=Qp1FdZWSoLs&start=3395&width=420&height=315 08/27/15 Meeting Packet: https://www.cityofpaloalto.org/civicax/filebank/documents/48697 City of Palo Alto Page 4 Project Description The applicant proposes to demolish the existing restaurant building and site improvements and construct a three-story automobile dealership with roof deck parking and detached car wash facility (for automobile service or sales patrons). The building would integrate sales and administrative offices, customer parking, vehicle merchandise storage, and vehicle service/repair areas on multiple floors. On-site improvements would include customer parking, vehicle merchandise display, solid waste/recycling facilities and landscaping. The project is subject to architectural review findings, context-based design criteria and compliance review with the Baylands Master Plan Site and Assessment Design Guidelines. Implementing the project requires a rezone to include the Automobile Dealership (AD) combining district. As designed, the project does not meet “build-to” setback requirement along Embarcadero Road. This necessitates approval of a Design Enhancement Exception (DEE). During the course of the project evaluation, notable revisions to the project have included the removal of the “Baylands inspired” landscape theme at the intersection corner, the elimination of the detached freestanding canopy adjacent to the car wash, and the elimination of the elevator access to the roof deck because access would be provided via a vehicular ramp from the third floor. Table 1 summarizes the floor area for the project. As a result of the changes, the square footage is less than originally proposed. Table 1 Proposed Project Summary Floor Areas Square Footage Total (Square feet) Ground Showroom, sales, office 25,016 Floor Vehicle Service/Repair 2,027 Vertical circulation 2,237 29,280 2nd Floor Office 4,696 Vertical circulation 2,558 Customer parking (service) Not Applicable 7,254 3rd Floor Vehicle Service/Repair & 19,425 Showroom, sales, office 382 Vertical circulation 4,529 City of Palo Alto Page 5 Floor Areas Square Footage Total (Square feet) Customer parking Not Applicable 24,336 Roof Vertical circulation 589 589 Customer parking/Inventory Not Applicable 0 Total 61,459 Source: 4-27-16 submittal Automobile Dealership Overlay The applicant proposes to rezone the site to include the Automobile Dealership (AD) overlay. The AD combining district is intended to modify the base zoning district to create and maintain areas accommodating automobile dealerships primarily engaged in new and used automobile sales and service on a citywide and regional basis. Such uses generally require special parking, access, and outdoor display provisions for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles. The Automobile Dealership combining district allows additional Floor Area Ratio (FAR) exclusively for showroom purposes (0.2:1) for a total FAR of 0.6:1 for the site, where the CS zone allows FAR of only 0.4:1. The inclusion of the AD combining district would be necessary to implement the applicant’s proposed project. Project Design The design of the building is a contemporary corporate design used by Mercedes Benz that is featured in their automobile dealership facilities worldwide. This building proposal includes steel frame design with exterior cladding that includes metal, glass, poured concrete and stucco materials using different shades of greys. Specifically, in response to the ARB comment regarding compatibility with the Baylands Master Plan, the applicant included the ‘sandy hook grey’ color. A second floor balcony is provided as an outdoor amenity for employees, which includes plantings at the perimeter of the balcony. The perimeter of the site includes trees that provide a visual buffer from the adjacent roadways and properties, and the Bayland trails. The detached car wash building is designed to be structural block with steel framed roofing with exterior cladding that matches the building with metal panels and stucco. Parking and Access During the course of review of the project, the project’s height was reduced with the removal of the elevator access to the roof deck. Vehicular access to the roof is proposed with a vehicular ramp from the third floor. With those changes, the required parking was reduced. For instance, while the new vehicular ramp from the third floor to the roof deck is included in the FAR calculation, it is not included as space for parking purposes. The proposed project would include a total of 139 parking spaces, 43 of which would be surface parking spaces. An additional 66 parking spaces would be located on the second floor and 30 parking spaces on the roof deck. Vehicular access would be provided from an existing driveway on Embarcadero Road City of Palo Alto Page 6 and an existing driveway on East Bayshore Road. Inbound and outbound movements would be allowed at both access points and would be controlled by stop-signs. Pedestrians would access the proposed auto dealership building from the west or south side. Internally, elevators would carry vehicles through floors one through three and vehicular ramps would allow access to the rooftop deck parking area. Discussion Based on the project description, the project needs a series of entitlements. Since the project includes a legislative action, all of the project entitlements are being forwarded to the City Council for review and approval. Below is a summary of the requested entitlements and the process to complete those requests:  Architectural Review – Major (AR): The process for evaluating this type of application is set forth in PAMC 18.77.070. AR projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. The findings to approve an AR application are provided in Attachment B.  Design Enhancement Exception (DEE): This is to deviate from the “build-to-line” (percentage of building along the front setback) requirement within the CS district. The process for evaluating this type of application is set forth in PAMC 18.76.050. DEE projects are also subject to findings, which are provided in Attachment B.  Site and Design Review: The process for evaluating this type of application is set forth in PAMC 18.30(G).060. These applications are reviewed by the Planning & Transportation Commission (PTC) and recommendations are forwarded to the City Council. Site and Design Review projects are subject to specific findings. All findings must be made in the affirmative to approve the project and are contained in Attachment B.  Amendment to Zoning Map: This is a request to add the Automobile Dealership (AD) combining district. The process for evaluating this type of application is set forth in PAMC 18.80. Rezone applications are reviewed by the PTC and recommendations are forwarded to the City Council. The PTC has recommended approval of the ordinance contained in Attachment C. Setbacks The applicant requests deviation from the “build to” requirement, which would otherwise result in a minimum 10’-0” setback. The applicant proposes a 46’-8” setback along Embarcadero Road and an 80’-0” setback along Bayshore Road. In summary, the applicant is requesting this modification to minimize the impact of the building mass adjacent to the street and to create a more efficient circulation layout, including improved fire protection access. Aesthetics & Compatibility City of Palo Alto Page 7 A key consideration for development within the Baylands Master Plan area is compatibility with surrounding and ensuring the project is harmonious with the nearby open space areas. The project site is within the “private lands” area of the plan, however, is visible from the Baylands recreation area and trail. Therefore compliance with the applicable policies within the Baylands Master Plan would address this consideration. Baylands Site Assessment and Design Guidelines The Site Assessment and Design Guidelines, Palo Alto Baylands Nature Preserve, developed in 2005, are intended to be used when designing or reviewing projects located in any part of the Baylands—including projects on privately-owned land. Conformance with these Guidelines will help to ensure compatibility with the special aesthetic qualities and environmental conditions unique to the Baylands. Baylands General Design Principals The following design principles are suggested to reflect and preserve the Baylands’ unique landscape character and have been used to review this application.  Use only muted, natural colors. Choose materials and finishes that will weather without degrading: The proposed building would be clad in metal panels and cement plaster system with natural and light grey and “sandy hook grey” (Baylands standard) trim. Glass would be high performance, insulated, low-e glazing.  Preserve the horizon line with low and horizontal elements: The building would be 50’- 0” in height for the parapets and 55’-0” in height for elevator shafts (Within the requirements of the PAMC). The building’s mass is articulated, includes fenestration and floors that are horizontally oriented, with the exception of the elevator shaft, which has a vertical orientation.  Mount fences, enclosures, and identity signs low to the ground: The project includes details on wall signs, and freestanding signs that are consistent with the PAMC requirements. Signs located within the elevations of the buildings and freestanding signs are low profile.  Reduce the size and mounting heights of regulatory signs: The project’s freestanding signs are consistent with PAMC Section 16.20.120 and are below 5’-0” in height.  Design for practicality: The proposed dealership with a building that includes integrated sales, service and inventory is efficient and innovative. Views from Embarcadero Road Scenic Corridor The project does provide a 46’-8” setback along Embarcadero Road, which pushes the mass of the building away from Embarcadero Road. Additional screening is formed by existing street trees and new trees to be planted at the interior of the project. The subject property presently has a tall PG&E high voltage electric transmission tower located at the intersection corner of the property. This condition will remain unchanged. City of Palo Alto Page 8 Views from Baylands Preserve Views of the building from the Baylands Nature Preserve would be continue to be interrupted by existing trees and new plantings will also screen the building. The design of the building will meet the design principles outlined in the Baylands. Attachment E includes a photograph from the Baylands Nature Preserve and photo-simulation with proposed building. Lighting Lighting is also a consideration because of the adjacency to the Baylands and typically automobile dealerships use more intense exterior lighting than other uses. As with the adjacent Audi dealership, a condition of approval (mitigation measure) will ensure that lighting is less intense after 10PM. An additional condition ensures that staff would have the ability to further restrict hours of illumination and intensity of light if warranted. In addition, the project has designed lighting on the roof deck to be low profile and based on sight lines would not be seen from the Baylands. The issue was evaluated by the ARB and deemed to be consistent with surrounding uses. Policy Implications The attached Record of Land Use Action includes project-related findings, including statements of compliance with certain Comprehensive Plan policies (Attachment B). From a land use perspective, the application of the AD overlay is consistent with other properties in the area. Each of the nearby ROLM zoned properties each have the AD overlay applied to those properties. Additionally, two of the three PC zoned properties are authorized for automobile dealerships. Other dealerships in the area include Honda and Audi. The addition of Mercedes Benz contributes to a modest auto row in the City, which is easily accessible from the freeway, notwithstanding periods of traffic congestion in the area. The request for the design enhancement is consistent with direction staff has received from Council to eliminate the requirement in certain parts of the city and to relax the standard in others. Reinforcing the built environment with building facades near the street is not consistent with the pattern of development in the area, which reflects a more suburban appearance. City staff has been contacted by reported representatives of Audi. While no plans have been filed, there may be interest in redeveloping that site. Future site development plans may be influenced be by the actions taken on the subject application. Resource Impact While economic factors are not taken into consideration by advisory Boards and Commissions for discretionary projects, the City Council may be informed by such matters as it relates to the legislative aspects of the project and their decision-making process. Automobile dealerships often bring in important sales tax revenue to cities. The applicant reports an estimated annual sales tax revenue to the city to be approximately $948,527. Environmental Review City of Palo Alto Page 9 The Mitigated Negative Declaration (Attachment G) indicates that with implementation of the project there could be potential significant environmental impacts to Biological resources and Transportation systems. Mitigation Monitoring and Reporting Program The Initial Study-Mitigated Negative Declaration identifies the mitigation measures that will be implemented to reduce the impacts associated with the 1700 Embarcadero Road Auto Dealership Project. The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. The mitigation monitoring table lists those mitigation measures that may be included as conditions of approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The project applicant will have the responsibility for implementing the measures, and the various City of Palo Alto departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures. The Mitigation Monitoring and Report Program is included in Attachment G. Mitigation Mitigation measures are proposed to reduce the biological resources impacts to less than significant through surveys for nesting birds and avoidance; and reduction of light sources after 10:00pm. Regarding transportation, the addition of project-generated traffic would create a significant impact at the intersection of East Bayshore Road and Embarcadero Road during the PM peak hour under Background plus Project and Cumulative scenarios, and during the AM peak hour under the Cumulative scenario. Mitigation is required to reduce impacts to a less than significant level. The identified mitigation would address congestion related to the large volume of left turns and a large volume of through traffic on eastbound Embarcadero Road in the morning. Creating two separate dedicated left turn lanes and two through lanes would reduce delay for eastbound traffic. In summary, the traffic mitigation is described below: East Bayshore Road and Embarcadero Road. The project applicant shall construct the following improvements and enter into a reimbursement agreement with the City for payment less their fair share of the improvement costs: 1. Revise the eastbound leg on Embarcadero Road to include two left turn pockets, a through lane, and a shared through/right-turn lane. This improvement shall also include changing the east-west phasing from split phase timing to protected left turn phasing. City of Palo Alto Page 10 2. Restripe the northbound approach to have one left turn lane and one shared left- through-right lane. This would likely require modifying the median island and relocating the signal equipment on the west leg of the intersection. Comments Staff received three comment letters (Santa Clara County Parks Department; Santa Clara Valley Transportation Authority; and Caltrans) regarding the transportation section of the Mitigated Negative Declaration. The Caltrans letter was received after the public comment period and during final packet preparation of this report. However, the traffic consultant and staff have considered the Caltrans comments and concluded they do not raise significant issues requiring recirculation of the MND. A complete response is included in the attached MND. In response to the comment letters, the following changes have been made to the TIA: Figure 3 of the Transportation Impact Analysis was updated to show the on-street bicycle route within the right-of-way on Geng Road and the California Avenue Trail beyond the “bike/pedestrian bridge”. In addition, the TIA was updated to include an analysis of transit delay and an auto trip reduction statement. None of the changes require a re-circulation of the Initial Study because of any new significant impacts. The Commission and the Board also commented on the perception of traffic at the intersection of Embarcadero Road and East Bayshore Road. Both review bodies encouraged the city to look at further improvements not related to the project to improve the intersection and traffic flow in the area. The proposed mitigation addresses the actual impact at the intersection and staff will look into the other commented issues within the vicinity of the intersection. Attachments:  Attachment A: Location Map (PDF)  Attachment B: Record of Land Use Action (DOCX)  Attachment C: (AD) Ordinance (DOCX)  Attachment D: MB Palo Alto Application Narrative (PDF)  Attachment E: Site Photographs (PDF)  Attachment F: Zoning Compliance (DOCX)  Attachment G: Final 1700 Embarcadero IS-MND (PDF)  Attachment H: Project Plans (DOCX)  Attachment I: 1700 Embarcadero ARB Staff Report ID# 6963 (PDF) 003-49-021 003-49-020 003-49-019 003-49-018 003-49-017 -023 003-49-003 003-49-004 003-49-006 003-49-005 003-48-074 003-48-073 003-48-072 127-02-114127-02-064 127-02-107 127-02-108 127-02-109 127-02-110 127-02-125 127-02-126 127-38-018 127-38-019 127-38-020 127-38-026 127-38-027 127-38-028 127-38-030 003-49-002 127-02-121 127-02-097 003-49-001 3-49-007 003-48-071 003-48-068 127-38-029 003-48-020 003-48-051 003-48-055 003-48-054 003-48-053 003-48-052 003-48-064 003-48-063 003-48-062 003-48-061 003-48-085 003-48-084 003-48-083 003-48-082 003-48-087 003-48-065 003-48-066 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(\\cc-maps\gis$\gis\admin\Personal\Planning.mdb) Project Location Map Attachment A Attachment B ACTION NO. 2016-3 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 1700 EMBARCADERO ROAD: MITIGATED NEGATIVE DECLARATION, SITE AND DESIGN REVIEW, ARCHITECTURAL REVIEW AND DESIGN ENHANCEMENT EXCEPTION (15PLN-00394) On June 6, 2016, the City Council of the City of Palo Alto adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; approved the Site and Design Review; Architectural Review; and, Design Enhancement application for construction for the construction of a new automobile dealership, and associated improvements on a 2.54 acre parcel in the Commercial Service (CS) with Site and Design Overlay Zone District, 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. Deeg Snyder of Gensler on behalf of Fletcher Jones, property owner, has requested the City’s approval to allow construction of a three-story automobile dealership and single-story car wash, and other site improvements for a total floor area of 61,510 square feet. The request includes a zone change to allow the inclusion of the Automobile Dealership (AD) combining district. (“The Project”). B. The project site is a single parcel (APN 008-03-065) of 2.54 acres in size in the Palo Alto Baylands “Private Lands” area. The site is currently developed with a vacant single-story 17,942 square foot restaurant building and the site contains and is accessible to existing utilities. The site includes an eighty (80) foot easement for the purposes of containing overhead electrical transmission utilities and underground storm-drain facility. The site is designated on the Comprehensive Plan land use map as Service Commercial and is located within the Service Commercial (CS) zoning district with Site and Design (D) overlay. The project includes the demolition of existing on-site buildings. C. The Planning and Transportation Commission (Commission) reviewed and recommended approval of the Project on April 27, 2016. The Commission’s recommendations are contained in Report ID# 6704 and attachments thereto. D. The Architectural Review Board (Board) reviewed and recommended approval of the Project on May 19, 2016. The Board’s recommendations are contained in Report ID# 6963 and attachments thereto. SECTION 2. Environmental Review. The City as the lead agency for the Project has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA) under Guideline section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration. An Initial Study/Mitigated Negative Declaration was prepared in March 2016 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 mitigation measures required for this project have been included as conditions of approval in Section 9 of this Record. The Mitigation Monitoring and Reporting Program is included in this Record as Attachment G of staff report. 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. The project is located within the vicinity of other developed property. The maximum FAR of the surrounding sites is generally 0.4:1, however, automobile dealerships are allowed to have a slightly higher FAR whether through a PC designation or AD combining district designation. The project will have a slightly larger building in part because the zoning allows for it and that the site and building are designed to be an efficient operation. The project is consistent with the Baylands Master Plan Site assessment design guidelines in that the project is designed with muted colors consistent with the Baylands and includes a horizontal design. The site is obscured from view with existing vegetation from the Baylands. 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 would maintain desirability of investment in the same and adjacent areas, in that the proposed design, size and use of the site are consistent with the existing automobile dealerships and similar to other office and medical office uses in the vicinity. The construction of all improvements would be governed by the regulations of the current Zoning Ordinance, the Uniform Building Code, and other applicable codes to assure safety and a high quality of development. 3. Sound principles of environmental design and ecological balance are observed in the project. The project has been designed to enhance the boundaries of the site and protect off-site trees that provide screening from the Baylands area. Conditions of approval have been incorporated into the project and would be implemented to minimize impacts on biological resources, and protected trees. The design of the building is consistent with the Site Assessment Guidelines for the Baylands. 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: Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale. The project is an automobile dealership, which is automobile serving use. It is not expected that there be a lot of pedestrian activity associated with the use. As such it is typical to have a building surrounded by parking and vehicle circulation. Landscaping will provide visual screening from the adjacent roadways. The AD combining district allows for more intensity (additional FAR of 0.2:1) over the existing 0.4:1 FAR, so it is expected that the project will be slightly larger than surrounding uses other than the other two automobile dealerships. Policy L-42: Encourage Employment Districts to develop in a way that encourages transit, pedestrian and bicycle travel and reduces the number of auto trips for daily errands. As proposed, the project exceeds the number of required bicycle parking spaces. The project also proposes a bicycle amenity area catering to those visiting the Baylands area. Policy L-43: Provide sidewalks, pedestrian paths, and connections to the citywide bikeway system within Employment Districts. Pursue opportunities to build sidewalks and paths in renovation and expansion projects. The project proposes a bicycle amenity area that complements the City’s bicycle transportation network. Policy L-46: Maintain the East Bayshore and San Antonio Road/Bayshore Corridor areas as diverse business and light industrial districts. The project is an automobile dealership, which is consistent with the Commercial Service types of intensity and uses. The AD combining district allows for further intensification for automobile dealerships. Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. The proposed building would be clad in metal panels and cement plaster system with natural grey and “sandy hook grey” (Baylands Standard) trim. Glass would be high performance, insulated, low-e glazing. The proposed dealership with an integrated sales, service and inventory building is efficient and innovative. Policy L-50: Encourage high quality signage that is attractive, appropriate for the location and balances visibility needs with aesthetic needs. The proposed signs are appropriate for the use and scale of the building and site. SECTION 4. Site and Design Approvals Granted. Site and Design Approval is granted by the City Council under Palo Alto Municipal Code Section 18.30(G).070 for application 15PLN-000394, subject to the conditions of approval in Section 9 of this Record. SECTION 5. Architectural Review Findings Comprehensive Plan and Purpose of ARB: Finding #1: The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. Finding #16: The design is consistent and compatible with the purpose of architectural review, which is to:  Promote orderly and harmonious development in the city;  Enhance the desirability of residence or investment in the city;  Encourage the attainment of the most desirable use of land and improvements;  Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and  Promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other. The project is consistent with Findings #1 and #16 because: The project is consistent with Policies L-5, L-42, L-43, L-46, and L-50.  The project is an automobile dealership, which is automobile serving use. It is not expected that there be a lot of pedestrian activity associated with the use. As such it is typical to have a building surrounded by parking and vehicle circulation. Landscaping will provide visual screening from the adjacent roadways.  As proposed, the project exceeds the number of required bicycle parking spaces. The project also proposes a bicycle amenity area catering to those visiting the Baylands area.  The project proposes a bicycle amenity area that complements the City’s bicycle transportation network.  The project is an automobile dealership, which is consistent with the Commercial Service types of intensity and uses. The proposed building would be clad in metal panels and cement plaster system with light grey and Sandy Hook grey trim. Glass would be high performance, insulated, low-e glazing. The proposed dealership with an integrated sales, service and inventory building is efficient and innovative. The typical negative aspects of an automobile dealership such as a lot of merchandise parked cars and service bays have been internalized in the building or on the roof deck, which will not be seen by those passing by the site.  The proposed signs are appropriate for the use and scale of the building and site.  As conditioned the site and building lighting will not affect the Baylands preserve area. Compatibility and Character: Finding #2: The design is compatible with the immediate environment of the site. Finding #4: In areas considered by the board as having a unified design character or historical character, the design is compatible with such character; Finding #5: The design promotes harmonious transitions in scale and character in areas between different designated land uses. Finding #6: The design is compatible with approved improvements both on and off the site. The project is consistent with Findings #2, #4, #5, and #6 because: The buildings in the immediate environment have a variety of heights, sizes and styles. It is important to note that the site is the only site with the CS zoning designation and will also be the only automobile dealership with the AD combining district. These designations allow for greater massing and height. The building is situated on a corner lot that would serve to anchor the intersection of Bayshore Road and Embarcadero Road. The site includes an easement that would preclude development within 80’-0” of Bayshore Road, which would provide some buffer from the street for the building. The proposed building would provide some visual interest with change in materials and articulations of the facades. The general design would not be out of character of the design of adjacent buildings and sites and strengthens the on-site theme of being recognized as an automobile dealership. The project seeks relieve from a “build-to” setback, which would be consistent with adjacent properties. The site has substantial setbacks from adjacent and nearby properties including from the Baylands, which the property is visible from to facilitate transition in scale and character. Functionality and Open Space: Finding #3: The design is appropriate to the function of the project. Finding #7: The planning and siting of the building on the site creates an internal sense of order and provides a desirable environment for occupants, visitors and the general community. Finding #8: The amount and arrangement of open space are appropriate to the design and the function of the structures. The project is consistent with Finding #3, #7, and #8, because: The project proposes an integrated automobile dealership with sales, service, customer parking and inventory in a building. As mentioned previously, the design allows for the internalization of certain negative aspects that typical with automobile dealerships. This design allows for better use of the property and compatibility with its surroundings. This allows for the site to include a bicycle amenity area, landscaping to buffer adjacent uses and the project also includes a balcony on the second level as an amenity to employees. Circulation and Traffic: Finding #9: Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the project’s design concept. Finding #10: Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles. The project is consistent with Finding #9 and #10 because: The project includes an integrated automobile dealership that uses a multi-functional building and on- site facilities to support the use. The site has access from two streets and includes on-site circulation around the building. The design would reduce potential noise and as conditioned would reduce light pollution at night. Landscaping and Plant Materials: Finding #11: Natural features are appropriately preserved and integrated with the project. Finding #12: The materials, textures and colors and details of construction and plant material are an appropriate expression to the design and function and compatible with the adjacent and neighboring structures, landscape elements and functions. Finding #13: The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable and functional environment on the site and the landscape concept depicts an appropriate unit with the various buildings on the site. Finding #14: Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety that would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance. The project is consistent with Finding #11, #12, #13, #14 because: The project would protect a number of trees that are located immediately off-site. The proposed plant materials are suitable and adaptable in creating a desirable environment for the proposed use. Sustainability: Finding #15: The design is energy efficient and incorporates renewable energy design elements including, but not limited to: a. Careful building orientation to optimize daylight to interiors b. High performance, low-emissivity glazing c. Cool roof and roof insulation beyond Code minimum d. Solar ready roof e. Use of energy efficient LED lighting f. Low-flow plumbing and shower fixtures g. Below grade parking to allow for increased landscape and stormwater treatment areas The project is consistent with Finding #15 because: The project will incorporate sustainable materials, high efficiency glazing systems to meet the Green Building standards. The project includes onsite storm water management measures through landscaping. SECTION 6. Architectural Review approval Granted. Architectural Review Approval is granted by the City Council under Palo Alto Municipal Code Section 18.77.070 for application 15PLN-000394, subject to the conditions of approval in Section 9 of this Record. SECTION 7. Context-Based Findings (1) Pedestrian and Bicycle Environment. The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements. This finding can be made in the affirmative because the project includes more than the minimum amount of bicycle parking and provides a bicycle amenity area. (2) Street Building Facades. Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements. This finding can be made in the affirmative because while the proposed use is considered automobile-serving, the project proposes linkages from the adjacent sidewalk to the site and building. The building is setback sufficiently as not to impose significant mass on the adjacent streets. (3) Massing and Setbacks. Buildings shall be designed to minimize massing and conform to proper setbacks. This finding can be made in the affirmative because the project is setback from the streets and provides perimeter landscaping to buffer the use from the adjacent roadways and properties. The building’s elements, including fenestration and articulation are horizontally oriented with exception of the elevator shafts, which if located centrally would reduce the efficiency of the building negating other positive aspects of the building design. (4) Low-Density Residential Transitions. Where new projects are built abutting existing lower scale residential development, care shall be taken to respect the scale and privacy of neighboring properties. This finding is not applicable. (5) Project Open Space. Private and public open space shall be provided so that it is usable for residents, visitors, and/or employees of the site. This finding can be made in the affirmative because since the project provides a bicycle amenity area for pass-by users and provides a second floor balcony for employees. (6) Parking Design. Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment. This finding can be made in the affirmative because the project includes parking within the building and not entirely as surface parking. (7) Large (Multi-Acre) Sites. Large sites (over one acre) shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood. This finding can be made in the affirmative in that the design of the facades, landscaping, signage is consistent with the surrounding development. (8) Sustainability and Green Building Design. Project design and materials to achieve sustainability and green building design should be incorporated into the project. As conditioned, the project will comply with the City’s Green Building and Energy Reach ordinances. SECTION 8. Design Enhancement Exception Findings (A): Deviation from “build-to” 10’-0” setback along Embarcadero Road; and (1) There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. (A) This finding can be made in the affirmative in that the subject property is a corner lot and the proposal contemplates an integrated automobile dealership and service facility in a vertical model, which is atypical for this type of use. Implementing the proposal provides for an efficient use of the property and do to its operation keeps unnecessary vehicle trips associated with the business on-site as circulation around the building can be accommodated with the deviation from the setback. (2) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant and to prevent unreasonable property loss or unnecessary hardships. (A) This finding can be made in the affirmative in that the proposal facilitates the efficient operation of the automobile dealership/service facility. Customer vehicles, inventory, sold inventory can be moved on-site without restrictions of using the adjacent Bayshore Road or Embarcadero Road. (3) The granting of the application 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. (A) The requested design enhancement exception will not be detrimental or injurious to property or improvements in the vicinity. The project site is not expected to have substantial pedestrian activity that works well with “build-to” setback requirements. Other adjacent properties do not have similar setbacks. Design Enhancement Exception Approval is granted by the City Council under Palo Alto Municipal Code Section 18.77.070 for application 15PLN-000394, subject to the conditions of approval in Section 9 of this Record. SECTION 9. Conditions of Approval. Planning Division 1. SUBSTANTIAL CONFORMANCE. The plans submitted for a Building Permit shall be in substantial conformance with plans dated June 6, 2016, except as modified to incorporate the following conditions of approval and any additional conditions placed on the project by the Planning Commission or City Council. 2. CONDITIONS OF APPROVAL. The following conditions of approval shall be printed on the sheets of the plan set submitted with the Building Permit application. 3. BUILDING MATERIALS AND COLOR SCHEME. The approved building materials and color scheme shall be shown on the building permit drawings for all buildings, structures, and other features. 4. NOISE PRODUCING EQUIPMENT. All noise producing equipment shall be fully enclosed to reduce noise levels and shall not exceed the allowances specified in Section 9.10 Noise of the Palo Alto Municipal Code. 5. PROJECT ARBORIST. The property owner shall retain a certified arborist to ensure the project conforms to all Planning and Urban Forestry conditions related to landscaping/trees, as shown in the approved plan set. 6. TREE PROTECTION FENCING. Tree protection fencing shall be required to protect trees that are to remain during construction. 7. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final Any revisions during the building process must be approved by Planning, including but not limited to; materials, fenestration and hard surface locations. Contact your Project Planner. 8. LANDSCAPING PLAN. A landscaping plan shall be included with the plans submitted for the building permit. The plan shall include species type, size and quantities to be planted. The irrigation plan shall be included showing any mechanical irrigation systems. 9. LANDSCAPE MAINTENANCE. All landscape material shall be well maintained and replaced if necessary, to the satisfaction of the Urban Forester and Director of Planning. 10. SIGN PLANS. All signs shall comply with the City’s sign code or the applicant may apply for a separate sign adjustment for review before the Architectural Review Board for signs not meeting specific requirements. 11. GREEN BUILDING PROGRAM. Upon submittal of an application for a building permit, the project is required to comply with the City’s Green Building Ordinance. 12. LIGHTING. All exterior lights shall be designed to be programmable to turn off and on at specific times and dimmable as described in approved project plans. Lights shall be dimmed at least 50% or shut off between the hours of 10:00 PM and 7:00 AM. If complaints are registered regarding lighting for the site, then the operator shall work with the Planning and Community Environment Department to provide desirable levels of lighting, which may mean further limitations on hours of lightings and illumination intensity. 13. MITIGATION MEASURE (BIOLOGICAL). BIO-1 Exterior Lighting. All exterior lighting shall be shielded, directed downward, and designed to minimize light spillage beyond the property line. All exterior lighting shall also be reduced to security level lighting between the hours of 10:00 PM and 7:00 AM. Any proposal to change these specifications or hours must be accompanied by biological resources reports, to the satisfaction of the City of Palo Alto. 14. MITIGATION MEASURE (BIOLOGICAL). BIO-2 Nesting Bird Protection. To avoid disturbance of nesting and special-status birds, activities related to the project, including, but not limited to, tree removal, ground disturbance, and construction and demolition shall occur outside of the bird breeding season (typically February through August in the project region). If construction must begin within the breeding season, then a pre-construction nesting bird survey shall be conducted no more than 3 days prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted within the Project Boundary, including a 300-foot buffer (500-foot for raptors), on foot, and within inaccessible areas (i.e., private lands) afar using binoculars to the extent practical. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in the area. If nests are found, an avoidance buffer (which is dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within this buffer until the avian biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist. 15. MITIGATION MEASURE (TRANSPORTATION). T-1 East Bayshore Road and Embarcadero Road. The project applicant shall construct the following improvements and enter into a reimbursement agreement with the City for payment less their fair share of the improvement costs:  Revise the eastbound leg on Embarcadero Road to include two left-turn pockets, a through lane, and a shared through/right-turn lane. This improvement shall also include changing the east-west phasing from split phase timing to protected left turn phasing.  Restripe the northbound approach to have one left turn lane and one shared left- through-right lane. This would likely require modifying the median island and relocating the signal equipment on the west leg of the intersection. 16. This approval is contingent upon the adoption of an Automobile Dealership (AD) overlay to the subject property. The approvals herein shall not go into effect until 30 days following the second reading of such overlay ordinance. In the event the ordinance is the subject of a timely referendum, such approvals shall be stayed pending final outcome of such legal action. 17. 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. 18. IMPACT FEES. Prior to issuance of a building permit, a payment of Development Impact Fees shall be made. 19. NINETY (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. Public Works Engineering 20. As discussed with the project Civil Engineer, two direct connections to the City’s storm drain line are acceptable. Revise the plans to eliminate connection 796. Also provide manholes at all the bends (796, 813, 797) 21. As describe on the response letter this project will require approximately 4 months of dewatering. See attached Notice to Owners/Applicants planning to Dewater and Construction basements in Palo Alto. Please review this letter, City Council adopted these requirements on February 1, 2016, there will be additional dewatering requirements for the applicants to submit with the Building Permit application. Applicant shall be ready to submit the dewatering plan with all of the items on this letter addressed. 22. C3 REQUIREMENTS: As of January 1, 2016, projects still under the Planning Entitlements phase are required to provide the third party certification prior to Planning entitlement approval. Once the proposed bio-retention areas are revised to be outside of the easement and not over the City’s storm drain line. Provide the stamped and signed C3 certification data forms and plans. 23. EXISTING EASEMENTS: Provide a copy of the approvals from entities who benefit from the-onsite easements to verify that the work within these easement would be permitted. 24. Provide the following note on the Site Plan and Structural plans to indicate, “The proposed project is a Substantial Improvement and shall comply with Palo Alto Municipal Code Chapter 16.52 Flood Hazard Regulations and FEMA’s requirements.” 25. FLOOD ZONE: Add a note on the plans shall indicate that the Assessor’s Parcel 008-03-065 is located within FEMA’s Special Flood Hazard Area Zone AE where the base flood elevation (BFE) was determined to be 10.5 as shown on the FIRM Panel Number 06085C0030H dated May 18, 2009. 26. FLOOD ZONE CONSTRUCTION MATERIALS AND METHODS: Add a note on the Structural, Architectural and Mechanical plans to indicate that all new construction and substantial improved structures shall be constructed with flood-resistant materials and utility equipment shall be resistant to flood damage as specified in FEMA’s technical bulletins and Palo Alto Municipal Code Section 16.52.130. b 27. FLOOD ZONE CERTIFICATION: An Elevation Certification shall be provided for all structure(s) and shall be prepared by a registered professional engineer or surveyor, and verified by a community official to be properly elevated. Such certification and verification shall be provided to the floodplain administrator based on PAMC section 16.52.130, and shall be prepared at 3 stages of construction: with the construction documents, during construction, and prior to building permit final. The elevation certificate prepared based on the existing structure and the proposed construction, shall be scanned and attached with the building permit construction documents. Certificates shall be prepared on the NAVD 28. The “Survey Requirements for Construction in the Special Flood Hazard Area” shall be added to the plan set. A pdf copy of the documents titled Plan Insert for Elevation Certification Requirements) is available on the City’s website http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp under Flood Zone Issues. 29. FLOOD ZONE VENTS: All new construction and substantially improved structures, with fully enclosed areas below the lowest floor are useable solely for the parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. This requirement shall comply with the guidelines set on FEMA’s technical bulletins, including but not limited to TB1-08, TB6-93 and TB7-93. See PAMC 16.52.130.c.3 for minimum criteria. Plot and label the vent openings on the structural details. There must be at least two openings for each enclosed area with 1 sq in of opening for each 1 sq ft of enclosed area. These openings must be placed no more than 12 inches above lowest adjacent grade. Provide on the drawings the following: a. a schedule showing the areas enclosed; b. the area of each opening; c. the number of openings required; d. a detail showing the location of the vent relative to adjacent grade; e. and the location of the openings on the foundation plan. These should also be incorporated into the structural drawings, since flood openings in the foundation affect the structural engineer’s design. Guidelines for flood openings can be found in FEMA Technical Bulletin 1-08, “Openings in Foundation Walls.” 30. 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”. 31. GRADING PERMIT: The site plan must include a table that shows the earthwork (cut and fill) volumes. If the total is more than 100 cubic yards, a grading permit will be required. An application and plans including Rough Grading and Shoring Plans are submitted to Public Works separately from the building permit plan set. The application and guidelines are available on our Public Works website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 32. ROUGH GRADING: provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc. 33. LOGISTICS PLAN: The applicant and contractor shall prepare a construction logistics plan for the work associated with the Excavation and Grading permit. Plan shall be submitted to Public Works Engineering and shall address 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 Grading and Excavation Permit. It shall include notes as indicated on the approved Truck Route Map for construction traffic to and from the site. Plan shall also indicate if the bus stop will need to be relocated. 34. SHORING PLAN: Provide a shoring plan for the existing utilities (if needed), to clearly indicate how the new structures will be constructed while protecting the existing utilities. If tiebacks are proposed they shall not extend onto adjacent private property, existing easements or into the City’s right-of-way without having first obtained written permission from the private property owners and/or an encroachment permit from Public Works. Plot and label the tree protection measures on the shoring plans. 35. GEOTECHNICAL REPORT: Shall clearly identify the highest projected groundwater level to be encountered will be ______ feet below existing grade. 36. DEWATERING: Basement excavation may require dewatering during construction. Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is not allowed. Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level. We recommend that a piezometer be installed in the soil boring. The contractor shall determine the depth to groundwater immediately prior to excavation by using a piezometer or by drilling an exploratory hole if the deepest excavation will be within 3 feet of the highest anticipated groundwater level. If groundwater is found within 2 feet of the deepest excavation, a drawdown well dewatering system must be used, or alternatively, the contractor can excavate for the basement and hope not to hit groundwater, but if he does, he must immediately stop all work and install a drawdown well system before he continues to excavate. Based on the determined groundwater depth and season the contractor may be required to dewater the site or stop all grading and excavation work. In addition Public Works may require that all groundwater be tested for contaminants prior to initial discharge and at intervals during dewatering. If testing is required, the contractor must retain an independent testing firm to test the discharge water for contaminants Public Works specifies and submit the results to Public Works. Public Works reviews and approves dewatering plans as part of a Street Work Permit. The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. The street work permit to dewater must be obtained in June to allow ample to time to dewater and complete the dewatering phase by October 31st. Please note that due to proximity to the bay this site may need to obtain the dewatering permit and commence dewatering in July to meet the October 31st deadline. Public Works has a sample dewatering plan sheet and dewatering guidelines available on our website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 37. WATER FILLING STATION: Due to the California drought, applicant shall install a water station for the non-potable reuse of the dewatering water. This water station shall be constructed within private property, next to the right-of-way, (typically, behind the sidewalk). The station shall be accessible 24 hours a day for the filling of water carrying vehicles (i.e. street sweepers, etc.). The water station may also be used for onsite dust control. Before a discharge permit can be issued, the water supply station shall be installed, ready for operational and inspected by Public Works. The groundwater will also need to be tested for contaminants and chemical properties for the non-potable use. The discharge permit cannot be issued until the test results are received. Additional information regarding the station will be made available on the City’s website under Public Works. 38. GROUNDWATER USE PLAN: A Groundwater Use Plan (GWUP) shall be submitted for review for any project which requires dewatering. The GWUP, a narrative that shall be included in or accompany the Dewatering Plan, must demonstrate the highest beneficial use practicable of the pumped groundwater. The GWUP shall also state that all onsite, non-potable water needs such as dust control shall be met by using the pumped groundwater. Delays in submitting the GWUP can result in delays in the issuance of your discharge permit as Public Works requires sufficient review time which shall be expected by the applicant. 39. See attached Notice to Owners/Applicants planning to Dewater and Construction basements in Palo Alto. Please review this letter, City Council adopted these requirements on February 1, 2016, there will be additional dewatering requirements for the applicants to submit with the Building Permit application. 40. GRADING AND DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a licensed professional that includes existing and proposed spot elevations, earthwork volumes, finished floor elevations, pad elevation, area drain and bubbler locations, drainage flow arrows to demonstrate proper drainage of the site. See Palo Alto Municipal Code Section 16.28 and Grading & Drainage Guidelines for Residential Development form for guidelines. http://www.cityofpaloalto.org/civicax/filebank/documents/2717 41. The Grading and Drainage Plan sheet GR03.00 is difficult to read, please use another CTB file when printing or modify the pen light weights to make this sheet more legible. As described on previous comment letter, it’s difficult to determine if any retaining wall are required along the project perimeter or to calculate the drive aisle slopes needed to raise the structure above the BFE. Note that the proposed parking slopes may exceed the allowed slope. 42. As shown on the plans applicant shall relocate the City’s existing 21-inch RCP storm drain line away for the proposed building foundations. The conceptual utility plan is to place a new 21-inch storm drain line in the drive aisle. The proposed storm drain line shall be design to drain by gravity and shall include manholes at the bends. The site drainage shall not be directly connected to the City’s line. No building structures shall be located over the new storm drain line and City easements. As part of the building permit application, applicant shall submit a schedule that includes the storm drain line replacement. Prior to building permit final, applicant shall record a new easement for the new storm drain line. The portion of the City’s existing line that is near the new building foundation shall be removed completely. 43. UTILITES AND BIO-RETENTION AREAS: Due to maintenance and inspection requirements associated with the bioretention areas, utilities that are not associated with the bio- retention design, shall not be installed within the bio-retention areas. It’s not clear if there are any existing or proposed utilities within the bio-rentention areas. Plot and label any existing lines to determine if these lines should be relocated or relocate the treatment areas if necessary. Identify any lines to be relocated. 44. STORM WATER TREATMENT: This project shall comply with the storm water regulations contained in provision C.3 of the NPDES municipal storm water discharge permit issued by the San Francisco Bay Regional Water Quality Control Board (and incorporated into Palo Alto Municipal Code Chapter 16.11). These regulations apply to land development projects that create or replace 10,000 square feet or more of impervious surface, and restaurants, retail gasoline outlets, auto service facilities, and uncovered parking lots that create and/or replace 5,000 square feet or more of impervious surface. In order to address the potential permanent impacts of the project on storm water quality, the applicant shall incorporate into the project a set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality, subject to the approval of the Public Works Department. The applicant shall identify, size, design and incorporate permanent storm water pollution prevention measures (preferably landscape-based treatment controls such as bioswales, filter strips, and permeable pavement rather than mechanical devices that require long-term maintenance) to treat the runoff from a “water quality storm” specified in PAMC Chapter 16.11 prior to discharge to the municipal storm drain system. Effective February 10, 2011, regulated projects, must contract with a qualified third-party reviewer during the building permit review process to certify that the proposed permanent storm water pollution prevention measures comply with the requirements of Palo Alto Municipal Code Chapter 16.11. The certification form, 2 copies of approved storm water treatment plan, and a description of Maintenance Task and Schedule must be received by the City from the third- party reviewer prior to approval of the building permit by the Public Works department. Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, third-party reviewer shall also submit to the City a certification for approval If pumps are required, plot and label where the pumps will be located, storm water runoff from pumped system shall daylight onto onsite landscaped areas and be allowed to infiltrate and flow by gravity to the public storm drain line. Storm water runoff that is pumped shall not be directly piped into the public storm drain line. 45. Bioretention swales shall be designed to use the full swale length for treatment, place the bubbler (outlet) and catch basin (inlet) at the ends of the swale. 46. Applicant shall be aware that the project may trigger water line and meter upgrades or relocation, if upgrades or relocation are required, the building permit plan set shall plot and label utility changes. If a backflow preventer is required, it shall be located within private property and plotted on the plans. Similarly if a transformer upgrade or a grease interceptor is required it shall also be located within the private property. Plot and label these on the Utility plan. 47. The following note shall be shown on the plans adjacent to the area on the Site Plan: “Any construction within the city right-of-way must have an approved Permit for Construction in the Public Street prior to commencement of this work. THE PERFORMANCE OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN ON THE BUILDING PERMIT FOR INFORMATION ONLY.” 48. SIDEWALK, CURB & GUTTER: As part of this project, the applicant shall replace those portions of the existing sidewalks, curbs, gutters or driveway approaches in the public right-of-way along the frontage(s) of the property. Contact Public Works’ inspector at 650-496-6929 to arrange a site visit so that the inspector can discuss the extent of replacement work along the public road. The site plan submitted with the building permit plan set must show the extent of the replacement work. At minimum the curb and gutter and sidewalk along the project frontage shall be shown to be replaced. 49. PAVEMENT: East Bayshore is scheduled to be resurfaced in 2015. Any cutting into the pavement will trigger additional pavement requirements. Add the following note to the Site Plan adjacent to the public right-of-way: “Applicant and contractor will be responsible for resurfacing portions of Embarcadero Road and East Bayshore based the roadway surface condition after project completion and limits of trench work. At a minimum pavement resurfacing of the full width of the street along the project frontage may be required.” Plot and label the area to be resurfaced as hatched on the site plan. 50. Provide the following note on the Site Plan and Grading and Drainage Plan: “Contractor shall not stage, store, or stockpile any material or equipment within the public road right-of- way.” Construction phasing shall be coordinate to keep materials and equipment onsite or within private property. 51. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 52. STORMWATER POLLUTION PREVENTION – The plan set shall include the “Pollution Prevention – It’s Part of the Plan” An electronic copy of this plan is available on the City’s website. http://www.cityofpaloalto.org/civicax/filebank/documents/2732 PRIOR TO BUILDING PERMIT FINAL 53. STORM DRAIN EASEMENT: The new easement shall be recorded and the existing easement shall be abandoned. 54. STORMWATER MAINTENANCE AGREEMENT: The applicant shall designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance measures. The maintenance agreement shall be executed prior to the first building occupancy sign-off. The City will inspect the treatment measures yearly and charge an inspection fee. There is currently a $381 (FY 2015) C.3 plan check fee that will be collected upon submittal for a grading or building permit. Utilities Electrical Engineering 55. Industrial and large commercial customers must allow sufficient lead-time for Electric Utility Engineering and Operations (typically 8-12 weeks after advance engineering fees have been paid) to design and construct the electric service requested. 56. A completed Utility Service Application and a full set of plans must be included with all applications involving electrical work. The Application must be included with the preliminary submittal. 57. The applicant shall submit a request to disconnect all existing utility services and/or meters including a signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and removed. 58. All utility meters, lines, transformers, backflow preventers, and any other required equipment shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials. In addition, all aboveground equipment shall be screened in a manner that is consistent with the building design and setback requirements. 59. Contractors and developers shall obtain permit from the Department of Public Works before digging in the street right-of-way. This includes sidewalks, driveways and planter strips. 60. At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert (USA) at 1-800-227-2600 to have existing underground utilities located and marked. The areas to be checked for underground facility marking shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction is complete. 61. The customer is responsible for installing all on-site substructures (conduits, boxes and pads) required for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All conduits must be sized according to California Electric Code requirements and no 1/2 – inch size conduits are permitted. All off-site substructure work will be constructed by the City at the customer’s expense. Where mutually agreed upon by the City and the Applicant, all or part of the off-site substructure work may be constructed by the Applicant. 62. All primary electric conduits shall be concrete encased with the top of the encasement at the depth of 30 inches. No more than 180 degrees of bends are allowed in a primary conduit run. Conduit runs over 500 feet in length require additional pull boxes. 63. All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 64. For services larger than 1600 amps, a transition cabinet as the interconnection point between the utility’s padmount transformer and the customer’s main switchgear may be required. See City of Palo Alto Utilities Standard Drawing SR-XF-E-1020. The cabinet design drawings must be submitted to the Electric Utility Engineering Division for review and approval. 65. For underground services, no more than four (4) 750 MCM conductors per phase can be connected to the transformer secondary terminals; otherwise, bus duct or x-flex cable must be used for connections to padmount transformers. If customer installs a bus duct directly between the transformer secondary terminals and the main switchgear, the installation of a transition cabinet will not be required. 66. The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meet the California Electric Code and the City Standards. 67. Meter and switchboard requirements shall be in accordance with Electric Utility Service Equipment Requirements Committee (EUSERC) drawings accepted by Utility and CPA standards for meter installations. 68. Shop/factory drawings for switchboards (400A and greater) and associated hardware must be submitted for review and approval prior to installing the switchgear to: Ibrahim Peek Assistant Electrical Engineer Utilities Engineering (Electrical) 1007 Elwell Court Palo Alto, CA 94303 69. For 400A switchboards only, catalog cut sheets may be substituted in place of factory drawings. 70. All new underground electric services shall be inspected and approved by both the Building Inspection Division and the Electrical Underground Inspector before energizing. 71. The customer shall provide as-built drawings showing the location of all switchboards, conduits (number and size), conductors (number and size), splice boxes, vaults and switch/transformer pads. 72. The follow must be completed before Utilities will make the connection to the utility system and energize the service:  All fees must be paid.  All required inspections have been completed and approved by both the Building Inspection Division and the Electrical Underground Inspector.  All Special Facilities contracts or other agreements need to be signed by the City and applicant.  Easement documents must be completed. Urban Forestry PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 73. BUILDING PERMIT SUBMITTAL- PROJECT ARBORIST CERTIFICATION LETTER. Prior to submittal for staff review, attach a Project Arborist Certification Letter that he/she has; (a) reviewed the entire building permit plan set submittal and, (b)* verified all his/her updated TPR mitigation measures and changes are incorporated in the plan set, (c) affirm that ongoing Contractor/Project Arborist site monitoring inspections and reporting have been arranged with the contractor or owner (see Sheet T-1) and, (d) understands that design revisions (site or plan changes) within a TPZ will be routed to Project Arborist/Contractor for review prior to approval from City. * (b above) other information. The Building Permit submittal set shall be accompanied by the project site arborist’s certification letter that the plans have incorporated said design changes and are consistent with City Tree Technical Manual Standards, Regulations and information: a. Provide a project arborist’s Updated Tree Protection Report (TPR) with building permit level mitigation measures, (e.g., resolve grading proximity issues with Public tree #2 and neighbor trees #3 and 5; exact TPZ scaled in feet). Provide plan revision directions to minimize root cutting conflicts that are obvious in the civil, basement, sidewalk improvement sheets. See TPR below. b. Palo Alto Tree Technical Manual Construction Standards, Section 2.00 and PAMC 8.10.080. 74. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include the following information and notes on relevant plan sheets: a. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City’s fullsized, Sheet T-1 (Tree Protection-it's Part of the Plan!), available on the Development Center website at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant shall complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree Activity Inspection Schedule. Monthly reporting to Urban Forestry/Contractor is mandatory. (Insp. #1: applies to all projects; with tree preservation report: Insp. #1-7 applies) b. The Tree Preservation Report (TPR). All sheets of the Applicant’s construction level TPR approved by the City for full implementation by Contractor, Arbor Resources final report shall be printed on numbered Sheet T-1 (T-2, T-3, etc) and added to the sheet index. c. Plans to show protective tree fencing. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Regulated Tree, using a bold dashed line enclosing the Tree Protection Zone (Standard Dwg. #605, Sheet T-1; City Tree Technical Manual, Section 6.35-Site Plans); or by using the Project Arborist’s unique diagram for each Tree Protection Zone enclosure. 75. SITE PLAN REQUIREMENTS: In addition to showing TPZ fencing, add the following Notes on the specified Plan Sheets. a. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree Protection Report and the approved plans”. b. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall add a note applying to the trees to be protected, including neighboring trees stating: "Regulated Tree--before working in this area contact the Project Site Arborist at 650-321-0202"; c. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall include the following note: “Utility trenching shall not occur within the TPZ of the protected tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions.” d. Note #4. “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.” e. 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” 76. 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. a. 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).” b. 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 77. 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). a. Add note on the Planting Plan that states, “Tree Planting. Prior to in-ground installation, Urban Forestry inspection/approval is required for tree stock, planting conditions and irrigation adequacy. Contact (650-496-5953).” b. Landscape 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. c. 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. d. 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.” e. 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. 78. NEW TREES—SOIL VOLUME. Unless otherwise approved, new right-of-way trees each new tree shall be provided with 800 cubic feet of rootable soil area, utilizing Standard Dwg. #604/513. Rootable soil shall mean compaction less than 90% over the area, not including sidewalk base areas except when mitigated. Sidewalk or asphalt base underlayment [in lieu of compacted base rock] shall use an Alternative Base Material method such as structural grid (Silva Cell). Design and manufacturer details shall be added to relevant civil and landscape sheets. Each parking lot tree in small islands and all public trees shall be provided adequate rootable soil commensurate to mature tree size. Note: this expectation requires coordination with the engineer, arborist and landscape architect. a. Minimum soil volume for tree size growth performance (in cubic feet): Large: 1,200 cu.ft. Medium: 800 cu.ft. Small: 400 cu.ft. b. Landscape Plan. When qualifying for parking area shade ordinance compliance (PAMC 18.40.130) trees shall be labeled (as S, M or L). c. Engineered Soil Mix (ESM). When approved, Engineered Soil Mix base material shall be utilized in specified areas, such as a sidewalk base or channeling to a landscape area, to achieve expected shade tree rooting potential and maximum service life of the sidewalk, curb, parking surfaces and compacted areas. Plans and Civil Drawings shall use CPA Public Works Engineering ESM Specifications, Section 30 and Standard Dwg. #603a. Designated areas will be identified by cross-hatch or other symbol, and specify a minimum of 24" depth. The technology may be counted toward any credits awarded for LEED or Sustainable Sites certification ratings. 79. 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. 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). 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. 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. A turf-free zone around trees 36” diameter (18” radius) required for best tree performance. d. Add note: “Mandatory Landscape Architect (LA) Inspections and Verification to the City. The LA shall verify the performance measurements are achieved with a letter of verification to City Planning staff, in addition to owner’s representative for the following: i. All the above landscape plan and tree requirements are in the Building Permit set of plans. ii. Percolation & drainage checks have been performed and are acceptable. iii. Fine grading inspection of all plantable areas has been personally inspected for tilling depth, rubble removal, soil test amendments are mixed and irrigation trenching will not cut through any tree roots. iv. Tree and Shrub Planting Specifications, including delivered stock, meets Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling roots and previously topped trees are subject to rejection. DURING CONSTRUCTION 80. TREE PROTECTION VERIFICATION. Prior to any site work a written verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section (derek.sproat@cityofpaloalto.org). The fencing shall contain required warning sign and remain in place until final inspection of the project. 81. 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. 82. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, Skender Construction, Bay Area Tree Specialists Richard Smith, 408-836-9147, 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. 83. 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. 84. TREE PROTECTION. Tree protection fencing is not required for this minor project. However, the owner and contractor shall, as needed, protect and preserve all trees to remain on the site, subject to code compliance action pursuant to PAMC 8.10.080 and Construction Requirements of the City Tree Technical Manual, Section 2.00. 85. 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. 86. 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 87. 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). 88. 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. 89. 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. 90. 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 91. 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. Utilities Water-Gas-Wastewater Engineering PRIOR TO ISSUANCE OF DEMOLITION PERMIT 92. 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. 93. 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 94. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 95. 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. 96. 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). 97. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services. 98. 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. 99. 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. 100. 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. 101. 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. 102. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 103. Existing water services that are not a currently standard material shall be replaced at the applicant’s expense. 104. 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. 105. 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. 106. A separate water meter and backflow preventer is required to irrigate the approved landscape plan. Show the location of the irrigation meter on the plans. This meter shall be designated as an irrigation account 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. 107. A new water service line installation for domestic usage is required. For service connections of 4-inch through 8-inch sizes, the applicant's contractor must provide and install a concrete vault with meter reading lid covers for water meter and other required control equipment in accordance with the utilities standard detail. Show the location of the new water service and meter on the plans. 108. A new water service line installation for irrigation usage is required. Show the location of the new water service and meter on the plans. 109. 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. 110. A new gas service line installation is required. Show the new gas meter location on the plans. The gas meter location must conform with utilities standard details. 111. A new sewer lateral installation per lot is required. Show the location of the new sewer lateral on the plans. 112. 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”. 113. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilities procedures. 114. 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. 115. 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. 116. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. Public Art 117. If the applicant chooses to pay in-lieu of commissioning art on site, the funds must be paid prior to the issuance of a building permit. 118. If the applicant chooses to commission art on site, then they must complete both initial and final reviews and receive approval from the Public Art Commission prior to the issuance of a permit. Building Department 119. Plans shall include an analysis of the occupancies separations. 120. Plans shall include an analysis of the exit (egress) system. 121. Plans shall include the location(s) of the accessible path(s) that include the public right-of-way. 122. All parking areas shall include accessible parking spaces as required by 2013 CBC 11B. Fire Department 123. Install a NFPA 13 fire sprinkler, NFPA 14 standpipe, NFPA 24 underground fire service and NFPA 72 fire alarm system under separate permit. 124. Install two (2) on-site fire hydrants. Install one (1) public fire hydrant on Embarcadero Road. 125. This facility shall meet the requirements of the 2013 CA Fire Code section 510 RE: Emergency Responders Radio System. 126. Fire Department access roadways shall meet the requirements of the 2013 CA Fire Code Section 503 and Appendix D including section D105. Green Building Local Energy Reach Code for Non-Residential Projects The following conditions apply to the project: 127. The project includes new construction and therefore triggers the Local Energy Efficiency Reach Code. For all new non-residential construction: The performance approach specified within the 2013 California Energy Code shall be used to demonstrate that the TDV Energy of the proposed building is at least 15% less than the TDV Energy of the Standard Design. (Ord. 5326 § 1 (part), 2015) Green Building Requirements for Non-Residential Projects The following conditions apply to the project: 128. 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 16.14.080 (Ord. 5324 § 1 (part), 2015). The project applicant shall indicate the requirements on the Permit Plans. The submittal requirements are outlined here: www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp. 129. The project is a new building over 10,000 square feet and therefore must meet the commissioning requirements outlined in the California Building Code section 5.410.2 for Planning Approval. The project team shall re-submit the Owner’s Project Requirements (OPR) in accordance with section 5.410.2.1 with an updated Basis of Design (BOD) in accordance with 5.410.2.2 that reflects the design elements finalized between Planning Approval and Permit Submittal. The project shall also submit a Commissioning Plan in accordance with 5.410.2.3 and the GB-3 and GB-4 requirements listed on the green building section of the Development Services webpage. 130. 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 16.14.380 (Ord. 5324 § 1 (part), 2015). The Energy Star Project Profile shall be submitted to the Building Department prior to permit issuance. Submittal info can be found at: https://www.cityofpaloalto.org/gov/depts/utl/business/benchmarking_your_building.asp. 131. EMERGENCY DROUGHT REGULATIONS: The project is a non-residential new construction project with a landscape of any size included in the project scope and therefore must comply with Potable water reduction Tier 2 in accordance with the Emergency Drought Regulations effective June 1st, 2015. Documentation is required to demonstrate that the Estimated Total Water Use (ETWU) falls within a Maximum Applied Water Allowance (MAWA) using the ET adjustment factor (ETAF) of 0.55 for landscaped areas. Special Landscape Areas (SLA) will be given an allowance of 0.45. The resulting ETAF for SLA shall be 1.0. (PAMC 16.14 (Ord. 5324 § 1 (part), 2015) and the Emergency Drought Regulations link below: http://www.documents.dgs.ca.gov/bsc/2015TriCycle/BSC-Meetings/Emergency-Regs/HCDEF-01-15- ET-Pt11.pdf 132. The project applicant shall update sheet L-6 to reflect the landscape calculations and information above on the Permit Plans. 133. 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. 5324 § 1 (part), 2015). 134. 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. 5324 § 1 (part), 2015). ). The project applicant shall indicate the requirements on the Permit Plans. 135. 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. 5324 § 1 (part), 2015). The project applicant shall indicate the requirements on the Permit Plans. 136. 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. 5324 § 1 (part), 2015). The project applicant shall indicate the requirements on the Permit Plans. 137. The project is a nonresidential new construction or renovation project and has a value exceeding $25,000 and therefore must meet Enhanced Construction Waste Reduction Tier 2. PAMC 16.14.240 (Ord. 5324 § 1 (part), 2015). The project shall use the Green Halo System to document the requirements. 138. The project includes non-residential demolition and therefore must meet the Enhanced Construction Waste Reduction - Tier 2. PAMC 16.14.270 (Ord. 5324 § 1 (part), 2015). The project shall use the Green Halo System to document the requirements. 139. The project is a new non-residential structure and therefore must comply with the City of Palo Alto Electric Vehicle Charging Ordinance 5324. 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 5324 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. 140. The project has indicated the locations of the EVSE infrastructure on sheet A0.3. The following are required at Post-Construction after 12 months of occupancy. 141. 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. 5324 § 1 (part), 2015). Submittal info can be found at: https://www.cityofpaloalto.org/gov/depts/utl/business/benchmarking_your_building.asp. The following are optional to the project team: Optional Zero Net Energy Design Review: 142. OPTIONAL: The project is a new construction or remodel of a 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 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. Utilities Incentives & Rebates 143. OPTIONAL: 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 Bird-Friendly Building Design 144. OPTIONAL: The project contains a glazed façade that covers a large area. The project should consider bird-safe glazing treatment that typically includes fritting, netting, permanent stencils, frosted glass, exterior screens, and physical grids placed on the exterior of glazing or UV patterns visible to birds. In some cases, bird-friendly treatment is invisible to humans. 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 reference the San Francisco Guidelines for Bird-Safe Buildings: http://www.sf-planning.org/index.aspx?page=2506. SECTION 10. Term of Approval. 1. 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. 2. Architectural Review and Design Enhancement Exception Approval. In the event actual construction of the project is not commenced within one year of the date of council action, the Director of Planning may extend such time for a maximum of one year, pursuant to Palo Alto Municipal Code Section 18.77.090. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney Attachment C NOT YET APPROVED Ordinance No. Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 (Zoning Map and District Boundaries) of the Palo Alto Municipal Code to change the classification of certain property on 1700 Embarcadero Road from CS (D) to CS (D)(AD) The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. A. The Planning and Transportation Commission, after duly noticed hearing held April 27, 2016, has recommended that section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended as hereinafter set forth; and B. The City Council, after due consideration of this recommendation, finds that the proposed amendment is in the public interest and will promote the public health, safety and welfare. SECTION 2. Section 18.08.040 (Zoning Map and District Boundary) is hereby amended by changing the zoning of 1700 Embarcadero (the “subject property”), from “Commercial Service Site and Design Review Combining District” to “Commercial Service Site and Design Review and Automobile Dealership Combining District”. The subject property is shown on the map labeled ‘Exhibit A’ attached hereto and incorporated herein by reference. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Council finds that the adoption of this ordinance is covered under the provisions of the California Environmental Quality Act pursuant to CEQA Guideline section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration and 15074, Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration. The City Council finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. The Planning & Community Environment Department is the custodian of the records. NOT YET APPROVED SECTION 5. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Asst. City Attorney City Manager Director of Planning & Community Environment Exhibit A The property shown on this map labeled 1700 has an existing zoning designation of CS(D). The proposed ordinance changes the zoning designation to CS(D)(AD). The AD addition is for the Automobile Dealership overlay. 1 Application Narrative: Mercedes-Benz of Palo Alto Scope of Work, Existing and Proposed Use: The proposal for the Mercedes-Benz of Palo Alto is located on the corner of East Bayshore Road and Embarcadero Road on the 2.54 Acre site formerly operated as Ming’s Chinese Restaurant. The new business will be a retail sales and repair service operation with ancillary carwash for internal business use. The current project is undergoing a rezoning process for automotive use, which would align this corner with adjacent properties and businesses on Embarcadero. The proximity to the Freeway and neighboring commercial office buildings makes this area accessible to the public while not impacting nearby residential zones. The adjacent businesses on Embarcadero consist of two automotive use dealerships, representing Honda Motors and a new designed building for Audi. Overall Design Concept Statement: Mercedes-Benz in Palo Alto is conceived as a unique building utilizing a compact footprint, which employs vertical transportation elements and internal ramps for vehicular movement through the multi-floor structure to minimize the site’s surface parking and congestion of vehicle storage on the surface lot. The design of the building is more consistent with a multi-storied corporate office building in massing and scale compared to a typical traditional automotive dealership typology of large connected single-story volumes. Site Design Intent The site is bound on two sides by Embarcadero Road and East Bayshore Road. These streetscapes each have an existing mature tree line that will provide immediate sense of a mature site development. Creating an entrance to the Baylands area along the Embarcadero and Bayshore streetscapes, the site introduces trees for increased shading, a Baylands-inspired landscape (including native plantings), and public amenities (bench seating, bike repair and water station). Site design takes cues from the adjacent Byers Eye Institute property with mixtures of berms, ornamental grasses, granite pathways, and low concrete landscape walls. Further, the site will incorporate a Public Art component. Functionality of the site has been taken into consideration by maximizing the allowable FAR to facilitate a vertical dealership model which does not require acres of impervious surface lots and multiple buildings as a traditional typology. Primary access to the site is planned from Bayshore Road in order to mitigate congestion on the more heavily trafficked Embarcadero thoroughfare. Mercedes-Benz Autohaus Design principles: The Mercedes-Benz Autohaus global design corporate image has its aesthetic and architectural roots in the modern and technical/industrial detailing. It is a design which celebrated technology of emerging building materials and industrial processes in Europe during the industrial revolution. Today’s application of these principles manifest through corporate identity elements such as: ·Exposed steel expressed both in the interior and exterior and the use of metal and glass to exhibit the car as a showpiece inside an articulated modern environment. ·The open plan concept, with expansive glass and high performance envelopes generally are composed of massing and light versus ornamentation. ·The use CI elements such as the distinctive MB columns and exposed steel beam and roof edge with complementing color pallets in poured concrete, silver, grey and limited black accents are intended to promote clean sharp forms, which have variations in contrast and accentuate the volumes of the buildings. Attachment D 2 Application Narrative: Mercedes-Benz of Palo Alto Through the Sketch Study session and initial ARB meeting, the application of these principles has been modified to align more closely with the horizontal articulations and volume changes consistent with the Baylands design attributes, as executed in the Byers Eye Institute and other adjacent buildings. Further, the building’s materiality incorporates both Mercedes-Benz Autohaus Design and Baylands Design Guideline color tones. Building Massing: The building’s mass is articulated in distinct ways to create quality environments for both customers and employees by optimizing daylighting and natural ventilation through the use of expansive glazing on all building sides and the inclusion of exterior patio spaces. Building mass has been broken down as to provide more distinct architectural elements and maintain the horizontal nature of the Baylands design nature. Per discussions in the Sketch session and preliminary ARB meeting, each building elevation is treated with architectural features and façade treatment that relate and express the internal functions and orientation. The objective of the building design is to maximize passive design opportunities while employing rigorous systems design to insure the performance metrics meet and/or exceed code. Building Performance and Materiality: The sustainable impact of the building is of great importance. Insulated walls with metal panel and finish plaster, high efficiency glass with protective bird coatings, insulation of mechanical heating and cooling, as well as passive ventilation strategies, are used to maximize the building’s energy performance. Sensitivity to light pollution from the building envelope and the site lighting design are targeted to achieve highest code standards. Development of natural lighting strategies, as well as the outdoor space, have been designed to optimize orientation and wind in service of promoting a healthy environment for all customers and staff throughout the building. The building’s proposed material palette draws from both the Mercedes-Benz Autohaus Design, utilizing silver and black materials, and the Baylands Design Guidelines, utilizing Sandy Hook Grey material. The independent structure adjacent to the primary building is the carwash structure. Its design aligns with the architectural tone of the primary building on all four sides and employs the industry’s most effective recycled water recapture system. Construction Methodology: Mercedes-Benz of Palo Alto has an elevated finished floor slab on a series of piers to establish the required height above sea level per FEMA standards. This elevated floor design allows the site to be naturally drained to BMP surface treatment located around the perimeter of the site. The primary structural system will be a steel frame building with metal stud and insulated wall cladding system on all sides. The exterior skin is composed of both aluminum metal panel rain screen systems and high performance plaster with a continuous insulated skin condition. All glass is a low e coated high performance glass with bird film to achieve extremely high R values and to mitigate excessive mechanical loads and equipment, resulting in lower energy consumption. The Carwash structure is designed as a slab on grade beams and piers with drainage mitigation per the City requiring openings at the base course of block for water to pass though in case of flooding. The construction is structural block with steel framed roof deck and exterior cladding matching the building in metal panel and high performance plaster. The structure has overhead doors on both ends. 3 Application Narrative: Mercedes-Benz of Palo Alto Relationship of Site and Existing Context The building’s relationship to the site, while different than the current single story Ming’s restaurant, will align with the existing context in several ways: · With regards to materiality, the exterior appearance will have similar technical feel of the new Audi Design being completed on adjacent site. · Per the Bayland’s Guidelines for Private Lands, the project utilizes the listed color, Sandy Hook Grey, as a significant portion of façade color. · The color also has some commonality utilizing silver with MB also incorporating dark grey/concrete and Sandy Hook grey. · The use of Glass and Metal skin as well as smooth plaster finishes. · With respect to the massing and height, the new MB Palo Alto store has a more commercial office massing consistent with the adjacent Byers Eye Institute building. · In addition, all building sides and fenestration have a horizontally proportional design. · The site takes advantage of existing mature trees on the street, which is taking cues from the Byers Eye Institute, the streetscape will employ similar berms and native landscape species. · The rear portions of the building facing the Baylands Nature Preserve are heavily screened by trees and the windows are minimized to reduce illumination. · All rooftop lighting is minimized with limited poles and integrated lighting in concealed wall locations to meet the minimum foot candle requirements. On Site Looking Northeast SITE PHOTOGRAPHS On Site Looking North Looking North from Site Existing Building Looking Northwest from Site Looking Northwest from Site Looking at Site from Baylands Trail (Southeast) Looking at Site from South Byers Institute (2452 Watson Ct.) Example of Baylands Inspired Theme Photo simulation of project using Southeast trail picture. ATTACHMENT F Project’s Conformance with Zoning Code Regulations 1700 Embarcadero Road / File No. 15PLN-00394 Table 1: CONFORMANCE WITH CHAPTER 18.16 & 18.30(F) (CS DISTRICT & AD COMBINING DISTRICT) Regulation Required Proposed Conformance Minimum Building Setbacks Front Setback 0-10 ft to create an 8-12 ft effective sidewalk 40 feet Project Conforms with DEE approval Interior Side Yard None 56 ft Project Conforms Street Side Setback None 80 ft Project Conforms Rear Setback None 50 ft to main building 5 ft to car wash building Project Conforms Floor Area Ratio (max) 66,384 s.f. (0.6:1) 0.4:1 (44,256 sf) 0.2:1 (22,123 sf) bonus 0.56:1 (61,510 sf) 0.39:1 (43,786 sf) 0.16:1 (17,724 sf) Project Conforms Lot Coverage None 28,213 s.f. (25.5%) Project Conforms Building Height 50 feet 50 ft Project Conforms Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading Requirements) Parking Spaces Required Proposed Conformance Customer/Employee Vehicle outdoor display: 1:500 s.f. (2,551/500 = 5) Showroom/Sales: 1:400 sf (30,475/400 = 76) Car Wash/Service Repair: 1:350 sf (19,756/350 = 56) 139 spaces* Surface: 43 2nd Floor: 66 3rd Floor: 30 Total: 139 Project Conforms Bicycles 1: 10 employees 7 spaces 8 spaces Project Conforms *Rounding Attachment G Final Initial Study/Mitigated Negative Declaration (Hard copies will be distributed to the City Council on June 2) http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2281&TargetID=319 Attachment H Hardcopies were provided to City Council and Libraries only Project plans can be reviewed at: http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2281&TargetID=319 Architectural Review Board Staff Report (ID # 6963) Report Type: Action Items Meeting Date: 5/19/2016 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-3221 Summary Title: 1700 Embarcadero Road (Mercedes Benz) Title: 1700 Embarcadero Road [15PLN-00394]: Request by Deeg Snyder, on behalf of Jones Palo Alto Real Property, LLC for a Major Architectural Review and Site and Design Review to demolish the existing approximately 18,000 square feet building and construct a new approximately 62,000 square feet building for an automobile dealership. The application includes Design Enhancement Exception requests to allow deviation from the 10 feet build-to-line from Embarcadero Road and Bayshore Road. A request to apply the Automobile Dealership (AD) zoning overlay is also being considered separately by the Planning and Transportation Commission. Environmental Assessment: Mitigated Negative Declaration. Zoning District: Service Commercial and Site Design Review Combining District CS (D). From: Hillary Gitelman Lead Department: Planning and Community Environment Recommendation It is recommended that the Architectural Review make a recommendation to the City Council to: 1. Adopt the Mitigated Negative Declaration 2. Approve the Design Enhancement Exception 3. Approve the Architectural Review application Report Summary The subject project was previously reviewed by the Architectural Review Board (ARB) on three other occasions. The Municipal Code encourages the Director of Planning and Community Development to make a decision on projects after three public hearings. However, the Director has requested this application return to the ARB for limited review of items that were not resolved at the previous May 5th hearing. These items are 1) lighting City of Palo Alto Planning & Community Environment Department Page 2 details and photometric study, 2) revised landscape plan that includes larger native trees that screen the building, and 3) a darker color for the stair tower at the front of the building. Earlier staff reports include background information, project analysis and evaluation to City codes and policies; these reports are available online; a copy of the first report without prior attachments is available in Attachment G. Below are links to the subsequent reports: November 19, 2015 - https://www.cityofpaloalto.org/civicax/filebank/documents/49848 February 18, 2016 - https://www.cityofpaloalto.org/civicax/filebank/documents/51101 May 5, 2016 - https://www.cityofpaloalto.org/civicax/filebank/documents/52196 The purpose of this report is to restate the three main comments made by the Board and detail the applicant’s response to those comments. The analysis section below builds upon the information contained in earlier reports and modified to reflect recent project changes. Planning staff supports the project and recommends the Board forward a recommendation of approval to the City Council based on the draft findings and conditions, or as modified by the Board. Project Description Applicant proposes a three-story automobile dealership project on Embarcadero Road in the Bayshore Employment Center. The project replaces a single-story restaurant building built in 1968; the structure is not a historic resource. The project is subject to architectural review findings, context-based design criteria and compliance review with the Baylands Master Plan Site and Assessment Design Guidelines. Implementing the project requires a rezone to include the Automobile Dealership (AD) combining district. As designed, the project meets the applicable zoning requirements with the exception of a “build-to” setback requirement along Embarcadero Road. This necessitates approval of a Design Enhancement Exception (DEE). Since the site includes the Site and Design Review (D) combining district, and the applicant has requested a rezoning, the project will also be reviewed by the Planning & Transportation (PTC). The ARB last considered this project on May 5, 2016. A video recording of the Board’s meeting is available online: http://midpenmedia.org/architectural-review-board-43/ At the May 5th hearing, the applicant presented a color scheme for the building that was changed to be consistent with the Baylands Master Plan by including the ‘sandy hook grey’ color prescribed by the plan, as well as the elimination of height exception request and elimination of a canopy adjacent to the car wash facility. With the changes, the applicant proposes an overall Floor Area Ratio (FAR) of 0.56:1 (0.6:1 permitted on sites with an Automobile Dealership combining district [proposing 0.4:1 for the dealership and 0.16:1 for the showroom bonus]). Site coverage proposed is 25.5 percent, whereas within the CS zone, there is no maximum site coverage standard. On the ground level, City of Palo Alto Planning & Community Environment Department Page 3 the project includes a car wash facility, landscaping, a surface parking facility to support 43 customer parking spaces, vehicle display area, and provision of solid waste and recycling enclosures. Additional parking facilities would be available within the building; however, customers’ vehicles would be parked via a valet service. Customer parking spaces are exempted from gross floor area inclusions. New car inventory parking spaces would be provided both on- site and off-site (the details of the inventory parking for off-site have not been finalized). Draft findings and conditions are included with this report, including DEE findings related to the setback deviation request. Requested Entitlements, Findings and Purview: The following discretionary applications are being requested:  Architectural Review – Major (AR): The process for evaluating this type of application is set forth in PAMC 18.77.070. AR applications are reviewed by the ARB and recommendations are typically forwarded to the Planning & Community Development Director for action within five business days of the Board’s recommendation. Action by the Director is appealable to the City Council if filed within 14 days of the decision. However, since this project includes other actions that require approval by the City Council, the Board will make their recommendation to the City Council. AR projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. The findings to approve an AR application are provided in Attachment B.  Design Enhancement Exception (DEE): This is to deviate from the “build-to-line” (percentage of building along the front setback) requirement within the CS district. The process for evaluating this type of application is set forth in PAMC 18.76.050. DEE applications are reviewed by the ARB and recommendations are typically forwarded to the Planning & Community Environment Director for action within five business days of the Board’s recommendation. Action by the Director is appealable to the City Council if filed within 14 days of the decision. As with the AR, the Board will make its recommendation on the DEE to the City Council. DEE projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. The findings to approve a DEE application are provided in Attachment B.  Site and Design Review: The process for evaluating this type of application is set forth in PAMC 18.30(G).060. These applications are reviewed by the Planning & Transportation Commission (PTC) and recommendations are forwarded to the City Council. Site and Design Review projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project.  Amendment to Zoning Map: This is a request to add the Automobile Dealership (AD) combining district. The process for evaluating this type of application is set forth in PAMC 18.80. Rezone applications are reviewed by the PTC and recommendations are forwarded to the City Council. City of Palo Alto Planning & Community Environment Department Page 4 Analysis1 During the ARB’s deliberation at its last meeting, a majority of the Board expressed comments indicating its support for the project, subject to conditions. However, as the dialogue continued there were three unresolved issues that the Board concluded required further refinement. The intent of this meeting is to focus on those three issues enumerated below: 1. Lighting details and photometric study. The Board requested that the applicant provide details on the types of light fixtures, locations, photometric plan, and overall description of how the site lighting will operate. In response, the applicant provided the specific light fixture information and manufacturer’s specifications. The project would include overhead, wall-mounted, ground-mounted, and bollard lighting. The designs are contemporary and are grey and black in color. Based on the photometric plan, the highest levels of site lighting are along Bayshore Road and the roof deck, which includes parking. The lighting however, is located at the center of the roof (8’-6” tall above roof deck or 4’-6” above the parapet) or along the parapets, which shield the lighting from spilling over the edge. There is no exhibit that demonstrates from what distance these two light standards would be visible if at all. The applicant states that the lighting will be controlled by a central lighting system and that the roof deck and car wash area lighting will turn off after close of business. The Bayshore Road elevation, the balcony facing Bayshore Road lighting would be reduced by 50 percent at a pre-defined time (Currently, the condition of approval is 10:00pm for this action). 2. Revised landscape plan with larger native trees to screen the building along the street. Along Embarcadero Road, the applicant proposes Red Oak (newly proposed) along with London Plane trees. The Red Oaks would reach 50’-0” in height with a canopy of 45’-0”. The London Planes would reach 50’-0” in height and a 30’-0” canopy. The Red Oaks are native to northeastern US. The London Plane is a hybrid of the American Sycamore typically found in urban environments because of its hardiness. Along the building, three Afghan Pines (60’-0” tall and 20’-0” wide) are newly proposed to be located in landscaped islands, which are also not native to California. 1 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. The Architectural Review Board in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to make alternative findings. A change to the findings may result in a final action that is different from the staff recommended action in this report. City of Palo Alto Planning & Community Environment Department Page 5 Along Bayshore Road, the existing Evergreen Elm street trees would remain accented by the proposed London Planes near the electrical transmission tower. Closer to the building Holmford Pears (40’-0” tall and 15’-0” wide) would be planted in landscaped islands. The crape myrtle trees are not proposed. Along the west and south property lines Brisbane Box (30’-0” tall and 25’-0” wide) are proposed along with London Planes as occasional accents. 3. Darker color for the stair tower at the front of the building. The building includes concrete, stucco, and metal paneling. The concrete is a natural gray color; the stucco is either “sandy hook grey” or “wrought iron” depending on the location; and the metal paneling is either silver, gray, or black depending on the location. Specifically, as proposed, the material and color for the front stair tower is a natural gray concrete with color pigment added. The applicant has responded to the Board’s comments by adding a darker gray color pigment to the concrete, thereby using color to visually reduce the prominence of this building element. The applicant will provide a sample of this at the meeting. Prior staff reports have detailed the project compliance with applicable zoning regulations and required application findings. A link to those reports is provided in the background section. Environmental Review The Mitigated Negative Declaration indicates that with implementation of the project there could be potential significant environmental impacts to Biological resources and Transportation systems. Mitigation measures are proposed to reduce these impacts to less than significant through surveys for nesting birds and avoidance; and reduction of light sources after 10:00pm. Regarding transportation, the project may impact the level of service at the Embarcadero/East Bayshore intersection. Mitigation is proposed to reduce this impact to less than significant by reconfiguring the lanes and providing a change in the traffic signal timing. See Attachment H for the Initial Study/Mitigated Negative Declaration. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten day in advance. Notice of a public hearing for the May 5, 2016 ARB hearing was published in the Daily Post on April 19th and the Palo Alto Weekly on April 29th. Postcard mailing occurred on April 20th. At that hearing, the Board continued the item to a date certain. Public Comments As of the writing of this report, no project-related, public comments were received. City of Palo Alto Planning & Community Environment Department Page 6 Alternative Actions In addition to the recommended action, the Architectural Review Board may: 1. Recommend approval of the project with modified findings or conditions; or 2. Recommend project denial based on revised findings. Report Author & Contact Information ARB2 Liaison & Contact Information Sheldon S. Ah Sing, Consultant Planner Jodie Gerhardt, AICP, Planning Manager (650) 938-1111 (650) 329-2575 sahsing@m-group.us jodie.gerhardt@cityofpaloalto.org Attachments:  Attachment A: Project Location Map (PDF)  Attachment B: Findings (DOCX)  Attachment C: Conditions of Approval (DOCX)  Attachment D: Zoning Compliance (DOCX)  Attachment E: Comp Plan and Baylands Consistency (DOCX)  Attachment F: Site Photographs (PDF)  Attachment G: ARB Report 11-19-2015 (PDF)  Attachment H: Initial Study/Mitigated Negative Declaration (PDF)  Attachment I: Project Plans (Lighting Plan & Revised Plans) (PDF) 2 Emails may be sent directly to the ARB using the following address: arb@cityofpaloalto.org